Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Vital Health International, LLC ("Vital Health," "VH," "Company," "we," "us," or "our") governing your access to and use of the VH Scanner mobile application ("App"), website, and all related services (collectively, the "Services").

1.1 Eligibility

You must be at least 13 years of age to create an account and use VH Scanner. Users between the ages of 13 and 17 must have the consent of a parent or legal guardian, who must agree to these Terms on the minor's behalf. By using the Services, you represent and warrant that you meet these eligibility requirements.

1.2 Capacity to Contract

By accepting these Terms, you represent that you have the legal capacity to enter into a binding contract in your jurisdiction. If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

1.3 Entire Agreement

These Terms, together with the Privacy Policy and any supplemental terms presented within the App, constitute the entire agreement between you and Vital Health regarding your use of the Services. These Terms supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written, oral, or implied.

VH Scanner is a free biometric health scanning application that uses remote photoplethysmography (rPPG), computer vision, and artificial intelligence algorithms to capture and analyze physiological signals from your device's camera and sensors. The App generates estimated wellness indicators including, but not limited to, heart rate, blood pressure, blood oxygen saturation, stress levels, and other derived biomarkers.

2.1 Service Features

• Biometric scanning — camera-based vital sign estimation using rPPG and AI algorithms
• Wellness indicators — derived health markers spanning cardiovascular, respiratory, metabolic, dermatological, neurological, and general wellness categories
• Trend tracking — longitudinal analysis of your scan results over time
• Multi-profile support — ability to create profiles for family members or other individuals (with their consent)
• Product recommendations — personalized supplement and wellness product suggestions based on scan results
• Referral program — ability to refer others and participate in the VH referral network

2.2 Technology Limitations

The accuracy and reliability of VH Scanner results depend on numerous factors, including but not limited to:

• Lighting conditions — inadequate or uneven lighting can significantly affect rPPG signal quality
• Skin tone — melanin levels affect optical signal absorption; while the App calibrates for skin tone, accuracy may vary
• Motion and stability — user movement during scanning introduces artifacts that degrade signal quality
• Camera quality — device camera resolution, frame rate, and sensor quality affect measurement precision
• Environmental factors — ambient light fluctuations, temperature, and other conditions impact results
• Physiological variability — individual differences in anatomy, skin thickness, and vascular structure affect readings

2.3 Service Availability

VH Scanner is provided as a free service. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We do not guarantee uninterrupted or error-free operation of the App. We are not liable for any modification, suspension, or discontinuation of the Services.

3.1 Account Creation

To use the full features of VH Scanner, you must create an account by providing accurate and complete registration information, including your name, email address, date of birth, and a secure password. You agree to:

• Provide truthful, accurate, current, and complete information during registration and when updating your profile
• Maintain and promptly update your account information to keep it accurate and current
• Not create more than one account per person — duplicate accounts may be terminated without notice
• Not use another person's account or allow others to use your account

3.2 Account Security

You are solely responsible for maintaining the confidentiality and security of your account credentials. You agree to:

• Keep your password confidential and not share it with any third party
• Use a strong, unique password that you do not use for other services
• Notify Vital Health immediately at legal@vitalhealthglobal.com if you suspect unauthorized access to your account
• Accept responsibility for all activities that occur under your account, whether or not authorized by you

3.3 Multi-Profile Feature

VH Scanner allows you to create additional profiles within your account to scan other individuals (e.g., family members, dependents). When using the multi-profile feature:

• You must obtain the informed consent of any individual before scanning them or creating a profile on their behalf
• For minors aged 13–17, you must be the minor's parent or legal guardian
• You may not create profiles for children under the age of 13 without verifiable parental consent in compliance with COPPA
• You are responsible for ensuring that all data entered into multi-profiles is accurate
• The scanned individual retains all data rights (access, deletion, export) as described in our Privacy Policy

4.1 Not Medical Advice

All information provided by VH Scanner, including but not limited to scan results, wellness indicators, health scores, trend data, risk assessments, and product recommendations, is for informational and general wellness purposes only. This information:

• Does NOT constitute medical advice, clinical guidance, or a professional health recommendation
• Does NOT replace the advice, diagnosis, or treatment provided by a licensed physician, nurse practitioner, or other qualified healthcare professional
• Does NOT establish a doctor-patient relationship between you and Vital Health International, LLC
• Should NEVER be used as the sole basis for making medical decisions, starting or stopping medications, or altering a prescribed treatment plan

