Effective Date: 1/15/2025

Please read these Terms of Service (“Terms”) carefully before purchasing, accessing, or using the websites, services, software, and mobile applications (the “Services”) and hardware products or devices (“Products”) provided by VITALNOMAD LLC (“we”, “us”, or “our”). These Terms govern:

• Your purchase and use of VITALNOMAD LLC hardware devices (the “Products”);
• Your access to and use of our websites and online platforms (the “Sites”);
• Your use of software, including embedded system software, mobile and desktop applications, and cloud-based functionalities (the “Software”);
• Your use of any cloud-based data storage services, connectivity solutions (e.g., gateways), and support services provided by VITALNOMAD LLC (collectively, the “Services”); and
• Your use of any content and materials provided by VITALNOMAD LLC, including documentation, graphics, and related media (the “Content”).

For specific definitions of these and other key terms, refer to the Definitions and Key Terms section of these Terms.

BY ACCESSING, PURCHASING, OR USING OUR PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT PURCHASE OR USE OUR PRODUCTS OR SERVICES.

TO ENSURE SAFE AND APPROPRIATE USE OF VITALNOMAD LLC PRODUCTS AND SERVICES, YOU MUST USE THEM AS INTENDED AND IN STRICT ACCORDANCE WITH VITALNOMAD LLC GUIDELINES, INCLUDING THOSE PROVIDED IN USER MANUALS, ON THE WEBSITE, IN APP INSTRUCTIONS, OR OTHER OFFICIAL DOCUMENTATION.

About VITALNOMAD LLC and tempi.fi

VITALNOMAD LLC owns and operates the tempi.fi brand, which includes associated intellectual property such as trademarks, logos, and content.

Eligibility

To use our Products or Services, you must be at least 13 years old or at the age of majority in your jurisdiction. You must possess the legal authority and capacity to enter into these Terms. If you are between 13 and 18 years old, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are accessing or using the Services on behalf of a business or other entity, you confirm that you have the authority to bind that entity to these Terms, and the entity will be responsible for any breach of these Terms by you or any other employee or agent of that entity.

Amendments to Terms of Service

We may modify these Terms at any time without prior notice. Any updates will be noted by the “Effective Date” at the top of this document. By continuing to use the Services and Products after these changes, you accept the revised Terms. If you do not agree to the new Terms, you must stop using the Services and Products immediately. Please check these Terms periodically for updates.

Product and Service Modifications

We reserve the right to update, modify, add to, remove, or discontinue features of our Services and Products at any time, at our discretion, without prior notice. Such changes may involve updates to functionality, features, or design. By continuing to use the Products or Services after such changes, you agree to accept them.

Definitions and Key Terms

1. Products: Hardware devices manufactured, distributed, or sold by VITALNOMAD LLC, including sensors, gateways, and any other hardware components designed to be used in conjunction with the Services.
2. Services: All digital and interactive offerings provided by VITALNOMAD LLC, including but not limited to:
   • Websites: Online platforms that provide information, support, and access to our Products, Software, and Content.
   • Software and Applications (Apps): Includes all software, whether it is:
     • System Software: Embedded software that operates the core functionalities of the Products.
     • Mobile and Desktop Applications: Software designed to enhance the interaction with and management of the Products from user devices.
     • Cloud-Based Software: Software services and solutions hosted on the cloud that support, enhance, or extend the capabilities of the Products and other software applications.
   • Connectivity Solutions (Gateways): Cloud-based data storage and related functionalities designed to enable remote access, monitoring, or control of the Products.
   • Support Services: Assistance and technical support services provided to users to facilitate effective use and troubleshooting of the Products and Services.
3. Operational Data: Data generated, collected, processed, or transmitted through the use of our Products or Services, including but not limited to environmental metrics, device performance data, notifications, and analytics.
4. Content: Textual, graphical, and multimedia content provided by VITALNOMAD LLC through its Products, Services, or Sites, intended to aid in the use and understanding of the Products and Services.

Privacy Policy

Our Privacy Policy outlines how we collect, use, and safeguard your personal information.  It is an integral part of these Terms and can be accessed at any time online at https://tempi.fi/privacy. By agreeing to these Terms, you also agree to the terms of the Privacy Policy, which may be updated from time to time. Please visit this URL regularly to review any changes that may affect you.

