The following terms and conditions govern all use of the VitaWiz Services, website and all content,
services and products available at, or through, the Firebase domain vitawiz.web.app (the “Website”),
including, but not limited to, the VitaWiz user management service (collectively with the Website,
the “Services”). The Services are offered subject to your acceptance, without modification, of
all of the terms and conditions contained herein and all other operating rules, policies,
and procedures that may be published from time to time on this Website by VitaWiz
(collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Services. By accessing or using any
part of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not
agree to all the terms and conditions of this Agreement, then you may not access or use the Services.
If these terms and conditions are considered an offer by VitaWiz, acceptance is expressly limited to
these terms.
1. Your VitaWiz Account.
If you create an account for the Services, you are responsible for maintaining the security of your account,
and you are fully responsible for all activities that occur under the account and any other actions taken in
connection with the account. You must immediately notify VitaWiz of any unauthorized uses of your account or
any other breaches of security. VitaWiz will not be liable for any acts or omissions by you, including any
damages of any kind incurred as a result of such acts or omissions. You must be a human. Accounts registered by
"bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address,
and any other information requested in order to complete the sign-up process. You must not, in the use of the
Services, violate any laws in your jurisdiction and in the Republic of South Africa (including but not limited to
copyright or trademark laws). You must not create more than one account.
2. Support
The Services includes access to email support. "Email support" means the ability to make requests for technical support
assistance by email at any time (with reasonable efforts by VitaWiz to respond within three business days)
concerning the use of the Services. All VitaWiz support will be provided in accordance with VitaWiz standard
practices, procedures, and policies.
3. VitaWiz API
Any use of the VitaWiz application programming interface (the “API”), including use of the API through a third-party product that accesses the Services, must comply with this Agreement including the following terms:
- Damage and liability
You expressly understand and agree that VitaWiz shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if VitaWiz has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Discontinuation.
VitaWiz reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice, for any or no reason.
4. Copyright Infringement.
As VitaWiz asks others to respect its intellectual property rights, it respects the intellectual property rights
of others. If you believe that material located on or linked to by VitaWiz violates your copyright, you are
encouraged to notify VitaWiz. VitaWiz will respond to all such notices, including as required or appropriate
by removing the infringing material or disabling all links to the infringing material. VitaWiz will terminate
a visitor's access to and use of the Services if, under appropriate circumstances, the visitor is determined
to be a repeat infringer of the copyrights or other intellectual property rights of VitaWiz or others.
5. Intellectual Property.
VitaWiz does not transfer to you any VitaWiz or third-party intellectual property, and all right, title
and interest in and to such property will remain (as between the parties) solely with VitaWiz.
VitaWiz, the VitaWiz logo, and all other trademarks, service marks, graphics and logos used in connection
with VitaWiz, or the Services are trademarks or registered trademarks of VitaWiz or VitaWiz licensors.
Other trademarks, service marks, graphics and logos used in connection with the Services may be the
trademarks of other third parties. Your use of the Services grants you no right or license to reproduce
or otherwise use any VitaWiz or third-party trademarks.
6. Use License - Under this license you may not:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the RSA or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement.
- To impersonate or attempt to impersonate VitaWiz, a VitaWiz employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm VitaWiz or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without VitaWiz’s prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Attempt to decompile or reverse engineer any software contained on the Website or API.
- Otherwise attempt to interfere with the proper working of the Website.
Your license to use the Services shall automatically terminate if you violate any of these prohibitions or restrictions and may be terminated by VitaWiz at any time, in its sole discretion.
7. Termination
VitaWiz may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement, you may simply discontinue using the Services.
8. Limitation of Liability.
In no event will VitaWiz, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to VitaWiz under this Agreement during the twelve (12) month period prior to the cause of action. VitaWiz shall have no liability for any failure or delay due to matters beyond or not within their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
9. Indemnification.
You agree to indemnify and hold harmless VitaWiz, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
Last modefied: August 3rd, 2020
