Terms of Use

1. Who we are

Vitagrit40 is operated by UAB Ernex, a company registered in the Republic of Lithuania under company code 306098837, with its registered office at Krokuvos g. 7A-5, LT-09314 Vilnius, Lithuania (“Vitagrit40”, “we”, “us”, “our”).

You can reach us at support@vitagrit40.com.

2. Your agreement to these Terms

By downloading, creating an account in, or otherwise using the Vitagrit40 mobile application and any related services (together, the “App”), you agree to these Terms of Use. If you do not agree, please do not use the App.

Our Privacy Policy explains how we handle your personal data and forms part of these Terms.

3. Who may use Vitagrit40

The App is intended for adults aged 18 or over. It is not directed to anyone under 18, and you may not use it if you are under 18.

4. What Vitagrit40 is — and what it is not

Vitagrit40 provides general fitness and nutrition guidance designed for men over 40, including training programs, exercise instructions, nutrition preferences and progress tracking.

Vitagrit40 is a general wellness and fitness product. It is not a medical device, and it does not provide medical advice, diagnosis or treatment. Nothing in the App replaces consultation with a qualified physician or other healthcare professional. Using the App does not create a doctor–patient or any other professional healthcare relationship between you and us.

Any training plan, calorie figure, load recommendation or nutrition suggestion generated by the App is an automated estimate based on the information you provide. It is not personalised medical advice and may not be appropriate for your individual health situation.

5. Health and safety — please read this section

Physical exercise carries inherent risks, including injury and, in rare cases, serious cardiac events. Those risks increase with age and with certain pre-existing conditions.

By using the App you acknowledge and agree that:

• You should consult a physician before beginning any new exercise or nutrition program, particularly if you are over 40, have been inactive, are pregnant, or have or suspect any medical condition.

• The App asks you to complete a PAR-Q+ health screening. You must answer these questions honestly and accurately. The screening is a safety measure, not a medical assessment, and the App cannot provide medical clearance.

• If your answers indicate that you should speak to a physician first, the App will tell you so and will not generate a training program for you until you confirm otherwise. You should not attempt to bypass this screening by giving inaccurate answers.

• If your health status changes after you complete the screening, you should update your answers in the App and, where appropriate, speak to your physician again.

• Stop exercising immediately and seek medical help if you experience chest pain or pressure, shortness of breath disproportionate to the effort, dizziness, faintness, irregular heartbeat, or any sharp or persistent pain.

• You are responsible for exercising within your own limits, using correct technique, using safe and appropriate equipment, and adapting or skipping any exercise that does not feel right for you.

• You use the App and perform any exercise it suggests at your own risk.

If you are under the care of a physician for any condition, follow your physician’s instructions in preference to anything the App suggests.

6. Your account

To use most features you need an account. You agree to:

• provide accurate information and keep it up to date;

• keep your password confidential and not share your account;

• be responsible for everything that happens under your account;

• notify us at support@vitagrit40.com if you believe your account has been used without your permission.

We may suspend or close an account that we reasonably believe has been used in breach of these Terms.

7. Subscriptions, free trial and billing

Vitagrit40 offers a paid subscription (“Vitagrit40 Pro”) on a monthly or annual basis, and may offer a free trial period.

• The App Store (Apple) or Google Play is the seller of record. Payment is charged to your Apple or Google account at confirmation of purchase, and all billing, refunds and cancellations are handled through that store under its own terms.

• Free trial. If a free trial is offered, it converts automatically into a paid subscription at the end of the trial period unless you cancel at least 24 hours before the trial ends. Free trials are available to new subscribers only, once per user.

• Automatic renewal. Subscriptions renew automatically for the same period unless auto-renewal is switched off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the period ends.

• Managing and cancelling. You can view, manage and cancel your subscription in your Apple ID or Google Play account settings at any time. Deleting the App does not cancel your subscription.

• Unused trial time. If you subscribe during a free trial, any unused portion of the trial is forfeited.

• Price and plan changes. We may change prices or the content of a plan. We will give you reasonable advance notice, and changes take effect from your next renewal. If you do not accept a change, you may cancel before it takes effect.

• Refunds. We do not process payments and therefore cannot issue refunds directly. Refund requests are handled by Apple or Google under their policies. This does not affect your mandatory statutory rights.