Software Use and End User License Agreement (EULA)

Usage of Software: Our Services include various software components, such as system software, mobile and desktop applications, and cloud-based solutions. The use of any VITALNOMAD LLC software is governed by our End User License Agreement (EULA), which sets forth additional terms specific to software use.

EULA Overview: The EULA includes detailed terms regarding software licensing, user rights, restrictions, and responsibilities. It complements these Terms of Service by covering aspects specific to software operation, intellectual property, and user conduct.

Acceptance of EULA: You are required to accept the EULA before using any software provided by VITALNOMAD LLC. Non-acceptance of the EULA terms will restrict your ability to use our software. The EULA is accessible during the software installation process and can also be viewed on our website at https://tempi.fi/eula.

Implications of Non-Acceptance: If you do not agree to the EULA, you must cease all use of our software immediately and uninstall any copies in your possession.

This placement ensures that users clearly understand the necessity of agreeing to the EULA in addition to the general Terms of Service, specifically in the context of software use. This method also maintains the flow of the document and logical grouping of related content, making it easier for users to navigate and understand their legal obligations and rights.

Limited Warranty

RELATION TO CONSUMER LAW

This Limited Warranty grants you specific legal rights. In addition to these rights, you may also have other rights that vary from state to state within the United States, or by province or country elsewhere. We do not exclude, limit, or suspend other rights you may have, including those that may arise from the nonconformity of a sales contract. For a full understanding of your rights, which may exceed those outlined in this Warranty, you should consult the laws of your country, state, or province.

WHAT THE WARRANTY COVERS

VITALNOMAD LLC warrants that the tempi.fi branded Products will be of good material and workmanship and free from defects for a period of one (1) year from the date of purchase by the original purchaser (“Warranty Period”) when used normally in accordance with our published guidelines. This includes, but is not limited to the terms of service, technical specifications, user manuals, website information, and service communications.

During the Warranty Period, VITALNOMAD LLC will, at its sole discretion, either:

• Repair the product using new or refurbished replacement parts; or
• Replace the product with a new or refurbished product; or
• Replace the product with a similar one of equal function if the product or component is no longer available; or
• Refund the purchase price of the original unit

This warranty is non-transferable and is limited to the original purchaser. This is your sole and exclusive remedy for breach of this Limited Warranty. Any product that has been repaired or replaced under this Limited Warranty will be covered for the remainder of the original Warranty Period.

To initiate a warranty claim, you must follow the Process for Warranty Claims outlined below.

WHAT IS NOT COVERED?

This Limited Warranty does not cover the following (collectively referred to as “Ineligible Products”):

• Products not purchased directly from VITALNOMAD LLC or through an authorized retailer or reseller.
• Products not branded as tempi.fi, even if packaged or sold with tempi.fi branded products.
• All software, including apps and system software
• Consumable parts such as batteries, unless damage is due to defects in materials or workmanship.
• Cosmetic damage such as scratches, dents, discoloration, or broken plastic (unless resulting from defects in materials or workmanship).
• Damage caused by:
  • Normal wear and tear or normal aging of the product.
  • Handling, storing, or operating the product in a manner not in accordance with VITALNOMAD LLC’s user guide, website, or other instructions, including but not limited to operating the product outside the specified temperature range, or exposure to fire, hot surfaces, direct sunlight, or high-heat environments such as ovens, microwaves, dryers, or other high-heat appliances; or submerging or exposing non-water-resistant products to excessive or prolonged moisture.
  • Unauthorized repairs, modifications, or alterations
  • Use with devices that have been jailbroken or rooted
  • Use with non-VITALNOMAD LLC branded products not expressly authorized by VITALNOMAD LLC.
  • Acts of God such as lightning, flood, tornado, hurricane.
  • External causes such as accidents, abuse, breakdowns, fluctuations, or interruptions in electric power or the telecommunications network, exposure to harmful materials, extreme environmental conditions.
  • Neglect or circumstances beyond the reasonable control of VITALNOMAD LLC.

