Terms of Service

1. Introduction

Welcome to VitaLink. These Terms of Service ("Terms") govern your access to and use of the VitaLink platform, including any website, mobile application, and services offered by VitaLink ("Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Definitions

"VitaLink", "we", "us", and "our" refer to VitaLink, Inc., the company that provides the Services.

"User", "you", and "your" refer to any individual or entity that accesses or uses our Services.

"Health Data" refers to any personal health information, including but not limited to data from wearable devices, biomarker tests, genetic reports, and medical records that you connect to or upload to our Services.

3. Account Registration and Security

To use certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information and Health Data. By using our Services, you agree to our collection, use, and disclosure of information as described in our Privacy Policy.

We implement appropriate technical and organizational measures to protect your Health Data against unauthorized or unlawful processing, accidental loss, destruction, or damage.

5. User Responsibilities

When using our Services, you agree not to:

• Violate any applicable law, regulation, or these Terms
• Infringe upon the rights of others
• Upload or transmit any material that contains viruses, trojan horses, worms, or any other harmful or destructive code
• Attempt to gain unauthorized access to our Services or systems
• Use our Services for any illegal or unauthorized purpose
• Interfere with or disrupt the integrity or performance of our Services

6. Health Data Ownership and Sharing

You retain ownership of your Health Data. By using our Services, you grant us a limited license to access, store, and process your Health Data solely for the purpose of providing and improving our Services.

You control who has access to your Health Data through our sharing features. You are responsible for managing your sharing preferences and understanding the implications of sharing your Health Data with third parties.

7. Third-Party Services and Integrations

Our Services may allow you to connect with third-party services, such as wearable devices, healthcare providers, and analytics platforms. Your use of such third-party services is subject to their respective terms and privacy policies.

We are not responsible for the content, privacy practices, or security of any third-party services. You should review the terms and privacy policies of any third-party services before connecting them to our Services.

8. Intellectual Property Rights

The Services, including all content, features, and functionality, are owned by VitaLink or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent. You may not reverse engineer or attempt to extract the source code of our software.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VITALINK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

11. Indemnification

You agree to indemnify, defend, and hold harmless VitaLink and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from your use of the Services or your violation of these Terms.

12. Modifications to Terms

We may modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website. Your continued use of the Services after such notification constitutes your acceptance of the modified Terms.

13. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

15. Contact Information

If you have any questions about these Terms, please contact us at legal@vitalink.health.