Vita Terms of Use

Last updated: August 2025

These Terms of Use (the “Terms”) are a legally binding agreement between you and Vita App Inc. (“Vita,” “we,” “us,” or “our”) governing your access to and use of the Vita iOS application (the “App”), our website located at thevita.ai (the “Site”), and any products, services, features, content, and applications we make available (collectively, the “Services”).

By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization and that “you” refers to that entity.

1. Eligibility; Accounts

• Age. You must be at least 13 years old (or the minimum age in your jurisdiction) to use the Services. If you are 13–17 (or the age of majority where you live), you may use the Services only with the consent of a parent or legal guardian who accepts these Terms on your behalf.
• Account. You are responsible for your account credentials and all activity under your account. Keep your password secure and notify us immediately of any unauthorized use.
• Accuracy. You agree to provide accurate information and to keep it current (e.g., email address).

2. Beta Programs; TestFlight

We may offer the App through private or public beta programs (including via Apple TestFlight). Beta features are experimental, may be incomplete, may change, and may collect additional diagnostics to improve stability and accuracy. We may modify or discontinue beta features at any time. Your participation is voluntary; you can exit by uninstalling the beta build. By using beta features, you acknowledge the increased risk of bugs, crashes, or data loss and agree we have no liability for them except as required by law.

3. Not Medical Advice; No HIPAA Relationship

The Services provide information to help you log meals and track nutrition and workouts. The Services do not provide medical advice and are not a medical device. The Services are not intended to diagnose, treat, cure, or prevent any disease. Vita is not a HIPAA “covered entity” or “business associate.” Always consult a qualified health professional with questions about your health. Do not rely on the Services for medical decisions or emergencies.

4. Apple Health and Permissions

With your explicit consent, the App may read certain Apple Health data to display totals and trends. You control these permissions in iOS Settings and can revoke them at any time. We will not write data to Apple Health without your permission. Your use of Apple Health is also subject to Apple’s terms and policies.

5. AI & Automated Features

Some features use artificial intelligence or machine learning (e.g., image recognition, transcription, and nutrition parsing). AI outputs may be inaccurate, incomplete, or inappropriate. You are responsible for reviewing results, making corrections, and deciding how to use them. We may use third-party AI providers (e.g., OpenAI, Google Cloud Vision) subject to contractual and technical controls. See our Privacy Policy for data flows and safeguards.

6. License and Ownership

• Your License. Subject to these Terms, Vita grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use one copy of the App on a device you own or control and to access and use the Services for your personal, non-commercial use.
• Reservation of Rights. We and our licensors own all right, title, and interest in and to the Services, including software, interfaces, graphics, text, designs, and other content, and all related intellectual property rights. Except for the license above, these Terms do not grant you any rights in or to the Services or content.
• Trademarks. “Vita,” our logos, and other marks are Vita trademarks or service marks. You may not use them without our prior written permission.

7. User Content; Feedback

• User Content. You may submit content to the Services (e.g., photos of meals, voice input, text entries, brand/portion edits, workout logs, comments). You retain ownership of your content. You grant Vita a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt, translate, display, and distribute your content as reasonably necessary to operate, improve, and provide the Services to you and (if you choose to share) to others, subject to our Privacy Policy.
• Feedback. If you send us ideas, suggestions, or feedback, you grant us a perpetual, worldwide, irrevocable, royalty-free license to use and exploit them without restriction or compensation to you.
• Responsibility. You are solely responsible for your content and for ensuring you have all rights required to submit it. Do not upload content you do not have permission to share.

8. Acceptable Use

You agree not to, and not to allow others to:

• use the Services for unlawful, harmful, fraudulent, or infringing purposes;
• upload or transmit viruses, malware, or other harmful code;
• attempt to access accounts or systems without authorization; probe, scan, or test the vulnerability of any system or network; or breach security measures;
• interfere with or disrupt the Services or impose unreasonable load on our infrastructure;
• reverse engineer, decompile, disassemble, or derive source code from the Services except to the extent permitted by law;
• scrape, crawl, or harvest data from the Services without permission;
• misrepresent your identity or affiliation; or
• use the Services to generate, upload, or share content that is illegal, harassing, defamatory, obscene, hateful, or that violates others’ rights.

9. Third-Party Services

The Services may integrate with or link to third-party services (including Apple Health, OpenAI, Google Cloud Vision, Firebase, Formspree, payment processors, hosting providers). Your use of third-party services is subject to their terms and privacy policies. We are not responsible for third-party services and do not endorse them.

10. Subscriptions, Trials, and Payments (Future)

We may offer paid plans or coaching subscriptions in the future. If you purchase a subscription, you authorize us (or our processor) to charge your payment method on a recurring basis until you cancel. We will disclose pricing, billing intervals, and cancellation terms at checkout. Unless stated otherwise, subscriptions renew automatically. You can cancel via the App, your platform account (e.g., Apple), or by contacting support as described at the point of sale. Some purchases may be subject to the platform’s refund policies (e.g., Apple Media Services Terms).