PROCESS FOR WARRANTY CLAIMS

To initiate a warranty claim, you must follow these steps:

1. Obtain Authorization:
   • Contact VITALNOMAD LLC by sending an email to support@vitalnomad.com.
   • Include the following in your email:
     • Proof of purchase (e.g., receipt or order confirmation).
     • A detailed explanation of the problem or defect.
   • Wait for authorization and return instructions from VITALNOMAD LLC before proceeding.
2. Return the Product:
   • Once authorized, return the nonconforming product to VITALNOMAD LLC at your expense for evaluation, following the provided instructions.
   • If the warranty claim is validated, VITALNOMAD LLC will repair or replace the product at no additional cost.
3. Shipping Costs:
   • Return shipping costs for the repaired or replacement product may be covered at VITALNOMAD LLC’s sole discretion.
   • If return shipping costs are not covered, you may be required to provide a shipping label upon request.

NOTE: VITALNOMAD LLC will have no warranty obligations for any product it determines, after reasonable examination, to be an Ineligible Product.

Disclaimer of Warranties

To the extent permitted by law, the Limited Warranty and its remedies are exclusive, superseding all other warranties and conditions, whether oral, written, statutory, express, or implied. VITALNOMAD LLC disclaims all statutory and implied warranties including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, and hidden defects.

The Limited Warranty is your sole warranty from VITALNOMAD LLC, and no other warranty is provided. Advice or information from VITALNOMAD LLC, its affiliates, employees, agents, retailers, or other sellers does not create additional warranties beyond what is expressly stated in this agreement. No one else may give any guarantee, warranty, or condition on VITALNOMAD LLC’s behalf.

Where laws do not allow disclaimers of implied warranties, any implied warranties are limited to the duration of this express warranty and are confined to repair or replacement services as determined by VITALNOMAD LLC. Some jurisdictions do not permit limitations on how long an implied warranty lasts, so this limitation may not apply in those regions. In such jurisdictions, implied warranties are limited to the shortest duration allowed by law.

We do not guarantee that the Products, Services, Operational Data, or Content will meet your requirements or expectations.

Except as expressly stated in this warranty, all VITALNOMAD LLC Products, Services, Software, Websites, and Content are provided “as is” and “as available,” without any warranties of any kind. This disclaimer must be read in conjunction with the Limitations on Products and Services, which outline the inherent constraints and potential impacts on performance, accuracy, and reliability of the Products and Services. By using our offerings, you acknowledge and accept both the disclaimers and the limitations described.

Statutory Rights

These disclaimers do not affect your statutory rights under applicable consumer protection laws where such rights cannot be waived or disclaimed by contract.

By using VITALNOMAD LLC Products or Services, you acknowledge and accept the terms of this Limited Warranty.

Intellectual Property Rights

VITALNOMAD LLC and its affiliates own all intellectual property rights in and to the Services and Products, including but not limited to the tempi.fi brand, associated trademarks, logos, content, software, and all other elements included in the Services and Products. These elements are protected by local and international intellectual property laws, regulations, and treaties.

• User-Generated Content: If you submit, upload, or transmit any content, including but not limited to reviews, images, feedback, or comments, to our Services (“User Content”), you represent and warrant that you are the owner of such User Content or have all necessary rights to disclose it. By submitting User Content, you grant VITALNOMAD LLC a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable right to use, reproduce, publish, modify, adapt, and create derivative works from such User Content for any purpose, without compensation to you. You also agree that VITALNOMAD LLC is under no obligation to use or post any User Content you provide.
• Respecting Third-Party Intellectual Property: VITALNOMAD LLC respects the intellectual property rights of others and expects users of our Services and Products to do the same. Any unauthorized use, reproduction, modification, distribution, or storage of copyrighted material or trademarks owned by others, whether included in User Content or otherwise, is strictly prohibited and may result in the termination of your account and legal action.
• Protection of Intellectual Property: No transfer or grant of rights is implied by your use of the Services or purchase of the Products beyond the limited license granted herein. You are authorized to use the Services and Products only as expressly permitted by these Terms. Any unauthorized use of our intellectual property beyond the scope of this limited license is strictly prohibited.
• Infringement Claims: If you believe that your intellectual property rights have been infringed upon by our Services or Products, or if a user of our Services infringes your rights, please notify us promptly. We commit to investigating and addressing all legitimate concerns and will take appropriate action, including but not limited to removing infringing content and terminating accounts.

