Terms of Service

Effective Date: [EFFECTIVE_DATE]

Last Updated: [LAST_UPDATED]

[ENTITY_NAME], LLC ("Vital IQ," "we," "us," or "our")

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "your") and [ENTITY_NAME], LLC, a Florida limited liability company, governing your access to and use of the Vital IQ mobile application, website, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Consumer Health Data Privacy Policy, our Medical Disclaimer, our HIPAA Notice of Privacy Practices, and our Cookie Policy, all of which are incorporated into these Terms by reference.

If you do not agree to these Terms, you may not access or use the Service.

1. Eligibility

1.1 Age Requirement

You must be at least 18 years of age to use the Service. By creating an account and using the Service, you represent and warrant that you are at least 18 years of age. If you are under 18, you may not create an account or use the Service under any circumstances.

We do not knowingly collect personal information or health data from individuals under 18. If we discover that a user is under 18, we will immediately terminate their account and delete all associated data.

By agreeing to these Terms, you represent and warrant that you have the legal capacity to enter into a binding agreement in your jurisdiction.

1.3 Geographic Availability

The Service is currently available to users in the United States and select countries in South America (Brazil, Colombia, Argentina, Chile, and Mexico). We make no representation that the Service is appropriate or available for use in other locations. If you access the Service from outside these regions, you do so at your own risk and are responsible for compliance with your local laws.

2. The Service

2.1 Description

Vital IQ is a health and wellness analytics platform that provides:

2.2 Service Availability

We strive to maintain the Service's availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, system updates, third-party service disruptions, or circumstances beyond our reasonable control. We will make reasonable efforts to provide advance notice of scheduled maintenance.

2.3 Changes to the Service

We may modify, update, or discontinue features of the Service at any time. For material changes that significantly affect your use of the Service, we will provide reasonable advance notice through the app or by email. If a change materially reduces the functionality you are paying for under an active subscription, you may cancel your subscription for a prorated refund of any prepaid amounts.

3. Medical Disclaimer and Limitations

The following provisions are material terms of this agreement. By using the Service, you expressly acknowledge and agree to each of the following:

3.1 Vital IQ Is Not a Healthcare Provider

Vital IQ is a wellness technology company. We are not a hospital, clinic, physician, nurse practitioner, physician assistant, or any other licensed healthcare provider. Your use of the Service does not create a doctor-patient relationship, provider-patient relationship, or any clinical relationship between you and Vital IQ or any of its employees, contractors, or agents.

3.2 Not Medical Advice

The information, interpretations, scores, insights, briefings, companion responses, and all other content provided through the Service are for informational and educational purposes only. They do not constitute medical advice, clinical diagnosis, treatment recommendations, or a substitute for professional medical judgment.

3.3 Not a Medical Device

Vital IQ is not a medical device as defined by the U.S. Food and Drug Administration (FDA) or any equivalent regulatory body. Our biological age calculations, health scores, biomarker interpretations, and AI-generated insights have not been evaluated, cleared, or approved by the FDA or any regulatory authority. These features are wellness tools, not diagnostic instruments.

3.4 Not an Electronic Health Record

Data stored in Vital IQ is not an electronic health record (EHR), electronic medical record (EMR), or personal health record (PHR) as those terms are defined under applicable law. Vital IQ should not be used as a substitute for your official medical records maintained by your healthcare providers.

3.5 Professional Medical Judgment Required

You must always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition, treatment plan, or health concern. You must never disregard professional medical advice, delay seeking medical care, start or discontinue any medication, or alter any treatment plan based on information obtained through the Service.

3.6 AI Limitations

The AI systems used by Vital IQ can and do produce errors. AI-generated content may be incomplete, inaccurate, or not applicable to your individual medical circumstances. AI systems lack the clinical context, physical examination capability, and professional judgment of a licensed healthcare provider. You must treat all AI-generated content as informational starting points, not definitive health assessments.

3.7 Emergency Situations

Vital IQ is not an emergency medical service. If you are experiencing a medical emergency, call 911 (in the United States) or your local emergency number immediately. If you are experiencing a mental health crisis, contact the 988 Suicide and Crisis Lifeline (call or text 988 in the United States) or go to your nearest emergency room. Do not rely on the Service in any emergency situation.

3.8 Full Medical Disclaimer

For the complete Medical Disclaimer, including feature-specific limitations and international crisis resources, please review our standalone Medical Disclaimer, which is incorporated into these Terms by reference.

4. Accounts

4.1 Account Creation

To use the Service, you must create an account using a valid email address and one of our supported authentication methods (email/password, Google Sign-In, or Apple Sign-In). You must provide accurate and complete information during account creation.

