Terms of Use

Last updated: June 14, 2026

1. Introduction

VegaLoop LLC (“VegaLoop”, “us”, “we”, or “our”) is the owner and operator of the website https://vegaloop.com (hereinafter referred to as “Service”). The Service includes VegaLoop’s marketing site, web app (app.vegaloop.com), iOS and Android mobile app(s). These Terms of Use (“Terms” or “Terms of Use”) govern your use of the Service.

Our Privacy Policy also governs your use of the Service and explains how we collect, safeguard and disclose personal information that is collected or obtained from your use of the Service. Please read it at https://vegaloop.com/privacy/.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). It is your responsibility to read the Agreements in full prior to using the Service. If you do not agree with any portion of these Agreements, your only recourse is to refrain from using the Service.

2. Service

The Service operates as a healthcare technology platform designed to help users monitor, organize, and better understand their health, wellness, fitness, nutrition, and recovery needs and progress. The Service may integrate with third-party devices, applications, and services to provide recommendations, and support personal wellness and lifestyle management. VegaLoop is not a medical provider and does not provide medical advice, diagnosis, or treatment.

3. Application

These Terms of Use set forth the terms under which we provide and grant access to the Service. Please note that the Service is currently in development.

By using the Service, you agree to comply with these Terms of Use, in full. Please read and review these Terms prior to using the Service as you will be subject to these Terms as though you manually signed them.

These Terms are enforceable and binding upon your initial access or visit to the Service. By accessing, visiting, browsing or otherwise using the Service, you shall be deemed to have accepted these Terms in full. Moreover, you are encouraged to review these Terms periodically to keep up to date with the latest version.

These Terms constitute a binding and enforceable agreement between you and us. You acknowledge that we are not bound by any other agreements, terms or policies, except for the Agreements.

4. Purchases

Products or services may be available for purchase on the Service. If you wish to purchase any product or service made available through the Service (each, a “Purchase”), you may be asked to supply your payment information to complete the Purchase. Your payment information may include, without limitation, your credit card number, the expiration date of your credit card, and your billing address.

By providing us with your payment information, you represent and warrant to us that: (i) you have the legal right to use any payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

Payment Method

If you provided a bank account for payment purposes, we or our designated payment processing company may initiate ACH debit or credit entries, as applicable, to the designated bank account.

If you provided a credit card as a payment method for purposes of the Purchase, we or our designated payment processing company may debit or charge such card to fund the Purchase. You understand that by providing your credit card as a payment method, you will be deemed to have provided a written authorization allowing us to charge your credit card. In compliance with applicable laws, you may withdraw the authorization granted to us allowing us to charge your debit or credit card, as applicable.

Payment Processing Services

We may employ the use of third-party payment processing services for the purpose of facilitating payment and the completion of Purchases. By submitting your payment information, you grant us the right to provide the information to the designated third party. Our transmission of your information to the third party is governed by and subject to our Privacy Policy.

Right to Refuse or Cancel

If we receive unusable or incorrect payment information, we may elect not to process the Purchase. We may also refuse to process any Purchase to comply with any applicable laws, regulations or to prevent money laundering and terrorist funding. Additionally, we reserve the right to refuse or cancel a Purchase if fraud or an unauthorized or illegal transaction is suspected.

We reserve the right to refuse or cancel your Purchase at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

5. Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). In case of a Subscription, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of Subscription plan purchased.

Subscription Fee

The Subscription fee will be listed on the Service.

The Subscription fee will be payable according to the Billing Cycle. The Subscription fee is exclusive of any taxes, duties and levies. You are responsible for paying all applicable taxes charged in connection with your Subscription.

We reserve the right to modify the fee for the Subscription and other fees at our discretion. The revised fee will be published on the Service as promptly as possible. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Any changes to pricing will not affect past Subscriptions that have already been paid and provided.

VegaLoop will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after a Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Duration of the Subscription

The Subscription will allow you to benefit from the services included during the Subscription period. You will be responsible for the payment of the Subscription fees for the duration selected.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless it is canceled by you or VegaLoop. You may cancel your Subscription renewal through your online account management page or by contacting us at support@vegaloop.com.

Cancellation of the Subscription

Once your Subscription is effectively canceled, you will no longer benefit from access to the services subject to the Subscription. Your payment information will cease to be billed on the effective cancellation date.