Feedback and Submissions

VITALNOMAD LLC welcomes your feedback, comments, suggestions for improvements, and other information related to enhancing our Products and Services (“Feedback”). By submitting Feedback through our services, email, forums, surveys, or other communication channels, you agree to the following terms:

• Feedback is Non-Confidential: All Feedback you provide shall be deemed non-confidential. VITALNOMAD LLC will be free to use, reproduce, disclose, and distribute such Feedback without limitation or attribution. You should ensure that your Feedback does not contain information that is private, confidential, or proprietary to you or to others.
• Grant of Rights: You grant VITALNOMAD LLC a perpetual, irrevocable, worldwide, royalty-free, and transferable license to use, reproduce, modify, adapt, publish, distribute, and create derivative works from your Feedback. This license includes the right to use your Feedback for any purpose, including but not limited to developing, improving, and marketing our Products and Services, without requiring compensation or acknowledgment.
• Use of Feedback: VITALNOMAD LLC has the right to use and incorporate into its Services or Products any Feedback provided by you. This may include enhancing and improving current offerings or developing new ones, as well as for promotional and marketing purposes.
• No Implementation Guarantee: While your input is valued, VITALNOMAD LLC is not required to implement or act on any Feedback provided. We may develop content independently or receive similar suggestions from other sources. You agree that you will not be entitled to any compensation as a result of our use of any feedback.

Indemnification

You agree to indemnify, defend, and hold harmless VITALNOMAD LLC, its affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively the “Indemnified Parties”) from and against all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in any way connected with:

1. Any violation of these Terms by you or any agents you control;
2. Your use or misuse of the Products and Services;
3. Any activity related to your account, including negligent or wrongful conduct by you or anyone else accessing the Services using your account;
4. Any third-party claims arising from your use of VITALNOMAD LLC’s Products and Services, even if such claims arise from the negligence of VITALNOMAD LLC, except where such indemnification would be prohibited by law.
5. Any third-party actions related to your use of the Products and Services, including claims of negligence, breach of contract, or other legal actions.

This obligation to indemnify will survive the termination or expiration of these Terms and your use of the Products and Services. VITALNOMAD LLC reserves the right, at its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such cases, you agree to cooperate with VITALNOMAD LLC in the defense of such matter. You will not settle any claim without the prior written consent of VITALNOMAD LLC.

Third-Party Links and Services

Our Products and Services may contain links to third-party websites, services, and advertisements (collectively, “Third-Party Links”). These Third-Party Links are provided for your convenience to provide further information or services that may be of interest to you. They do not signify that we endorse the website(s) or their contents. VITALNOMAD LLC has no control over the nature, content, and availability of those sites and is not responsible for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that VITALNOMAD LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third-Party Links.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. If you decide to access any of the third-party websites linked to our Products and Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Additional Third-Party Service Considerations:

• Service Integration: Some of our Services may integrate with or offer services of third parties as part of the functionality of the Products. VITALNOMAD LLC is not responsible for the performance of any third-party services or the security of any data handled by such services. Your use of third-party services may be subject to the terms and conditions and privacy policies of such third parties.
• Device Compatibility: Use of the Services may require compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. VITALNOMAD LLC does not guarantee that our Services will be compatible with all devices or will be supported by all mobile carriers.
• Third-Party Charges: You may incur charges from third parties through the use of our Services, such as data charges and call charges. You are responsible for all third-party charges incurred by using our Services.
• Not for Emergency Applications: Our Products and Services, whether standalone or integrated with third-party systems, are not intended for emergency or mission-critical scenarios.
• Prohibited Integrations: Combining, integrating, or relying on our Products or Services alongside other systems or devices—whether critical or non-critical—is strictly prohibited, except as explicitly permitted by VITALNOMAD LLC.
• Approved Uses: The Products and Services are intended to function with apps published by VITALNOMAD LLC and tempi.fi, and to generate reports and analytics as outlined in our user guides, web instructions, and inline app documentation. Use of our Products and Services outside these specified guidelines is prohibited.

