Terms of Service

AGREEMENT TO OUR LEGAL TERMS

We are Vitola (the “Company,” “we,” “us,” or “our”), a company pending registration in Ohio, United States at NORTH RIDGEVILLE, OH 44039. We operate the mobile application “Vitolá” (the “App”), as well as related products and services that refer or link to these legal terms (the “Legal Terms”) (together, the “Services”).

You can contact us by phone at +1 (440) 610-1538, email at officialvitola@gmail.com. These Legal Terms constitute a legally binding agreement between you and Vitola concerning your access to and use of the Services. By accessing the Services, you acknowledge that you have read, understood, and agree to be bound by these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

Users will receive an in-app notification/alert if the Terms of Service are updated and will be required to accept the updated terms to continue using the Services.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws to the extent local laws are applicable.

Vitola complies with applicable regulations governing tobacco-related content, age restrictions, and advertising standards. By using Vitola, you confirm you are 21+ and agree not to use the platform in any manner that violates applicable laws. Vitola does not facilitate the sale of tobacco products.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world. The Content and Marks are provided “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms (including the Prohibited Activities section), we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purpose. Except as set out in these Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

Some product images displayed in the App may be sourced from third parties or the public web and are used under fair use or for informational purposes. Vitola does not claim ownership of third-party intellectual property. If you believe any material infringes your rights, please notify us and we will promptly remove it.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside and, for Vitola, you are at least 21 years old; (5) you will not access the Services through automated or non-human means (bots, scripts, etc.); (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to recurring charges to your payment method until you cancel. The length of your billing cycle depends on the plan you select.

Cancellation

For Apple App Store subscriptions, billing is managed by Apple and cancellations must be made in your Apple ID settings. For Google Play, billing is managed by Google and cancellations must be made in the Play Store. Your cancellation takes effect at the end of the current paid term. For help, contact officialvitola@gmail.com.

Fee Changes

We may change subscription fees from time to time and will communicate any price changes in accordance with applicable law.

6. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. Prohibited conduct includes, without limitation: (a) systematic retrieval of data to create a compilation or database without our written permission; (b) attempting to trick, defraud, or mislead users or us; (c) circumventing or interfering with security-related features; (d) disparaging or harming us or the Services; (e) using information from the Services to harass or harm another person; (f) making improper use of support services or submitting false reports; (g) using the Services in violation of laws or regulations; (h) unauthorized framing or linking; (i) uploading or transmitting viruses or other harmful code, spamming, or actions that disrupt operation; (j) any automated use of the system (scripts, robots, data mining); (k) deleting copyright or proprietary notices; or (l) impersonating another user or person.

7. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in forums or other functionality where you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials (“Contributions”). Contributions may be viewable by other users and through third-party websites.

8. CONTRIBUTION LICENSE

By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, reproduce, distribute, sell, publish, display, reformat, translate, prepare derivative works of, and otherwise exploit your Contributions (including your name, image, and voice) for any lawful purpose, and to sublicense such rights. You represent that you own or have the necessary rights to your Contributions and that they do not infringe the rights of any third party. We may remove or edit any Contributions at any time without notice if we reasonably believe they are harmful or violate these Legal Terms, and we may suspend or disable your account and report illegal content to authorities.

9. GUIDELINES FOR REVIEWS

Reviews must be honest, respectful, and based on your own first-hand experience. No deceptive, defamatory, or compensated reviews (unless clearly disclosed as required by law).

10. MOBILE APPLICATION LICENSE

Subject to these Legal Terms, we grant you a limited, revocable, non-transferable license to install and use the App on devices you own or control for personal, non-commercial purposes.

11. SOCIAL MEDIA

Where enabled, you may connect social accounts. We may access, use, and store information permitted by you from such platforms consistent with our Privacy Policy and your settings.

12. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites or display third-party content. We do not control and are not responsible for third-party websites or content. Use at your own risk and review their terms and privacy policies.

13. SERVICES MANAGEMENT

We may monitor the Services, take appropriate legal action for violations, and manage the Services to protect our rights and facilitate proper functioning.

14. PRIVACY POLICY

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and share information about you.

15. COPYRIGHT INFRINGEMENTS

We respect intellectual property rights. If you believe material on or through the Services infringes your copyright, contact officialvitola@gmail.com with sufficient detail to locate and review the material.

16. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. We may suspend or terminate your account or access at any time for any reason, including violation of these Legal Terms.

17. MODIFICATIONS AND INTERRUPTIONS

We may change, modify, or remove the contents of the Services or discontinue all or part of the Services at any time without notice. Availability may be interrupted for maintenance or other reasons.

18. GOVERNING LAW

These Legal Terms and your use of the Services are governed by the laws of the State of Ohio, without regard to conflict of laws principles.

19. DISPUTE RESOLUTION

Before initiating arbitration or litigation, the parties will engage in good-faith informal negotiations for 30 days. If unresolved, disputes will be resolved by binding arbitration in Lorain County, Ohio, unless a court proceeding is required by law. We will pay arbitration fees if deemed excessive as required by applicable rules.

20. CORRECTIONS

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

21. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

22. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR USD $100, WHICHEVER IS LESS.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Contributions, your use of the Services, your breach of these Legal Terms, or your violation of any law or the rights of a third party.

24. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing performance. You are solely responsible for all data you transmit or that relates to activity you undertake using the Services.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.

26. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

27. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right or provision.

28. CONTACT US

If you have questions or complaints regarding the Services or these Legal Terms, please contact officialvitola@gmail.com.