Terms and Conditions

These Terms of Use (the “Terms”) describe your rights and responsibilities regarding the Vita Stack Health website and platform owned and operated by VitaStack LLC. In these Terms, “we,” “our,” “us,” and “Vita Stack Health” collectively refer to VitaStack LLC and any affiliated products. The terms “you” and “yours” refer to the person using the Platform.

By accessing or using the Platform, you affirmatively consent to conduct business electronically with Vita Stack Health and engage in health-oriented activities with health professionals affiliated with our platform. Such electronic processes have the same force and effect as your written signature.

You consent to Vita Stack Health and affiliated professional entities sending you disclosures, messages, notices, and communications to your designated mobile phone and email address. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Platform.

We reserve the right, in our sole discretion, to amend these Terms at any time and for any reason, without penalty or liability to you or any third party. You should review these Terms periodically to determine if any changes have been made. The “Last Updated” date above reflects when the Terms were last revised.

If you use the Platform after amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any provision of these Terms is not acceptable to you, your sole remedy is to discontinue your use of the Platform.

You understand and agree that the Platform is intended to facilitate the following services:

• Development and gathering of healthcare records and information for use in provider encounters and communications
• Administrative support for scheduling, payment, and coordination of Healthcare Services
• Administrative support for coordinating fulfillment and payment for prescription medications ordered by medical providers
• Telecommunications and technology support enabling direct access to independent medical providers for consultations, assessments, and treatment

The Platform gathers information from you to enable an affiliated medical provider to determine whether a prescription or treatment is appropriate for you, including health information (such as past and present health conditions, medications), personal information (such as name and location), and other relevant data (collectively, “Your Information”).

After reviewing Your Information, the medical provider will, in their independent professional judgment, determine whether to prescribe medication or other treatment, or recommend that you consult with alternative clinical resources (the “Healthcare Services”).

You understand and agree that VitaStack LLC is not responsible for Healthcare Services or your use of any Healthcare Services provided by a medical provider, including any personal injury or property damage. VitaStack LLC is not acting as a pharmacy and does not control pharmacy services.

In order to use the Services, the following must be true:

1. You are at least 18 years of age.
2. You reside in the United States in a state or territory where the Services are available.
3. You agree to be legally bound by and comply with these Terms.
4. You have compatible devices, internet access, and any necessary software to use the Platform.

Satisfying the above requirements does not guarantee that you will receive Healthcare Services. Medical providers and affiliated professional entities may, on a case-by-case basis, determine that Healthcare Services are not appropriate for a particular user. For questions about eligibility, contact us at support@vitastackhealth.com.

The Services are currently available to individuals located in certain U.S. states. Availability is subject to change based on state telehealth and prescribing regulations. See our State Availability page for the latest list, or contact support@vitastackhealth.com to confirm availability in your state.

You are required to register with Vita Stack Health to access the Services. Services are available only to users who have registered and been granted an account with a username and password. The Platform may not be accessible at all times for any reason, and VitaStack LLC will not be liable if all or any part of the Platform is unavailable.

Upon registration, you may enter and submit information through the Platform (“User Data”). You understand and agree that any User Data provided may be used, copied, or displayed by VitaStack LLC and may be provided to service providers, successors, and medical providers and their affiliated professional entities, in performance of the Services.

You grant VitaStack LLC and affiliated medical providers the right and license to use, reproduce, analyze, and disclose your User Data for the purposes of providing Services to you, conducting research and analyses, and developing and improving current or future features and services.

As a condition of your use of the Services, you agree to the following:

1. All information you provide through the Platform is accurate, complete, and correct, and you will accurately maintain and update any information you have provided.
2. Your use of the Platform is personal — it will be used only by you. You agree to keep your username and password confidential and exit your account at the end of each session. You are responsible for all activities that occur under your account.
3. You will immediately notify Vita Stack Health of any unauthorized use of your account or any breach of security by emailing support@vitastackhealth.com.
4. You may be asked to provide additional information to enable the provision of Healthcare Services or fulfillment of a prescription. If you withhold requested information, you may not be able to use the Platform or related services.
5. You understand that provision of Healthcare Services depends on the completeness and accuracy of your information. VitaStack LLC is not responsible for consequences resulting from inaccurate or incomplete information. VitaStack LLC reserves the right to suspend or terminate your account if your information is inaccurate, incomplete, or not maintained.

You will not use, encourage, or permit others to use the Platform except as expressly permitted in these Terms. You will not:

1. Use or attempt to use the Platform or Services for any person other than yourself.
2. Access or use the Platform in any manner that infringes any intellectual property right or other right of any third party, or that violates any applicable law or regulation.
3. License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Platform or related materials to any third party.
4. Use or access the Platform to create or develop competing products or services, or for any purpose detrimental to VitaStack LLC.
5. Take any action that could damage, destroy, disrupt, disable, impair, or interfere with the Platform or any content.
6. Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Platform or any network.
7. Bypass, breach, or circumvent any security device or measure implemented by VitaStack LLC or our service providers.
8. Upload, transmit, or distribute any virus, Trojan horse, or other harmful code.
9. Remove, delete, alter, or obscure any trademarks, specifications, warranties, disclaimers, or intellectual property notices from the Platform.
10. Copy, duplicate, download, or otherwise reproduce any data, text, reports, or materials from the Platform without authorization.
11. Encourage or enable any other individual to do any of the foregoing.