Limitation of Liability

VITALNOMAD LLC, its affiliates, officers, directors, employees, agents, suppliers, or licensors (collectively, “VITALNOMAD GROUP”) are not responsible for any loss, damage, or liability resulting from the use of its products, services, or content. By using these Products, Services, Operational Data, or Content, you acknowledge that you are doing so at your own risk and are solely responsible for any decisions, actions, or outcomes resulting from the use of these offerings, whether for personal, household, or professional purposes

To the maximum extent permitted by applicable law, VITALNOMAD GROUP, shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from any breach of warranty or under any other legal theory. This includes, but is not limited to:

• Damage to personal property, electrical systems, or real property.
• Loss of profits, revenue, data, use, goodwill, and other intangible losses (both actual and anticipated).
• Loss of business opportunity
• Damage to goodwill or reputation
• Loss or corruption of data
• Costs of recovering, programming, or reproducing any program or data stored or used with VITALNOMAD LLC products
• Bodily injury or death

These exclusions apply regardless of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law, or otherwise.

Financial Cap on Liability: The total cumulative liability of VITALNOMAD GROUP for all claims related to the Products, Services, Operational Data, or Content shall not exceed the amount paid by you for the specific product from which the claim arises, or service (during the twelve months prior to the action giving rise to liability) from which the claim arises.

Exclusive Remedy: The responsibility of VITALNOMAD LLC to repair, replace the product, or refund the purchase price is your sole and exclusive remedy for any losses or damages. No other guarantees, warranties, or conditions may be provided by anyone on behalf of VITALNOMAD LLC.

Limitation on Direct Damages: VITALNOMAD GROUP will not be liable for any direct damages exceeding the amount actually paid for the product by any claimant, regardless of whether the claimant is the original purchaser.

Statutory Exceptions: Where any condition or warranty implied by law cannot be lawfully excluded or limited, any breach of such condition or warranty is limited to repair, replacement, or refund, as determined by VITALNOMAD LLC to the extent permitted by law. These limitations do not apply to claims for personal injury or death or any statutory liability for intentional and grossly negligent acts and/or omissions.

Jurisdictional Variations: Where permitted, the limitations and exclusions of liability for incidental or consequential damages are intended to apply to the fullest extent. In jurisdictions where such limitations or exclusions are not allowed, VITALNOMAD LLC’s liability shall be limited to the greatest extent permitted by law.

Force Majeure: VITALNOMAD LLC shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, acts of God, war, cyberattacks, or government restrictions.

Third-Party Services and Unauthorized Use: VITALNOMAD LLC is not liable for any failures, interruptions, or damages resulting from the use of third-party services or unauthorized use, access, or misuse of our Products and Services.

Data Responsibility: It is your responsibility to maintain backups of your data. VITALNOMAD LLC shall not be liable for any loss, corruption, or unauthorized access to data.

Survivability: The provisions of this section survive the termination or expiration of your relationship with VITALNOMAD LLC.

Limitations on Products and Services

Our Products, Software, and Services are subject to inherent limitations. By using them, you acknowledge and accept the following constraints:

Data Availability, Accuracy, and Reliability Limitations:

Performance may be impacted by various factors, which include but are not limited to:

• Software or Hardware Defects: Issues that may arise from inherent flaws or malfunctions.
• Power Issues: Low battery levels or power interruptions that affect device functionality.
• Connectivity Issues: Problems such as weak signal strength, RF interference, or network limitations including interruptions, congestion, or other issues with Wi-Fi, cellular, or internet connectivity.
• Environmental Factors: Extreme temperatures, humidity, physical obstructions, and other adverse environmental conditions.
• Rapid or Significant Environmental Changes: Situations requiring time for the Products to stabilize or adapt.
• Improper Usage: Mishandling of devices, covering sensor openings, or failing to follow prescribed usage instructions or guidelines.
• Accuracy of Data: Data, readings, measurements, or alerts provided by the Products or Services may not always be accurate, reliable, or complete. Factors such as weak signals, environmental conditions, rapid changes in environmental conditions, and sensor obstructions may affect performance.

Service Availability and Operational Integrity:

• No Guarantee of Continuous Operation: Our Products and Services may experience interruptions due to maintenance, updates, connectivity issues, or external factors beyond our control. We do not guarantee uninterrupted, secure, timely, error-free operation, or operation free of data loss.
• Reliance on External Factors: Performance and availability may depend on internet connectivity, cloud services, or environmental conditions that we cannot manage or guarantee.