4.1a Generic Guidance — Not Diagnostic or Curative

Vital Health International, LLC, together with all of its partners, affiliates, technology providers, software developers, contractors, consultants, data processors, API providers, AI/ML model providers, content contributors, and any other third parties who participated in the design, development, testing, deployment, or operation of VH Scanner (collectively, the “Protected Parties”), are fully exonerated from any and all liability arising from a user’s interpretation of App results as medical advice, diagnosis, or treatment. By using VH Scanner, you acknowledge that:

• The App provides generic health guidance, not individualized medical recommendations
• No Protected Party has represented that VH Scanner can diagnose, cure, treat, or prevent any disease or condition
• You assume sole responsibility for any decisions you make based on information provided by the App
• No Protected Party shall be held liable for adverse outcomes resulting from reliance on VH Scanner results

4.2 Not a Diagnosis

VH Scanner results are statistical estimates based on emerging rPPG and AI technology. They are not clinical diagnoses. The App may indicate risk levels, scores, or flags that suggest potential areas of concern, but these are:

• Approximations — not precise clinical measurements validated against laboratory or hospital-grade instruments
• Algorithm-derived — generated by machine learning models that have inherent limitations, biases, and error margins
• Context-dependent — accuracy varies significantly based on lighting, skin tone, motion, camera quality, and user compliance with scan instructions
• Non-deterministic — the same individual scanned under slightly different conditions may receive different results

4.3 Not FDA-Evaluated

VH Scanner has not been evaluated, cleared, approved, or authorized by the U.S. Food and Drug Administration (FDA) under any regulatory pathway, including but not limited to 510(k) clearance, De Novo classification, or Premarket Approval (PMA). The App is categorized as a general wellness product under FDA guidance and is not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease.

4.4 Consult Your Healthcare Provider

• If you have a known medical condition, continue following your healthcare provider's guidance regardless of what VH Scanner reports
• If you are pregnant, nursing, or planning to become pregnant, consult your healthcare provider before relying on any VH Scanner results
• If you are taking prescription medications, do not alter your dosage or treatment based on VH Scanner results
• If you notice a significant discrepancy between VH Scanner results and how you feel, trust your body and consult a medical professional

4.5 Emergency Situations

4.6 Accuracy Limitations

You acknowledge and accept that VH Scanner results may be inaccurate, incomplete, or misleading due to factors beyond the Company's control. Vital Health makes no representation or warranty, express or implied, regarding the accuracy, reliability, completeness, or timeliness of any health data, wellness indicator, or result provided by the App.

VH Scanner collects, captures, and processes biometric identifiers and biometric information as defined by the Illinois Biometric Information Privacy Act (740 ILCS 14) ("BIPA"), the Texas Capture or Use of Biometric Identifier Act, the Washington Biometric Identifiers statute, and similar state and international laws.

5.1 Biometric Data Collected

By using VH Scanner's scanning features, you expressly consent to the collection and processing of the following biometric data:

5.2 Consent and Withdrawal

• Before the App performs its first biometric scan, you will be presented with a separate, clear consent screen that identifies the data being collected, the purpose, and the retention schedule
• You must provide affirmative, written (electronic) consent before any biometric data is captured
• You have the right to withdraw your consent at any time by navigating to Settings > Privacy > Biometric Consent in the App, or by contacting us at legal@vitalhealthglobal.com
• Withdrawal of consent will prevent future biometric scans but does not affect the lawfulness of processing performed prior to withdrawal

5.3 BIPA Compliance

In compliance with the Illinois Biometric Information Privacy Act and similar laws:

• We will not sell, lease, trade, or otherwise profit from your biometric data
• We will not disclose your biometric data to third parties without your separate, explicit consent, except as required by law or pursuant to a valid warrant or subpoena
• We store biometric data using a standard of care no less protective than the standard used for other confidential and sensitive information

5.4 Biometric Data Destruction

• Raw biometric captures (video, audio, images) are processed in real-time and permanently deleted within 60 seconds of scan completion — raw captures are never stored on our servers
• Biometric identifiers are permanently destroyed when the initial purpose for collection has been satisfied, or within 3 years of the individual's last interaction with VH Scanner, whichever comes first
• Upon account deletion, all biometric data is destroyed within 30 days

By using VH Scanner, you agree to the following responsibilities and obligations:

6.1 Accurate Information

• Provide truthful and accurate profile data, including date of birth, biological sex, height, weight, and medical history, as these directly affect the accuracy of your scan results
• Update your profile information promptly if it changes (e.g., weight, medications, health conditions)
• Do not enter false information to manipulate or circumvent age verification or other eligibility checks

