Effective date: May 30, 2026 · Version 1.0
These Terms of Service ("Terms") govern your use of the VITALUS mobile application and the website vitalus.health (together, the "Service"), operated by [Your Full Name], [Street and Number], [Postal Code and City], Germany ("we", "us", "our"). By creating an account or otherwise using the Service, you ("you", "user") agree to be bound by these Terms. If you do not agree, you must not use the Service.
VITALUS is a personal life-tracking application that lets you log and visualise habits, tasks, calories, sleep, hydration, workouts, finances, weight, mood and journal entries, and includes an optional AI assistant named Vick that generates informational insights based on data you provide. The Service is intended for personal, non-commercial use only.
You must be at least 16 years old to use the Service. By creating an account you represent and warrant that you are 16 or older and have the legal capacity to enter into these Terms. If we learn that a user is under 16, we will suspend the account and delete the associated data.
You are responsible for safeguarding your login credentials and for all activity under your account. You agree to provide accurate information, to keep it up to date, and to notify us promptly at vitalus.app@proton.me if you suspect unauthorised access. One person may not maintain multiple accounts to circumvent free-tier limits.
The free tier includes up to 3 habits, 5 tasks, 7-day history and core tracking. The Premium tier (€4.99 per month or €39.99 per year) unlocks unlimited habits and tasks, full history, advanced Vick conversations, weekly summaries, pattern recognition, data export and proactive insights. Feature definitions may evolve; we will not remove a material paid feature during a billing period you have already paid for.
Premium is sold through Google Play Billing, and Google acts as merchant of record. Subscriptions renew automatically at the end of each billing period unless cancelled at least 24 hours before renewal, in line with Google Play's rules. You manage and cancel your subscription in the Google Play app; cancellation takes effect at the end of the current paid period, and you retain Premium access until then. Refunds are handled according to Google Play's refund policy and applicable mandatory consumer law. We do not store or process your payment-card details.
We may change Premium pricing with at least 30 days' prior notice. Price changes do not affect the period you have already paid for, and continued use after a price change takes effect constitutes acceptance of the new price.
If you are a consumer in the EU, you normally have a 14-day right of withdrawal for distance contracts. For paid digital content and services supplied immediately, you expressly agree that performance begins immediately upon purchase and you acknowledge that you thereby lose your right of withdrawal once performance has begun, in accordance with § 356(5) of the German Civil Code (BGB) and Directive 2011/83/EU. This does not limit any statutory warranty rights or rights granted by Google Play.
Do not use VITALUS for medical diagnosis or treatment, for managing a medical condition or diet, for mental-health treatment, for investment or financial-planning decisions, or in any emergency. Always consult a qualified professional, such as a physician, registered dietitian, licensed therapist, or certified financial adviser, before making decisions affecting your health, wellbeing, or finances. We make no representation that use of the Service will produce any particular result, including weight change, improved health, better sleep, or financial saving.
Vick is an automated AI assistant. Its responses are generated by a machine-learning system and may be inaccurate, incomplete, or unsuitable for your circumstances. Vick has no medical, psychological, or financial qualification. You acknowledge that you use Vick's outputs at your own discretion and risk, and that we are not liable for any action taken in reliance on them.
The insights the Service produces depend entirely on the data you enter. Inaccurate, incomplete, or inconsistent inputs will produce inaccurate outputs. You are responsible for the data you record, and you accept that calculated figures (such as estimated calorie targets) are approximations based on general formulas, not individualised professional assessments.
You agree not to:
You retain all rights to the content you create in VITALUS, including tracked data and journal entries ("Your Content"). We claim no ownership of Your Content. You grant us only the limited, non-exclusive licence necessary to store, process, and display Your Content back to you for the purpose of operating the Service. We do not use Your Content for advertising or to train AI models. You are solely responsible for Your Content and confirm you have the right to store it.
The VITALUS name, the "Vick" character and name, the VITALUS logo, the tagline "A Ledger for Living", and all software, design, text, and graphics of the Service are owned by the operator and protected by intellectual-property law. Except for the limited right to use the Service under these Terms, no licence to our intellectual property is granted to you. You may not use our trademarks or branding without prior written consent.
The Service relies on third-party providers (including Google Play, Supabase, and Anthropic). Your use of those services may be subject to their own terms. We are not responsible for the acts, omissions, or content of third parties, and references to third-party services do not constitute endorsement.
We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any feature at any time. Features labelled "beta", "preview", or similar are provided for evaluation, may be unstable, and may be changed or withdrawn without liability. The interactive web preview is a demonstration only and does not persistently store data.
To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. Some mandatory statutory warranty rights for consumers cannot be excluded and remain unaffected.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, for intentional misconduct or gross negligence, or for any liability that cannot be excluded under applicable mandatory law (including the German Product Liability Act).
Subject to the foregoing, to the maximum extent permitted by law:
To the extent permitted by law, you agree to indemnify and hold us harmless from any third-party claims, damages, losses, liabilities, and reasonable expenses (including legal fees) arising out of your unlawful use of the Service, your breach of these Terms, or your violation of the rights of any third party.
You may stop using the Service and delete your account at any time in the app (Settings → Delete account). We may suspend or terminate your access if you materially breach these Terms, if required by law, or if continued provision becomes commercially unreasonable, giving you reasonable notice where practicable. Upon termination, the provisions that by their nature should survive (including sections 12, 13, 16, 17, 18, 22 and 23) will survive. Your data will be handled as set out in the Privacy Policy.
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, outages of internet or hosting infrastructure, failures of third-party providers, power failures, governmental actions, or labour disputes.
We may amend these Terms to reflect changes in the Service or the law. We will give notice of material changes in the app or by email at least 30 days before they take effect. If you do not agree to the updated Terms, you may terminate your account before they take effect; continued use afterwards constitutes acceptance.
These Terms are governed by the law of the Federal Republic of Germany, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence. The place of jurisdiction, to the extent legally permissible, is Essen, Germany; mandatory consumer jurisdiction rules remain unaffected, so as a consumer you may also bring proceedings in the courts of your residence.
The European Commission provides an Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. Our contact email for such matters is vitalus.app@proton.me. We are neither obliged nor generally willing to participate in dispute-resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle), but will indicate otherwise where legally required.
Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be replaced by a valid one that most closely reflects its intent.
No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
Assignment. You may not assign these Terms without our consent. We may assign them to a successor in connection with a merger, acquisition, or sale of assets, with notice to you.
Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.
Language. These Terms are provided in English. Where a translation is provided and conflicts arise, the English version prevails to the extent permitted by law.
Questions about these Terms can be sent to vitalus.app@proton.me, or by post to: [Your Full Name], [Street and Number], [Postal Code and City], Germany.