Compatibility:

• Device and Software Compatibility: The performance of our Products and Services may depend on compatible devices, specific software versions, or configurations. We do not guarantee functionality with all devices or software environments.
• Performance Consistency: The performance of Products or Services may vary across devices due to factors such as device type, condition, operating system, or model.

Third-Party Services:

• Usage with Third-Party Services: When used with third-party services or applications, the reliability, accuracy, or compatibility of our offerings is not guaranteed.
• Not for Emergency Applications: Our Products and Services, whether standalone or integrated with third-party systems, are not intended for emergency or mission-critical scenarios.

Data Security and Errors

• No Guarantee of Error Correction: Errors or defects in the Products or Services may not be corrected immediately, and some issues may remain unresolved.
• Security and Virus Protection: While efforts are made to ensure security, the websites, software, and associated servers may not operate error-free or be free from viruses, malware, or other destructive features.
• Wireless Device Security: Data transmitted over wireless networks or via wireless devices may not be secure and could be accessible to the public in open air or unsecured environments.

Assumption of Risk:

• Monitoring and Decision-Making: Our Products and Services should not be the sole source of monitoring, safety, or decision-making in any application, including those involving health, property protection, or scenarios where substantial property damage costs may arise. There is no guarantee that our Products or Services will protect your premises, personal property, or assets from damage, destruction, or harm.
• Property Damage and Other Losses: If you choose to rely on any Product or Service, you do so at your own risk. Users assume full responsibility for their reliance on our Products and Services. VITALNOMAD LLC is not liable for damages, injuries, losses, or costs arising from improper use, environmental factors, or other unforeseen circumstances.

By purchasing or using our Products and Services, you acknowledge these limitations and agree to abide by them. Failure to use our Products and Services in accordance with these terms may result in suboptimal performance, inoperability, or termination of service.

Prohibited Uses

By using our Products or Services, you agree not to engage in any Prohibited Use, as outlined below. “Prohibited Use” refers to any behaviors, contexts, or actions described in this section that violate these Terms, including but not limited to unsafe, unlawful, or improper uses of VITALNOMAD LLC’s offerings, whether standalone or in conjunction with third-party systems, services, or devices. VITALNOMAD LLC expressly disclaims any liability arising from unauthorized or Prohibited Uses.

Our Products and Services are not designed for fail-safe operation and must not be used in any environment or application where malfunction, failure, or delay could result in death, serious bodily injury, substantial property damage, or significant environmental harm. Examples of Prohibited Uses include, but are not limited to:

Intended Use Restrictions:

• No Medical or Safety-Critical Applications: Our Products and Services are not designed for medical use, life-support systems, or safety-critical applications. They must not be used to diagnose, treat, cure, or prevent health conditions, or in any scenario where failure, inaccuracies, or delays could result in personal injury, property damage, or other critical consequences.
• No Emergency or Disaster Management Systems: The Products and Services must not be used in emergency response, disaster management, or other mission-critical systems where reliability and fail-safe operation are required.
• Navigation or Control of Transportation Systems: Using the Products or Services for the navigation or control of air, sea, or ground transportation systems.
• Hazardous Operations: Operation of nuclear, chemical, or hazardous material facilities.

Integration with Other Systems

Combining, integrating, or relying on our Products or Services alongside other systems or devices—whether critical or non-critical—is strictly prohibited, except as explicitly permitted by VITALNOMAD LLC. Such misuse could result in malfunctions, safety hazards, or potential legal liability. The Products and Services are explicitly intended to operate:

• In Conjunction with Approved Apps: Apps running on compatible devices as provided or authorized by VITALNOMAD LLC.
• For Reports and Analytics: Reports or analytics generated by the Products or Services, which may be opened, viewed, or shared according to documentation and guidelines.

Using Defective or Suspected Defective Products

Continuing to use a Product that you know or suspect to be defective, damaged, or malfunctioning is strictly prohibited. Failure to discontinue use immediately may result in hazardous conditions. Examples of defective or damaged products include, but are not limited to:

• A cover that cannot close securely or is damaged.
• Visible corrosion, rust, or damage to the battery or battery compartment.
• A damaged circuit board or any signs of overheating, charring, or burning.
• Physical deformation, cracks, or structural instability in the Product or its enclosure.
• Persistent error messages, malfunctions, improper readings, or unexpected behavior during use.