4.2 Account Security

You are responsible for maintaining the security of your account credentials. You agree to:

We offer optional biometric authentication (fingerprint, Face ID) as an additional security measure. We recommend enabling this feature.

4.3 Account Responsibility

You are responsible for all activity that occurs under your account, whether or not you authorized it. We are not liable for any loss or damage arising from unauthorized access to your account, except to the extent caused by our failure to maintain reasonable security measures.

4.4 One Account Per Person

Each account is intended for use by a single individual. You may not create multiple accounts. The health data and AI-generated insights in your account are calibrated to a single individual's health profile. Using a shared account or entering health data from multiple individuals will produce unreliable results.

5. Subscriptions and Payments

5.1 Subscription Plans

Vital IQ offers subscription plans that provide access to the Service's features. Current plans, pricing, and feature details are displayed in the app and on our website. Subscription benefits are described at the point of purchase and may vary by plan tier.

5.2 Billing

Subscriptions are billed through your device's app store (Apple App Store or Google Play Store) via our subscription management partner, RevenueCat. By subscribing, you authorize recurring charges to your selected payment method at the applicable subscription rate.

5.3 One-Time Purchases

Certain features (such as individual report uploads or additional upload credits) may be available as one-time purchases processed through Stripe. One-time purchases are non-refundable except as required by applicable law or as described in Section 5.6.

5.4 Free Trial

We may offer free trial periods for new subscribers. Trial terms, including duration and applicable plan, are disclosed at the time the trial is offered. Unless you cancel before the trial period ends, your subscription will automatically convert to a paid subscription at the applicable rate.

5.5 Cancellation

You may cancel your subscription at any time through your device's app store subscription management settings (Apple App Store or Google Play Store). Cancellation takes effect at the end of the current billing period — you will retain access to paid features until your current period expires. We do not provide prorated refunds for partial billing periods, except as required by applicable law.

5.6 Refunds

Refund eligibility is governed by the policies of the applicable app store (Apple or Google). If you believe you are entitled to a refund, contact the app store through which you made the purchase, or contact us at [SUPPORT_EMAIL] for assistance.

For lab report uploads that fail to process (stuck in our pipeline for more than 30 minutes), upload credits are automatically refunded to your account.

5.7 Subscription Access After Expiration

After your subscription expires or is canceled:

6. Gift Subscriptions

6.1 Purchasing Gifts

You may purchase gift subscriptions for others. Gift purchases are one-time transactions and do not auto-renew. Gift subscription terms (duration, features) are disclosed at the time of purchase.

6.2 Redeeming Gifts

Gift codes are 12-character alphanumeric codes that can be redeemed within the app. Gift codes:

6.3 Unclaimed Gifts

We will send reminders before gift codes expire. Unclaimed gift codes that pass their expiration date will be marked as expired and will no longer be redeemable.

7. User Content and Data

7.1 Your Data Belongs to You

You retain all ownership rights in the personal information, health data, lab reports, journal entries, and other content you provide to the Service ("User Content"). We do not claim ownership of your User Content.

7.2 License to Operate

By submitting User Content to the Service, you grant [ENTITY_NAME], LLC a limited, non-exclusive, non-transferable license to use, process, store, and display your User Content solely for the purposes of providing, maintaining, and improving the Service as described in our Privacy Policy. This license terminates when you delete your User Content or your account (subject to reasonable backup and deletion timelines).

7.3 De-Identified Data

You agree that we may create de-identified, aggregated data derived from User Content, from which all personal identifiers have been removed in accordance with HIPAA Safe Harbor de-identification standards. This de-identified data cannot reasonably be used to identify you. We may use de-identified, aggregated data for research, analytics, and Service improvement purposes. Our de-identification practices are described in our Privacy Policy.

7.4 Accuracy of User Content

You represent that the User Content you provide is accurate to the best of your knowledge and pertains to you personally (not to another individual). Providing health data belonging to another person violates these Terms and may compromise the accuracy of all AI-generated outputs for your account.

7.5 Prohibited Content

You may not upload, submit, or transmit through the Service any content that:

7.6 Data Export and Portability

You may export a copy of your User Content at any time using the data export feature in the app (Settings > Privacy > Export My Data). Exported data is provided in a structured, machine-readable format (JSON). For details on data export, see our Privacy Policy.

7.7 Data Deletion

You may request deletion of your User Content and account at any time. Deletion procedures are described in our Privacy Policy. Upon verified account deletion, we will permanently delete your User Content within 30 days, except for data we are required by law to retain.

