Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the products and services provided by SoBe Therapy Co (“Vita-Fem™”) including the website, mobile application, content, educational materials, wellness tools, and related services (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

If you are using the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms.

Eligibility

The Services are intended solely for individuals who are at least eighteen (18) years of age. You may not use the Services if:

• you are under eighteen (18) years of age;
• your use of the Services is prohibited by applicable law; or
• you have previously been suspended or removed from the Services.

By using the Services, you represent and warrant that you satisfy these eligibility requirements.

Description of Services

Vita-Fem™ provides wellness-related products and services intended to support users in managing and understanding certain wellness, lifestyle, and symptom-related concerns. The Services may include:

• educational content;
• symptom tracking tools;
• wellness assessments;
• personalized wellness recommendations;
• product recommendations;
• mobile application functionality;
• customer support services.

The Services are provided solely for informational, educational, and wellness purposes.

Important Medical Disclaimer

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. The Services, including any symptom tracking tools, wellness recommendations, coaching content, assessments, educational materials, articles, communications, and product recommendations, are provided solely for informational and educational purposes. Nothing contained in the Services constitutes:

• medical advice;
• diagnosis;
• treatment;
• clinical care;
• mental health treatment;
• nursing services;
• healthcare services; or
• professional medical judgment.

You should always seek the advice of a qualified healthcare provider regarding any medical condition or treatment decision INCLUDING TAKING ANY SUPPLEMENTS AND PRESCRIPTION MEDICATIONS. Never disregard professional medical advice or delay seeking medical care because of information obtained through the Services.

No Physician-Patient or Healthcare Relationship

Your use of the Services does not create any:

• physician-patient relationship;
• healthcare provider-patient relationship;
• therapist-patient relationship;
• fiduciary relationship; or
• other professional healthcare relationship

between you and Vita-Fem™ or any of its personnel. No healthcare services are provided through the Services.

The Services are not intended for emergency or urgent medical situations. If you believe you may be experiencing a medical emergency, contact emergency services immediately or seek care from a qualified healthcare provider. Do not rely on the Services for emergency medical needs.

User Accounts

Certain features may require creation of an account. You agree to:

• provide accurate and complete information;
• keep your credentials confidential;
• maintain and update your information;
• promptly notify Vita-Fem™ of unauthorized account use.

You are responsible for all activity occurring under your account. Vita-Fem™ reserves the right to suspend or terminate accounts that violate these Terms.

Rewards, Promotions, and Giveaways

Vita-Fem™ may, from time to time, offer rewards, promotional items, discounts, giveaways, challenges, or similar promotional opportunities in connection with use of the Services, including participation in wellness routines, symptom tracking, educational activities, or other engagement features.

Participation in any reward, giveaway, challenge, sweepstakes, contest, or promotional program is subject to these Terms and any additional official rules, eligibility criteria, promotional terms, or disclosures provided at the time of the promotion. In the event of a conflict between these Terms and the official rules or promotional terms, the official rules or promotional terms will control.

Unless expressly stated otherwise, rewards and promotional items have no cash value, are non-transferable, may not be substituted or redeemed for cash, and may be modified, suspended, or discontinued at any time in Vita-Fem™’s reasonable discretion. Vita-Fem™ reserves the right to verify eligibility, disqualify users who violate these Terms or applicable promotional rules, and withhold or revoke rewards in cases of fraud, misuse, abuse, technical error, or other improper conduct.

Rewards or giveaways based on use of the Services are intended to encourage engagement and wellness routine consistency only. They do not constitute medical advice, treatment, a guarantee of health outcomes, or a representation that completing any regimen will result in any particular symptom, health, hormone-related, or wellness result.

Where required by law, sweepstakes or chance-based promotions will be governed by separate official rules and will include any required alternative method of entry. No purchase will be required to enter or win any sweepstakes unless otherwise permitted by applicable law.

By participating in a rewards or promotional program, you acknowledge that Vita-Fem™ may use information related to your participation, app engagement, and eligibility for the purpose of administering the program, verifying eligibility, preventing fraud or abuse, providing rewards, and complying with applicable law, in accordance with the Privacy Policy and any applicable Consumer Health Data Privacy Notice.

You are responsible for any taxes, fees, or other costs associated with any reward, prize, or promotional item you receive, except where prohibited by law.

