Terms of Service

The Services are intended only for individuals residing in the United States. The Services are for personal use only and are not intended for business sales or business use. Although the Services may be accessed from around the world, the Services have been designed to comply with the laws of the United States. If any material on the Services, or your use of the Services, is contrary to the laws of the country where you are when you access it, the Services are not intended for you, and you should not access or use the Services. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Account Creation

In order to access or use some of the features of the Services, you must first register and create an account ("Account"). In order to create an Account, you will need to provide us with certain information such as your name, email address, billing address, shipping address, and other registration information for any reason in our sole discretion. To create an Account, you represent that you are (1) 18 years of age (or the age of majority in the jurisdiction in which you reside, whichever is older), (2) a resident of the United States, and (3) have the legal capacity to enter into these Terms. In creating an Account you agree that you will: (1) provide true, accurate, current, and complete registration information about yourself in connection with the registration; (2) be solely responsible for all activities that occur under your Account; (3) not impersonate another person, use credentials that belong to another person, or violate the intellectual property rights or other right of any person or entity; and (4) not sell, transfer, or assign your Account or any Account rights. Some Services may not be available in all states due to state-specific regulations governing telehealth and prescription medications.

Restrictions

We reserve the right to immediately suspend or amend the Services, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. We also reserve the right to change the prices or specifications of Services at any time; any such price change will be communicated to you in accordance with Section 3 (Subscription Terms and Auto-Renewal) below. The Services may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Vitäal Health, access to the Services may be interrupted or suspended from time to time. Vitäal Health shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, availability, and equipment needed for access or use.

Account Security

You understand that you must treat all Account information (username and password) as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You shall bear the entire risk for any use thereof, whether you have authorized such use and whether or not you are negligent. If you permit other persons to use your computer or mobile device, login information, or any other means to access the Services, you will be held responsible for any transactions they undertake, and we will not be liable for any damages resulting to you.

You agree to notify us immediately of any unauthorized access to your Account or any other breach of security.

Suspension and Termination

We have the right to immediately disable or terminate any Account, at any time in our sole discretion for any reason without notice, including if, in our opinion, you have violated any provision of these Terms or applicable law. Any such termination will automatically terminate all rights and licenses granted to you under these Terms, including all rights to access or use the Services. In the event of any termination, all provisions of these Terms whose meaning requires them to survive will accordingly survive (including indemnity and limitation of liability). You acknowledge and agree that we will not be liable to you or any third party for any termination of your access or use of the Services or an Account.

Supply Options

You may choose to receive:

• 30-day supply (30 tablets) - renews every 30 days
• 90-day supply (90 tablets) - renews every 90 days
• 180-day supply (180 tablets) - renews every 180 days

Trial Offer

We may offer promotional pricing for your first order. Trial pricing and terms will be clearly displayed during the checkout process.

IMPORTANT: You will only be charged AFTER a licensed healthcare provider reviews your medical information and approves your prescription. If your prescription is not approved, you will not be charged.

Automatic Renewal

After your initial order, your subscription will AUTOMATICALLY RENEW at the interval you selected during checkout. The terms governing this renewal, including the price, renewal frequency, and cancellation policy, will be disclosed during checkout. You will be required to consent to these terms during the checkout process to place an order. This information will also be included in your order confirmation email. Your payment method will be automatically charged at the price and frequency you selected unless and until you cancel.

Early Processing

We may process your renewal order up to 2 days before your renewal date to accommodate holidays, operational needs, or to ensure timely delivery and continuity of your treatment. In this event, we will send you a notification disclosing the updated renewal date for that period. To cancel this shipment, you will be required to cancel prior to that updated renewal date.

Physician Consultation Fees

Your subscription includes annual physician consultation services provided by our affiliated, independent licensed physician network.

The consultation fee is $20.00 per year and covers:

• Initial medical evaluation and prescription
• Annual medical review and prescription renewal (up to 12 months of refills)
• Unlimited secure messaging with licensed physicians
• Medical oversight and care management

This $20.00 annual consultation fee is charged by the physician network for medical services. Vitäal Health collects this fee on behalf of the physician network and remits the full amount. Vitäal Health does not retain any portion of the physician consultation fee, does not employ physicians, and does not exercise control over medical decisions. All clinical decisions are made independently by licensed physicians.

Extended care consultations, if medically necessary as determined by your physician (occurring in less than 5% of cases), may result in an additional $30.00 consultation fee.

