Terms of Service
Last updated: June 2026
Thank you for choosing VITURE!
These Terms of Service ("Terms") apply to purchases and use through our English-language Site. Separate terms may apply to purchases made through our other regional sites. If you reside in the European Economic Area (EEA), please refer to the EEA Annex attached to these Terms. The EEA Annex provides additional rights and prevails over any conflicting provisions in the main body of these Terms.
By creating a VITURE account (where applicable), completing the setup of a VITURE Product, accessing the VITURE website at www.viture.com (the "Site"), placing an order for any VITURE Product through the Site, or otherwise accessing or using the VITURE Products, you (a) acknowledge that you have read and understood these Terms; (b) agree to be legally bound by these Terms; and (c) confirm that you have the legal capacity to enter into a binding agreement. If you do not agree to these Terms, do not access or use the Site or the VITURE Products.
These Terms apply to matters concerning you and VITURE, Inc. and its affiliates ("VITURE", "we", "us", or "our") regarding (a) your access to and use of the Site; (b) your purchase of products and accessories manufactured and sold by VITURE through the Site (collectively, "Products"); and (c) your use of such Products and their operating systems (collectively with the Products, the "VITURE Products"). The VITURE Products referenced herein are subject to changes based on the models and system versions you use or the requirements of local laws and regulations.
Purchases of VITURE Products made through third-party marketplaces (such as Amazon, eBay, or other authorized retailers) are governed by the terms of those marketplaces, not by these Terms.
Age and Parental Responsibility. The VITURE Products are not directed to, or intended for use by, minors under applicable laws. We do not operate any account system that requires a minor to register or submit personal data to us. If a minor nonetheless uses the VITURE Products, we expect that such use occurs only under the supervision and with the consent of the minor's parent or legal guardian, who must accept these Terms on the minor's behalf and assume joint and several responsibility for the minor's compliance with these Terms. Please review these Terms together with your parent or legal guardian to ensure you both understand all rights and obligations. For details on how we handle personal data relating to minors, please refer to Section 8 of our Privacy Policy.
Modifications. We may modify these Terms as described in Section 21 (Changes to these Terms). Material changes will be subject to advance notice and, where required by applicable law, your affirmative acceptance. For non-material administrative changes, we may update the "Last Updated" date above.
1. Eligibility and Registration
1.1 Age
The VITURE Products are not directed to, or intended for use by, minors under applicable laws. By using the VITURE Products, you represent that you are of the legal age of majority in your jurisdiction of residence, or that, if you are a minor under the age of majority but at or above any applicable minimum age in your jurisdiction, you are using the VITURE Products under the supervision of, and with consent from, a parent or legal guardian who has accepted these Terms on your behalf as described in the introduction to these Terms and Section 8 of our Privacy Policy.
1.2 Geographic Eligibility
You may use the VITURE Products only in jurisdictions where they are offered. VITURE Products may not be available in all territories. We may, in our discretion, limit or restrict access to the VITURE Products in certain territories where required by law or for operational reasons.
1.3 Compliance Representations
You represent and warrant that:
(a) you are not identified in the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC") Specially Designated Nationals and Blocked Persons List ("SDN List"), the Sectoral Sanctions Identifications List, or any other OFAC-administered restricted party list;
(b) you are not placed on the U.S. Department of Commerce's Bureau of Industry and Security ("BIS") Denied Persons List, Entity List, Unverified List, Military End User List, or any other U.S. export control list;
(c) you are not located in, organized under the laws of, or ordinarily resident in any country or region that is the subject of comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine);
(d) you will not use IP proxying or other methods to disguise your country of residence in a manner that violates U.S. or other applicable trade laws;
(e) you will not use the VITURE Products if any applicable laws in your country of residence prohibit such use; and
(f) your right to use the VITURE Products has not previously been suspended or terminated by VITURE due to your breach of these Terms or violation of applicable law.
1.4 Account Registration (Where Applicable)
Certain VITURE Products or features may require you to register for a VITURE account. When you register, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update such information; (c) maintain the security of your account credentials; and (d) be solely responsible for all activities that occur under your account. You may not share your account credentials, create accounts using false information, or maintain more than one personal account except as expressly permitted by us.
1.5 Account Security (Where Applicable)
You are responsible for safeguarding your account credentials. You must notify us promptly at happycustomer@viture.us of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to comply with this Section 1.5. We may suspend or terminate your account in accordance with Section 22 if we have a good-faith reason to believe that your account has been compromised or is being used in violation of these Terms or applicable law.
2. Equipment, Software, and Updates
2.1 Equipment and Software Requirements
Certain equipment and software may be required to access and use VITURE Products. You are responsible for obtaining and maintaining such equipment, software, and internet connectivity at your own cost.
2.2 Software Updates and Modifications
We may provide software updates and other modifications to the VITURE Products from time to time, including security patches, bug fixes, performance improvements, new or changed features, or removal of features. Updates necessary to address security vulnerabilities, ensure compliance with applicable law, or remedy material safety or operational defects may be installed automatically. For updates or modifications that materially affect the features of the VITURE Products, we will provide reasonable notice through the VITURE Products or other communication channels where practicable. We will use commercially reasonable efforts to minimize disruption to your use of the VITURE Products.