11. Beta Rewards (Vita Points) & Planned On-Chain Rewards

We may grant non-transferable Vita Points to beta participants for certain actions (e.g., onboarding, logs, feedback) subject to rules we publish. Vita Points have no cash value, are not a cryptocurrency or security, may not be sold, traded, or transferred, and may be modified, limited, or discontinued at our discretion. Any perks or redemptions are promotional and may change without notice.

We plan an optional on-chain rewards layer in the future. Any conversion of Vita Points to a digital asset (if offered) will be at Vita’s sole discretion, not guaranteed, and may be subject to eligibility, KYC/AML, geo-restrictions, platform rules (e.g., App Store), and applicable law. Nothing in our Site/App is an offer or solicitation to sell any digital asset or security. Void where prohibited.

12. Privacy

Our Privacy Policy describes how we collect, use, and share information. By using the Services, you consent to our data practices as described there.

13. Termination

You may stop using the Services at any time. We may suspend or terminate your access (with or without notice) if we believe you’ve violated these Terms, create risk or possible legal exposure for us or others, or for scheduled or emergency maintenance. Upon termination, your license ends and you must stop using the Services. Sections of these Terms that by their nature should survive will survive (e.g., ownership, disclaimers, liability limits, dispute resolution).

14. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, VITA AND ITS AFFILIATES, LICENSORS, AND PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR THAT RESULTS WILL BE ACCURATE OR RELIABLE. YOU USE THE SERVICES AT YOUR OWN RISK.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VITA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO VITA FOR THE SERVICES IN THE 12 MONTHS BEFORE THE ACT GIVING RISE TO THE CLAIM OR (B) USD $100. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

16. Indemnification

You agree to indemnify, defend, and hold harmless Vita and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your content, or your violation of these Terms or applicable law.

17. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It requires binding arbitration of certain disputes and limits how you can seek relief from us.

• Informal Resolution. Before filing a claim, you agree to try to resolve the dispute informally by emailing legal@thevita.ai with a description of the dispute. If we cannot resolve it within 30 days, either party may initiate arbitration.
• Binding Arbitration. Except for small-claims court or claims for injunctive relief, all disputes arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration will take place in Los Angeles County, California, or by video/phone if you prefer. The arbitrator’s decision will be final and enforceable in any court with jurisdiction.
• Class and Jury Waiver. You and Vita agree to bring claims only in your or our individual capacity, and not as a plaintiff or class member in any class, collective, or representative action. You and Vita waive the right to a jury trial.
• Opt-Out. You may opt out of this arbitration agreement by emailing legal@thevita.ai within 30 days of first accepting these Terms, stating your name and that you are opting out of arbitration.

18. Governing Law; Venue

These Terms are governed by the laws of the State of California, without regard to conflict of law principles, except as otherwise provided by applicable consumer protection law. Subject to the arbitration provisions above, the exclusive venue for disputes will be the state and federal courts located in Los Angeles County, California, and you consent to personal jurisdiction there.

19. Export and Sanctions

You may not use or export the Services except as authorized by U.S. law and the laws of the jurisdiction where the Services were obtained. You represent you are not located in, a resident of, or organized under the laws of any country or region subject to comprehensive U.S. sanctions, and you are not a denied or restricted party.

20. Changes to the Services and Terms

We may modify or discontinue all or part of the Services at any time. We may update these Terms from time to time. If we make material changes, we will provide notice (e.g., by updating the “Last updated” date, posting a notice in the App or Site, or emailing you). Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

21. Copyright Complaints (DMCA)

If you believe content on the Services infringes your copyright, please send a notice to dmca@thevita.ai including: (1) a description of the copyrighted work; (2) the URL or location of the allegedly infringing material; (3) your contact information; (4) a statement that you have a good-faith belief the use is not authorized; (5) a statement under penalty of perjury that the information is accurate and you are authorized to act; and (6) your physical or electronic signature. We may disable content and terminate repeat infringers consistent with the DMCA and applicable law.

22. Open Source and Third-Party Licenses

The Services may include components subject to separate open-source licenses or third-party terms. To the extent a third-party license conflicts with these Terms, that license controls with respect to the applicable component.

23. Coaching Marketplace (Pilot)

Coaches are independent providers, not employees or agents of Vita. We facilitate discovery, scheduling, and payments, but do not supervise or guarantee services. Sessions are informational and not medical advice. Any fees, cancellations, and refunds are subject to posted policies and applicable platform rules.

24. Miscellaneous

• Entire Agreement. These Terms (and policies referenced here) constitute the entire agreement between you and Vita regarding the Services and supersede prior agreements.
• Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder will remain in effect.
• No Waiver. Our failure to enforce a provision is not a waiver.
• Assignment. You may not assign or transfer these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Headings. Headings are for convenience only.

25. Contact

Questions about these Terms? Contact legal@thevita.ai or write to:

For convenience, these Terms may be translated. The English version controls in case of conflict. Nothing in these Terms limits non-waivable consumer rights under applicable law.