Subscription Includes

Your monthly subscription provides:

• Daily generic Cialis medication (5mg tablet)
• Annual medical review of your medical history and prescription renewal
• Unlimited secure messaging with licensed physicians
• Discreet shipping from nationally accredited pharmacy
• Platform access and customer support

Pharmacy Quality Standards

Your medication is dispensed by a nationally accredited U.S. pharmacy licensed in 49 states. The pharmacy holds accreditations from:

• PCAB (Pharmacy Compounding Accreditation Board)
• URAC (Utilization Review Accreditation Commission)
• ACHC (Accreditation Commission for Health Care)
• NABP Healthcare Merchant Accreditation
• LegitScript Certified

Your medication is FDA-approved generic Cialis manufactured by FDA-registered facilities and verified for potency and purity under USP standards.

Payment Authorization

By providing your payment information, you authorize Vitäal Health to charge your payment method for:

• Your selected subscription plan at each renewal interval
• Any applicable taxes or shipping fees
• Any outstanding balances owed

Price Changes

We reserve the right to change our subscription pricing at any time. We will notify you before any price increase takes effect for your subscription.

If you do not agree to the new pricing, you may cancel your subscription before the price increase takes effect. Your continued use of the Services after the price change constitutes acceptance of the new pricing.

How to Cancel

You may cancel your subscription at any time by:

• Emailing us at , OR
• Logging into your Account at www.vitaalhealth.com and selecting "Cancel Subscription"

Cancellation Timing

Your renewal date is the date we will begin to prepare your next shipment. You will receive your shipment approximately 5-6 days following the renewal date. You can view your next renewal date in your Account dashboard.

Cancellation takes effect at the end of your current billing period. You will continue to have access to your medication and services through the end of your paid subscription period.

Effect of Cancellation

Upon cancellation:

• Your subscription will not automatically renew on your next renewal date
• You will not be charged any additional subscription fees
• You will continue to receive access to the Services during the current period
• After your current period ends, you will no longer receive shipments or have access to Services

Refund Policy

REFUNDS ARE PROVIDED FOR:

• Prescription denial by healthcare Provider (full refund of charges paid)
• Billing errors or duplicate charges
• Unauthorized charges
• Defective or damaged medication (contact us within 30 days of receipt)

NO REFUNDS ARE PROVIDED FOR:

• Medication that has already been shipped
• Partial billing periods (e.g., cancelling partway through your 30, 90, or 180-day supply period)
• Unused portions of multi-month subscriptions

Prescription Denial Refund

If a healthcare Provider determines that generic Cialis is not medically appropriate for you and denies your prescription request, you will receive a full refund of any charges paid.

Vitäal Health is a telehealth platform. Independent, licensed healthcare providers ("Providers") use the Services to provide consultations and treatment recommendations to you. The Provider conducting the consultation determines the scope of services for diagnosis, treatment, and care. You understand, agree, and acknowledge that the Services may not be the appropriate solution for all health care needs and that the Services may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.

A Provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the Provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, Vitäal Health strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with your Provider.

Moreover, a Provider may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage with the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations.

Furthermore, you agree and accept that:

• (i) any diagnosis you may receive is limited and, in some cases, provisional;
• (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a healthcare Provider;
• (iii) a Provider acting through the Services may not have important information that is usually obtained through a "hands-on" physical examination; and
• (iv) the absence of a physical examination may affect the health care Provider's ability to diagnose any potential condition, disease, or injury.

Our role is limited to making certain telehealth related information available to you and helping facilitate your access to telemedicine and medical services for erectile dysfunction treatment. Vitäal Health is independent from Providers and is not responsible for such Providers' acts, communications, or any content provided by them.

We do not engage in the practice of medicine. We do not provide medical advice. The decision to follow treatment recommendations rests with you and your Provider. By accessing, using, or browsing the Services or providing medical history, you do not create a physician-patient or healthcare provider-patient relationship between you and Vitäal Health or any of our employees and/or affiliates.

Any Services provided by us, or content accessed by you are for informational purposes only and are not intended to replace the advice of your healthcare Provider. Please consult your doctor or other qualified healthcare Provider if you have any questions about a medical condition. Call 911 for all medical emergencies.

No Guarantee of Prescription

Completing a medical questionnaire or consultation does not guarantee that you will receive a prescription. The healthcare Provider will determine whether generic Cialis is medically appropriate for you based on your medical history, current medications, and health status. The Provider makes all medical decisions in their independent professional judgment.