2.3 Suspension or Disabling of Access
We may, where technically feasible, temporarily or permanently disable, suspend, or restrict your access to or ability to use specific VITURE Products or features only if:
(a) we have a reasonable basis to believe that the VITURE Product presents a genuine health or safety risk;
(b) you have materially breached these Terms or applicable law;
(c) such action is required by law, court order, regulatory authority, or product recall; or
(d) such action is necessary to address an imminent security threat.
Except in cases of imminent risk or where prohibited by law, we will provide reasonable advance notice before exercising this right. If we permanently disable a VITURE Product through no material fault of your own, we will offer you a reasonable remedy.
2.4 Product Support and End-of-Service
We will use commercially reasonable efforts to support the VITURE Products and to provide software updates for a reasonable period after purchase. We may, however, discontinue support for, or terminate certain features of, the VITURE Products, including cloud-dependent features that rely on third-party services. Where we decide to discontinue support or terminate a material feature, we will provide reasonable advance notice through the VITURE Products or other communication channels and, where applicable, information about any alternatives or transition options. Nothing in this Section affects any non-waivable statutory rights you may have under applicable law.
3. Your Use of the VITURE Products and Content
3.1 Content and Software License
Subject to your continued compliance with these Terms, we grant you a limited, nonexclusive, non-sublicensable, non-transferable, revocable license to access, install, and use the software, content, virtual items, and other materials owned or licensed by us and made available through the VITURE Products ("Software and Content"), solely for your personal and noncommercial use unless otherwise authorized by us in writing.
The Software and Content is licensed, not sold, and we reserve all rights not expressly granted to you. Unless applicable law gives you rights that cannot be limited by these Terms, you will not (and have no right to):
(a) copy, modify, adapt, translate, or create derivative works of the Software and Content;
(b) reverse engineer, decompile, or disassemble the Software and Content;
(c) distribute, license, sell, rent, lease, transfer, sublicense, publicly display, publicly perform, transmit, stream, or broadcast the Software and Content, or provide it as a stand-alone hosted solution for others;
(d) use any robot, spider, scraper, crawler, or other automated means to access, monitor, or extract data from the VITURE Products, except for legitimate search engine indexing as permitted by our publicly posted instructions;
(e) use the Software and Content, or any output, data, or information obtained from the VITURE Products, to develop, train, fine-tune, improve, or evaluate any artificial intelligence or machine learning model, dataset, or similar technology, except with our prior written authorization;
(f) circumvent, disable, or interfere with any security, authentication, or technical protection measures of the VITURE Products; or
(g) remove, alter, or obscure any copyright, trademark, or other proprietary rights notices.
Any unauthorized use of the VITURE Products terminates the license granted under this Section 3.1. No licenses or rights are granted by implication, estoppel, or otherwise, except those expressly granted in these Terms.
3.2 Third Party Content
The VITURE Products may provide access to, or include, content, services, applications, or other materials provided by third parties (collectively, "Third Party Content"). Third Party Content includes, without limitation, third-party applications, integrations, plug-ins, software development kits, and content made available through third-party platforms accessible via the VITURE Products.
Your use of Third Party Content may be subject to additional terms, conditions, and privacy policies of the relevant third-party provider, and you are responsible for reviewing and complying with such terms. In the event of any conflict between such third-party terms and these Terms with respect to Third Party Content, the third-party terms govern as between you and the third party.
VITURE does not endorse, control, or assume responsibility for Third Party Content, and is not a party to any agreement between you and a third-party provider. To the maximum extent permitted by applicable law, VITURE shall not be considered the licensor of, and shall not be liable for, any Third Party Content. If a provider of Third Party Content violates our policies or applicable law, we may, at our discretion, remove or disable such Third Party Content.
3.3 Continuity of VITURE Products
Certain features of the VITURE Products may rely on services provided by third parties and may not function properly, or may become unavailable, if such third-party services are modified, discontinued, or otherwise interrupted. Our obligations regarding ongoing product support, software updates, and end-of-service are set forth in Section 2.4.
3.4 Customer Support
VITURE will be responsible for inquiries related to the purchase of, and basic technical support for, the VITURE Products. Warranty terms applicable to physical VITURE Products are set forth in the limited warranty referenced in Section 4.5 of these Terms. VITURE has no obligation to provide support for Third Party Content.
4. Purchasing VITURE Products
4.1 Orders. Our presentation of Products on the Site does not constitute a binding offer, but an invitation for you to place an order. When you place an order, you are making an offer to purchase the Products at the prices and on the terms displayed at checkout. A binding contract of sale is formed only when we send you a shipping confirmation. We may cancel or refuse any order, in whole or in part, at any time prior to shipment, including where the Product is unavailable, there is a pricing or description error, you exceed our permitted order quantity, we suspect fraud or unauthorized payment, or we are required to do so by law. If we cancel an order for which you have already paid, we will refund the full amount within a commercially reasonable time. We may process and ship parts of an order separately.
