Terms & Conditions

1. Acceptance of terms

Welcome to VitaGuardian. These Terms & Conditions ("Terms") are a legally binding agreement between you ("you", "your") and Infin8 Plus Pty Ltd (ABN 83 652 827 382), an Australian company ("Company", "we", "us", "our"). They govern your use of the VitaGuardian mobile application (the "App") and the website at vitaguardian.com (the "Website", together the "Services").

By downloading, installing, accessing, or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Services.

2. What VitaGuardian is and is not

VitaGuardian is a wellness application that brings your wearable readings, blood work, supplements, and medications together in one place and provides informational wellness insights about your own data.

3. Eligibility

You must be at least 18 years of age to create an account and use the Services. By using the Services, you represent that you are at least 18 and have the legal capacity to enter into these Terms.

4. Account registration and security

When creating an account, you agree to:

• Provide accurate, current, and complete information, and keep it up to date
• Keep your login credentials secure, as you are responsible for activity under your account
• Tell us immediately at info@vitaguardian.com if you become aware of unauthorised use of your account

We may suspend or terminate your account if information you provide proves inaccurate, outdated, or incomplete.

5. Subscriptions, free trial, and payment

5.1 The free tier

VitaGuardian is free to use, permanently. The free tier is the full app: your daily scores, recovery and sleep, Health Radar, journal, supplements, workouts, and blood work, with your history view limited to the most recent 30 days on a rolling basis. The free tier is not a trial: it does not expire, and nothing you record is ever deleted because of it.

5.2 VitaGuardian Hero

A Hero subscription unlocks your history beyond 30 days across the App: the full calendar, longer trend ranges (3 months, 6 months, 1 year, and custom), comparisons to previous periods, pattern analysis over a wider sample, workout and journal history, and blood panels older than 30 days.

5.3 Free trial

New subscribers get a 7-day free trial of VitaGuardian Hero, offered through the app store you download from. On the App Store this is Apple's introductory offer. Your payment method is confirmed when you start the trial, and the subscription price is charged when the trial ends unless you cancel at least 24 hours before then. If you do not continue with Hero, the App simply returns to the free tier: nothing is deleted, and your history view narrows back to the most recent 30 days.

5.4 Plans and pricing

• Hero Monthly: $4.99 (or local App Store equivalent) per month
• Hero Annual: $47.99 (or local App Store equivalent) per year (a 20% saving)*

The app store you buy through sets an equivalent price for each country's storefront, so the amount you pay is the price shown in that store at the time of purchase, including any applicable taxes, and not a currency conversion of the figures above. The price displayed at purchase is the price you pay.

* If you subscribe to the annual plan during the founding subscriber period, your price is held for two years. See Section 5.8.

5.5 Auto-renewal and cancellation

Subscriptions renew automatically at the end of each billing period unless cancelled at least 24 hours before the period ends. Cancel any time in the subscription settings of the store you bought through. On an iPhone or iPad that is Settings, then your Apple Account, then Subscriptions. On Android it is the Play Store app, under Payments and subscriptions. Cancelling is as simple as subscribing, with no phone call or email required. Cancellation takes effect at the end of the current billing period, after which the App returns to the free tier with your data intact. Your app store sends renewal receipts and, where the law requires, renewal reminders.

5.6 Payment and refunds

Payments are processed by the app store you bought through, using the payment method held on your account with that store. We never see your payment details. Refund requests are handled by that store under its own refund policy, which for the App Store means Apple and for Google Play means Google. Nothing in this section limits your statutory rights, including under the Australian Consumer Law or, if you are in the UK or EU, your consumer rights for digital content and services.

5.7 Price changes

If we change subscription pricing, we will give you advance notice in accordance with your app store's policies and applicable law; changes take effect from your next billing period, and where the law or Apple's policies require your consent, no change applies unless you agree to it. Section 5.8 sets out an exception for founding subscribers.

5.8 Founding subscriber rate

If you hold an active annual VitaGuardian Hero subscription purchased during the founding subscriber period, we will not increase the price of the annual Hero plan for you for two years from the date of that purchase, for as long as you remain continuously subscribed to that plan. In practice this covers your first year and your first renewal at the same price.