Any Subscription cancellation will not give rise to a refund or reimbursement of any kind. As such, we will not refund fees already paid for Subscriptions. Unless otherwise indicated, your corresponding user account will remain active, even if you no longer hold a valid Subscription.

Payment Method

A valid payment method is required to process the payment for your Subscription. You must provide VegaLoop with accurate and complete billing information. By submitting such payment information, you authorize VegaLoop to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, VegaLoop will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

6. Free Trial

VegaLoop may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for a Free Trial.

If you do enter your billing information when signing up for a Free Trial, you will not be charged by VegaLoop until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, VegaLoop reserves the right to (i) modify the terms of a Free Trial offer, or (ii) cancel such Free Trial offer.

7. Additional Fees

You acknowledge that additional fees may be charged by the financial institution for the use of the payment method, and these fees are independent of the Subscription fee or other fees. We are not responsible for any fees charged by the financial institution, such as and without limitation, non-sufficient funds fees (NSF) and chargeback fees.

8. Refunds

Except when required by law, paid Subscription fees are non-refundable.

Error or Dissatisfaction

If you determine that an error was made with respect to a Subscription or a Purchase or in case of dissatisfaction with either, you must submit a refund request to us within thirty (30) days of the date the purchase was initiated. Any such requests shall be provided in writing, and shall provide reasonable justification for the request. Any refund requests shall be at our discretion, and without obligation.

Incorrect Information Inputted

In the event that a Subscription or a Purchase cannot be completed due to incorrect information inputted or an error, we will request that you update the information accordingly in a timely manner. We shall be permitted to cancel a Subscription or a Purchase if you fail or neglect to correct the issue within a reasonable delay of our request. If a Subscription or a Purchase is canceled by us, we may offer a partial or full refund. Any refund requests shall be at our discretion, and without obligation.

Errors Affecting Transactions

In the event of an error affecting a Subscription or a Purchase, you will immediately notify us in writing and provide any documentation available to support the claim. We will review the claim of error, and may request additional information if needed. If we determine an error occurred based on an analysis pursuant to these Terms and applicable law, we may offer a partial or full refund. Any refund requests shall be at our discretion, and without obligation.

9. Content

The Service allows you to post, link, share and otherwise make available certain information, text, graphics or other material (“Content”). For clarity, nutrition logs, workout data, goals, biometric entries and other Health and Wellness Data that you privately input, upload, sync or store through the Service are not Content unless and only to the extent that you affirmatively choose to share specific information through a sharing feature of the Service after being presented with the information to be shared and the intended destination or audience. Health and Wellness Data that you do not affirmatively choose to share remains governed by our Privacy Policy and is processed by VegaLoop only as described therein. You are responsible for Content that you post or share on or through the Service, including its legality, reliability and appropriateness.

You acknowledge and understand that Content you intentionally post or share through the Service may be visible to other users or otherwise publicly accessible depending on the destination, audience, features and settings selected by you. Health and Wellness Data that you privately input, upload, sync or store through the Service will not be visible to other users or shared outside the Service unless you affirmatively choose to share specific information through an available sharing feature or otherwise authorize such disclosure. Accordingly, you agree to exercise caution and good judgment when posting or sharing Content and to review the information and destination or audience presented to you before completing any share.

Representations and Warranties Regarding Content

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) the Content does not violate any third party intellectual property rights, and (iii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

Responsibility for Content

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service.

Unless otherwise specified, we will not pre-verify all Content prior to its publication on the Service. VegaLoop has the right but not the obligation to monitor and edit all Content provided by users. You agree to share and publish Content that is appropriate, relevant and suitable for purposes of the Service.

License to Content

By posting or sharing Content using the Service, including specific Health and Wellness Data that you affirmatively choose to share through a sharing feature of the Service, you grant us a worldwide, non-exclusive and sublicensable license to host, reproduce, display, transmit, disseminate and otherwise use that Content only as reasonably necessary to provide the sharing functionality selected by you, operate and improve the Service, and comply with applicable law. This license applies only to the specific Content you intentionally post or share and does not apply to any underlying Health and Wellness Data that you privately input, upload, sync or store through the Service and do not affirmatively choose to share.

10. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(d) To impersonate or attempt to impersonate VegaLoop, a VegaLoop employee, another user, or any other person or entity.