Products are sold for personal use only. You may not purchase Products for commercial resale, lease, or export without our prior written authorization. This restriction does not apply to authorized VITURE resellers operating under a separate written agreement with us. Resale of Products may not be made to restricted countries, restricted end users, or for restricted end uses under applicable U.S. export and sanctions laws.
From time to time, we may make Products available for pre-order in advance of general release. The price of a pre-ordered Product will be as quoted at the time of pre-order. We may fulfill pre-orders in batches, and each batch becomes a separate contract upon shipping confirmation. If we are unable to fulfill a pre-order, in whole or in part, you are entitled to a full refund of any amount paid for the unfulfilled portion.
4.2 Pricing, Payment, and Taxes.
Prices are displayed in the currency shown at checkout, which may vary depending on the site or region through which you place your order. Prices may change at any time, but such changes will not affect orders for which we have already issued a shipping confirmation. Unless we clearly state otherwise, displayed prices are inclusive of the sales tax, consumption tax, or value-added tax (VAT) applicable in the relevant region, which we remit to the competent tax authorities where required; shipping and handling charges, where applicable, are shown separately at checkout.
We attempt to be as accurate as possible in pricing and Product descriptions, but we do not warrant that all information on the Site is accurate, complete, or error-free. In the event of a pricing or description error, we may correct the error and revise your order accordingly, or cancel the order and refund any amount charged.
We accept the payment methods displayed at checkout. By providing payment information, you represent that (a) all information is accurate; (b) you are authorized to use the payment method; and (c) you authorize us, or our third-party payment processor, to charge your payment method for the total amount of your order, including applicable Taxes and shipping charges. If your payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled.
You are responsible for any taxes, fees, or duties that may be assessed in connection with the cross-border delivery, importation, or use of Products into any jurisdiction outside the region of purchase, where applicable.
4.3 Shipping and Risk of Loss. You agree to pay any shipping and handling charges shown at the time you place an order. Any delivery dates or times shown at checkout are estimates only and are not guaranteed. The number of days quoted for standard and express shipping refers to transit time only; additional time is typically required to process orders before dispatch.
Unless we state otherwise, risk of loss or damage to a Product passes to you upon delivery to the address you provided at checkout. You have thirty (30) days from the delivery date to notify us of any missing, wrong, or damaged Product. We may, in our discretion, replace, repair, or refund affected Products in accordance with our Return Policy.
We ship Products only to the destinations available for selection at checkout. If your desired delivery address is not available at checkout, we are unable to fulfill your order through the Site. For current shipping destinations and delivery estimates, please see our Shipping Information page.
4.4 Returns and Refunds. We offer a 30-day return policy for Products purchased directly from the Site. If you are not satisfied with your purchase, you may return eligible Products within thirty (30) days from the delivery date, provided that you contact us within this 30-day window to initiate the return. This Section 4.4 applies only to purchases made directly through the Site. For purchases made through third-party marketplaces or authorized retailers, please follow the return policy of the seller from which you purchased.
To qualify for a refund, you must:
(a) contact our customer service team at happycustomer@viture.us within the 30-day return window to initiate your return request;
(b) complete any return request information requested by our customer service team;
(c) return the Product in its original packaging, including all accessories, cables, documentation, and parts that came with the Product, in its original condition or used only to the extent necessary to inspect or test it in a manner consistent with examining it in a physical retail store; and
(d) follow the return instructions provided by our customer service team, including any return shipping address and reference information.
Returns shipped without prior authorization from our customer service team may be refused, and we are not responsible for any Product delivered to us without authorization. Return shipping costs and a return handling fee may apply depending on the reason for return. Our team will confirm all applicable fees when processing your return request. Where you choose your own carrier rather than a return label provided by us, you bear the risk of loss until we confirm receipt of the Product.
We will process refunds within fourteen (14) business days after our receipt and inspection of the returned Product, using the same payment method you used for the original purchase, unless otherwise agreed. The time required for the refund to appear in your account depends on your payment provider. Shipping and handling charges, where separately paid, are not refundable unless the return is due to a defect, damage on arrival, or our error.
Products that are personalized, customized, or made to your specific requirements (such as prescription lens inserts) are not eligible for return or exchange.
We reserve the right to deny returns in circumstances involving excessive returns, suspected fraud, violation of these Terms. If we receive a Product that we determine is not a genuine VITURE Product (i.e., a counterfeit), we are not obligated to complete the return or issue a refund.
4.5 Warranty.
VITURE Products are covered by a limited manufacturer warranty against defects in materials and workmanship under normal use, for a period of three hundred sixty-five (365) days from the date of delivery (the "Limited Warranty"). The Limited Warranty covers the Product and accessories included in the original packaging, but does not cover consumable items such as nose pad inserts and microfiber cloths. Software made available with the VITURE Products is maintained through updates and is not separately warranted under the Limited Warranty.
To request warranty service, please contact us at happycustomer@viture.us with proof of purchase, a description of the issue, and photos or video where available.
The Limited Warranty covers only Products purchased directly from the Site or from VITURE's authorized retail channels. Products purchased through unauthorized third-party sellers, resellers, or second-hand marketplaces are not covered by the Limited Warranty. The Limited Warranty is tied to the original purchaser and the date of original purchase from an authorized channel, and any remaining warranty coverage may not be transferable to subsequent owners.