If you suspect a product is defective:

1. Discontinue use immediately to prevent harm to yourself, others, or property.
2. Dispose of the product safely in accordance with local regulations, or follow the process outlined in the Limited Warranty to return it for evaluation.
3. Damage, injury or losses resulting from continued use of such a product is not the responsibility of VITALNOMAD LLC.

Prohibited Activities

You may not use the Products, Software, or Services for any unlawful or inappropriate purposes, including:

1. Illegal Activities: Using the Products, Software, or Services for any unlawful purpose, including fraud, money laundering, or unauthorized access to systems or networks.
2. Unauthorized Tracking or Surveillance: Tracking locations or collecting information about others without explicit consent.
3. Excessive or Harmful Resource Use: Deploying the Services in a manner that disrupts or degrades system resources or the experience of other users, such as denial-of-service attacks or overloading systems.
4. Disruption of Networks: Engaging in activities that disrupt or attempt to disrupt the accessibility of the Products, Services, or Websites to users or systems.
5. Unauthorized Access Methods: Attempting to access or extract information using unauthorized methods, such as scraping tools, bots, or other mechanisms not approved by VITALNOMAD LLC.
6. Hate Speech or Offensive Content: Creating, sharing, or distributing content that promotes violence, discrimination, or hatred based on race, religion, gender, disability, or other protected characteristics.
7. Unauthorized Resale or Distribution: Reselling, sublicensing, or redistributing Products, Software, or Services without prior written consent from VITALNOMAD LLC.
8. Reverse Engineering: Attempting to reverse-engineer, decompile, disassemble, or otherwise tamper with the Products, Software, or Services.
9. Interference with Other Devices: Using the Products, Software, or Services in ways that interfere with, disrupt, or damage third-party devices, systems, or services.

Prohibited Content

You agree not to use the Products, Software, or Services to create, upload, or share content that:

• Violates Laws: Content that is unlawful or infringes on the rights of others.
• Harasses or Threatens: Content that harasses, defames, or threatens individuals or groups.
• Violates Privacy or IP Laws: Content that infringes on privacy or intellectual property rights.

Account Termination and Suspension

Termination by VITALNOMAD LLC

VITALNOMAD LLC reserves the right, at its sole discretion, to suspend, deactivate, or terminate your account at any time without prior notice if:

• You violate these Terms of Service or any applicable laws or regulations.
• Your use of the Products, Services, or Content disrupts or poses a risk to the integrity, security, or functionality of VITALNOMAD LLC’s systems, infrastructure, or other users.
• You engage in fraudulent, abusive, or harmful activities, including unauthorized access or attempts to access VITALNOMAD LLC systems, Products, or Services.
• Required by law, government order, or if your account activity is deemed illegal or potentially harmful.
• You fail to comply with payment obligations (if applicable) for paid services or subscriptions.

Termination by the User

You may terminate your account at any time by:

• Accessing your account settings and selecting the termination option (if available); or
• Contacting VITALNOMAD LLC at support@vitalnomad.com.

Upon termination, you are responsible for discontinuing the use of all Products, Services, or Content associated with your account.

Effects of Termination or Suspension

When your account is terminated or suspended:

• Your access to Products, Services, operational data, and Content provided by VITALNOMAD LLC may be immediately revoked.
• Data associated with your account may be deleted or archived, subject to VITALNOMAD LLC’s Privacy Policy and applicable data retention laws.
• Any licenses or permissions granted to you under these Terms will automatically terminate.

Data and Content Ownership

VITALNOMAD LLC may retain specific types of data or content related to your account after termination for legal, regulatory, or operational purposes, in accordance with its Privacy Policy. This may include transaction records, user information, and activity logs that are necessary to comply with legal obligations or to resolve disputes. You are encouraged to back up any personal data or content prior to account termination to ensure you retain access to your information.

No Liability for Termination

To the fullest extent permitted by law, VITALNOMAD LLC will not be liable to you or any third party for the termination or suspension of your account, including the loss of access to any data, operational data, or Content associated with your account.

Reinstatement

Requests for reinstatement of suspended or terminated accounts may be considered at VITALNOMAD LLC’s sole discretion. Such requests must be submitted in writing to support@vitalnomad.com and may be subject to additional verification or conditions.

