Terms and Conditions

Last updated: April 6, 2025

Please read these Terms and Conditions ("Terms") carefully before using the BPM - Heart Rate Monitor mobile application (the "Service") operated by Vitality Tech LLC ("us", "we", or "our").

By accessing or using the Service, You agree to be bound by these Terms. If You do not agree with any part of the Terms, then You may not access the Service.

Interpretation and Definitions

Interpretation

The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural form.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.

Country refers to: Michigan, United States

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Vitality Technology LLC, located at 7454 Goldenrod Court, Michigan.

Device means any device that can access the Service, such as a smartphone or tablet.

Service refers to the BPM - Heart Rate Monitor mobile application and its related content, functionality, and services.

Terms and Conditions (also referred to as "Terms") means these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available through the Service.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These Terms and Conditions govern your use of the BPM - Heart Rate Monitor mobile application and form a legally binding agreement between You and Vitality Technology LLC.

These Terms outline the rights and responsibilities of all users regarding access to and use of the Service. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You do not agree with any part of these Terms, You may not access or use the Service.

You represent and warrant that You are at least 18 years old. The Service is not intended for individuals under the age of 18, and We do not knowingly permit anyone under 18 to use the Service.

Your use of the Service is also subject to Your acceptance of and compliance with Our Privacy Policy, which explains how We collect, use, and protect Your data. Please read our Privacy Policy carefully before using the App.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or operated by Vitality Technology LLC.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be held liable, directly or indirectly, for any damage or loss caused—or alleged to be caused—by or in connection with the use of or reliance on any such third-party content, products, or services.

We strongly recommend that You review the Terms and Conditions and Privacy Policies of any third-party websites or services You choose to visit.

Termination

We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. Any data stored locally on Your device will remain under Your control, and any anonymized data stored in our systems will be handled in accordance with our Privacy Policy.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Vitality Technology LLC, its affiliates, partners, licensors, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, damages for loss of profits, loss of data, business interruption, personal injury, or loss of privacy, arising out of or in any way related to:

Your use of or inability to use the BPM - Heart Rate Monitor app,

Any third-party software or services used with the App, or

Any provision of these Terms,

even if We or our suppliers have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.

Notwithstanding any damages that You might incur, the entire liability of Vitality Technology LLC and its suppliers under any provision of these Terms shall be limited to the greater of:

The amount actually paid by You through the Service, or

One hundred U.S. dollars (USD $100) if no purchase has been made.

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such cases, the above limitations shall apply to the maximum extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You on an "AS IS" and "AS AVAILABLE" basis, with all faults and defects, and without warranty of any kind. To the fullest extent permitted under applicable law, Vitality Technology LLC, on its own behalf and on behalf of its affiliates, licensors, and service providers, expressly disclaims all warranties—whether express, implied, statutory, or otherwise—regarding the Service. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties that may arise from usage of trade, course of dealing, or course of performance.

Without limiting the foregoing, the Company makes no representation or warranty that:

The Service will meet Your requirements;

The Service will achieve any intended results;

The Service will be compatible or function with any other software, applications, systems, or services;

The Service will operate without interruption or be error-free; or

Any defects or errors will be corrected.

Furthermore, neither the Company nor its providers make any guarantees regarding:

The availability, accuracy, reliability, or currency of the Service or any content included within it;

That the Service will be uninterrupted or free of errors;

That the Service, its servers, or any communications sent from the Company will be free of viruses, malware, or other harmful components.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of statutory rights of consumers. If those laws apply to You, some or all of the above disclaimers may not apply. In such cases, these exclusions and limitations will apply to the maximum extent permitted by applicable law.

Governing Law

These Terms and Your use of the BPM - Heart Rate Monitor Service shall be governed by and construed in accordance with the laws of the State of Michigan, United States, excluding its conflict of law principles. Your use of the Application may also be subject to other local, state, national, or international laws, depending on your jurisdiction.

Disputes Resolution

If You have any questions, concerns, or disputes regarding the Service, You agree to first attempt to resolve the matter informally by contacting Vitality Technology LLC directly. We aim to address and resolve issues promptly and in good faith before any formal legal action is initiated.

For European Union (EU) Users

If You are a resident of the European Union, You are entitled to any mandatory protections afforded to You by the laws of your country of residence. Nothing in these Terms shall affect Your statutory rights under applicable consumer law.

United States Legal Compliance

By using the Service, You represent and warrant that:

You are not located in a country that is subject to a United States government embargo, or designated by the U.S. government as a "terrorist-supporting" country; and

You are not listed on any U.S. government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision shall be modified and interpreted in a manner that best fulfills the intent of the original provision to the maximum extent permitted. All remaining provisions of these Terms shall remain valid and enforceable in full force and effect.

Waiver

Except as expressly stated in these Terms, the failure of either party to exercise any right or to enforce the performance of any obligation under these Terms shall not constitute a waiver of that right or obligation. Any waiver of a breach shall not be interpreted as a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated for your convenience. In the event of any dispute or inconsistency between the translated version and the original English version, the English version shall prevail.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to the new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use the Service after those changes become effective, You agree to be bound by the revised Terms. If You do not agree to the new terms, in whole or in part, please stop using the App and the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

By email: contact@vitalitytechnologyllc.com

By mail: Vitality Technology LLC, 7454 Goldenrod Court, Michigan, USA