The Limited Warranty does not cover damage resulting from accidents (including drops, impacts, or bending); exposure to liquids (including water, sweat, or high humidity); normal wear and tear (including minor scratches or worn parts); unauthorized repair, modification, or self-disassembly; or any other misuse or mishandling. The Limited Warranty also does not cover loss or theft.
For Products that are not covered by the Limited Warranty, paid repair services may be available, subject to assessment and applicable service fees. Please contact us at happycustomer@viture.us for further information.
Except for the Limited Warranty described above and any non-waivable statutory rights, and to the maximum extent permitted by applicable law, we make no other warranties, express or implied, with respect to the Products, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms limits or excludes any rights you may have under the applicable consumer protection laws that cannot be waived by contract.
5. In-App Purchases and Digital Content
You may have the ability to purchase digital content through the VITURE Products. You may also have the ability to purchase additional or enhanced functionality or media content within certain VITURE Products (collectively, "In-App Purchases" and together with separately purchased digital content, "Digital Content").
All purchases of Digital Content are final, and we do not offer refunds or exchanges for Digital Content, except as required by applicable law. By purchasing Digital Content, you expressly consent to the immediate delivery of such Digital Content upon completion of your purchase, and you acknowledge that, where applicable, any statutory right of withdrawal is waived to the extent permitted by law.
Except as described in these Terms, we have no responsibility for transactions you enter into with a third party for Third Party Content or for In-App Purchases that occur within Third Party Content. If you are unable to download, install, or access purchased Digital Content, please contact us at happycustomer@viture.us for assistance.
6. Acceptable Use
When you access or use the VITURE Products, you agree that you will not:
(a) interfere with, disrupt, or negatively affect the VITURE Products or other users' enjoyment of them, including by harassing, threatening, or impersonating other users;
(b) damage, disable, overburden, or impair the functionality of the VITURE Products, including by introducing viruses, malware, or other harmful code;
(c) access or use the VITURE Products for any illegal or unauthorized purpose, or to violate these Terms or any other applicable terms or policies;
(d) modify, adapt, hack, or emulate the VITURE Products, or circumvent any security, authentication, or technical protection measures, except as expressly permitted by us in writing or by applicable law;
(e) use any robot, spider, scraper, crawler, or other automated means not authorized by us to access the VITURE Products or to extract data, content, or personal information of other users;
(f) use the VITURE Products, or any output or information obtained from them, to develop, train, or evaluate any artificial intelligence or machine learning model, except with our prior written authorization; or
(g) infringe or violate our rights or the rights of any third party, including intellectual property, privacy, publicity, or contractual rights.
We may suspend or terminate your access to the VITURE Products if we have a good-faith basis to believe that you have violated this Section 6, in accordance with Section 22 (Termination). To report a violation by another user, please contact us at happycustomer@viture.us.
7. User Content
7.1 User Content; Ownership
The VITURE Products may include features that allow you to submit, upload, post, transmit, or share text, images, photos, videos, audio recordings, virtual environments, or other materials ("User Content"). Unless otherwise agreed in writing, we do not claim ownership of your User Content, and you retain all rights you have in your User Content, subject to the license you grant in Section 7.2.
For clarity, content we make available through the VITURE Products (such as images, designs, videos, or sounds we provide for your use) remains owned by us or our licensors, and the rights to such content are not granted to you except as expressly permitted under these Terms.
7.2 License Grant to VITURE
By submitting User Content through the VITURE Products, you grant us a worldwide, non-exclusive, royalty-free, sublicensable (solely to our service providers and contractors for the purposes set forth below), and transferable (solely in connection with a merger, acquisition, or sale of assets) license to use, copy, display, store, adapt, publicly perform, and distribute your User Content solely in connection with operating, providing, promoting, and improving the VITURE Products.
This license continues for as long as your User Content remains available through the VITURE Products. When you delete your User Content, this license will end with respect to new uses by us, except that: (a) we may retain copies of your User Content for legal, archival, or backup purposes as permitted by applicable law; and (b) where your User Content has been shared with others through the VITURE Products and those copies have not been deleted, this license continues with respect to such shared copies.
7.3 AI Training
We do not use your User Content to train, fine-tune, or evaluate any generative artificial intelligence or machine learning model intended for general-purpose use, except (a) with your separate, explicit consent, or (b) where reasonably necessary to operate or improve features of the VITURE Products that you use (such as personalization, content moderation, or trust and safety functions). If we wish to use your User Content for other AI-related purposes, we will provide you with notice and obtain your separate consent as required by applicable law.
7.4 Your Representations and Warranties
You are solely responsible for your User Content. You represent and warrant that:
(a) you either are the sole and exclusive rights owner of all User Content you provide, or you have obtained all rights, licenses, permissions, consents, and releases that are necessary to grant us the rights set forth in this Section 7; and
(b) your User Content, and our use of it as permitted under these Terms, will not infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity or privacy, or any applicable law.