We provide content through the Services that is copyrighted or contains protectable trademarks of us or our third-party licensors and suppliers (collectively, the "Materials"). Materials may include, but are not limited to, documents, services, software, site design, names, text, graphics, logos, artwork, publications, trade dress, characters, interfaces, video, images, sounds, photographs, icons, code, software, and other content, appearing in or on the Services as well as the arrangement thereof. Unless otherwise specified in these Terms, Vitäal Health owns all right, title, and interest in and to all information and screens appearing on the Services, including all Materials provided herein. Subject to these Terms, we hereby grant to you a revocable, limited, personal, non-exclusive, and non-transferable license to use, access, view, print, display, and download the Services solely for your personal and non-commercial use.

Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Services or Materials in any manner or for any purpose that would constitute infringement of our, our licensors', or the Services' other user's intellectual property rights. All rights not expressly granted herein are reserved.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

All comments, feedback, product reviews, pictures, suggestions, ideas, and other submissions disclosed, submitted, or offered to Vitäal Health on or by the Services or otherwise disclosed, submitted or offered in connection with your use of the Services (collectively, "Feedback") shall be and remain Vitäal Health's property. Such disclosure, submission, or offer of any Feedback shall constitute an assignment to Vitäal Health of all worldwide right, title, and interest in and to such Feedback, including, but not limited to, all copyrights, privacy, and other intellectual property rights. Vitäal Health will own exclusively all such Feedback and shall not be limited in any way in its use, commercial or otherwise, of any Feedback. Without limiting the foregoing, you acknowledge and agree that Vitäal Health may, in its discretion, post or otherwise publish Feedback publicly on the Services or on Vitäal Health's social media pages. In the event Feedback cannot be assigned to Vitäal Health as set forth herein, you hereby grant Vitäal Health a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and sub-licensable right to (1) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Feedback throughout the world on the Services or any other media, now known or hereafter devised; and (2) use the name that you submit in connection with such Feedback. If you post any information on the Services or on the social media pages of Vitäal Health, it will be deemed public information and available to the general public. Vitäal Health reserves the right to post on the Services, other websites, and social media pages any Feedback that you post on our social media pages or provide to us through social media. Vitäal Health is and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay any compensation for any Feedback; or (3) to respond to any Feedback. You agree that no Feedback submitted by you will violate any right of any third party, including, but not limited to, copyrights, privacy, and other intellectual property rights. You further agree that no Feedback submitted by you will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Feedback.

By using the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information, order confirmations, renewal notifications, and other information concerning or related to the Services. These electronic communications are part of your relationship with us.

You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You agree to pay all fees due for services requested. You will see information about pricing during the checkout process. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due in accordance with Section 3 (Subscription Terms and Auto-Renewal).

The information presented on or through the Services is made available solely for general information purposes related to erectile dysfunction and sexual health. The information provided does not constitute medical advice or counsel. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may link to other websites that are not sites controlled or operated by us (collectively, "Third-Party Sites"). Certain areas of the Services may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on these Services to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Service.

You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than us, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides.

We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including the truthfulness, accuracy, quality, or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.

Any reference on the Services to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

The Services may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Services.
• Send emails or other communications with certain content, or links to certain content, on the Services.
• Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Services or portions of the Services to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Otherwise take any action with respect to the Materials on the Services that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms.

You agree to cooperate with us to stop any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time in our sole discretion and without notice.

Your use of the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Materials contained on this Service. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors, or suppliers.

You hereby agree to indemnify, defend, and hold harmless us and, to the extent applicable, our subsidiaries and affiliates, and each of their and our respective directors, officers, shareholders, employees, agents, representatives, contractors, and service providers, from and against any and all suits, losses, claims, demands, actions, proceedings, damages, settlements, judgments, injuries, obligations, risks, costs, liabilities, fines, penalties, and expenses (including, without limitation, attorneys' fees and litigation expenses) relating to or arising from your use of the Services, your fraud, violation of law, or willful misconduct, any breach by you of these Terms or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

Such acts may include: (a) communicating with us or, to the extent applicable, our subsidiaries or affiliates; (b) unauthorized use of material obtained through the Services; (c) engaging in a prohibited activity; (d) providing false or misleading information; (e) your use of medication obtained through the Services; (f) any other action that breaches these Terms; (vii) your violation of any laws, rules, regulations, codes statutes, ordinances, or order; (ix) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (x) any misrepresentation made by you.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations. You agree to cooperate with Vitäal Health's defense of any claim. You will not in any event settle any claim related to your use and access of the Services or impacting Vitäal Health's rights without the prior written consent of Vitäal Health.

You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the mandatory arbitration provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms.

For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in the State of California. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure, or local rules.

Applicability

YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES (COLLECTIVELY "CLAIM" OR "CLAIMS") BETWEEN YOU AND VITÄAL HEALTH (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE SERVICES.