(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend VegaLoop or users of the Service or expose them to liability.

(g) To disrespect, harass, intimidate or bully users of the Service.

(h) To encourage or engage in multi-level marketing, pyramid schemes, and illegal recruitment.

(i) To publish, post or share defamatory, disparaging, false or otherwise illicit claims or remarks involving the Service and/or VegaLoop.

Additionally, you agree not to:

(a) Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service.

(b) Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

(c) Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of the Service.

(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

(g) Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

(h) Take any action that may damage or falsify our company ratings.

(i) Otherwise attempt to interfere with the proper working of the Service.

In case of any violation or breach of the conditions and obligations set forth herein by you, VegaLoop will remove you from the Service, or terminate your account on the Service.

11. Health and Wellness Disclaimer

The Service provides tools for tracking nutrition, activity, biometrics, and goals for general wellness purposes only. The Service is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. You further acknowledge that any tools and recommendations provided by the Service should not be construed and are not intended to serve as medical advice, treatment or recommendations. Any such tools and recommendations generated by the Service should not be regarded as a diagnosis or as a substitute for a qualified trainer, healthcare provider, medical or other licensed professional.

Training readiness assessments, nutrition insights, and any other recommendations provided by the Service are for informational purposes only and should not be considered medical advice. Always consult with a qualified healthcare professional before making changes to your diet, exercise routine, or health regimen.

You acknowledge that you use the Service and act on any information provided by the Service at your own risk.

VegaLoop makes no guarantee that use of the Service will improve health or athletic performance or produce specific results. All information provided by the Service is for informational purposes only and should not be considered professional coaching or medical advice.

Neither the Service nor any information provided by the Service should be construed as professional advice. The Service and the information provided by the Service should not be treated as a substitute for your own judgment. We will not be responsible for the outcome of any interventions resulting from reliance upon the Service nor any information provided on the Service.

12. Health Data Disclaimer

The Service may allow you to input, upload, store, or process information relating to health, wellness, fitness, nutrition and related personal information. While we have implemented commercially reasonable safeguards to help protect user data, no online transmission, storage, or security is completely secure or guaranteed against unauthorized use.

You understand that VegaLoop is a general wellness and lifestyle platform and not a hospital, healthcare provider, health insurance provider, or other “covered entity” as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Unless expressly stated otherwise in writing by VegaLoop, VegaLoop does not operate as a “business associate” under HIPAA and the information submitted to the Service may not be subject to HIPAA protections or requirements.

Accordingly, please exercise caution before uploading or transmitting highly sensitive medical information on the Service, including medical records, diagnoses, laboratory results and other protected health information that is not necessary for use of the Service.

13. Use By Minors

The Service is not intended for children under the age of thirteen (13). Individuals between thirteen (13) and eighteen (18) years of age may use the Service only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

We advise parents or legal guardians who permit their children to use the Service that it is important that they communicate with their children about their safety online.

14. Your Representations and Warranties

To use the Service, you represent and warrant the following to VegaLoop:

(i) You are at least thirteen (13) years of age.

(ii) Your use of the Service will, at all times, comply with all applicable, international, federal, state and local laws and regulations.

(iii) You are not subject to any restrictions that would prevent you from accessing or using the Service and/or creating an account on the Service.

(iv) You have the required power and authority to enter into these Terms.

(v) Your use of the Service will not conflict with any order, judgment, agreement or relationship to which you are bound.

(vi) Your access and use of the Service will not infringe upon any rights of VegaLoop, including any copyrights, intellectual property rights or rights of any nature held by VegaLoop.

15. Accounts

Personal Data Provided as Part of User Accounts

In the creation of an account on the Service, you will be asked to provide personal or private information, such as the first name, last name, email address, username and password.

All personal data provided in connection with your account must be accurate, true, complete and current to the best of your knowledge. You remain responsible for updating any personal data submitted on the Service which becomes outdated, expired or no longer valid.

All personal information or data submitted as part of your account will be handled according to our Privacy Policy.

Confidentiality and Security

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. Your account on the Service will be secured by a password. You remain responsible for ensuring the password to your account remains confidential and secret. In the event of a security breach, such as loss, theft, or a compromised password, you must notify us immediately upon becoming aware.

To ensure the security of your account, we encourage you to immediately change your password if you suspect it has been compromised.

You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Service or a third-party service.

