Terms of use

1. Introduction

Welcome to Vitros, a health and wellness platform operated by Crow and Raven Inc. ("Vitros," "we," "our," or "us"). These Terms of Use ("Terms") constitute a legal agreement between you and Crow and Raven Inc., governing your access to and use of our website, mobile applications, and related services (collectively, the "Service").

By creating an account, accessing, or using any part of the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not use the Service.

Please read these Terms carefully, particularly Section 6 (Medical Disclaimer) and Section 11 (Limitation of Liability).

2. Eligibility and account requirements

To use the Service, you must:

• Be at least 18 years of age. If you are between 13 and 18 years old, you may only use the Service with parental or guardian consent and supervision
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable laws
• Reside in a jurisdiction where the Service is available

The Service is not intended for children under 13 years of age. We do not knowingly collect information from children under 13.

3. Description of Service

Vitros is a comprehensive health and wellness platform designed to help you track, analyze, and improve your overall wellbeing. The Service includes:

• Health tracking: Monitor various health metrics including activity, sleep, nutrition, and vital signs
• AI-powered insights: Receive personalized health recommendations and insights based on your data
• Journal and reflection: Document your wellness journey with mood tracking and journaling features
• Third-party integrations: Connect with popular health devices and applications (wearables, fitness apps, etc.)
• Progress analytics: Visualize your health trends and progress over time
• Educational content: Access wellness articles, tips, and resources

Important: The Service is intended for informational, educational, and self-improvement purposes only. It is not a medical device and should not be used as a substitute for professional medical advice, diagnosis, or treatment.

4. User accounts and responsibilities

4.1 Account creation

To access most features of the Service, you must create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and current
• Maintain the security and confidentiality of your password and account credentials
• Not share your account credentials with others or allow others to use your account
• Accept full responsibility for all activities that occur under your account
• Notify us immediately at support@vitros.app of any unauthorized use of your account or security breach

4.2 Account security

You are solely responsible for maintaining the security of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials. If you believe your account has been compromised, contact us immediately.

5. Acceptable use and prohibited conduct

You agree that you will not, and will not permit others to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe upon or violate the intellectual property rights or any other rights of others
• Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Attempt to gain unauthorized access to the Service, other user accounts, or computer systems or networks
• Interfere with, disrupt, or create an undue burden on the Service or networks connected to the Service
• Use any robot, spider, scraper, or other automated means to access the Service without our express written permission
• Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material
• Use the Service for any commercial purpose without our express written consent
• Collect or harvest any personal information from the Service or other users
• Violate the privacy rights of others or use the Service to spam, phish, or engage in other fraudulent activities
• Provide medical advice or represent yourself as a healthcare professional if you are not licensed to do so

Violation of these Terms may result in immediate suspension or termination of your account, and we may report illegal activities to law enforcement authorities.

7. Privacy and data protection

Your privacy is important to us. Our collection, use, storage, and sharing of your personal information is governed by our comprehensive Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you acknowledge that you have read and understood our Privacy Policy, and you consent to the data practices described therein. Key points:

• You retain ownership of your health and wellness data
• We do not sell your personal health information to third parties
• We use industry-standard encryption and security measures to protect your data
• You have the right to access, export, correct, and delete your data at any time
• California residents have additional privacy rights under CCPA/CPRA

For complete details about how we handle your information, please review our Privacy Policy.

8. Intellectual property rights

8.1 Our intellectual property

The Service and all of its content, features, functionality, software, code, design, text, graphics, logos, icons, images, and the selection and arrangement thereof (collectively, "Vitros Content") are owned by Crow and Raven Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

"Vitros," the Vitros logo, and other marks are trademarks of Crow and Raven Inc. You may not use these marks without our prior written permission.

8.2 Your data and content

You retain all ownership rights to your health data, journal entries, and other content you create or upload to the Service ("User Content"). However, by using the Service, you grant us a limited, non-exclusive, royalty-free, worldwide license to use, store, process, and display your User Content solely for the purpose of providing and improving the Service.

You represent and warrant that you own or have the necessary rights to all User Content you submit and that such content does not violate any third-party rights.

8.3 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Vitros Content, except as explicitly permitted by these Terms or with our prior written consent.

9. Subscriptions, payments, and billing

9.1 Subscription plans

Vitros offers various subscription plans with different features and pricing. When you subscribe to a paid plan, you agree to pay the subscription fees as described at the time of purchase. Current pricing and plan details are available on our pricing page.

9.2 Billing and payment

By providing payment information, you authorize us (and our third-party payment processor, Stripe) to charge your chosen payment method for all fees due. Payments are non-refundable except as expressly stated in these Terms or required by law.