8. Consumers in the European Union — right of withdrawal

If you are a consumer in the EU, you normally have 14 days to withdraw from a distance contract for digital content.

By starting a subscription or free trial and gaining immediate access to the App’s content, you expressly request that we begin performance immediately and acknowledge that you lose your right of withdrawal once the digital content has been fully supplied. Because Apple and Google act as seller of record, their withdrawal and refund procedures apply.

This section does not limit any mandatory statutory rights you have as a consumer.

9. Acceptable use

You agree not to:

• use the App for any unlawful purpose or in breach of these Terms;

• copy, modify, reverse engineer, decompile or attempt to extract the source code of the App, except to the extent that applicable law expressly permits it;

• scrape, harvest or systematically extract content or data from the App;

• resell, sublicense, rent or commercially exploit the App or its content;

• share your account credentials or allow another person to use your subscription;

• interfere with the security or normal operation of the App or attempt to gain unauthorised access to it.

10. Intellectual property

The App and everything in it — including training programs, exercise descriptions and media, text, design, software, the Vitagrit40 name and logo — is owned by UAB Ernex or its licensors and is protected by intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the App for your own personal, non-commercial purposes. No other rights are granted.

11. Information you provide

You retain ownership of the information you enter into the App. You grant us a licence to store and process that information as necessary to operate the App and provide the service to you.

Health-related information, including your PAR-Q+ responses and body measurements, is special-category personal data and is handled as described in our Privacy Policy. We process it only with your explicit consent, and you may withdraw that consent at any time.

12. Third-party services

The App relies on third-party services, including Google Firebase (hosting, authentication and database), RevenueCat (subscription management), and the Apple App Store and Google Play. Your use of those services is also subject to their own terms and privacy policies. We are not responsible for third-party services.

13. Availability and changes to the App

We aim to keep the App available and working, but we do not guarantee uninterrupted or error-free operation. We may add, change, suspend or remove features, and we may need to take the App offline for maintenance. Where a change materially reduces what you have paid for, you may cancel your subscription.

14. Suspension and termination

You may stop using the App at any time and delete your account from within the App.

We may suspend or terminate your access if you materially breach these Terms, if we are required to do so by law, or if we discontinue the service. If we discontinue the service, we will give reasonable notice. Any refund of a paid subscription is handled by Apple or Google.

Sections that by their nature should survive termination (including Sections 5, 10, 15, 16 and 18) continue to apply.

15. Disclaimers

To the fullest extent permitted by applicable law, the App is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

We do not warrant that the App will produce any particular fitness, weight, body-composition or health outcome. Results depend on many factors outside our control.

Nothing in this section excludes or limits any warranty or right that cannot be excluded or limited under the law applicable to you as a consumer.

16. Limitation of liability

To the fullest extent permitted by applicable law:

• we are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, data or opportunity;

• our total aggregate liability arising out of or in connection with the App and these Terms is limited to the amount you paid for the App in the 12 months before the event giving rise to the claim.

Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot lawfully be excluded or limited, including mandatory consumer protections under Lithuanian or EU law.

17. Additional terms that apply to Apple App Store users

If you obtained the App from the Apple App Store, the following also applies:

• These Terms are concluded between you and UAB Ernex only, not with Apple. UAB Ernex, not Apple, is solely responsible for the App and its content.

• Apple has no obligation to furnish any maintenance or support in respect of the App.

• In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.

• UAB Ernex, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, claims arising under consumer protection or similar legislation, and any third-party claim that the App infringes intellectual property rights.

• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.

18. Governing law and disputes

These Terms are governed by the laws of the Republic of Lithuania, and the courts of Lithuania have jurisdiction.

If you are a consumer resident in the European Union, you also benefit from any mandatory provisions of the law of your country of residence, and nothing in these Terms deprives you of the right to bring proceedings in the courts of that country.

If you have a complaint, please contact us first at support@vitagrit40.com — we will try to resolve it directly.

19. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the “Last updated” date above and, where the change is material, notify you in the App or by email before it takes effect. Continuing to use the App after a change takes effect means you accept the updated Terms.

20. Contact

UAB Ernex Krokuvos g. 7A-5, LT-09314 Vilnius, Lithuania Company code 306098837

General and support: support@vitagrit40.com Privacy and data requests: privacy@vitagrit40.com