Terms of service

OVERVIEW

Welcome to VitalMove! The terms “we,” “our,” and “us” refer to VitalMove. VitalMove operates this store and website, including all associated information, content, features, tools, products, and services, to provide you, as a customer, with a personalized shopping experience (the “Services”). VitalMove is powered by Shopify, which enables us to provide the Services.

These Terms and Conditions, along with any policies referenced herein (the “Terms of Use” or “Terms”), describe your rights and responsibilities when using the Services. Please read these Terms of Use carefully as they contain important information about your legal rights, including disclaimers and limitations of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By accepting these Terms of Use, you represent that you are of legal age in your state or province of residence, and you give consent for any minors under your care to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information provided in our stores is accurate, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and all activities conducted on your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We have made every effort to accurately represent our products and services in our online stores. However, please note that the colors or appearance of products may vary depending on the type of device you use and its settings and configurations.

We do not guarantee that the appearance or quality of products or services purchased will meet your expectations or be identical to what is presented or displayed in our online stores. All product descriptions may be modified at any time without notice, at our sole discretion. We reserve the right to remove any product at any time and to limit quantities offered to any person, geographic region, or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. VitalMove reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not accepted until confirmed by VitalMove. We must receive and process your payment before your order is accepted.

Please carefully review your order before submitting it, as VitalMove may not be able to accommodate cancellation requests after the order is accepted. In the event we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of order.

Your purchases are subject to our Refund Policy [LINK]. You represent and warrant that your purchases are for personal or household use and not for resale or commercial export.

SECTION 4 - PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the one in effect at the time of the order, as indicated in the order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping, handling, or import fees.

Prices displayed in our online stores may differ from those offered in physical stores or on other platforms. We may offer promotions subject to separate terms. In case of a conflict, the specific promotion terms will prevail.

You agree to provide accurate, complete, and up-to-date purchase, payment, and account information for all purchases. You also agree to promptly update such information if necessary.

You represent and warrant that:
(i) the credit card information provided is accurate and complete,
(ii) you are authorized to use the payment method,
(iii) charges will be honored by your financial institution, and
(iv) you will pay all amounts due, including shipping fees and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs procedures, or any events beyond our control. Once products are delivered to the carrier, risk is transferred to the buyer.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, content, text, images, graphics, product reviews, videos, and audio, as well as their design and organization, are the property of VitalMove, its affiliates, or licensors and are protected by applicable intellectual property laws.

These Terms grant you permission to use the Services only for personal, non-commercial purposes. You may not reproduce, distribute, modify, publicly display, or exploit any content without prior written permission.

The names, logos, products, and slogans of VitalMove are trademarks. Shopify’s are trademarks as well. Unauthorized use is prohibited.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools that we do not control. You acknowledge that these tools are provided “as is” and “as available,” without warranty. We disclaim all responsibility for your use of these tools. Any use of these tools is at your own risk.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for their content, accuracy, or functionality. Accessing these sites is at your own risk. We are not liable for any damages related to the use of third-party services or products.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTE: This section correctly describes the relationship with Shopify and should not be modified.] VitalMove is powered by Shopify, which enables us to provide the Services. However, all sales are conducted directly with VitalMove. By using the Services, you acknowledge that Shopify is not responsible for transactions between you and VitalMove. You release Shopify from any liability related to these transactions.

SECTION 10 - PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy [LINK], as well as Shopify’s. By using the Services, you acknowledge having read these policies.

Because the Services are hosted by Shopify, some data may be collected and processed by Shopify to improve the Services. Information you provide may be transferred and processed in other countries to facilitate the provision of the Services. See our Privacy Policy [LINK] for details.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, reviews, ratings, proposals, plans, or other content (collectively, “Feedback”), you grant us a worldwide, perpetual, transferable, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback on any media and for any purpose, including commercial purposes.

For example, we may use these rights to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use.

You also represent and warrant that:
(i) you own all Feedback or have all necessary rights,
(ii) you have disclosed any compensation or incentives received in connection with submitting Feedback, and
(iii) your Feedback complies with these Terms.

We are not obligated to:
(1) maintain the confidentiality of your Feedback,
(2) pay you any compensation, or
(3) respond to your Feedback.

