Terms of Use

1. Acceptance of these Terms

By creating an account, completing our intake questionnaire, making a purchase or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility

You may use the Services only if you:

• are at least 18 years old;
• are located in, and receive shipments in, a U.S. state where we offer the relevant service at the time of your consultation and delivery;
• provide complete and truthful information about your identity and health; and
• are able to form a binding contract.

The Services are not available to anyone under 18. Availability of specific treatments varies by state.

3. Who does what: we are not a medical provider

Vytal & Co. is a technology and wellness company. We do not practice medicine or pharmacy, and we do not provide medical advice, diagnosis or treatment.

• Medical care is provided by independent physicians, nurse practitioners and other clinicians licensed in your state ("Providers"), through independent medical groups or telehealth networks we contract with. Providers use their own independent clinical judgment. We do not control or interfere with their medical decisions.
• Medications are dispensed by independent, state-licensed pharmacies ("Pharmacies").
• Vytal & Co. provides the platform, the app, coaching and educational content, customer support, and coordinates billing.

Completing our questionnaire or paying for a plan does not guarantee that a Provider will prescribe any medication. A Provider may decline to prescribe, may prescribe a different treatment, may require lab work or a live visit, or may stop or change your treatment at any time.

Your Provider or their medical group may ask you to accept additional documents, such as a telehealth informed consent and a Notice of Privacy Practices. Those documents govern your relationship with them.

4. Not for emergencies

The Services are not for emergencies. If you think you have a medical emergency, call 911 or go to the nearest emergency room. If you are in emotional distress or thinking about harming yourself, call or text 988 (Suicide & Crisis Lifeline).

5. Your responsibilities as a patient

You agree to:

• give complete and accurate medical history, medications, allergies and contact details, and update them when they change;
• tell your Provider about side effects, new conditions, pregnancy or plans to become pregnant;
• follow your Provider's instructions and the pharmacy label;
• use medication only for yourself, and never share, resell or transfer it;
• keep a primary care relationship for your overall care where possible.

You should not rely on the Services as your only source of medical care.

6. Medications, including compounded medications

Treatments may include FDA-approved branded medications or, where a Provider determines there is a clinical need, medications compounded by a licensed pharmacy for you.

Compounded medications are not FDA-approved. The FDA does not review compounded drugs for safety, effectiveness or quality before they are dispensed. Your Provider will discuss the risks, benefits and alternatives with you.

All medications carry risks and possible side effects. Individual results vary. We do not guarantee any particular result, including any amount of weight loss.

Medications are dispensed and shipped by the Pharmacy. Some medications must be refrigerated on arrival. Because of pharmacy laws and safety rules, dispensed medications cannot be returned or exchanged once shipped, except where required by law or where the Pharmacy made an error.

7. App, coaching and AI features

Our app includes digital tools and AI-powered guides (such as Coach, Nutrition, Wellbeing, Habits and Progress). These features:

• provide general wellness, fitness, nutrition and habit information only;
• are not medical advice and are not reviewed by a Provider in real time;
• may produce responses that are incomplete or inaccurate, including estimates of calories or nutrients from photos;
• do not replace therapy, counseling or care from a licensed professional.

Always check medical questions with your Provider. Our human coaches, nutrition and fitness professionals, where included in your plan, provide wellness support and do not diagnose or treat medical conditions.

Any program to reduce or stop medication ("graduation") happens only under the direction of your Provider.

8. Accounts and security

You are responsible for keeping your login details confidential and for all activity in your account. Tell us right away at hello@vytal-med.com if you suspect unauthorized access. One account per person.

9. Plans, pricing and payment

Prices, plan contents and billing cycles are shown at checkout and may differ by state and treatment. Unless stated otherwise, the price of your plan includes the platform, app and program services, and the Provider consultation and medication included in that plan.

By providing a payment method, you authorize us (and our payment processor, Stripe) to charge it for all amounts due, including applicable taxes. We may collect payment on behalf of Providers and Pharmacies and pay them their share.

We do not bill health insurance, Medicare or Medicaid. You are responsible for payment. On request we will provide an itemized receipt you may submit to your insurer, HSA or FSA; we do not guarantee reimbursement.

If a payment fails, we may retry the charge, pause shipments or suspend your plan until it is resolved.

10. Automatic renewal and cancellation

Your plan is a subscription that renews automatically until you cancel.

• Monthly plans renew and are charged every month.
• Prepaid multi-month plans (for example, 3-month or 12-month) are charged in full at the start of each term and renew for a term of the same length at the then-current price.
• Each renewal is charged to your payment method on file on the renewal date shown in your account, at the price disclosed at checkout unless we notify you of a change in advance.

We will send you a confirmation of these renewal terms after you subscribe. For prepaid plans of 6 months or longer, we will remind you by email before the renewal date as required by law. We will notify you before any price increase, and you may cancel before it takes effect.