Subject to your compliance with these Terms, VitaStack LLC grants you a personal, limited, revocable, nonexclusive, and non-transferable license to access and use the Platform and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by VitaStack LLC and its licensors.

You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any content from the Platform for commercial use.

The Platform is structured for use specific to certain healthcare services and is not, and should not be considered or used as, comprehensive medical advice, care, diagnosis, or treatment.

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding your health, medical conditions, or medications, and before commencing or discontinuing any course of treatment or medication.

Telehealth uses electronic communications and information technology to connect patients in one location with licensed healthcare professionals in another location. Though telehealth carries potential benefits, like any medical service, it also carries potential risks and limitations.

Telehealth services are not a substitute for in-person care in all cases. In order to receive Healthcare Services through the Platform, you will be required to review and agree to a Telehealth Informed Consent provided by the medical providers through the Platform.

By using the Services, you agree and acknowledge that VitaStack LLC is a beneficiary of the patient consent and has the right to enforce it against you.

When you submit your information for Healthcare Services, you agree to pay all fees due. By entering your payment information and submitting your request, you authorize VitaStack LLC, our affiliates, or our third-party payment processors to charge the amount due.

Medical consultation fees are not subject to refund. We cannot accept returns of prescription products for reuse or resale, and all sales of dispensed medications are final.

You are responsible for all fees due to receive the Services. The final charge to your payment method may vary based on the prescribed medication and chosen pharmacy for fulfillment. If any variance arises, a member of our support team will communicate the details to you promptly.

All payment information is processed and safeguarded within the secure infrastructure provided by Stripe. For information on Stripe's data privacy practices, visit stripe.com/privacy.

VitaStack LLC operates on a cash-pay basis. Our affiliated medical providers are not contracted with any health insurance plans, including Medicaid and Medicare. You are solely responsible for paying all fees for Healthcare Services received. Any prescription medications ordered through our platform may not be covered by your insurance plan.

VitaStack LLC understands the importance of confidentiality and privacy regarding your information. Please see our Privacy Policy for a full description of how we collect, use, and disclose your information in connection with the Platform.

As between VitaStack LLC and you, VitaStack LLC is the sole and exclusive owner of all right, title, and interest in and to the Platform and its content, features, and functionality, including all information, software, text, displays, images, video, audio, selection, arrangement, and look and feel, and all intellectual property rights therein.

Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Platform shall be owned solely and exclusively by VitaStack LLC or its licensors. You have permission to use the Platform solely for your personal and non-commercial use on the condition that you comply with these Terms. All rights not expressly granted are reserved.

Certain names, logos, and other materials displayed throughout the Platform may constitute trademarks or service marks of VitaStack LLC or its affiliates. You are not authorized to use any such marks without the express written permission of VitaStack LLC.

The Platform may contain hyperlinks or references to third-party websites (“Linked Sites”). These Linked Sites may not be under our control, and we are not responsible for their information, products, services, or content. We provide Linked Sites only as a convenience, and inclusion of any link does not imply endorsement of that site or association with its operators. Your use of Linked Sites is at your own risk.

YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. VITASTACK LLC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

VITASTACK LLC DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VITASTACK LLC OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY.

Individual results from GLP-1 medications and other treatments vary. No specific outcomes are guaranteed. Weight loss results depend on individual health conditions, adherence to treatment, and lifestyle factors.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VITASTACK LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF VITASTACK LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall VitaStack LLC's total liability to you for all claims exceed the total amount you paid to VitaStack LLC in the three (3) months preceding the event giving rise to the claim. Some jurisdictions do not allow limitations on liability, so certain limitations above may not apply to you.

You agree to defend, indemnify, and hold harmless VitaStack LLC, its officers, directors, employees, contractors, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of or inability to use the Platform or Services
• Your violation of these Terms
• Your provision of false, inaccurate, or incomplete information
• Your violation of any applicable law or the rights of any third party

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

We may update these Terms from time to time. When we make material changes, we will update the “Last Updated” date at the top of this page and notify you via email at the address associated with your account. Your continued use of the Platform after changes are posted constitutes your acceptance of the updated Terms.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Informal Resolution

Before initiating any formal dispute, you agree to contact VitaStack LLC at legal@vitastackhealth.com and attempt to resolve the dispute informally. We will make good faith efforts to resolve any concern within 30 days of receiving written notice.

Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

Class Action Waiver

YOU AND VITASTACK LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Jury Trial Waiver

BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES.

Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, without waiving the right to arbitrate all other claims.

If you have questions or concerns about these Terms, please contact us:

VitaStack LLC
8 The Green, Ste B
Dover, DE 19901

General Support: support@vitastackhealth.com
Legal: legal@vitastackhealth.com
Website: vitastackhealth.com