6.2 Proper Use of the App

• Follow scan instructions carefully — hold your device steady, ensure adequate lighting, remain still during scans, and comply with all on-screen guidance to obtain the best possible results
• Understand that failure to follow scan instructions will degrade the quality and accuracy of results
• Do not use VH Scanner while operating a vehicle, heavy machinery, or in any situation where distraction could be dangerous

6.3 Health Decision Responsibility

6.4 Scanning Others

• You must obtain informed consent from any individual before scanning them using the multi-profile feature
• You must inform scanned individuals about what data is collected, how it is used, and their right to request deletion
• For biometric data, the scanned individual must personally view and accept the biometric consent notice
• You may not scan anyone without their knowledge or against their will

6.5 Prohibited Conduct

You agree not to:

• Use VH Scanner for any unlawful, fraudulent, or malicious purpose
• Attempt to reverse engineer, decompile, disassemble, or otherwise extract the source code, algorithms, or proprietary technology of the App
• Interfere with, disrupt, or impose an unreasonable burden on the Services or the underlying infrastructure
• Circumvent, disable, or interfere with any security features or access controls of the App
• Use automated scripts, bots, or other means to access the Services in a manner not expressly authorized
• Impersonate another person or entity, or misrepresent your affiliation with a person or entity
• Use VH Scanner results to discriminate against, harass, or harm any individual
• Reproduce, distribute, license, sell, or exploit the App or any content therein for commercial purposes without prior written consent from Vital Health

7.1 Ownership

All right, title, and interest in and to the VH Scanner App, including but not limited to:

• The App's source code, object code, and software architecture
• All algorithms, machine learning models, and AI systems used for rPPG analysis, biomarker derivation, and health estimation
• All designs, graphics, user interfaces, visual elements, and the "look and feel" of the App
• All text, documentation, educational content, and informational materials within the App
• The VH Scanner name, logo, trademarks, and all related branding
• All trade secrets, proprietary methodologies, and confidential business information

are and shall remain the exclusive property of Vital Health International, LLC and its licensors. The Services are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and international jurisdictions.

7.2 Limited License

Subject to your compliance with these Terms, Vital Health grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download and install VH Scanner on a mobile device that you own or control
• Use the App for your personal, non-commercial health and wellness purposes
• Access and view your own scan results and health data within the App

This license does not include the right to modify, distribute, sell, lease, sublicense, or create derivative works based on the App or any part thereof.

7.3 Your Content

You retain ownership of your personal data and health data. By using the App, you grant Vital Health a limited license to process your data solely for the purpose of providing the Services, as described in our Privacy Policy.

7.4 Feedback

If you provide feedback, suggestions, ideas, or recommendations regarding the App ("Feedback"), you grant Vital Health an irrevocable, worldwide, royalty-free, fully paid-up, perpetual license to use, incorporate, modify, and commercialize such Feedback without restriction or obligation to you.

Based on your scan results and profile data, VH Scanner may display personalized product recommendations, including dietary supplements, wellness products, and health accessories marketed under the Vital Health brand or by affiliated partners.

8.1 Ingredient Research Disclaimer

Where VH Scanner states that a product or ingredient is "shown to support" a particular health function (e.g., "shown to support cardiovascular health"), this language refers to published scientific research on individual ingredients, not clinical trials conducted by Vital Health International or using the VH Scanner App specifically. You should understand that:

• Ingredient-level research may not translate directly to the specific formulation, dosage, or combination used in a VH product
• Study results may come from in-vitro, animal, or small human trials and may not be universally applicable
• The connection between VH Scanner scan results and specific product recommendations is algorithmic, not clinical — no healthcare professional has reviewed your individual results to make these recommendations
• You should consult a healthcare provider or registered dietitian before starting any supplement regimen, especially if you have pre-existing conditions, take medications, or are pregnant or nursing

8.2 No Obligation to Purchase

Product recommendations are entirely optional. You are under no obligation to purchase any product to use VH Scanner or access its scanning features. The App's core scanning functionality is free and does not require any purchase.

8.3 Third-Party Products

If VH Scanner recommends or links to products sold by third parties, Vital Health is not responsible for the quality, safety, efficacy, or accuracy of claims made by those third parties. Any purchases you make from third-party sellers are governed by the terms and policies of those sellers.