Surviving Terms

Certain provisions of these Terms, including but not limited to those concerning intellectual property rights, limitations of liability, indemnification, and dispute resolution, will survive the termination of your account.

Compliance with Legal Obligations

VITALNOMAD LLC may terminate or suspend accounts as required to comply with legal obligations, such as responding to lawful subpoenas, court orders, or other governmental requests.

Dispute Resolution

At VITALNOMAD LLC, we are committed to resolving disputes in a fair, efficient, and cost-effective manner. By agreeing to these Terms, you agree to the following dispute resolution process:

Informal Resolution

• Before initiating any legal or arbitration proceedings, you agree to contact VITALNOMAD LLC to attempt to resolve the dispute informally.
• You can initiate this process by contacting us at support@vitalnomad.com with a written description of the issue, including relevant details such as your account information, the nature of the dispute, and the resolution sought.
• We will work with you in good faith to resolve the issue within 30 days of receiving your written notification.

Binding Arbitration

• If the dispute cannot be resolved informally, it will be resolved through binding arbitration instead of court proceedings, except where prohibited by law.
• Arbitration will be conducted under the rules of the American Arbitration Association (AAA) or a comparable organization mutually agreed upon.
• Arbitration will take place in Massachusetts, or another mutually agreed-upon location, and will be conducted in English.

Scope of Arbitration

• Arbitration applies to any dispute, claim, or controversy arising out of or relating to:
  • These Terms or their interpretation.
  • The use of VITALNOMAD LLC’s Products or Services.
  • The breach, termination, enforcement, or validity of these Terms.

Exclusions from Arbitration

• Arbitration will not apply to claims:
  • Related to violations of intellectual property rights.
  • Where equitable relief (e.g., injunctions) is sought to prevent misuse of VITALNOMAD LLC’s intellectual property or proprietary information.

Class Action Waiver

• All disputes must be resolved on an individual basis.
• You waive any right to bring a claim as part of a class action, collective action, or similar proceeding.
• Arbitrators are not authorized to consolidate claims or preside over class actions.

Small Claims Court Option

• Either you or VITALNOMAD LLC may choose to bring a claim in small claims court for disputes that qualify under the court’s jurisdictional limits.

Costs and Fees

• Arbitration fees will be shared equally unless the arbitrator determines otherwise.
• Each party will bear its own attorneys’ fees unless awarded otherwise by the arbitrator in accordance with applicable law.

Opt-Out Option

• You may opt out of the arbitration agreement by providing written notice to VITALNOMAD LLC within 30 days of accepting these Terms.
• Opt-out requests must include your name, account information, and a clear statement that you wish to opt out of arbitration. Send your request to support@vitalnomad.com.

Fallback Dispute Resolution

• If arbitration is deemed unenforceable or you have opted out, disputes will be resolved exclusively in the state or federal courts located in Massachusetts.
• You and VITALNOMAD LLC consent to the jurisdiction of such courts and waive objections based on venue or inconvenience.

Governing Law

• These Terms, including the arbitration agreement, are governed by the laws of the State of Massachusetts, without regard to conflict-of-law principles.

By agreeing to these Terms, you acknowledge and accept this dispute resolution process as the sole and exclusive method for resolving disputes between you and VITALNOMAD LLC.

General Provisions

• Entire Agreement
  These Terms constitute the entire agreement between you and VITALNOMAD LLC regarding the subject matter herein and supersede any prior understandings, agreements, or representations, whether written or oral.
• No Waiver:
  Failure to enforce any provision of these Terms does not constitute a waiver of VITALNOMAD LLC’s rights to enforce such provision or any other provision in the future.
• Assignment
• You may not assign or transfer these Terms, whether by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void.
• VITALNOMAD LLC may freely assign or transfer these Terms without restriction.
• Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Severability

If any term or provision of this Contract is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Contract or invalidate or render unenforceable such term or provision in any other jurisdiction.

Survival

Provisions of these Terms and Conditions which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms and Conditions including, but not limited to, the following provisions: Insurance, Compliance with Laws, Confidential Information, Governing Law, Indemnification, Submission to Jurisdiction/Arbitration and Survival.

Contact Information

For questions or concerns about these Terms, please contact:

VITALNOMAD LLC

Email: support@vitalnomad.com