Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to VitOptics. The terms “we,” “us,” and “our” refer to VitOptics. VitOptics operates this website and online store, including all related information, content, features, tools, products, quiz experiences, recommendations, and services offered through the site (collectively, the “Services”). VitOptics is powered by Shopify, which enables us to provide the online store and related Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you access or use the Services.

Please read these Terms of Service carefully. They include important information about your legal rights, warranty disclaimers, limitations of liability, and your responsibilities when using VitOptics.

By visiting, interacting with, submitting information through, purchasing from, or otherwise using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.

SECTION 1 - ACCESS, ELIGIBILITY, AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your state, province, or country of residence. You may not use the Services on behalf of a minor unless you are the minor’s parent or legal guardian and are responsible for the minor’s use of the Services.

To use certain Services, including submitting a quiz, receiving a recommendation, creating an account, or purchasing products, you may be asked to provide information such as your name, email address, billing information, shipping information, payment information, health goals, lifestyle information, current supplements, medications, diet, reported lab information, and other information relevant to your VitOptics profile.

You represent and warrant that all information you provide is accurate, current, complete, and submitted by you voluntarily. You are responsible for keeping your account credentials secure and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - QUIZ, PROFILE INFORMATION, AND RECOMMENDATIONS

VitOptics may provide a quiz or questionnaire intended to help us understand your goals, lifestyle, current supplements, medications, health history, reported lab information, diet, and preferences.

Any recommendation, suggested pouch, suggested supplement pack, timing suggestion, or related explanation provided by VitOptics is for informational and educational purposes only. VitOptics does not provide medical advice, diagnosis, treatment, or prevention of any disease or medical condition.

VitOptics recommendations are based on the information you provide, our available formulary, our internal evaluation process, and other available information at the time of review. Recommendations may be incomplete or inaccurate if the information you provide is incomplete, inaccurate, outdated, or omitted.

You are responsible for reviewing any recommendation with your physician, pharmacist, or other qualified healthcare professional before starting, stopping, or changing any supplement, especially if you are pregnant, nursing, taking medication, planning surgery, managing a medical condition, have allergies, or have been advised to avoid certain ingredients.

VitOptics may decline to provide a recommendation, recommend that you consult a healthcare professional, exclude certain ingredients, or refuse an order if we believe additional review is appropriate.

SECTION 3 - SUPPLEMENT AND HEALTH DISCLAIMER

Products offered by VitOptics are dietary supplements. They are not intended to diagnose, treat, cure, or prevent any disease.

Statements made on the VitOptics website, in quiz results, in recommendation explanations, in emails, or in other materials have not been evaluated by the Food and Drug Administration unless specifically stated otherwise.

VitOptics does not guarantee any specific result from using any supplement, pouch, pack, recommendation, routine, or product. Individual results may vary.

You should not use the Services as a substitute for medical advice from a qualified healthcare professional. If you have a medical emergency, call emergency services immediately.

SECTION 4 - OUR PRODUCTS

We make reasonable efforts to describe our products and Services accurately. However, product descriptions, images, packaging, capsule appearance, ingredient lists, formula availability, pack configuration, and other details may change from time to time.

Product appearance, packaging, and colors may differ from how they appear on your device due to screen settings, photography, production changes, or fulfillment variations.

All product descriptions, formula availability, pricing, and Services are subject to change at any time without notice. We reserve the right to discontinue, modify, substitute, or limit the availability of any product, formula, ingredient, pouch, subscription, or Service at our discretion.

SECTION 5 - ORDERS

When you place an order, you are making an offer to purchase. VitOptics reserves the right to accept, decline, modify, or cancel your order for any reason, including but not limited to product availability, formulation concerns, safety concerns, suspected fraud, payment issues, shipping limitations, pricing errors, or information that suggests a product may not be appropriate.

Your order is not accepted until VitOptics confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Because personalized packs may be custom-prepared, we may be unable to accommodate cancellation or change requests after an order is accepted or sent to production.

If we do not accept an order, make a change to an order, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time the order was submitted.

Your purchases are subject to our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, redistribution, export, or use in any business or clinical setting.

SECTION 6 - SUBSCRIPTIONS AND RECURRING ORDERS

VitOptics may offer subscription products or recurring orders. If you purchase a subscription, you authorize us and our payment processors to charge your selected payment method on a recurring basis at the price, frequency, and terms disclosed at checkout or in the subscription offer.

Subscription pricing, billing frequency, renewal dates, cancellation terms, and modification options will be provided at checkout or in your subscription account settings, where applicable.

You are responsible for keeping your billing, shipping, and contact information current. If your payment method fails, we may attempt to process the payment again, contact you for updated information, pause the subscription, or cancel the subscription.

If your health status, medications, supplement use, allergies, lab results, goals, or other relevant information changes, you are responsible for notifying VitOptics or updating your profile before continuing a subscription.