User Health Information and Symptom Tracking

You may choose to provide symptom information, wellness information, lifestyle information, and other personal information through the Services. You acknowledge and agree that:

• information entered into the Services is provided by you;
• Vita-Fem™ does not verify the accuracy of information you provide;
• recommendations generated by the Services depend upon information entered by you;
• inaccurate information may result in inaccurate outputs or recommendations.

You are solely responsible for the accuracy and completeness of information submitted through the Services.

Personalized Recommendations

The Services may provide personalized recommendations, insights, educational content, reminders, or wellness suggestions based upon information you provide. These recommendations:

• are informational only;
• are not medical advice;
• do not constitute diagnosis or treatment;
• should not be relied upon as a substitute for professional medical judgment.

No recommendation or suggestion provided through the Services guarantees any particular health, wellness, or symptom-related outcome.

Purchases and Products

All purchases are subject to product availability. Vita-Fem™ reserves the right to:

• modify products;
• discontinue products;
• limit quantities;
• refuse orders.

Product descriptions are provided for informational purposes only. Individual results may vary.

Statements regarding dietary supplements have not been evaluated by the U.S. Food and Drug Administration unless expressly stated otherwise.

Subscriptions

Subscription orders renew automatically on the cadence you select at checkout. You may skip, pause, or cancel your subscription at any time from your account dashboard. Cancellation of a subscription does not entitle you to a refund of prior charges. Full details are set out in our Subscription Policy, which is incorporated into these Terms by reference.

Shipping and Returns

Shipping, return, and refund terms are governed by our Shipping Policy and Refund Policy, which are incorporated by reference into these Terms.

Intellectual Property

The Services and all content made available through the Services, including text, graphics, software, algorithms, wellness methodologies, trademarks, logos, videos, educational materials, and other content, are owned by Vita-Fem™ or its licensors and are protected by applicable intellectual property laws. No ownership rights are transferred to you.

User Content

You retain ownership of content you submit through the Services. By submitting content, you grant Vita-Fem™ a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, modify, display, and otherwise use such content as necessary to operate, maintain, improve, and provide the Services. You represent and warrant that you have all rights necessary to provide such content.

Research, Analytics, and De-Identified Information

In order to operate, maintain, improve, and develop the Services, Vita-Fem™ may use information collected through the Services, including symptom-tracking information, wellness information, user engagement information, and other data provided by users, for research, analytics, quality assurance, product development, statistical analysis, and related business purposes.

To the extent permitted by applicable law, Vita-Fem™ may aggregate, anonymize, de-identify, or otherwise process information so that it can no longer reasonably be used to identify an individual. Vita-Fem™ may use and disclose such aggregated, anonymized, or de-identified information for lawful purposes, including scientific research, product development, service improvement, trend analysis, benchmarking, publication of research findings, and educational purposes.

You acknowledge and agree that Vita-Fem™ may use information derived from your use of the Services for these purposes in accordance with applicable law and the Vita-Fem™ Privacy Policy.

Nothing in this section permits Vita-Fem™ to use or disclose identifiable personal information in a manner inconsistent with the Privacy Policy or applicable law.

Prohibited Conduct

You agree not to:

• violate any applicable law in the use of the Services;
• interfere with the operation of the Services;
• attempt unauthorized access to systems connected to the Services;
• use automated means to scrape data connected to the Services;
• copy or reproduce content without authorization;
• use the Services for unlawful, fraudulent, or harmful purposes;
• upload malicious code;
• impersonate another person in the use of the Services.

Third-Party Services

The Services may contain links to third-party websites or services. Vita-Fem™ does not control and is not responsible for third-party content, services, privacy practices, or terms. Your interactions with third parties are solely between you and the third party.

Privacy

Please refer to our Privacy Policy for information regarding how we collect, use, and disclose information about you. Your use of the Services is subject to the Privacy Policy, which is incorporated into these Terms by reference.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” VITA-FEM™ DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY. VITA-FEM™ DOES NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED;
• THE SERVICES WILL BE ERROR-FREE;
• ANY RECOMMENDATION WILL PRODUCE A PARTICULAR RESULT;
• THE SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VITA-FEM™ AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES AND VITA-FEM’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• ONE HUNDRED U.S. DOLLARS ($100); OR
• THE AMOUNT YOU PAID TO VITA-FEM™ DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless Vita-Fem™ and its affiliates, officers, employees, agents, licensors, and service providers from any claims, damages, losses, liabilities, costs, and expenses arising out of:

• your use of the Services;
• your violation of these Terms;
• your violation of applicable law;
• content you submit through the Services.

