Terms Of Service
Terms of Service
Last Updated: March 19, 2025.
Welcome to Holistic Vitalis (the “Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our mobile application (the “App”), our website located at www.holisticvitalis.com, and any associated services or products we provide (collectively, the “Services”). By downloading, installing, or using our App or otherwise accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any of these Terms, please discontinue use of our App and Services immediately.
1. Acceptance of Terms
Legal Age: You must be at least the age of majority in your jurisdiction to use our App and Services. If you are using the App on behalf of a minor, you are agreeing to these Terms on behalf of that minor, and you are responsible for all actions taken under their account.
Consent: By creating an account or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any additional guidelines or policies we may reference.
2. Modifications to Terms
We reserve the right to update or modify these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the updated Terms in the App or on our website.
Your continued use of the App or Services after any such changes are posted constitutes your acceptance of the revised Terms. If you do not agree with any of the updated Terms, you must stop using our App and Services.
3. Account Registration and Security
Account Creation: To access certain features of our App, you may be required to create an account. You agree to provide and maintain true, accurate, and current information as requested by the registration process.
Credentials: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or password.
Restrictions: You agree not to create an account under a false identity or on behalf of someone else. We may suspend or terminate your account if any information provided during the registration process or thereafter is inaccurate, false, or misleading.
4. Health and Wellness Disclaimer
No Medical Advice: The content provided by Holistic Vitalis through our App or Services (including text, images, videos, or any other material) is for informational and educational purposes only and is not intended to replace professional medical advice, diagnosis, or treatment.
Consult a Professional: Always seek the guidance of a qualified healthcare provider with any questions you may have regarding your health or before making changes to your diet, exercise routine, or wellness program.
No Guarantee of Results: Holistic Vitalis does not guarantee any specific outcomes or results from your use of our App, Services, or products. Individual experiences may vary.
5. License and Intellectual Property
License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use our App on your personal device for personal, non-commercial use.
Ownership: All content, features, and functionality (including but not limited to text, graphics, logos, buttons, images, and software) contained in or made available through our App and Services are the exclusive property of Holistic Vitalis or our licensors and are protected by intellectual property laws.
Trademarks: The Holistic Vitalis name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Holistic Vitalis or its affiliates or licensors. You must not use such marks without our prior written permission.
Restrictions: You shall not (a) copy, modify, or create derivative works of the App; (b) decompile or reverse engineer the App; or (c) use the App for commercial purposes without our express written consent.
6. User Conduct and Content
Prohibited Conduct: You agree not to use our App or Services for any unlawful purpose or in violation of these Terms. Specifically, you agree not to:
Post or transmit content that is unlawful, defamatory, hateful, harassing, threatening, obscene, or otherwise objectionable.
Disrupt or interfere with the security or proper functioning of our App, Services, or servers.
Attempt to gain unauthorized access to user accounts or our systems.
Use the App or Services in any manner that could damage, disable, overburden, or impair our infrastructure.
User-Generated Content: If our App allows you to post, upload, or otherwise submit content (“User Content”), you retain any ownership rights you have in that User Content. However, by submitting User Content, you grant Holistic Vitalis a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, distribute, display, and perform the User Content in connection with operating and providing our Services.
Monitoring and Enforcement: We reserve the right (but have no obligation) to review, remove, or refuse to post any User Content at our sole discretion and to disclose any information necessary to satisfy any law, regulation, legal process, or governmental request.
7. App Updates and Availability
Updates: We may from time to time, in our sole discretion, develop and provide updates for our App, which may include upgrades, bug fixes, patches, and other error corrections or new features. You agree to promptly download and install all updates to ensure the App functions properly.
Downtime: We do not guarantee that the App or Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the App, which may result in interruptions, delays, or errors. You agree that we have no liability for any such downtime.
8. Third-Party Services and Links
Third-Party Content: Our App may contain links to third-party websites, apps, or resources that we do not own or control. We do not endorse or assume any responsibility for any such third-party content.
Third-Party Services: Some features within the App may require integrations with third-party services. Your use of those services is governed by the terms and policies of the third-party providers, not these Terms.
9. Payments and Subscriptions
In-App Purchases: The App may offer products or services for purchase (“In-App Purchases”). If you choose to make an In-App Purchase, you agree to pay the applicable fees and taxes.
Subscriptions: If the App includes subscription-based services, subscription fees will be billed on a recurring basis (e.g., monthly or annually). Your subscription will automatically renew unless you cancel before the next billing cycle. You are responsible for managing your subscription and canceling before renewal if you do not wish to continue.
No Refunds: Unless otherwise provided by applicable law or explicitly stated by us, all sales are final and no refunds will be provided. Please see our Refund Policy.
10. Disclaimer of Warranties
As-Is Basis: The App and Services are provided on an “as is” and “as available” basis. Holistic Vitalis disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
No Guarantee: We do not warrant that the App or Services will meet your requirements, achieve any intended results, be compatible with your devices, or operate without interruption or error.
11. Limitation of Liability
Indirect Damages: To the fullest extent permitted by law, in no event will Holistic Vitalis or its affiliates, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data, or goodwill.
Maximum Liability: In no event shall the total liability of Holistic Vitalis, whether in contract, tort, or otherwise, exceed the amount you have actually paid to us for the applicable Service in the six (6) months preceding the event giving rise to such liability.
12. Indemnification
You agree to defend, indemnify, and hold harmless Holistic Vitalis, its directors, officers, employees, agents, and affiliates from and against all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your breach of these Terms, (b) your use of the App or Services, or (c) your violation of any laws or third-party rights.
13. Termination
Right to Terminate: We reserve the right to suspend or terminate your account and access to the App or Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms.
Effect of Termination: Upon termination, your right to use the App and Services will immediately cease. Provisions in these Terms that by their nature should survive termination will survive (e.g., indemnification, limitation of liability).
14. Governing Law and Dispute Resolution
Governing Law: These Terms and any dispute related to them or the Services shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law provisions.
Dispute Resolution: Any dispute arising from or relating to these Terms or the use of the App or Services shall be submitted to the exclusive jurisdiction of the state or federal courts located in [Your Location]. You waive any objections to venue in these courts.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision shall be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
16. Entire Agreement
These Terms, along with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Holistic Vitalis regarding the use of our App and Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written.
17. Contact Us
If you have any questions or concerns about these Terms or the App, please contact us at:
Holistic Vitalis
2605 Mountain Industrial Blvd Suite 12
Tucker, Georgia 30084
support@holisticvitalis.com
888-539-8875
By continuing to use the Holistic Vitalis App and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.