Last updated: February 14, 2024
Terms of Use and Indemnification
These Terms of Use and Indemnification (“Terms”) constitute a legally binding agreement made between you, the user of the services (“User”), and Aanderud Legacy LLC and Vital Spark LLC, collectively doing business as vitalspark.ai (“Company”), concerning your access to and use of the Company’s website, online applications, and related services (collectively, the “Services”).
1. Acceptance of Terms
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services. These Terms expressly supersede prior agreements or arrangements with respect to the Services.
2. Description of Services
The Services provide users with access to a personality assessment, custom conversational agent, and related coaching content (“Coaching Services”). The Coaching Services are intended for informational and entertainment purposes only. Company is not a licensed medical, mental health, financial, or other regulated professional entity. The Coaching Services do not constitute professional advice and should not be relied on as such.
3. Privacy Policy
We takes privacy seriously. Please review our Privacy Policy for details on how we collect, use, and disclose information about our users.
4. User Conduct
You agree not to misuse the Services or assist anyone else in doing so. For example, you will not:
- Upload or transmit any content that is unlawful, defamatory, threatening, abusive, harassing, deceptive, fraudulent, invasive of privacy or publicity rights, vulgar, obscene, profane, hateful, racist, sexist, ethnically or otherwise objectionable;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any content that you do not have a right to make available;
- Upload or transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights;
- Upload or transmit any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, or any other form of solicitation;
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms;
- Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
- Attempt to circumvent any content filtering techniques or security measures;
- Use any robot, spider, scraper, or other automated means to access the Services;
- Take any action that imposes or may impose an unreasonable load on our infrastructure;
- Copy, modify, create derivative works of, reverse engineer, reverse assemble, disassemble, or decompile any part of the Services;
- Interfere with the proper functioning of the Services;
- Engage in behaviors that have the intention or effect of artificially increasing play count, views, traffic, or other metrics;
- Gain or attempt to gain unauthorized access to the Services or Company systems or networks;
- Evade user bans or other access restrictions;
- Use the Services in any manner not permitted by these Terms.
5. Intellectual Property Rights
The Services and all content therein are the exclusive property of Company and its licensors, including all copyrights, trademarks, service marks, trade names, logos, images, text, videos, accounts, patented technology, and other intellectual property (“IP”). You acknowledge that the Services constitute valuable trade secrets and confidential information of Company. Except as expressly authorized by Company in writing, you shall not reproduce, sell, market, or commercialize any part of the Services or Company IP.
6. Your Content
You retain ownership of any content you submit, upload, or otherwise make available on the Services (“Your Content”). However, by making Your Content available on the Services, you grant Company a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to access, use, store, copy, modify, create derivative works based upon, distribute, publish, display such content. You represent and warrant that you have all required rights and authority to grant such license to Company.
7. Indemnification
You agree to indemnify, defend, and hold harmless Company and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from:
(a) your breach of these Terms;
(b) any of Your Content; or
(c) your violation of applicable laws, rules, or regulations.
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification.
8. Disclaimers and Limitations of Liability
THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
COMPANY MAKES NO GUARANTEES OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE SERVICES, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS THEREIN. COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO ACCESS OR USE OF THE SERVICES.
9. Third Party Content
The Services may contain content, information, and materials provided or made available by third parties (“Third Party Content”). Company does not control, endorse, or adopt any Third Party Content, and makes no representations or warranties of any kind regarding such Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Company is not responsible or liable in any manner for any Third Party Content.
The Coaching Services may provide Users with access to content from third party professionals, including but not limited to parenting coaches, sales coaches, financial planners, etc. (“Professional Third Party Content”).
Such Professional Third Party Content is intended for informational and entertainment purposes only. The third party professionals providing such content are not licensed medical, mental health, financial, or other regulated professions. Professional Third Party Content does not constitute professional advice and should not be relied on as such. Company does not control, endorse, or adopt any Professional Third Party Content, and makes no representations or warranties of any kind regarding such content, including without limitation its accuracy or completeness.
10. Termination
Company may terminate your access and use of the Services at any time, for any reason, with or without cause, and without notice. Company shall have no liability for such termination.
11. Governing Law
These Terms shall be governed by the laws of the State of Arizona. You agree to submit to the personal and exclusive jurisdiction of the state courts located in Maricopa County, AZ and waive any jurisdictional, venue, or inconvenient forum objections.
12. Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
13. Amendments
Company may amend these Terms from time to time by posting the updated Terms on the Services. Such amendments shall be effective immediately. Your continued use of the Services following the posting of amendments constitutes your acceptance of such amendments.
14. Contact Us
If you have any questions about these Terms, please contact us at info@vitalspark.ai