How to cancel: you can cancel online at any time in your account or by emailing hello@vytal-med.com. Cancellation takes effect at the end of your current billing period, and you will not be charged again. You keep access until then.

Renewal of billing does not renew a prescription. Each prescription is subject to periodic review by your Provider, who may require a check-in before authorizing refills.

11. Refunds

• No prescription: if, after your initial consultation, your Provider determines a prescription treatment is not appropriate for you, we will refund the full amount you paid for that plan. No consultation fee is kept.
• Cancelling early: if you cancel before your Provider completes their review, we will refund the full amount. Once your Provider has issued a prescription, the charge for that billing period is non-refundable, even if you cancel before your medication ships. Cancelling stops all future charges.
• After shipment: dispensed medication cannot be returned (Section 6). Amounts already charged for a period that has started are non-refundable, except as required by law.
• Prepaid plans: cancelling a prepaid plan stops the next renewal.
• Damaged or incorrect orders: tell us within 7 days of delivery with a photo and we will work with the Pharmacy to replace it.

12. Shipping

Pharmacies ship only to addresses in eligible states. You must give an accurate address and be available to receive temperature-sensitive packages. Delivery times are estimates. Risk of loss passes to you on delivery to the address you provided. Contact us if your package is lost or arrives damaged.

13. Promotions, codes and referrals

Promotional codes and offers have the terms stated with them, cannot be exchanged for cash, cannot be combined unless stated, and may be ended at any time. Unless stated otherwise, only one discount applies per order. Our referral program is governed by the Referral Program Terms. Giveaways are governed by their Official Rules.

14. Communications, texts and calls

You agree to receive account, treatment and transactional messages from us, Providers and Pharmacies by email, text, push notification or phone at the contact details you give. You consent to receive these electronically, and agree they satisfy any legal requirement for written notice.

Marketing texts and calls: if you opt in, you agree to receive recurring marketing texts and calls, including by automated means or prerecorded or artificial voice, at the number you provide. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out of texts or HELP for help. You can unsubscribe from marketing emails using the link in each email.

15. Your content and acceptable use

If you post reviews, photos, stories or other content about us, publicly or in our community, you grant us a non-exclusive, royalty-free, worldwide license to use, display and share that content in connection with the Services, subject to any separate consent we ask you to sign for use of your image or testimonial in advertising. Do not post anyone else's health information.

You agree not to: misuse or resell medications; provide false information; access other users' accounts; copy, scrape or reverse-engineer the Services; upload malware; harass others; or use the Services in violation of any law. We may suspend or close accounts that break these rules.

The Services, including our brand, app, content and software, belong to us or our licensors. We grant you a limited, personal, non-transferable license to use them for their intended purpose.

16. Disclaimers and limitation of liability

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR THE MEDICAL JUDGMENT OF PROVIDERS OR THE DISPENSING ACTIVITIES OF PHARMACIES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR $100.

Some states do not allow some of these limits, so they may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

You agree to indemnify us against third-party claims arising from your breach of these Terms or misuse of the Services.

17. Dispute resolution and arbitration

Informal resolution first. Before starting a claim, send a written notice describing the dispute to legal@vytal-med.com. We will try to resolve it within 60 days.

Binding individual arbitration. Any dispute that is not resolved will be decided by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this section. The arbitration will take place in the county where you live or by video, unless we agree otherwise. We will pay the filing and arbitrator fees beyond what you would pay to file in court.

Exceptions. Either party may bring an individual claim in small claims court, or seek an injunction in court to protect intellectual property.

Class action waiver. You and we may bring claims only individually, not as a plaintiff or class member in any class, collective or representative proceeding.

Mass filings. If 25 or more similar arbitration demands are filed by the same or coordinated counsel, they will be administered in batches under the AAA's mass arbitration procedures.

Opt out. You can opt out of this arbitration agreement by emailing legal@vytal-med.com within 30 days of first accepting these Terms, with your name, email and a statement that you opt out.

18. Governing law

These Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law rules. For any matter not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts in Miami-Dade County, Florida.

19. App stores

If you download our app from the Apple App Store or Google Play, these Terms are between you and us, not Apple or Google. Apple and Google have no obligation to provide support or warranties for the app, and are third-party beneficiaries of these Terms with the right to enforce them against you. You will also comply with the app store's terms.

20. Changes, termination and general

We may update these Terms. If changes are material, we will notify you by email or in the app before they take effect. Continuing to use the Services after that means you accept the updated Terms.

You may close your account at any time. We may suspend or terminate the Services for violation of these Terms or where required by law or by a Provider's or Pharmacy's safety decision.

If any part of these Terms is unenforceable, the rest stays in effect. Our failure to enforce a term is not a waiver. You may not assign these Terms; we may assign them in connection with a merger or sale.

21. Contact

VYTAL MED HEALTH & WELLNESS CORP (Vytal & Co.), 8012 NW 68th St, Miami, FL 33166

Email: hello@vytal-med.com