7.5 Removal of User Content; Reporting
We do not endorse or guarantee opinions, views, advice, or recommendations submitted by users, and we have no obligation to screen, edit, or monitor User Content. However, we reserve the right, in our discretion, to remove, screen, or edit User Content at any time, including User Content that infringes intellectual property rights, violates these Terms, or that we otherwise determine is inappropriate for the VITURE Products. To report User Content that infringes intellectual property rights, please see Section 14. To report other concerns related to User Content, please contact us at happycustomer@viture.us.
7.6 Developer Submissions
If you are a developer who submits User Content to, or in connection with, the VITURE Products, the terms of your developer agreement with us will govern such submissions to the extent they conflict with this Section 7.
8. Privacy
Our collection, use, and disclosure of personal information in connection with the VITURE Products is described in our Privacy Policy, available at https://www.viture.com/privacy-policy. The Privacy Policy is incorporated by reference into these Terms. By using the VITURE Products, you acknowledge that you have read and understood the Privacy Policy.
9. Additional Terms
These Terms are in addition to, and do not replace, any other agreement you have entered into with us or our affiliates relating to specific VITURE products, services, or programs (such as a developer agreement, beta tester agreement, business or enterprise agreement, contest or promotion terms, or terms of sale for physical goods). In the event of any conflict between these Terms and such a specific agreement with respect to the subject matter of that agreement, the specific agreement will govern.
If you reside in the European Economic Area, the EEA Annex attached to these Terms applies to you. In the event of any conflict between the main body of these Terms and the EEA Annex, the EEA Annex will prevail with respect to users in the EEA.
10. Ratings
We may display age, comfort, and content ratings for digital content made available through the VITURE Products. These ratings are provided by third parties, such as the developers of the content or industry rating bodies, and are displayed for informational purposes only. We do not independently verify the accuracy of these ratings and make no representations as to their completeness or reliability.
You are responsible for determining whether content is suitable for you. For important health and safety information related to your use of the VITURE Products, please refer to Section 16.1 and any health and safety warnings or instructions provided with the VITURE Products.
11. Ownership and Intellectual Property
11.1 Ownership
Unless otherwise indicated, the VITURE Products, including all related software, content, designs, text, graphics, images, audio, video, user interfaces, and trade dress, are the property of VITURE, our affiliates, or our licensors, and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and other countries. You will not remove, alter, or obscure any copyright, trademark, patent, or other proprietary rights notices incorporated in or accompanying the VITURE Products.
11.2 Trademarks
"VITURE", the VITURE logo, and other VITURE product and service names, logos, and slogans (collectively, "VITURE Marks") are trademarks or registered trademarks of VITURE, Inc. or its affiliates. The VITURE Marks may not be copied, imitated, or used, in whole or in part, without our prior written permission.
11.3 Third-Party Marks
All other trademarks, service marks, logos, trade names, and other proprietary designations referenced in the VITURE Products are the property of their respective owners and may not be used without permission of the applicable rights holder.
11.4 Reservation of Rights
All rights not expressly granted to you in these Terms are reserved by VITURE, our affiliates, and our licensors. No licenses or rights are granted to you by implication, estoppel, or otherwise, except for the licenses and rights expressly granted under these Terms.
12. Feedback
You may, but are not required to, submit questions, comments, suggestions, ideas, or other information about us or the VITURE Products through any channel, including email, our support channels, or online forums (collectively, "Feedback"). Feedback is distinct from User Content (as described in Section 7) and is not subject to the license provisions of Section 7.
By submitting Feedback, you grant VITURE and its affiliates a perpetual, irrevocable, worldwide, royalty-free, fully transferable, and sublicensable license to use, copy, modify, distribute, and otherwise exploit the Feedback for any purpose, including incorporating it into the VITURE Products, without any obligation, compensation, or attribution to you.
You acknowledge that Feedback is provided on a non-confidential basis and that we may develop or have developed similar ideas or materials independently of your Feedback.
You represent that you have the right to provide the Feedback and that your Feedback does not infringe or violate the rights of any third party. You will not give Feedback that is subject to a license that requires VITURE to license its software, technologies or documentation to any third party because VITURE includes your Feedback in them.
13. Export Controls and Sanctions
The VITURE Products, including all related software, technology, and documentation, are subject to U.S. export control and economic sanctions laws and regulations, including the Export Administration Regulations ("EAR") administered by the U.S. Department of Commerce, and the sanctions programs administered by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of Treasury, as well as applicable export and sanctions laws of other jurisdictions.
You will comply with all such laws and regulations in your use, export, re-export, transfer, or resale of the VITURE Products. Without limiting the foregoing, you will not, directly or indirectly:
(a) export, re-export, transfer, or sell the VITURE Products to any country, region, individual, or entity subject to comprehensive U.S. sanctions or other applicable trade restrictions;
(b) export, re-export, transfer, or sell the VITURE Products to any individual or entity identified on any U.S. government restricted party list, including those described in Section 1.3; or
(c) use the VITURE Products for any purpose prohibited by U.S. export control or sanctions laws, including in connection with the development, production, or use of nuclear, chemical, biological, radiological, or missile weapons, or for unauthorized military, intelligence, or mass surveillance purposes.
You represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
14. Intellectual Property Infringement Reports
We respect the intellectual property rights of others. If you believe that material accessible through the VITURE Products infringes your copyright, trademark, or other intellectual property rights, please contact us at happycustomer@viture.us with the following information:
(a) a description of the intellectual property right you claim has been infringed; (b) identification of the allegedly infringing material and its location; (c) your contact information; (d) a statement that you have a good-faith belief that the use of the material is not authorized by the rights holder or applicable law; and (e) for copyright claims, a statement that the information in your notice is accurate and that you are authorized to act on behalf of the rights holder.
We will review reports and take appropriate action in our reasonable discretion, which may include removing the allegedly infringing material or terminating accounts of users who repeatedly infringe the intellectual property rights of others.
If you knowingly make a material misrepresentation that material is infringing, you may be liable for damages incurred by us or the alleged user as a result of our reliance on such misrepresentation.
15. Hyperlinks
15.1 Linking to the VITURE Products
You may create text hyperlinks to our websites or product pages for fair and lawful purposes, such as editorial, informational, or referral purposes, provided that such links: (a) do not falsely imply endorsement, sponsorship, or affiliation by VITURE; (b) do not present the VITURE Products or VITURE in a false, misleading, derogatory, or otherwise objectionable manner; and (c) do not frame or embed our content in a manner that obscures or misrepresents its source.
You may not use our logos, trademarks, or other proprietary graphics to create or accompany such links without our prior written permission, except as permitted by applicable law (such as nominative or descriptive uses in editorial content). We reserve the right to revoke our consent to any link at any time.
15.2 Third-Party Links
The VITURE Products may contain links to third-party websites, applications, or services. We provide these links for your convenience only, and the inclusion of any link does not imply our endorsement of the linked site or service. We do not control these third-party properties and are not responsible for their content, accuracy, availability, products, or services. If you access any third-party properties through links in the VITURE Products, you do so at your own risk and subject to the terms and policies of the relevant third party.
16. Disclaimers
16.1 Health and Safety Warnings
The VITURE Products are subject to important health and safety warnings and instructions. Before using the VITURE Products, you must read and follow all such warnings and instructions provided with the VITURE Products or made available through our website. Additional health and safety warnings may also be provided by third-party developers in relation to specific Third Party Content. You represent and warrant that you will read and follow all such warnings and instructions.
16.2 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE VITURE PRODUCTS, INCLUDING ALL SOFTWARE, CONTENT, AND RELATED SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
No oral or written information or advice given by VITURE or our representatives will create any warranty. Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the disclaimers in this Section 16.2 may not apply to you.
Nothing in this Section limits the limited manufacturer warranty described in Section 4.5 or any non-waivable statutory rights you may have under applicable law."
16.3 Service Availability
Certain features of the VITURE Products depend on cloud services, third-party services, or network connectivity, which are subject to outages, interruptions, modifications, or discontinuation outside our reasonable control. We do not warrant the availability, accuracy, or continuity of such third-party-dependent features, and we will not be liable for any unavailability or interruption arising from such causes, to the maximum extent permitted by applicable law.
17. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless VITURE and our affiliates, and our respective directors, officers, employees, agents, contractors, and service providers (collectively, "VITURE Parties"), from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
(a) your breach of these Terms or any other applicable terms, policies, warnings, or instructions provided by VITURE in relation to the VITURE Products;
(b) your violation of any applicable law or the rights of any third party;
(c) your misuse of the VITURE Products, including any use of recording, audio, or video capture functions in violation of applicable laws;
(d) any User Content you provide or any Feedback you submit that infringes or violates the rights of a third party; or
(e) your negligent or wrongful acts or omissions in connection with your use of the VITURE Products.
VITURE will promptly notify you of any claim subject to indemnification under this Section 17 and reasonably cooperate with your defense at your expense. You will not settle any such claim in a manner that imposes any obligation or liability on VITURE without VITURE's prior written consent. VITURE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with VITURE in asserting any available defenses.
This Section 17 does not apply to the extent that a claim arises from VITURE's own negligence, willful misconduct, or breach of these Terms.
18. Limitation of Liability
Consequential Damages Excluded. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE VITURE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE VITURE PRODUCTS, EVEN IF A VITURE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Aggregate Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE VITURE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE VITURE PRODUCTS WILL NOT EXCEED THE AMOUNT YOU PAID TO VITURE FOR THE VITURE PRODUCT TO WHICH THE CLAIM RELATES.
Application of Limitations. The limitations and exclusions in this Section 18 apply regardless of the legal theory on which the claim is based (including contract, tort, strict liability, or otherwise), and will apply even if any limited remedy provided in these Terms fails of its essential purpose. The foregoing limitations are fundamental and material elements of the basis of the agreement between VITURE and you.
Exceptions. Nothing in these Terms excludes or limits the liability of the VITURE Parties for: (a) gross negligence or willful misconduct; (b) death or personal injury caused by the VITURE Parties' negligence; or (c) any other liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the exclusions and limitations in this Section 18 may not apply to you.
Indemnification Not Limited. The limitations in this Section 18 do not apply to your indemnification obligations under Section 17.
19. Dispute Resolution
This Section 19 governs how disputes between you and VITURE are resolved. It provides that most disputes will be resolved through binding individual arbitration rather than in court, and includes a class action waiver. You may opt out of these provisions as described in Section 19.4.