Dispute Resolution; Mandatory Mediation and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, PARTICIPATE IN A CLASS ACTION, OR HAVE A CLAIM HEARD BY A JURY.

Informal Dispute Resolution

Before initiating mediation, arbitration, or any legal proceeding, you and Vita-Fem™ agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (each, a “Dispute”) through good-faith informal negotiations.

The party initiating the Dispute must provide written notice describing the nature of the Dispute, the factual basis for the claim, and the relief sought. The parties agree to attempt to resolve the Dispute informally for at least thirty (30) days following receipt of such notice.

Mandatory Mediation

If the Dispute is not resolved through informal negotiations, the parties agree to participate in confidential, non-binding mediation administered by JAMS pursuant to its then-current mediation procedures before either party may initiate arbitration.

The mediation shall be conducted remotely unless the parties agree otherwise. Each party shall bear its own costs associated with mediation and shall share equally the mediator’s fees unless otherwise required by applicable law.

Binding Arbitration

If the Dispute is not resolved through mediation within sixty (60) days after mediation is requested, the Dispute shall be resolved exclusively through final and binding arbitration administered by JAMS pursuant to its then-current Arbitration Rules and Procedures or Streamlined Arbitration Rules and Procedures, as applicable. The arbitration shall be conducted before a single arbitrator.

Unless otherwise required by applicable law, the arbitration shall take place in Florida although either party may elect to participate remotely where permitted by the applicable arbitration rules.

The arbitrator shall have exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration provision, including any claim that all or part of this provision is void or voidable.

The arbitrator may award any remedy available under applicable law on an individual basis but may not award relief on behalf of any other person or entity.

The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action and Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND VITA-FEM™ AGREE THAT:

• ALL DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS;
• NEITHER PARTY MAY PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE ACTION;
• THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE INDIVIDUALS;
• THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING;
• EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

Exceptions

Nothing in this Section shall prevent either party from:

• seeking temporary, preliminary, or injunctive relief to prevent actual or threatened misuse of intellectual property, confidential information, or proprietary rights;
• pursuing an individual claim in small claims court where jurisdiction and procedural requirements are satisfied; or
• seeking relief where arbitration is prohibited by applicable law.

Severability

If any portion of this Section is found to be unenforceable, the remaining provisions shall remain in full force and effect, except that if the class action waiver is determined to be unenforceable with respect to a particular claim, then that claim shall proceed in a court of competent jurisdiction and not in arbitration.

Consumer Rights

Nothing in this Section is intended to limit any non-waivable rights or remedies that may be available to consumers under applicable law, including consumers located in jurisdictions where mandatory arbitration or class action waivers are restricted or prohibited.

International Users

The Services are controlled and operated from the United States and are intended solely for residents of the United States. By accessing or using the Services, you represent and warrant that you are physically located in the United States and that your use of the Services complies with all applicable laws. Vita-Fem™ does not represent that the Services are available, or compliant with the laws of any jurisdiction outside the United States, and Vita-Fem™ does not actively market or direct the Services to individuals located outside the United States unless expressly stated otherwise.

If you choose to access or use the Services from a location outside the United States, you do so on your own initiative and are solely responsible for compliance with any local laws that may apply to your use of the Services.

Nothing in these Terms is intended to exclude, restrict, or limit any rights or remedies that may not be lawfully excluded, restricted, or limited under applicable law. Vita-Fem™ reserves the right, in its sole discretion, to restrict access to all or part of the Services in any jurisdiction where such access or use would be unlawful or where Vita-Fem™ elects not to offer the Services.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of laws principles.

Changes to the Services

Vita-Fem™ may modify, suspend, discontinue, or update the Services at any time. Vita-Fem™ may modify these Terms from time to time. Continued use of the Services following any update constitutes acceptance of the revised Terms.

Termination

Vita-Fem™ may suspend or terminate your access to the Services at any time if it reasonably believes that you have violated these Terms or applicable law. Upon termination, provisions that by their nature should survive termination shall survive.

Contact Information

Questions regarding these Terms may be directed to:

SoBe Therapy Co
501 Silverside Rd, Ste 105 #5412
Wilmington, DE 19809
United States
contact@vita-fem.com