8. AI-Powered Features

8.1 Nature of AI Outputs

Vital IQ uses artificial intelligence (currently Anthropic Claude models via Google Vertex AI) to generate biomarker interpretations, health insights, companion responses, journal analysis, and other outputs ("AI Outputs"). You acknowledge and agree that:

8.2 Quality Assurance

We employ a multi-tier AI architecture with independent audit agents that verify extraction, classification, and interpretation quality. While this system is designed to reduce errors, it does not eliminate them entirely. Quality metrics are monitored continuously, and we make ongoing improvements to our AI pipeline.

8.3 AI Health Companion

The AI Health Companion is a conversational feature that can answer health-related questions using your health context. The companion:

By using the Service, you consent to the processing of your health data by AI systems as described in our Privacy Policy. You may withdraw this consent at any time (Settings > Privacy > Manage Consents), which will disable AI-powered features that require your health data.

9. Wearable Device Integration

9.1 Supported Platforms

Vital IQ integrates with Apple HealthKit (iOS) and Google Health Connect (Android) to read health data from your wearable devices and health apps.

Wearable data integration requires your explicit consent, which you provide through your device's health platform permission dialog. You control which specific data types are shared with Vital IQ through your device settings. You may disconnect wearable integration at any time.

9.3 Data Accuracy

Wearable health data is provided by your device and its connected sensors. We do not control the accuracy, completeness, or reliability of wearable data. Differences between wearable-reported data (such as sleep duration) and your actual experience are expected. Wearable data displayed in Vital IQ is wellness data, not clinical-grade measurements. See our Medical Disclaimer for more information.

9.4 Background Sync

With your permission, Vital IQ periodically syncs wearable data in the background (approximately every 4 hours). You may disable background sync through your device settings or within the app.

9.5 Apple HealthKit and Google Health Connect Compliance

In accordance with Apple and Google platform policies:

10. Acceptable Use

10.1 Permitted Use

You may use the Service solely for your personal, non-commercial health and wellness purposes in accordance with these Terms.

10.2 Prohibited Uses

You agree not to:

10.3 Enforcement

We reserve the right to suspend or terminate your account for violations of these Terms. For severe or repeated violations, we may terminate your account without prior notice. Where feasible, we will provide notice and an opportunity to cure before termination for first-time, non-severe violations.

11. Intellectual Property

11.1 Vital IQ's Intellectual Property

The Service, including its software, AI models, algorithms (including biological age calculation algorithms), user interface design, graphics, logos, and documentation, is the property of [ENTITY_NAME], LLC and is protected by copyright, trademark, trade secret, and other intellectual property laws. All rights not expressly granted to you are reserved.

11.2 AI Outputs

AI Outputs generated by the Service based on your User Content are provided for your personal use. You may share your own AI Outputs (such as biomarker interpretations or companion responses) for personal purposes, such as sharing with your healthcare provider. You may not commercially redistribute, publish, or resell AI Outputs.

11.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us a non-exclusive, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Service without obligation to you.

11.4 Trademarks

"Vital IQ" and associated logos are trademarks of [ENTITY_NAME], LLC. You may not use our trademarks without prior written permission.

12. Third-Party Services

12.1 Integrated Services

The Service integrates with third-party services as described in our Privacy Policy, including cloud infrastructure (Google Cloud Platform), AI processing (Anthropic via Google Vertex AI), payment processing (RevenueCat, Stripe), and health platforms (Apple HealthKit, Google Health Connect).

12.2 Third-Party Terms

Your use of third-party services accessed through or in connection with Vital IQ is subject to those services' own terms and privacy policies. We are not responsible for the practices, content, or availability of third-party services.

The Service may contain links to third-party websites or resources (such as lab locations, health resources, or crisis support lines). We provide these links for your convenience and do not endorse, control, or assume responsibility for third-party content or services.

13. Disclaimer of Warranties

To the maximum extent permitted by applicable law:

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

Without limiting the foregoing, we do not warrant that:

You acknowledge that you use the Service and rely on AI Outputs, health scores, and other Service content entirely at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by applicable law.

14. Limitation of Liability

14.1 Exclusion of Damages

To the maximum extent permitted by applicable law, in no event shall [ENTITY_NAME], LLC, its managing member, employees, agents, contractors, or service providers be liable for:

14.2 Cap on Liability

To the maximum extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or related to these Terms or the Service shall not exceed the greater of: (a) the amounts you paid to us for the Service in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100.00).