19.1 Informal Resolution
Before initiating any formal proceeding, you and VITURE agree to first attempt to resolve the dispute informally for at least thirty (30) days by sending a written notice describing the dispute to happycustomer@viture.us.
19.2 Binding Arbitration
Any dispute arising out of or relating to these Terms or the VITURE Products that cannot be resolved informally (each, a "Dispute") will be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. This Section is governed by the Federal Arbitration Act.
This Section 19 does not apply to: (a) claims that qualify for small claims court; or (b) claims by either party seeking injunctive or other equitable relief to protect intellectual property rights.
19.3 Class Action Waiver
YOU AND VITURE AGREE TO BRING ANY DISPUTE ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If a court determines that this waiver is unenforceable as to a particular claim or remedy, that claim or remedy will be severed from arbitration and may be brought in court, while the remaining claims will proceed in arbitration.
19.4 Right to Opt Out
You may opt out of this Section 19 by sending a written notice to happycustomer@viture.us within thirty (30) days of first becoming subject to these Terms, including your name, the email address associated with your VITURE account or order, and a clear statement that you wish to opt out.
19.5 Mandatory Local Consumer Protection
Nothing in this Section 19 affects any mandatory consumer protection rights you may have under the laws of your jurisdiction that cannot be waived by contract.
20. Governing Law
These Terms and any dispute arising out of or relating to these Terms or the VITURE Products are governed by the laws of the State of California, excluding its conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
To the extent any dispute is not subject to arbitration under Section 19, you and VITURE agree that such dispute will be resolved exclusively in the federal or state courts located in San Francisco County or San Mateo County, California, and you consent to the personal jurisdiction of those courts.
If you reside in the European Economic Area, please refer to the EEA Annex attached to these Terms.
Nothing in this Section 20 affects any mandatory consumer protection laws of your jurisdiction that cannot be waived by contract.
21. Changes to these Terms
We may update these Terms from time to time. The most current version will be available on our website, with the "Last Updated" date at the top reflecting the date of the most recent revision.
For material changes (such as changes affecting your rights, dispute resolution, fees, or how we handle your personal information), we will provide reasonable advance notice through the VITURE Products, by email, or through our website. Material changes will take effect on the date specified in the notice, which will be at least thirty (30) days after we provide notice unless a shorter period is required by applicable law.
For non-material changes (such as corrections, clarifications, or updates to contact information), we may simply update the "Last Updated" date without separate notice.
Your continued use of the VITURE Products after a change takes effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the VITURE Products. Continued use after a material change becomes effective will be deemed acceptance of those changes only if you have received notice as described above.
22. Termination
22.1 Termination by You
You may stop using the VITURE Products at any time. If you have a VITURE account, you may close your account by contacting us at happycustomer@viture.us or through the account settings, where available.
22.2 Termination by VITURE
We may suspend or terminate your right to access and use the VITURE Products if: (a) you materially breach these Terms; (b) you violate applicable law in connection with your use of the VITURE Products; (c) such action is required by law, court order, or governmental authority; or (d) we permanently discontinue the VITURE Products. Except in cases of urgency or where prohibited by law, we will provide reasonable advance notice before terminating your access.
22.3 Effect of Termination
Upon termination of these Terms by either party: (a) your right to use the VITURE Products will end, except that you may continue to use any VITURE physical products you have purchased, subject to any applicable software or service restrictions; (b) any outstanding payment obligations will remain due; and (c) the following sections will survive termination: Section 7 (User Content, with respect to the license granted), Section 11 (Ownership), Section 12 (Feedback), Section 17 (Indemnification), Section 18 (Limitation of Liability), Section 19 (Dispute Resolution), Section 20 (Governing Law), and any other provisions that by their nature should survive.
23. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or, if it cannot be so modified, will be severed from these Terms. The remaining provisions will continue in full force and effect.
24. Assignment
You may not assign, transfer, charge, or subcontract any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. Any attempted assignment without such consent will be void.
We may assign, transfer, charge, or subcontract any of our rights or obligations under these Terms at any time, in whole or in part, without your consent, including in connection with a merger, acquisition, sale of assets, reorganization, or financing.
If any restriction on assignment in this Section is unenforceable under the law of your jurisdiction, these Terms will remain binding on you and any successor or transferee of your rights or obligations.
25. No Waiver
Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
26. Contact Us
If you have any questions or concerns regarding these Terms or our VITURE Products, please contact us through email at happycustomer@viture.us.
In the event of any inconsistency between the English version and translations in other languages, the English version shall prevail, unless otherwise required by applicable local laws.
EEA Annex to VITURE Terms of Service
This EEA Annex forms part of the VITURE Terms of Service ("Terms") and provides additional rights and protections for consumers who reside in the European Economic Area (EEA). The provisions of this Annex supplement the main body of the Terms; where any provision of this Annex conflicts with the main body of the Terms, this Annex prevails with respect to EEA consumers.
1. Scope and Application
This Annex applies to you if (a) you reside in a Member State of the European Economic Area, and (b) you are a consumer, meaning a natural person acting for purposes that are outside your trade, business, craft, or profession.