VH Scanner offers a referral program that allows users to invite others to the App and potentially earn rewards. By participating in the referral program, you agree to the following terms:

9.1 Referral Tracking

• Each participating user is assigned a unique referral identifier (fsDealerID) that tracks referral activity within the VH network
• When a new user registers through your referral link or code, their account is associated with your fsDealerID for attribution purposes
• Referral tracking data is stored and processed in accordance with our Privacy Policy

9.2 Referral Rewards

• Referral rewards, incentives, and their specific terms are determined at the sole discretion of Vital Health and are subject to change
• Reward structures, eligibility criteria, and payout mechanisms will be communicated within the App as they become available
• Vital Health reserves the right to modify, suspend, or terminate the referral program and any associated rewards at any time, with or without notice
• Rewards are non-transferable and may not be exchanged for cash unless explicitly stated otherwise

9.3 Referral Program Rules

• You may not use spam, unsolicited messages, misleading claims, or deceptive practices to generate referrals
• You may not create fake accounts, self-refer, or engage in any fraudulent activity to earn referral rewards
• You may not misrepresent VH Scanner's capabilities, regulatory status, or health claims when promoting the App to potential referrals
• Vital Health reserves the right to revoke referral rewards and terminate your participation in the program if fraudulent or abusive activity is detected

10.1 Privacy Policy

Your use of VH Scanner is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes in detail how we collect, use, process, store, share, and protect your personal information, health data, and biometric data. By agreeing to these Terms, you also acknowledge and agree to the practices described in the Privacy Policy.

10.2 HIPAA-Compliant Practices

Although VH Scanner is a direct-to-consumer wellness application and Vital Health may not currently qualify as a "covered entity" under HIPAA, we have made the strategic decision to build and operate to HIPAA-aligned standards. This includes:

• AES-256 encryption for all health data at rest
• TLS 1.3 encryption for all data in transit
• Role-based access controls with least-privilege principles
• Comprehensive audit logging for all access to health data
• Business Associate Agreements (BAAs) with all vendors who access health data
• Annual risk assessments and penetration testing

10.3 User Data Controls

You have the following rights regarding your data, regardless of your jurisdiction:

For full details on data retention, biometric data handling, CCPA/CPRA rights, GDPR rights, and breach notification procedures, please refer to our Privacy Policy.

11.1 Disclaimer of Warranties

Vital Health International, LLC makes no warranty or representation that:

• The App will meet your requirements or expectations
• The App will be uninterrupted, timely, secure, or error-free
• The results obtained from the App will be accurate, reliable, or complete
• The quality of any health data, wellness indicators, or information obtained through the App will meet your expectations
• Any errors or defects in the App will be corrected

11.2 No Warranty on Accuracy

Vital Health expressly disclaims all warranties regarding the accuracy of VH Scanner results. Health data, scan results, wellness indicators, biomarker estimates, and risk assessments are provided for informational purposes only and may contain errors, inaccuracies, or be incomplete. You use the App and rely on its results entirely at your own risk.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Vital Health International, LLC, its officers, directors, employees, agents, affiliates, licensors, technology partners, software developers, contractors, consultants, data processors, API providers, AI/ML model providers, and any other third parties involved in the creation, development, testing, or operation of VH Scanner (collectively, the “Protected Parties”) shall NOT be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from or related to your use of or inability to use the Services
• This includes, without limitation, damages for loss of profits, data, goodwill, health, personal injury, or other intangible losses, even if Vital Health has been advised of the possibility of such damages
• Vital Health shall NOT be liable for any health decisions you make based on, or in reliance upon, information provided by VH Scanner
• Vital Health shall NOT be liable for any adverse health outcomes resulting from your use of or reliance on VH Scanner results

11.4 Maximum Liability

11.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, the limitations set forth in this section shall apply to the fullest extent permitted by applicable law. Nothing in these Terms excludes or limits liability for death or personal injury caused by gross negligence, fraud, or fraudulent misrepresentation.

You agree to indemnify, defend, and hold harmless Vital Health International, LLC, and its officers, directors, employees, agents, affiliates, successors, assigns, technology partners, software developers, contractors, consultants, data processors, API providers, AI/ML model providers, and any other third parties involved in the creation, development, testing, or operation of VH Scanner (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or related to:

• Your use or misuse of VH Scanner — including any health decisions made in reliance on App results
• Your violation of these Terms — including any breach of your representations, warranties, or obligations
• Your violation of applicable law — including privacy laws, biometric data laws, health regulations, or intellectual property rights
• Scanning others without consent — any claims by individuals scanned through the multi-profile feature without proper informed consent
• Misrepresentation of VH Scanner — any claims arising from statements you make to others about the App's capabilities, regulatory status, or health claims (e.g., during referral activities)
• Your content or feedback — any claims arising from content you submit to or through the App
• Third-party claims — any claims brought by third parties arising from your use of the Services

This indemnification obligation survives the termination of your account and these Terms.