14.3 Essential Purpose

The limitations in this section apply regardless of the legal theory on which the claim is based, including contract, tort (including negligence), strict liability, or any other theory, and even if we have been advised of the possibility of such damages.

14.4 Jurisdictional Limitations

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, the above limitations and exclusions apply to the fullest extent permitted by applicable law. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by gross negligence.

15. Indemnification

You agree to indemnify, defend, and hold harmless [ENTITY_NAME], LLC, its managing member, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

This indemnification obligation survives termination of these Terms and your account.

16. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

16.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to contact us at [SUPPORT_EMAIL] and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved through good-faith discussion.

16.2 Binding Arbitration

If we cannot resolve a dispute informally, you and [ENTITY_NAME], LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding individual arbitration, rather than in court, except as provided in Section 16.5.

Arbitration shall be conducted under the rules of the American Arbitration Association ("AAA") Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted by a single arbitrator.

The arbitration shall take place in Manatee County, Florida, or at another mutually agreed location, or by telephone or videoconference if the parties agree.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

16.3 Class Action Waiver

You and [ENTITY_NAME], LLC agree that each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and proceed in a court of competent jurisdiction, while the remaining claims proceed in arbitration.

16.4 Arbitration Fees

For claims under $10,000, we will pay all AAA filing fees, administration fees, and arbitrator fees. For claims between $10,000 and $75,000, fees will be allocated as provided by AAA Consumer Arbitration Rules. For claims over $75,000, fees will be allocated by the arbitrator. We will not seek attorneys' fees from you in arbitration unless your claim is determined to be frivolous.

16.5 Exceptions to Arbitration

The following are not subject to the arbitration requirement:

16.6 Opt-Out of Arbitration

You may opt out of the arbitration and class action waiver provisions by sending written notice to [ENTITY_NAME], LLC at [ADDRESS_LINE_1], [CITY], Florida [ZIP] within 30 days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms remain in effect, and disputes will be resolved in the courts specified in Section 16.7.

16.7 Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law provisions. To the extent that any dispute is not subject to arbitration (including if you opt out of arbitration), you agree to the exclusive jurisdiction of the state and federal courts located in Manatee County, Florida, and the United States District Court for the Middle District of Florida.

17. Termination

17.1 Termination by You

You may terminate your account at any time by deleting your account through the app (Settings > Privacy > Delete My Account) or by contacting us at [SUPPORT_EMAIL]. Termination of your account cancels your access to the Service but does not automatically cancel your subscription — you must separately cancel your subscription through your device's app store to stop future charges.

17.2 Termination by Us

We may suspend or terminate your account if:

For violations, we will provide notice and a reasonable opportunity to cure where feasible, except for severe or repeated violations that threaten the integrity, security, or safety of the Service or its users.

17.3 Effect of Termination

Upon termination:

18. Changes to Terms

We may update these Terms from time to time. When we make material changes:

Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of those changes.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy, Consumer Health Data Privacy Policy, Medical Disclaimer, HIPAA Notice of Privacy Practices, and Cookie Policy, constitute the entire agreement between you and [ENTITY_NAME], LLC regarding the Service, superseding all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

19.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us to be effective.

19.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, reorganization, or sale of assets, provided the assignee agrees to be bound by these Terms.

19.5 Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including natural disasters, pandemics, government actions, internet or telecommunications failures, cyberattacks, or third-party service disruptions.

19.6 Notices

We may send you notices through the Service (in-app notifications), by email to the address associated with your account, or by other reasonable means. You may send notices to us at the contact information in Section 20. Notices are deemed received when delivered to the app, sent by email, or 3 business days after mailing.

19.7 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

19.8 No Third-Party Beneficiaries

These Terms are between you and [ENTITY_NAME], LLC. No third party has any rights under these Terms, except that our service providers and personnel may invoke the protections of Sections 14 and 15.

19.9 Language

These Terms are provided in English. If translated into another language, the English version controls in the event of a conflict. Service features may be available in English and Spanish; all legal documents are governed by their English versions.

20. Contact Us

If you have questions about these Terms, please contact us:

[ENTITY_NAME], LLC
Attn: Legal
[ADDRESS_LINE_1]
[CITY], Florida [ZIP]

Email (general): [SUPPORT_EMAIL]
Email (privacy): [PRIVACY_EMAIL]
Email (legal): [LEGAL_EMAIL]

These Terms of Service are part of Vital IQ's legal documentation, which also includes our Privacy Policy, Consumer Health Data Privacy Policy, Medical Disclaimer, HIPAA Notice of Privacy Practices, and Cookie Policy.