After that two-year period, the price then current for the annual Hero plan applies. If we increase the price at that point, your app store will notify you in advance and, depending on the store and the size of the increase, may ask you to confirm before your subscription renews. You can cancel at any time. This commitment is given by us under these Terms and does not depend on any particular store's notification process.

The founding subscriber period runs until we announce that it has closed. We will publish notice on this page before the closure takes effect, and subscriptions purchased before that date keep the two-year rate described above.

This applies to the VitaGuardian Hero tier only. It does not apply to any other subscription tier we may introduce above or alongside Hero, nor to any other product or service, including hardware, laboratory or testing services, genetic analysis, or marketplace purchases. Each will be priced separately at the time it is offered.

If you change to a different plan or tier, or your subscription lapses and you later resubscribe, the price then current for that plan will apply.

The annual Hero plan is A$47.99 at the time of writing. Prices are charged in your local storefront currency by the store you bought through, and that store may adjust its own currency conversions and tax handling independently of us.

6. Health disclaimer

7. Your responsibilities

As a user of VitaGuardian, you agree to:

• Provide accurate and truthful information when entering health data into the App
• Use the App as a supplementary informational tool alongside professional medical guidance, not instead of it
• Use the Services in compliance with applicable laws
• Not reverse engineer, decompile, or attempt to derive the source code of the App
• Not use the Services for any unlawful, harmful, or fraudulent purpose
• Not interfere with or disrupt the integrity or performance of the Services

8. Intellectual property

All content, features, design, text, graphics, logos, software, algorithms, and other materials within the Services are owned by Infin8 Plus Pty Ltd or its licensors and are protected by Australian and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Services for personal, non-commercial purposes in accordance with these Terms. You may not reproduce, distribute, modify, or create derivative works from the Services or their content without our written permission.

9. Third-party services

The Services rely on third-party platforms, including Apple (Apple Health, App Store, StoreKit) and Google (Firebase). Your use of those platforms is also governed by their own terms and privacy policies. We are not responsible for third-party services we do not control.

10. Limitation of liability

Nothing in these Terms excludes, restricts, or modifies: any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or, if you are in the UK or EU, any consumer right that cannot lawfully be excluded; liability for death or personal injury caused by our negligence; liability for fraud or fraudulent misrepresentation; or liability under applicable data protection law.

Subject to the paragraph above, and to the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill
• We are not liable for health decisions or outcomes arising from reliance on informational insights contrary to the disclaimers in these Terms
• We are not liable for errors, inaccuracies, or omissions in insights, or for unauthorised access to your data or transmissions beyond our reasonable control

Subject to the first paragraph of this section, our total liability for all claims arising from or relating to these Terms or your use of the Services is capped at the greater of the amount you paid us in the twelve (12) months before the claim or fifty Australian dollars (AUD $50.00).

11. Termination

We may suspend or terminate your account for breach of these Terms, fraudulent or unlawful activity, or conduct harmful to other users. Where reasonable, we will give you notice and a chance to put things right first. You may stop using the Services and delete your account at any time from within the App. If we terminate without cause while you have an active paid subscription, you will be entitled to a pro-rata refund of the unused portion through the store you bought through.

12. Dispute resolution and governing law

If a dispute arises, contact us first at info@vitaguardian.com, and we will try to resolve it informally within 30 days. If that fails, either party may pursue formal proceedings.

These Terms are governed by the laws of Queensland, Australia, and disputes are subject to the non-exclusive jurisdiction of the courts of Queensland. If you are a consumer in the UK, the EU, or elsewhere, nothing in this section deprives you of the protection of mandatory consumer laws of your country of residence or of your right to bring proceedings in your local courts where that right cannot be excluded.

13. Privacy

Our handling of your personal information, including your health data, is governed by our Privacy Policy, which forms part of these Terms. In short: your Apple Health readings stay on your device; the blood results, journal entries and supplements you enter are backed up to your account so you do not lose them; the only things the App writes back to Apple Health are the activities and weights you enter yourself; and we will never sell your data.

14. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the effective date above and give you notice through the App or by email before they take effect. If you keep using the Services after that date, the updated Terms apply. If you do not agree to a change, you can cancel your subscription and stop using the Services.

15. Contact

Infin8 Plus Pty Ltd
ABN: 83 652 827 382
Email: info@vitaguardian.com
Website: https://www.vitaguardian.com