These Terms of Use ("Terms") govern your use of the Vitalstat application ("App") and related services provided by Nicklas Matthias Wehling ("we", "us", or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using the App, you confirm that you are at least 16 years of age and agree to comply with these Terms. If you do not agree to these Terms, do not use the App.
2. Description of Service
Vitalstat is a health and fitness data aggregation app that displays data from various sources including Polar, Apple Health, Garmin, Oura, and Withings. The App provides health insights, AI-powered analysis, nutrition tracking, and related features. The App is available for iOS, iPadOS, and watchOS.
3. User Accounts
The App uses anonymous authentication. You are not required to provide personal information such as your name, email, or phone number to use the App. You may optionally provide your email address for subscription support purposes. You are responsible for maintaining the security of your device and any accounts linked to the App.
4. Subscriptions and Payments
Vitalstat offers auto-renewable subscriptions to unlock premium features:
- Monthly Plan: Renews every month
- Yearly Plan: Renews every year
Payment is charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the same price.
You can manage or cancel your subscription at any time through your App Store account settings. Any unused portion of a free trial period will be forfeited when you purchase a subscription.
Prices are displayed in your local currency in the App and may vary by region. Price changes will be communicated in advance and require your consent where applicable.
5. Free Trial
We may offer a free trial period for premium features. Trial eligibility is determined by Apple and may be limited to one trial per Apple ID. If you do not cancel before the trial period ends, your subscription will automatically begin and you will be charged the applicable subscription price.
6. Permitted Use
You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the App in any way that violates applicable laws or regulations
- Attempt to reverse engineer, decompile, or disassemble the App
- Interfere with or disrupt the App's servers or networks
- Use automated systems to access the App in a manner that exceeds reasonable use
- Share, resell, or redistribute your subscription access
- Use the leaderboard or social features to harass, abuse, or harm other users
7. Health Disclaimer
The App is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or health condition.
All health data, scores, insights, AI-generated recommendations, and coaching suggestions provided by the App are for informational and educational purposes only. They do not constitute medical advice, diagnosis, or treatment recommendations.
Always consult a qualified healthcare professional before making any decisions based on data displayed in the App, especially regarding exercise intensity, dietary changes, sleep habits, or any health concerns. Never disregard professional medical advice or delay seeking it because of information provided by the App.
8. AI Features
The App includes AI-powered features that generate health insights, recommendations, meal analysis, and recipes using third-party AI services (OpenAI). These features require your explicit consent, which you can grant or revoke at any time in Settings.
AI-generated content may contain inaccuracies and should not be relied upon as the sole basis for health, dietary, or fitness decisions. We do not guarantee the accuracy, completeness, or reliability of AI-generated content.
9. Intellectual Property
The App, including its design, code, features, graphics, content, and branding, is the property of Nicklas Matthias Wehling and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes in accordance with these Terms.
Your health data remains your property. We do not claim ownership of any health, fitness, nutrition, or personal data you generate or import into the App.
10. Third-Party Services
The App integrates with third-party services including Polar, Apple Health, Garmin, Oura, Withings, OpenAI, Firebase, and various food databases. Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or reliability of third-party services.
11. Privacy
Your privacy is important to us. Please refer to our Privacy Policy for detailed information on how we collect, use, store, and protect your data. By using the App, you acknowledge that you have read and understood our Privacy Policy.
12. Limitation of Liability
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or damages arising from your use of or inability to use the App.
The App is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components.
Nothing in these Terms excludes or limits liability for matters that cannot be excluded or limited under applicable law, including liability for intent or gross negligence under German law.
13. Termination
You may stop using the App at any time by deleting it from your device. We reserve the right to suspend or terminate your access to the App if you violate these Terms, with reasonable notice where possible.
Upon termination, your right to use the App ceases immediately. Data stored locally on your device will remain until you delete the App. For deletion of cloud-stored data, please refer to our Privacy Policy.
14. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on our website with a revised "Last Updated" date. Continued use of the App after changes are posted constitutes your acceptance of the updated Terms. For material changes, we will notify you via the App or email (if provided) at least 30 days in advance.
15. Governing Law
These Terms are governed by the laws of the Federal Republic of Germany. If you are a consumer residing in the European Union, you also benefit from any mandatory provisions of the consumer protection laws of your country of residence.
For disputes, the European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obligated and currently not willing to participate in dispute resolution proceedings before a consumer arbitration board.
16. Apple-Specific Terms
If you downloaded the App from the Apple App Store, the following additional terms apply:
- These Terms are between you and Nicklas Matthias Wehling, not Apple. Apple is not responsible for the App or its content.
- Apple has no obligation to provide maintenance or support services for the App.
- In the event of any failure of the App to conform to applicable warranties, you may notify Apple for a refund of the purchase price (if any). Apple has no other warranty obligation.
- Apple is not responsible for addressing any claims relating to the App, including product liability claims, regulatory compliance, or intellectual property infringement.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them.
17. Contact Us
If you have questions about these Terms, please contact:
Nicklas Matthias Wehling
c/o IP-Management #9523, Ludwig-Erhard-Straße 18, 20459 Hamburg, Germany
support@vital-stat.com