Terms of Service

1. Agreement to Terms

By accessing or using any website, application, product, or service provided by Vitality, Inc., a Delaware C-Corporation (“Vitality,” “we,” “us,” or “our”), you (“you” or “Member”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you must not use our services.

These Terms constitute a legally binding agreement. You represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are accessing our services on behalf of an entity, you represent that you have authority to bind that entity.

2. Dietary Supplement Disclaimer (DSHEA Compliance)

Vitality products are dietary supplements regulated under the Dietary Supplement Health and Education Act of 1994 (DSHEA). They are not drugs. They are not intended to diagnose, treat, cure, or prevent any disease.

These statements have not been evaluated by the Food and Drug Administration. The information provided through our services — including genetic insights, ingredient rationale, and formula reports — is for educational and informational purposes only and does not constitute medical advice.

Our products are designed for general wellness optimization and nutrient support based on your genetic profile. They are not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider before starting any supplement, particularly if you have a medical condition, are taking prescription medication, are pregnant or nursing, or have a known genetic condition.

Vitality does not claim that any supplement will produce specific health outcomes. Individual results vary and are not guaranteed.

3. Testimonials and Endorsements (FTC Compliance)

Any testimonials, reviews, or endorsements displayed on our website or marketing materials reflect the individual experiences of specific members. They are not intended to represent or guarantee that anyone will achieve the same or similar results. Individual outcomes vary based on genetics, health status, lifestyle, and other factors.

Vitality complies with the Federal Trade Commission (FTC) Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255). Where endorsers have a material connection to Vitality — including but not limited to paid partnerships, free product, or equity interest — such relationships are disclosed in accordance with FTC guidelines.

4. Membership, Subscription, and Auto-Renewal Disclosures

IMPORTANT: THIS IS AN AUTOMATICALLY RENEWING SUBSCRIPTION.

The Vitality Membership is a recurring subscription priced at $249 per month with a 6-month minimum commitment, billed monthly to the payment method you provide at enrollment. Your membership includes a DNA test kit, genetic analysis, a custom-compounded supplement formula, and a 90-day supply of supplements shipped every three months.

Auto-renewal: After your initial 6-month commitment period, your subscription will automatically renew on a monthly basis at the then-current rate (currently $249/month, or $199/month if you elect the annual plan) unless you cancel before the next billing date. You will be charged on the same day of each month as your original enrollment date.

How to cancel: You may cancel your subscription at any time after the initial commitment period by emailing hello@vitalityformulas.co or through your account dashboard. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial billing periods.

State-specific auto-renewal disclosures: This disclosure is provided in compliance with the federal Restore Online Shoppers' Confidence Act (ROSCA), the California Automatic Renewal Law (Cal. Bus. & Prof. Code §17600 et seq.), Oregon Rev. Stat. §646A.295, and other applicable state automatic renewal laws. Before being charged, you will be presented with clear and conspicuous disclosure of the subscription terms and must affirmatively consent to the recurring charges.

Pricing changes: We will provide at least 30 days' advance written notice (via email to the address on your account) before any increase in subscription pricing takes effect. You may cancel before the price change takes effect.

5. Refunds and Returns

Because each formula is custom-manufactured for an individual Member, Vitality products are non-returnable and non-refundable once manufacturing has begun. However:

• If you are unsatisfied with your first shipment, you may contact us within 30 days of receipt to request a review of your formula or a partial credit toward your next order.
• If you received a damaged or incorrect product, contact us within 14 days and we will replace it at no additional cost.
• DNA kit refunds are available only if the kit has not been opened and is returned in original condition within 14 days of receipt.

Refund requests should be directed to hello@vitalityformulas.co.

6. DNA Testing Services

Your DNA sample is processed by our CLIA-certified, CAP-accredited diagnostic partner. Testing is performed solely for the purpose of generating your personalized supplement formula and delivering genetic insights through your member dashboard.

You represent and warrant that the DNA sample you provide is your own biological sample. Submitting another person's DNA without their informed consent is prohibited and may violate federal and state law.

Vitality does not provide clinical diagnostic testing, medical diagnoses, carrier screening, ancestry analysis, or genetic counseling. Our genetic analysis is limited to nutrient-related markers relevant to supplement formulation.

7. Acceptable Use

You agree not to:

• Use our services for any unlawful purpose or in violation of any applicable law
• Provide false, misleading, or fraudulent information, including submitting another person's DNA sample
• Attempt to reverse-engineer, decompile, or extract the logic of our proprietary algorithms or rules engine
• Scrape, crawl, or use automated means to access our services without written permission
• Interfere with or disrupt the integrity or performance of our services
• Resell, sublicense, or commercially exploit any aspect of our services

We reserve the right to suspend or terminate your account for violation of these terms without prior notice.

8. Account Termination

We may suspend or terminate your account and access to our services at our sole discretion, with or without notice, for conduct that we determine violates these Terms, is harmful to other Members, or is harmful to our business interests. Upon termination, your right to use our services ceases immediately.

You may request account deletion at any time by contacting hello@vitalityformulas.co. Account deletion will also trigger deletion of your genetic data in accordance with our Privacy Policy, unless retention is required by law.

9. Intellectual Property

All content, trademarks, service marks, logos, trade names, software, algorithms, data models, and proprietary methodologies — including our SNP-to-supplement rules engine, formula generation logic, and curated genetic panel — are the exclusive property of Vitality, Inc. and are protected by U.S. and international intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Vitality content or technology without our prior written consent. Your membership grants you a limited, non-exclusive, non-transferable, revocable license to access and use our services for personal, non-commercial purposes.

10. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Agreement to arbitrate: You and Vitality agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of our services (collectively, “Disputes”) will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, and not through litigation in any court, except as provided below.

Class action waiver: YOU AND VITALITY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Exceptions: Either party may bring an individual action in small claims court for Disputes within the court's jurisdiction. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

Opt-out: You may opt out of this arbitration agreement by sending written notice to hello@vitalityformulas.co within 30 days of first accepting these Terms. Your notice must include your full name, email address, and a clear statement that you wish to opt out of arbitration.

Arbitration process: The arbitration will be conducted in English. The seat of arbitration shall be Wilmington, Delaware, or may be conducted remotely by mutual agreement. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VITALITY, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, HEALTH OUTCOMES, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF (OR INABILITY TO USE) OUR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO VITALITY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Vitality, Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your submission of a DNA sample that is not your own.

13. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

For any Dispute not subject to arbitration (as described in Section 10), you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in New Castle County, Delaware.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the “Last updated” date at the top of this page and by sending notice to the email address associated with your account at least 30 days before material changes take effect. Your continued use of our services after the effective date of any changes constitutes your acceptance of the revised Terms.

16. Contact

If you have questions about these Terms of Service, please contact:

Vitality, Inc.
Attn: Legal
Austin, TX
Email: hello@vitalityformulas.co