These UNIVERSAL TERMS OF SERVICE are an agreement which sets forth the terms and conditions (collectively, the “UToS”) governing the use of the products, services, websites (corevitals.com) and/or mobile-optimized versions of the website to which the UToS are linked (collectively, the “Website”), all of which are owned or operated by CoreVitals, its parent, subsidiaries, affiliates and/or brands (collectively, "Company" or "CoreVitals"), by a Website visitor, user, customer, customer end-user, and/or the party set forth in the related Company order form ("Customer", "you", or "your"), which is incorporated herein by this reference (together with any subsequent order forms submitted by Customer to Company, collectively, the “Order”) and applies to Customer’s use and/or purchase(s) of any products, software, applications or other electronic or web-based services ordered by Customer on the Order (each a “Product” and collectively, the “Products”). The term “Website” also includes and is not limited to any subdomains of the Website and any content, code, data, services, products, features or functionality made available from or through the Website and Dashboards. Company reserves the right to and may change the UToS from time to time, at any time without notice to you or Customer, by any means and without liability to you or to any third party. Any modifications will be published on this page. It is your responsibility to review the most recent version of this UToS.
1. Modification to Products and Agreements
Company reserves the right to modify, change, or update any aspect of the Products, Websites, or Agreements, including pricing and fees, at any time without notice. Customer’s continued use after such changes constitutes acceptance of the modified Agreements as of the “Last Updated” date.
Company may migrate Customer to the most up-to-date version of a Product at its discretion. Customer agrees to take full responsibility for any loss or damage arising from such migration.
2. Reservation of Rights & Intellectual Property
Nothing in this Agreement grants Customer any right, title, or interest in or to Company’s Intellectual Property Rights. All right, title, and interest in and to the Website and Products remain exclusively with the Company. Customer shall not, directly or indirectly, reverse engineer, decompile, or disassemble the Products.
3. Authority to Contract
Customer represents and warrants that they are at least eighteen (18) years of age and are legally able to form binding contracts. If entering this agreement on behalf of a legal entity, Customer represents they have the legal authority to bind such entity.
4. Customer Accounts & Conduct
Customer is solely responsible for all activity occurring under their account. Customer must maintain accurate account information and notify Company immediately of any security breaches. Unprofessional conduct, threats, or abusive language toward Company employees will not be tolerated and may result in immediate account termination.
5. Protection of Customer Data
Company offers Products involving the processing of Personal Data. Our Data Processing Addendum (DPA), incorporated here by reference, ensures robust mechanisms for data privacy compliance, including transfers from the EEA to third countries.
6. Availability of Services
Company shall use commercially reasonable efforts to attempt to provide the Website and Products available at least 99% of the time monthly. However, uptime is not a guarantee, and Company assumes no liability for inaccessibility due to maintenance, equipment malfunction, or digital transmission failures.
7. Billing, Payment, and Auto-Renewal
Customer agrees to pay all amounts due at the time of order. All amounts are non-refundable unless noted otherwise in writing.
- Auto-Renewal: To prevent service interruption, Products are offered on an automatic renewal basis. Company will charge the payment method on file at then-current rates unless Customer cancels the renewal via the Customer Account.
- Late Fees: Invoices unpaid seven (7) days after the Due Date may incur a $25.00 late fee. Termination may occur if payments remain past due for 30 days.
8. Term, Termination, and Cancellation
The Initial Term is set forth in the Order. Agreements automatically renew unless either party provides written notice of non-renewal at least ninety (90) days prior to the expiration of the current term. Customer cancellation prior to the end of a term may be subject to a minimum $50.00 early cancellation fee.
9. Disclaimer of Representations and Warranties
10. Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. COMPANY’S MAXIMUM LIABILITY SHALL NOT EXCEED THE ACTUAL DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCTS DURING THE 12-MONTH PERIOD PRIOR TO THE CLAIM, OR $1,000.00 USD, WHICHEVER IS LESS.
11. Governing Law & Dispute Resolution
This Agreement shall be governed by the laws of the State of Florida. Any dispute arising out of this Agreement shall be resolved exclusively by final and binding arbitration administered by the AAA in Pinellas County, Florida.
Class Action Waiver: Each party agrees that any proceeding shall be conducted solely on an individual basis and not in any class, consolidated, or representative action.
12. U.S. Export Laws
Customer shall comply with all U.S. Export Laws and shall not use the Products to collect or transmit technical data controlled under such laws. Access to the Products from embargoed countries is strictly prohibited.