13.1 Applicable Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict of law provisions.

13.2 Jurisdiction

You agree that any legal action or proceeding arising from or relating to these Terms or your use of the Services shall be brought exclusively in the state or federal courts located in Laramie County, Wyoming. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

13.3 Dispute Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at legal@vitalhealthglobal.com. We will attempt to resolve the dispute within 30 days from the date we receive your notice of dispute. If the dispute is not resolved within 30 days, either party may proceed with formal legal action as described above.

13.4 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable, then this entire dispute resolution section shall be null and void.

14.1 Termination by You

You may terminate your use of VH Scanner at any time by:

• Deleting your account through Settings > Account > Delete Account
• Uninstalling the App from your device
• Contacting us at legal@vitalhealthglobal.com with a deletion request

14.2 Termination by Vital Health

Vital Health reserves the right to suspend or terminate your account and access to the Services, in whole or in part, at any time and for any reason, including but not limited to:

• Violation of these Terms or any applicable law
• Engaging in fraudulent, abusive, or harmful activity
• Creating risk or legal exposure for Vital Health
• Extended periods of account inactivity (with prior notice)
• Discontinuation of the Services or any part thereof

14.3 Effect of Termination

Upon termination of your account, whether by you or by Vital Health:

• Your license to use VH Scanner is immediately revoked
• Your access to the Services and your scan data through the App will cease
• You may request data export before termination or within 30 days of termination by contacting legal@vitalhealthglobal.com
• Personal data and health data will be permanently deleted within 30 days of your deletion request, as described in our Privacy Policy
• Audit logs and anonymized, de-identified data may be retained as required for legal compliance

14.4 Survival

The following sections survive termination of these Terms: Section 4 (Health Disclaimer), Section 7 (Intellectual Property), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 13 (Governing Law), and this Section 14.4.

VH Scanner may contain links to third-party websites, applications, products, or services that are not owned or controlled by Vital Health International, LLC. These third-party services are provided for your convenience and reference only.

15.1 No Endorsement

• The inclusion of any link or reference to a third-party service does not imply endorsement, approval, or recommendation by Vital Health
• Vital Health does not control, monitor, or guarantee the accuracy, completeness, timeliness, or reliability of any third-party content, products, or services
• Your interactions with third-party services are solely between you and the third party

15.2 Third-Party Terms

Your use of any third-party service is governed by that third party's own terms of service, privacy policy, and other applicable agreements. Vital Health is not responsible or liable for any loss, damage, or harm arising from your use of or reliance on any third-party service linked to or integrated with VH Scanner.

15.3 App Store Terms

If you downloaded VH Scanner from the Apple App Store, Google Play Store, or any other app distribution platform, your use of the App is also subject to the terms and conditions of that platform. In the event of a conflict between these Terms and the app store terms, the more restrictive provision shall apply.

Vital Health reserves the right to modify, amend, or update these Terms at any time. When we make changes, we will follow these notification procedures:

16.1 Material Changes

• For material changes that significantly affect your rights, obligations, or use of the Services, we will provide at least 30 days' advance notice before the changes take effect
• Notice will be delivered via one or more of the following methods: in-app notification, email to your registered email address, or push notification
• Material changes include modifications to the health disclaimer, limitation of liability, biometric data terms, data privacy terms, or dispute resolution provisions

16.2 Non-Material Changes

• For non-material changes (e.g., typographical corrections, formatting updates, clarifications that do not alter the substance of the Terms), we will update the "Last Updated" date at the top of these Terms

16.3 Your Choices

• Continued use of VH Scanner after the effective date of updated Terms constitutes your acceptance of the changes
• If you do not agree with the updated Terms, you must stop using the App and delete your account before the effective date
• Any changes to biometric data collection or processing will require renewed explicit consent through the App

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if modification is not possible, shall be deemed severed from these Terms. The remaining provisions shall continue in full force and effect and shall not be affected, impaired, or invalidated.

17.1 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Vital Health's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.2 Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder, in whole or in part, without the prior written consent of Vital Health. Vital Health may assign or transfer these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

17.3 Force Majeure

Vital Health shall not be liable for any failure or delay in performing its obligations under these Terms resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet outages, or equipment failures.

If you have questions, concerns, or requests regarding these Terms of Service, please contact us using the information below:

For privacy-specific inquiries, please see the contact information in our Privacy Policy.