Vitality Terms of Service

These Terms of Service govern your use of the website located at https://www.vitality.dev and any related services provided by Happy Valley IO.

By accessing https://www.vitality.dev, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Happy Valley IO.

We, Happy Valley IO, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 9 March 2023.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
2. remove any copyright or other proprietary notations from any materials and software on this website;
3. transfer the materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Happy Valley IO provides;
5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use this website or its associated services in violation of any applicable laws or regulations;
7. use this website in conjunction with sending unauthorized advertising or spam;
8. harvest, collect, or gather user data without the user’s consent; or
9. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Payment, refunds, upgrading and downgrading terms

For our free trial, we explain the length of trial when you sign up. We do not ask you for your credit card and — just like for customers who pay for our services — we do not sell your data. After the trial period, you need to pay in advance to keep using the service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for 60 days, we will queue it up for auto-cancellation.

If you are upgrading from a free trial to a paid plan, we will charge you immediately and your billing cycle starts on the day of upgrade.

Paying customers are billed automatically via credit card or PayPal depending on their preference.

The number of pageviews purchased in the paid plan must be used during the applicable term and any unused pageviews at the end of the term are forfeited.

You will never be charged extra for an occasional traffic spike. There are no surprise fees and your card will never be charged unexpectedly. In the event the usage of pageviews exceeds the paid plan you selected for two consecutive months, we will contact you to upgrade to a higher plan for the following month. You will have two weeks to make a decision. You can decide to continue with a higher plan or to cancel your account at that point.

You can upgrade or downgrade in plan level at any time within your account settings. Downgrading your plan may cause the loss of features or capacity of your account. Vitality does not accept any liability for such loss.

Our payment process is conducted by our payment processor Paddle. Paddle provides customer service inquiries and handles returns. All fees are inclusive of all taxes, levies, or duties imposed by taxing authorities. Paddle will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities. See Paddle’s Terms of Use for details.

Fees paid hereunder are non-refundable.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Happy Valley IO and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Happy Valley IO at any time.

Liability

Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Happy Valley IO makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Happy Valley IO or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Happy Valley IO or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Happy Valley IO does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

Happy Valley IO has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Happy Valley IO of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of United Kingdom. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.