Your account is personal to you. You may not use an account that does not belong to you. You must therefore refrain from sharing your login details with any third parties. As such, you may not transfer your account to any third party, including employees, colleagues or other third parties. Any use or access of another account on the Service is prohibited.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion.

Authorization Granted

By accessing and using the Service, you authorize us to conduct verifications and investigations, on our own or through an authorized third-party provider, for purposes of identity verification. In addition, you authorize us to verify and validate the information you shared. We reserve the right to request or obtain additional information to verify your identity through third-party databases or other sources. We may also require you to confirm the validity and control of the email address you submitted and of your payment information.

16. Communications

By creating an account on the Service, you may receive newsletters, marketing or promotional materials and other information from us. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support@vegaloop.com.

We may send relevant correspondences, notices, and information to you in writing. For legal purposes, communications sent via email or as notifications through the Service are construed as fulfilling the requirement for written communication.

Written communications help ensure that requests can be properly tracked and processed.

Considering we may send emails related to the Service, please ensure to provide us with your current and valid email address. Any emails sent by VegaLoop to the email address you provided will be considered effectively delivered.

17. Electronic Acceptance

The following categories of information may be provided electronically by VegaLoop:

(i) These Terms;

(ii) Any Purchase and Subscription records and details concluded using the Service;

(iii) All notices and disclosures regarding the Service, including initial disclosures, periodic updates, and other notices required by applicable laws and regulations;

(iv) Customer support tickets and communications, including responses to inquiries, and errors.

18. Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of VegaLoop and its licensors. As such, the Service and its original content is proprietary to VegaLoop and may not be reproduced or shared without VegaLoop’s prior written consent.

The Service is protected by copyright, trademark, and other laws of the United States. All rights relating thereto are reserved. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Limited License

VegaLoop grants you a limited and revocable license to copy and use the Service and its original content for personal, non-commercial use and reference purposes. You are not authorized to use the same for commercial or business purposes, except with our prior written permission.

Right to Revoke License

The limited license granted by VegaLoop may be revoked at any time if you violate these Terms, or use the Service for any purpose not explicitly authorized by these Terms. If the limited license has been revoked, terminated or expired, you agree to delete and destroy all materials obtained from the Service.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized to act on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright Infringement, please submit your claim via email to support@vegaloop.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the Infringement of any Content found on and/or through the Service on your copyright.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

(c) identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at support@vegaloop.com.

21. Error Reporting and Feedback

You may provide us directly at support@vegaloop.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to the Service (“Feedback”).

You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) VegaLoop may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) VegaLoop is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant VegaLoop and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

22. Privacy and Security

By publishing or intentionally sharing Content on the Service, you allow us to use, communicate, share, disclose or otherwise reproduce that Content in accordance with these Terms and our Privacy Policy. Health and Wellness Data that you privately input, upload, sync or store through the Service will be handled in accordance with our Privacy Policy.

Your personal information and data will be handled according to our Privacy Policy.

The Service may contain links to third party websites or services that are not owned or controlled by VegaLoop. These links are not intended to be governed by these Terms.

VegaLoop has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

When you select a third-party service linked on the Service, you may leave the Service without any warning. At such point, you will be subject to the terms and conditions and privacy policies of the third-party services accessed. The third-party services are not managed nor controlled by VegaLoop, unless otherwise stated.

We supply links to third-party services for convenience, and do not review, approve, monitor, endorse, warrant, or provide any representations regarding the third-party services. You agree that your use of any links to third-party services shall be at your own risk. Once you exit the Service, these Terms will no longer apply to your browsing and usage. You are encouraged to review the applicable terms and practices of the third-party services before engaging in any transactions with third parties.

YOU ACKNOWLEDGE AND AGREE THAT VEGALOOP 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 USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

24. Disclaimer Of Warranty

THE SERVICE IS PROVIDED BY VEGALOOP ON AN “AS IS” AND “AS AVAILABLE” BASIS. VEGALOOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER VEGALOOP NOR ANY PERSON ASSOCIATED WITH VEGALOOP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER VEGALOOP NOR ANYONE ASSOCIATED WITH VEGALOOP REPRESENTS OR WARRANTS THAT THE SERVICE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

VEGALOOP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

VegaLoop is unable to warrant that: (i) the Service will be available at all times, without interruption and error; (ii) the information and recommendations available on the Service will be accurate, valid, current and reliable; (iii) any defects, omissions or errors with respect to the Service will be immediately corrected; and (iv) any products or services available through the Service shall be free of harmful components.