Dispute Notice and Informal Dispute Resolution

Prior to commencing, joining, or being joined (as either an individual litigant or the member of a class) to any judicial action that asserts a Claim arising from, relating to, or in connection with these Terms or your use of the Services, you agree to provide, in writing to , notice of the Claim. You further agree to include with that notice, your name, a way in which Vitäal Health can contact you (i.e., address, telephone number, email address, etc.), a description of your Claim, and any documentation in your possession supporting your Claim. You also agree to provide Vitäal Health no fewer than thirty (30) days from the date you submitted your Claim to resolve it, whether by taking corrective action or compensating you for your alleged damages.

Mandatory Individual Arbitration & Class, Collective, or Representative Action Waiver

Class, Collective, or Representative Action Waiver:

Mandatory Individual Arbitration:

All claims are subject to arbitration, no matter what law or legal theory they are based on or what remedy they seek. The arbitrator has exclusive authority to resolve questions regarding the application, enforceability, unconscionability, or interpretation of these Terms and this arbitration provision. The arbitrator has exclusive authority to resolve any disputes regarding the timeliness of any demand for arbitration. Any questions about whether claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. ARBITRATION IS A PRIVATE PROCESS IN WHICH AN IMPARTIAL ARBITRATOR RESOLVES A LEGAL DISPUTE BY MAKING A FINAL AND BINDING DECISION CALLED AND AWARD. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND APPELLATE REVIEW OF AN ARBITRATION AWARD IS MORE LIMITED THAN IN COURT. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

Small-Claims Exception

The only exception to the exclusivity of arbitration is that you and Vitäal Health retain the right to bring individual claims in a small-claims court of competent jurisdiction in the county in which you reside or in California, but only if your claims are within the jurisdiction of small-claims court and so long as the action is not removed or appealed to a court of general jurisdiction. This exception does not change or affect your agreement not to participate in or be a member of any class action or other representative action or proceeding against Vitäal Health. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

Arbitration Procedures

You and we agree that your use of and access to the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue.

The arbitrator must follow, to the extent applicable: (i) the substantive law of the State of California; (ii) the applicable statutes of limitations; and (iii) claims of privilege recognized at law. The arbitrator will not be bound by federal, state, or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association ("AAA"). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

If this is a consumer-purpose transaction, the applicable rules will be the AAA's Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879.

If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum.

Arbitration shall be conducted in the county and state where you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator's award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

Arbitration Costs

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA's Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys' fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

Except as required by law or as necessary to enforce an arbitration Award, any arbitration shall be confidential, and neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration without prior written consent of both parties. Any demand for arbitration must be made no later than the time set forth in the Limitation of Liability, found at Section 14 (Limitation of Liability).

Severability and Survival

If any part of this Section 17 (Mandatory Arbitration and Class Action and Jury Trial Waiver) is invalid, illegal, or unenforceable, the remaining parts will not be affected and will remain in full force and effect. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of and access to the Services, and any other actions with us.

Entire Agreement

These Terms (which hereby incorporate by reference any other provisions applicable to use of the Services, including our Privacy Policy and Telehealth Consent) constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications, agreements, representations, warranties, assurances, discussions, and proposals, whether oral, written, or electronic, between you and us with respect to the Services and information, software, products, and services associated with the Services.

Severability

If any term or provision in these Terms, or any Additional Terms, is for any reason deemed to be invalid, unlawful, void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then that provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the provision cannot be so modified, then the provision shall be deemed severable from these Terms or the Additional Terms, in its entirety and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect).

Survival

The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Injunctive Relief; MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER; and Other Terms.

Governing Law and Venue

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. Except as set forth in the agreement to arbitration and without waiving it, you agree that any dispute arising from or relating to the subject matter of these Terms (including but not limited to if you opt out of the agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and federal courts located in California.

Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may freely assign our obligations and rights under these Terms, including all personal information in our possession that we have collected during your use of the Services as further described in our Privacy Policy.

No Waiver

No failure, omission, or delay by Vitäal Health in exercising any rights, powers, or remedies under these Terms or any Additional Terms will preclude any other further exercise of that right, power, or remedy under these Terms. No waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by Vitäal Health.

Interpretation

To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word "including" is used in these Terms or any Additional Terms, the word will be deemed to mean "including, without limitation." Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

If you have any questions or comments about these Terms or the Services, please contact us:

Vitäal Health LLC
Email (General Support):
Email (Privacy Matters):

Mail:

Vitäal Health LLC
26023 Jefferson Avenue, Ste: D
Murrieta, CA 92562