Cancellation, refund, and change requests for subscriptions are subject to our Refund Policy and any subscription terms presented at checkout.

SECTION 7 - PRICES AND BILLING

Prices, discounts, shipping charges, taxes, subscription terms, and promotions are subject to change without notice. The price charged for a product or Service will be the price in effect at the time the order is placed and will be shown in your order confirmation or checkout flow.

Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, import charges, or other applicable fees.

We may offer promotions from time to time. Promotions may be governed by additional terms and may be modified or discontinued at any time. If promotion terms conflict with these Terms, the promotion terms will govern for that promotion.

You agree to provide current, complete, and accurate purchase, payment, billing, shipping, and account information for all purchases. You agree to promptly update your information so that we can complete transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct, and complete; that you are authorized to use the selected payment method; that charges incurred by you will be honored by your payment provider; and that you will pay all charges incurred at the posted prices, including shipping, handling, and applicable taxes.

SECTION 8 - SHIPPING, DELIVERY, AND FULFILLMENT

We may use third-party fulfillment, manufacturing, logistics, or shipping partners to prepare and deliver products, including personalized supplement packs.

Shipping and delivery dates are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, fulfillment partners, customs processing, weather, labor issues, supply shortages, incorrect shipping information, or events outside our control.

Once products are transferred to a shipping carrier, title and risk of loss pass to you to the extent permitted by law.

You are responsible for providing a correct and deliverable shipping address. We are not responsible for orders delayed, lost, returned, or undeliverable because of inaccurate or incomplete shipping information.

SECTION 9 - RETURNS, REFUNDS, AND CHANGES

Returns, refunds, exchanges, cancellations, subscription changes, and replacement requests are governed by our Refund Policy.

Because certain VitOptics products may be personalized, custom-prepared, ingestible, or sealed for safety and quality reasons, some products may not be eligible for return once prepared, shipped, opened, or delivered, except as required by law or stated in our Refund Policy.

If you believe your order is incorrect, damaged, defective, or missing items, contact us promptly at support@vitoptics.com.

SECTION 10 - INTELLECTUAL PROPERTY

The Services, including but not limited to all trademarks, logos, brand names, text, displays, images, graphics, designs, product information, quiz content, recommendation formats, scoring logic, videos, audio, page layouts, and the selection and arrangement of them, are owned by VitOptics, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, scrape, copy, or exploit any material from the Services without our prior written consent.

Nothing in these Terms grants any license or other rights to you under any patent, trademark, copyright, trade secret, or other intellectual property of VitOptics, Shopify, or any third party, except as expressly stated.

VitOptics names, logos, product names, service names, designs, and slogans are trademarks of VitOptics or its affiliates or licensors. You may not use them without our prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other trademarks are the property of their respective owners.

SECTION 11 - OPTIONAL AND THIRD-PARTY TOOLS

We may provide access to third-party tools, apps, embedded forms, quiz tools, payment processors, subscription tools, analytics tools, fulfillment tools, or other third-party services. We do not control all third-party tools and are not responsible for their content, performance, availability, security, or practices.

You acknowledge and agree that access to third-party tools may be provided “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement.

Your use of third-party tools is at your own risk and may be subject to separate third-party terms and privacy policies.

We may offer new features, tools, or resources through the Services in the future. Such features will also be deemed part of the Services and subject to these Terms.

SECTION 12 - THIRD-PARTY LINKS

The Services may contain links to websites, materials, services, apps, or resources provided or operated by third parties. We are not responsible for examining, evaluating, or verifying the content, accuracy, policies, safety, or practices of third-party materials or websites.

If you access third-party websites or services, you do so at your own risk. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

SECTION 13 - RELATIONSHIP WITH SHOPIFY

VitOptics is powered by Shopify, which enables us to provide the online store and related Services. However, any sales and purchases you make through our store are made directly with VitOptics.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and VitOptics, including any injury, damage, or loss resulting from purchased products or Services. You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with VitOptics.

SECTION 14 - PRIVACY POLICY

Personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and other third-party service providers, including providers that may be located in countries other than where you reside.

Please review our Privacy Policy for more information about how we, Shopify, and our service providers collect, use, disclose, and protect personal information.

SECTION 15 - FEEDBACK, REVIEWS, AND SUBMISSIONS

If you submit, upload, post, email, or otherwise provide ideas, suggestions, reviews, testimonials, feedback, proposals, plans, photos, comments, or other content to us, you grant VitOptics a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and create derivative works from that content for any lawful purpose, including operating, improving, marketing, and promoting the Services.

You represent and warrant that you own or have all necessary rights to the content you submit, that your content is accurate and not misleading, and that your content does not violate the rights of any third party or any applicable law.

We may, but are not obligated to, monitor, edit, or remove content that we determine in our discretion is unlawful, offensive, misleading, infringing, harmful, or otherwise objectionable.