You acknowledge that VegaLoop will not be responsible for any service interruptions, including, without limitation, power outages, system failures or other interruptions beyond its reasonable control.

In consideration of the disclaimers set forth above, you agree that your use of the Service will be at your own risk, discretion and expense. You will be held responsible for any claims, costs, expenses and fees incurred in connection with your use of the Service.

25. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF VEGALOOP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF VEGALOOP, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Aggregate Liability

To the fullest extent permitted by law, VegaLoop’s aggregate liability under these Terms will be limited to the lower of the following: (i) the amount paid to us by you in the six (6) months preceding the date of the event giving rise to the claim, or (ii) one hundred dollars ($100.00 USD).

26. Indemnity

You agree to indemnify and hold VegaLoop, its members, officers, directors, affiliates, agents and employees harmless from and against all losses, damages, liabilities, costs and expenses, including attorney fees, in connection with any claims, actions, proceedings, investigations or suits brought by a third party, arising out of (i) your breach of any representation or warranty provided under these Terms, (ii) your failure to comply with these Terms, applicable laws or regulations and/or (iii) your gross negligence or fraud with regard to the Service.

27. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

Additionally, we reserve the right to terminate your account upon the occurrence of any or all of the following: (i) you failed or neglected to pay the sums due on their due date; or (ii) your use of the Service breaches these Terms, any applicable law or is contrary to public interest.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Right to Investigate

VegaLoop reserves the right to investigate, verify, evaluate and otherwise look into any potential violations of these Terms, any other policies set forth by VegaLoop, or any applicable legislation, regulations or binding terms. You agree to cooperate with us during the course of any such investigations by submitting requested documentation or information.

28. Disputes

Prior to undertaking any legal or arbitration proceedings, we will each use reasonable efforts to resolve the dispute amicably.

Jurisdiction

The following matters may be brought before the competent courts located in the State of Minnesota: (i) a request for an injunction or other equitable relief, or (ii) the enforcement of any rights and obligations set forth in these Terms.

Any other disputes will be resolved exclusively by mandatory arbitration, except for those subject to the jurisdiction of the courts, or unless you opted out of the arbitration process in accordance with these Terms.

Opting Out

To opt out of the arbitration process, please send us a written request prior to or upon creating an account on the Service. Any approved opting out requests will result in disputes being transferred to and handled by the courts, rather than arbitration.

Arbitration

Subject to the conditions set forth in these Terms, unresolved disputes will be referred to and finally resolved by binding arbitration. Arbitration will be administered in accordance with the standards set forth by the American Arbitration Association. Arbitration will be presided by one (1) arbitrator, unless the amount in dispute requires otherwise. The language used during the arbitral proceedings will be English.

Each party shall bear its own fees and costs associated with participating in the arbitration, including arbitrator fees and administrative costs.

The arbitration will be kept confidential. The arbitrator will benefit from the authority to award damages. The arbitration award will be final and binding.

Waivers of Jury Trial and Class Action

You waive the right to a jury trial in any litigation or arbitration proceedings commenced in connection with these Terms. You acknowledge that the arbitration will be individual and not class arbitration. All claims must be brought in your individual capacity, and not as part of a class action or combined claim.

29. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Minnesota without regard to its conflict of law provisions.

30. Changes To Service

We reserve the right to withdraw or amend the Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

31. Amendments

We may amend these Terms at any time, at our sole discretion. The latest version of these Terms will be published on the Service, and will specify the date of the latest revision. Any changes to these Terms will be binding and effective as of the date specified in the header. It is your responsibility to review these Terms periodically to remain informed of the latest version.

Your continued use of the Service following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they will be binding upon you.

32. Waiver

No waiver by VegaLoop of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of VegaLoop to assert a right or provision under these Terms will not constitute a waiver of such right or provision. No waiver by us, whether by conduct or otherwise, of any provision of these Terms will be effective unless provided in a duly executed written instrument by us.

33. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

34. Acknowledgement

BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

35. Contact Us

We welcome questions and comments regarding these Terms and the Service. Please send your feedback, comments, and requests for technical support to us by email: support@vegaloop.com.