• Automatic renewal: Subscriptions automatically renew at the end of each billing period (monthly or annual) unless you cancel before the renewal date
• Price changes: We may change subscription prices with at least 30 days' notice. Price changes will take effect at the start of your next billing period after the notice period
• Failed payments: If payment fails, we may suspend or terminate your access to paid features until payment is received
• Taxes: You are responsible for any applicable taxes, and we will charge tax when required to do so

9.3 Free trial

We may offer free trial periods for certain subscription plans. If you do not cancel before the trial period ends, you will be automatically charged for the subscription. You may only use one free trial per account.

9.4 Cancellation and refunds

You may cancel your subscription at any time through your account settings or by contacting support@vitros.app. Cancellation will take effect at the end of your current billing period, and you will retain access to paid features until that time.

Refund policy:

• Subscription fees are generally non-refundable
• If you cancel within 14 days of your initial purchase, you may be eligible for a prorated refund at our discretion
• No refunds will be provided for partial subscription periods or unused features
• Refund requests can be submitted to accounts@vitros.app

9.5 Downgrades

If you downgrade your subscription, the downgrade will take effect at the start of your next billing period. You will lose access to features not included in your new plan, but your data will be preserved.

10. Warranties and disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by applicable law, Crow and Raven Inc. disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranties concerning the availability, accuracy, reliability, or content of the Service
• Any warranties that the Service will be uninterrupted, error-free, or secure
• Any warranties that defects will be corrected

We do not warrant that the Service will meet your requirements or that the results obtained from use of the Service will be accurate or reliable. You use the Service at your own risk.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CROW AND RAVEN INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER.

This includes, but is not limited to:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• Damages resulting from your use or inability to use the Service
• Damages resulting from any unauthorized access to or use of our servers and/or any personal information stored therein
• Damages resulting from any errors, mistakes, or inaccuracies of content
• Personal injury or property damage resulting from your use of the Service
• Damages resulting from reliance on any health information, insights, or recommendations provided through the Service

Aggregate liability cap: In no event shall our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) $100 USD.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

12. Termination and suspension

12.1 Termination by you

You may terminate your account at any time by:

• Using the account deletion option in your account settings, or
• Contacting us at support@vitros.app

12.2 Termination by us

We may terminate or suspend your account and access to the Service immediately, with or without notice, for any reason, including but not limited to:

• Breach of these Terms
• Violation of applicable laws or regulations
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended period of inactivity
• At our sole discretion if we believe termination is necessary to protect us, other users, or third parties

12.3 Effect of termination

Upon termination:

• Your right to access and use the Service will immediately cease
• We may delete your account and data in accordance with our data retention policy
• You will remain liable for all fees and charges incurred prior to termination
• No refunds will be provided for any prepaid subscription fees (except as required by law)
• Sections of these Terms that by their nature should survive termination will continue to apply

12.4 Data export

Before terminating your account, we recommend exporting your data using the data export feature in your account settings. After account deletion, we cannot guarantee recovery of your data.

13. Indemnification

You agree to indemnify, defend, and hold harmless Crow and Raven Inc., its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content
• Any negligent or wrongful conduct by you

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

14. Governing law and jurisdiction

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Colorado and the United States, without regard to conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Boulder County, Colorado, and you irrevocably consent to the personal jurisdiction and venue of such courts.

15. Dispute resolution and arbitration

15.1 Informal resolution

Before filing a claim, you agree to contact us at hello@vitros.app to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 60 days.

15.2 Binding arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA).

• Arbitration will be conducted in Boulder County, Colorado
• The arbitrator's decision will be final and binding
• Each party will bear its own costs and fees
• You may opt out of arbitration by sending written notice to hello@vitros.app within 30 days of first accepting these Terms

15.3 Class action waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Miscellaneous provisions

16.1 Entire agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Crow and Raven Inc. regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Crow and Raven Inc.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

16.5 Force majeure

We will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, strikes, labor disputes, embargoes, government orders, or any other force majeure event.

17. Changes to these terms

We reserve the right to update, change, or replace any part of these Terms at our sole discretion. We will provide notice of material changes by:

• Posting the updated Terms on this page with a new "Effective Date"
• Sending an email notification to the address associated with your account
• Displaying a prominent notice in the Service

Your continued use of the Service after we post any modifications to the Terms will constitute your acknowledgment of the modifications and your consent to abide by the modified Terms.

It is your responsibility to check these Terms periodically for changes. If you do not agree to the modified Terms, you must stop using the Service.

For significant changes that materially affect your rights or obligations, we may require your explicit acceptance before you can continue using the Service.