We may, but are not required to, monitor, modify, or remove any Feedback that we deem, at our sole discretion, illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms.

You agree that your Feedback does not violate any third-party rights, including copyright, trademark, privacy, or other personal or property rights. You also agree that your Feedback contains no defamatory, unlawful, abusive, or obscene content, nor any computer virus or other harmful code.

You may not use a false email address, pretend to be someone else, or misrepresent the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim any liability regarding Feedback posted by you or others.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

From time to time, the Services may contain typographical errors, inaccuracies, or omissions, including product descriptions, pricing, promotions, offers, shipping fees, delivery times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update information or cancel orders if information is inaccurate, at any time and without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not use the Services, directly or indirectly:
(a) for illegal or malicious purposes;
(b) to violate any applicable law or regulation;
(c) to infringe our or third-party intellectual property rights;
(d) to harass, abuse, insult, defame, threaten, or harm any person;
(e) to transmit false or misleading information;
(f) to use content not in compliance with these Terms;
(g) to send spam, chain letters, or similar solicitations;
(h) to impersonate any person or entity;
(i) for any other activity that harms the Services or their users.

Additionally, you agree not to:
(a) transmit viruses or malicious code;
(b) reproduce, copy, or exploit the Services;
(c) collect personal data of others;
(d) engage in spam, phishing, or other fraudulent practices;
(e) use robots, scrapers, automated tools, or AI to access the Services;
(f) circumvent security measures or access restrictions.

We reserve the right to suspend or terminate your account without notice for violation of these Terms.

SECTION 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use or authorize the use of an Agent to access the Services. An “Agent” refers to any software or service acting autonomously or semi-autonomously.

14.2 No Agent may access the Services without clearly identifying itself and complying with the requirements below.

14.3 We may limit or control Agent access to the Services.

14.4 Agents must:
(i) identify themselves in each request as “Agent/[agent name]”;
(ii) not conceal their automated nature;
(iii) respond truthfully to any inquiries regarding their nature;
(iv) not circumvent security measures or restrictions.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services at any time, without notice. You remain responsible for all amounts due up to the termination date.

The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provision that by nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information provided on or through the Services is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance on such information is at your own risk. We disclaim any liability arising from your or others’ use of this information.

EXCEPT AS EXPRESSLY PROVIDED BY VitalMove, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMER OF WARRANTIES, IN WHICH CASE THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VitalMove, ITS PARTNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, SAVINGS, OR DATA, RESULTING FROM THE USE OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THEM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless VitalMove, Shopify, and their affiliates, partners, officers, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorney’s fees, arising from:
(1) your violation of these Terms;
(2) your violation of any law or third-party rights;
(3) your use of the Services.

We will notify you of any claim unless doing so would cause you harm. We may manage the defense at your expense, but without accepting non-monetary obligations without your consent. You agree to cooperate in the defense.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be illegal, void, or unenforceable, it will be enforced to the maximum extent permitted by law, and the remaining provisions will remain unaffected.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Failure to exercise a right does not constitute a waiver of that right. These Terms and any associated policies constitute the entire agreement between you and us, superseding any prior agreements. Any ambiguity will not be interpreted against the drafting party.

SECTION 21 - ASSIGNMENT

You may not assign or transfer your rights or obligations without our prior written consent. Any attempt will be void. We may assign our rights and obligations without your consent or notice.

SECTION 22 - GOVERNING LAW

These Terms are governed and interpreted in accordance with the laws of the jurisdiction where VitalMove is established. You agree to the jurisdiction of the courts in that jurisdiction.

SECTION 23 - HEADINGS

Headings are provided for convenience only and do not affect the interpretation of the Terms.

SECTION 24 - CHANGES TO TERMS OF USE

You may review the most current version of the Terms at any time on this page. We reserve the right to modify these Terms at any time. It is your responsibility to review this page regularly. Any material changes will be notified to you in accordance with applicable law. Your continued use of the Services constitutes acceptance of the changes.

SECTION 25 - CONTACT INFORMATION

For any questions regarding the Terms of Use, you can contact us at:
celestinjuniordongmo@gmail.com