You may not use a false email address, impersonate another person, or mislead us or others about the origin of any submission. You are solely responsible for your submissions and their accuracy.

SECTION 16 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or through the Services may contain typographical errors, inaccuracies, or omissions, including errors related to product descriptions, ingredients, formulas, pricing, promotions, shipping charges, transit times, availability, recommendations, or other content.

We reserve the right to correct any errors, inaccuracies, or omissions and to change, update, modify, or cancel orders if any information is inaccurate at any time, including after you have submitted an order.

SECTION 17 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not use the Services, directly or indirectly:

(a) for any unlawful, fraudulent, abusive, or malicious purpose;
(b) to violate any federal, state, local, international, or other applicable law or regulation;
(c) to infringe or violate our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person;
(e) to submit false, misleading, incomplete, or deceptive information;
(f) to transmit viruses, malware, or other harmful code;
(g) to send spam, phishing attempts, or unauthorized advertising;
(h) to impersonate any person or entity;
(i) to interfere with or disrupt the operation or security of the Services;
(j) to scrape, harvest, copy, extract, or collect data from the Services without our written permission;
(k) to reverse engineer, bypass, or circumvent any technical or security measure;
(l) to use the Services for commercial resale or redistribution without authorization; or
(m) to engage in any conduct that restricts or inhibits anyone’s use of the Services or may harm VitOptics, Shopify, or users of the Services.

We reserve the right to suspend, disable, or terminate your access to the Services at any time if we determine that you have violated these Terms.

SECTION 18 - AUTOMATED ACCESS AND AGENTS

You may not use bots, crawlers, scrapers, automated tools, autonomous agents, semi-autonomous agents, or similar technologies to access, use, interact with, extract data from, or place orders through the Services without our prior written permission.

Any authorized automated access must comply with all instructions we provide and must not conceal or misrepresent the automated nature of the access.

We may block, limit, or restrict automated access at any time.

SECTION 19 - TERMINATION

We may terminate these Terms or your access to the Services, in whole or in part, at any time and without notice if we believe you have violated these Terms, created risk for VitOptics or others, provided false information, misused the Services, or engaged in unlawful or harmful conduct.

You will remain liable for all amounts due up to and including the date of termination.

The sections of these Terms that by their nature should survive termination will continue to apply, including sections relating to intellectual property, feedback, privacy, disclaimers, limitation of liability, indemnification, governing law, and dispute-related provisions.

SECTION 20 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, usefulness, safety, suitability, or reliability of any information, recommendation, quiz result, product description, or other content.

Your use of the Services, reliance on any information, and use of any product are at your own risk.

Except as expressly stated by VitOptics, the Services and all products offered through the Services are provided “as is” and “as available,” without any representation, warranty, or condition of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, accurate, or error-free.

Some jurisdictions limit or do not allow the disclaimer of implied warranties, so some of the above disclaimers may not apply to you.

SECTION 21 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, VitOptics, Shopify, and our respective partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and suppliers will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, consequential, or similar damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from or related to:

(a) your use of or inability to use the Services;
(b) your use of any product purchased through the Services;
(c) your reliance on any recommendation, quiz result, explanation, or content;
(d) errors or omissions in any content;
(e) delays, interruptions, or security issues;
(f) third-party services, tools, apps, or fulfillment providers; or
(g) any other claim related to your use of the Services or any product.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some limitations may not apply to you.

SECTION 22 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless VitOptics, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, suppliers, and service providers from and against any losses, damages, liabilities, claims, demands, costs, or expenses, including reasonable attorneys’ fees, arising out of or related to:

(a) your breach of these Terms or any policy incorporated by reference;
(b) your violation of any law or the rights of a third party;
(c) your access to or use of the Services;
(d) information you submit through the Services;
(e) your misuse of any product; or
(f) your negligent, fraudulent, or unlawful conduct.

We may assume the defense and control of any matter subject to indemnification, and you agree to cooperate with us in defending such claims.

SECTION 23 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. The remaining provisions will remain in full force and effect.

SECTION 24 - WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on the site or related to the Services, constitute the entire agreement and understanding between you and VitOptics and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written.

Any ambiguities in these Terms will not be construed against the drafting party.

SECTION 25 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any rights or obligations under them without our prior written consent. Any attempted assignment without consent is void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 26 - GOVERNING LAW

These Terms of Service and any separate agreements by which we provide the Services will be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles, unless otherwise required by applicable law.

You and VitOptics consent to the jurisdiction and venue of the state and federal courts located in Florida for disputes arising from or related to these Terms or the Services, except where prohibited by applicable law.

SECTION 27 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 28 - CHANGES TO THESE TERMS

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

If required by applicable law, we will provide notice of material changes. Your continued use of or access to the Services after changes are posted constitutes acceptance of those changes.

SECTION 29 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

VitOptics
Email: support@vitoptics.com