The rights and protections set out in this Annex are in addition to, and do not replace, the rights and protections provided to you under the main body of the Terms or under applicable mandatory consumer protection laws. Nothing in this Annex limits any non-waivable rights you have under the laws of your country of residence.
2. Right of Withdrawal — Physical Goods
2.1 14-Day Right of Withdrawal. As an EEA consumer, you have the right to withdraw from your purchase of physical goods, without giving any reason, within 14 days from the day you receive the goods. We voluntarily extend this period to 30 days under Section 4.4 of the main Terms, which applies in your favor.
2.2 How to Exercise. To exercise your right of withdrawal, you must inform us of your decision by an unequivocal statement (for example, by email to happycustomer@viture.us).
2.3 Effects of Withdrawal. If you withdraw, we will refund all payments received from you, including the costs of standard delivery, without undue delay and in any event within 14 days of receiving your withdrawal notification. We may withhold the refund until we have received the goods back or you have provided evidence of having sent them, whichever is the earlier.
2.4 Returning the Goods. You must send back the goods without undue delay and in any event within 14 days from the day on which you communicate your withdrawal. You will bear the direct cost of returning the goods.
2.5 Diminished Value. You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods. The restocking fee referenced in Section 4.4 of the main Terms does not apply to consumers in the EEA; instead, any deduction from your refund will reflect the actual diminished value of the goods, evaluated on a case-by-case basis.
3. Legal Guarantee of Conformity
3.1 Two-Year Legal Guarantee. As an EEA consumer, you are entitled, free of charge, to a legal guarantee that physical VITURE Products you purchase conform with the contract at the time of delivery and remain in conformity for a period of at least two (2) years from delivery, in accordance with EU Directive 2019/771 and applicable national laws. Some EEA Member States may provide for a longer guarantee period, which will apply in your favor where applicable.
3.2 What "Conformity" Means. A VITURE Product is in conformity with the contract if it meets the description, type, quantity, and quality agreed in the contract, is fit for the purposes for which goods of the same type are normally used, and is supplied with any accessories and instructions the consumer may reasonably expect to receive.
3.3 Remedies. If a VITURE Product does not conform, you are entitled, at your option and at no cost to you, to:
(a) repair of the VITURE Product;
(b) replacement of the VITURE Product;
(c) a proportionate price reduction; or
(d) termination of the contract with a refund.
We may decline a requested remedy (such as repair or replacement) if it would be impossible or would impose disproportionate costs on us compared to an alternative remedy, in which case we will provide an alternative remedy.
3.4 Burden of Proof. Where a lack of conformity becomes apparent within one (1) year from delivery of the VITURE Product, it is presumed to have existed at the time of delivery, unless we can prove otherwise.
3.5 How to Claim. To exercise your rights under this Section, please contact us at happycustomer@viture.us with details of the issue and proof of purchase. We will respond without undue delay and arrange the appropriate remedy.
3.6 Relationship to Other Rights. The legal guarantee under this Section is separate from and in addition to the 30-day return policy in Section 4.4 of the main Terms, the limited manufacturer warranty in Section 4.5 of the main Terms, and the right of withdrawal in Section 2 of this Annex. The disclaimers in Section 16 of the main Terms do not affect or limit your rights under this Section.
4. Updates Obligation
4.1 Provision of Updates. Where a VITURE Product includes digital elements (such as software or firmware), we will inform you of and supply updates, including security updates, that are necessary to keep the VITURE Product in conformity with the contract.
4.2 Your Cooperation. To benefit from continued conformity, you must install updates within a reasonable time after we make them available and notify you of them. If you fail to install an update that we have made available and properly notified you of, we will not be responsible for any lack of conformity resulting solely from that failure, provided that we informed you of the consequences of not installing the update.
4.3 Security Updates. Where an update relates to a security vulnerability or a similar critical issue, it may be installed automatically as described in Section 2.2 of the main Terms.
5. Liability
The limitations and exclusions of liability in Section 18 of the main Terms apply to you to the extent permitted by applicable law. Nothing in the Terms or this Annex limits or excludes any liability of the VITURE Parties that cannot be limited or excluded under the mandatory consumer protection laws of your country of residence, including liability for death or personal injury caused by negligence, fraud, gross negligence, or willful misconduct, or our liability under the legal guarantee in Section 3 of this Annex.
6. Dispute Resolution and Jurisdiction
Before initiating any formal proceedings, we encourage you to contact us at happycustomer@viture.us to attempt to resolve any dispute informally. Disputes that cannot be resolved informally may be brought by you before the competent courts in accordance with applicable EU and national law.
7. Governing Law and Mandatory Rights
The choice of California law in Section 20 of the main Terms applies, except that the mandatory consumer protection laws of your country of residence prevail to the extent applicable.
8. EU Representative
VITURE Inc. has designated the following entity as its EU Representative:
Eden Future NL B.V. Airborne Avenue 79, Office C05 2133LV Hoofddorp, Netherlands
If you have any privacy-related complaints, inquiries, or wish to exercise your rights as a data subject under the GDPR, you may contact us directly at legal@viture.com
For details of how we collect, use, and protect your personal data, please refer to our Privacy Policy.