Terms of Service
Please read these terms carefully before using our services.
Application of These Terms of Use
The website ("Site") on which this Terms of Use ("Terms") appears is owned and operated by Vitäal Health LLC ("Vitäal Health," "we," "our," or "us"). For purposes of these Terms, "you" or "your" means the person accessing the Site and any persons that allow others to provide information about themselves to us.
Vitäal Health provides telemedicine consultations for men's sexual health, specifically erectile dysfunction treatment via prescription tadalafil (generic Cialis®). The Site may include: (i) information on men's health and erectile dysfunction; (ii) access to online questionnaires and technology-oriented tools for telehealth consultations; (iii) development and gathering of healthcare records and healthcare information for use in healthcare provider appointments and communications; (iv) administrative support in connection with scheduling healthcare provider services; and (v) telecommunications support for using the Services as a means of direct access to independent healthcare providers for communication, consultations, assessments, and treatment, in addition to other documents, tools, products, services, accounts, and offers (collectively, "Services").
VITAAL HEALTH DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR SUGGESTIONS FOR TREATMENT. PLEASE ONLY CONTACT YOUR PHYSICIAN OR HEALTH CARE PROVIDER CONCERNING YOUR PARTICULAR MEDICAL CONDITION OR CONCERNS.
AMONG OTHER ACTIVITIES, VITAAL HEALTH'S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH INDEPENDENT HEALTH CARE PROVIDERS. THE SERVICES DO NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. PLEASE DO NOT ATTEMPT TO COMMUNICATE WITH US ABOUT YOUR SPECIFIC MEDICAL CONDITION, EVEN IN AN EMERGENCY. WE DO NOT MONITOR YOUR COMMUNICATIONS TO US THROUGH THE SITE FOR THESE PURPOSES, AND WE MAY NOT RESPOND TO YOUR COMMUNICATION IN AN APPROPRIATE TIMEFRAME. CONTACT YOUR PHYSICIAN OR HEALTH CARE PROVIDER FOR ADVICE CONCERNING YOUR MEDICAL NEEDS. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS, AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE IF YOU VIOLATE THESE TERMS.
Mandatory Arbitration Notice and Class Action Waiver
These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Site or Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
We may make changes to the content available on the Site at any time. We can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site. By using the Site after we have updated the Terms, you are agreeing to the then-current Terms.
Privacy Policy
Besides these Terms, we also publish a Privacy Policy available on our website. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information.
Eligibility
To use our Services, you must meet the following requirements:
- Be at least 18 years of age
- Be a resident of the United States
- Have the legal capacity to enter into these Terms
Our Services are available only to residents of the United States. Some Services may not be available in all states due to state-specific regulations governing telehealth and prescription medications.
By using our Services, you represent and warrant that you meet these eligibility requirements.
Subscription Terms and Auto-Renewal
Supply Options
You may choose to receive:
- 30-day supply (30 tablets) - renews every 30 days
- 90-day supply (90 tablets) - renews every 90 days
- 180-day supply (180 tablets) - renews every 180 days
Trial Offer
We may offer promotional pricing for your first order. Trial pricing and terms will be clearly displayed during the checkout process.
IMPORTANT: You will only be charged AFTER a licensed healthcare provider reviews your medical information and approves your prescription. If your prescription is not approved, you will not be charged.
Automatic Renewal
After your initial order, your subscription will AUTOMATICALLY RENEW at the end of each supply period at the subscription price you selected during checkout.
BY SUBSCRIBING, YOU AUTHORIZE VITAAL HEALTH TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD FOR YOUR SUBSCRIPTION PRICE ON YOUR RENEWAL DATE UNLESS YOU CANCEL AT LEAST 6 DAYS BEFORE THAT DATE.
You will have an opportunity to review and agree to:
- Your subscription price
- Your renewal frequency (30, 90, or 180 days)
- Your renewal date
Physician Consultation Fees
Your subscription includes annual physician consultation services provided by our affiliated, independent licensed physician network.
The consultation fee is $20.00 per year and covers:
- Initial medical evaluation and prescription
- Annual medical review and prescription renewal (up to 12 months of refills)
- Unlimited secure messaging with licensed physicians
- Medical oversight and care management
Subscription Includes
Your monthly subscription provides:
- Daily tadalafil medication (30 tablets, 5mg)
- Annual physician consultation services
- Unlimited secure messaging with licensed physicians
- Discreet shipping from nationally accredited pharmacy
- Platform access and customer support
Pharmacy Quality Standards
Your medication is dispensed by a nationally accredited U.S. pharmacy licensed in 49 states with accreditations from PCAB, URAC, ACHC, NABP Healthcare Merchant Accreditation, and LegitScript Certified.
Price Changes
We reserve the right to change our subscription pricing at any time. We will notify you at least 30 days before any price increase takes effect for your subscription.
Cancellation and Refunds
How to Cancel
You may cancel your subscription at any time by:
- Emailing us at support@vitaalhealth.com, OR
- Logging into your account at vitaalhealth.com and selecting "Cancel Subscription"
Cancellation Timing
TO AVOID BEING CHARGED FOR YOUR NEXT RENEWAL, YOU MUST CANCEL AT LEAST 6 DAYS BEFORE YOUR RENEWAL DATE.
Your renewal date is the date your next shipment is scheduled. You can view your next renewal date in your account dashboard.
Refund Policy
Refunds Are Provided For:
- Prescription denial by healthcare provider (full refund of charges paid)
- Billing errors or duplicate charges
- Unauthorized charges
- Defective or damaged medication (contact us within 30 days of receipt)
No Refunds Are Provided For:
- Medication that has already been shipped
- Partial billing periods
- Unused portions of multi-month subscriptions
Accessing the Site and Services
We reserve the right to withdraw or amend this Site, and any Services or Materials we provide on the Site, in our sole discretion and without notice.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Site
- Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them
Account Security
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
Important Disclaimers Related to the Services
Vitäal Health is a telehealth platform. Independent, licensed healthcare providers ("Providers") use the Services to provide consultations and treatment recommendations to you.
You understand, agree, and acknowledge that:
- Any diagnosis you may receive is limited and, in some cases, provisional
- The health care services are not intended to replace a full medical evaluation or an in-person visit
- A Provider may not have important information usually obtained through a physical examination
- The absence of a physical examination may affect the provider's ability to diagnose
Vitäal Health's Role
Our role is limited to making certain telehealth related information available to you and helping facilitate your access to telemedicine and medical services. We do not engage in the practice of medicine. We do not provide medical advice.
VITAAL HEALTH IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SITE.
No Guarantee of Prescription
Completing a medical questionnaire or consultation does not guarantee that you will receive a prescription. The healthcare provider will determine whether tadalafil is medically appropriate for you based on your medical history, current medications, and health status.
Proprietary Rights and Your Use of the Site
Unless otherwise specified in these Terms, Vitäal Health owns all right, title, and interest in and to all information and screens appearing on this Site, including all Materials provided herein.
Subject to these Terms, we hereby grant to you a revocable, limited, personal, non-exclusive, and non-transferable license to use, access, view, print, display, and download the Site solely for your personal and non-commercial use.
Your Communications to the Site
By forwarding any content or communications to us through the Site or by other electronic means, you thereby grant us a perpetual, royalty-free, fully paid-up, world-wide, irrevocable, non-exclusive, freely transferable, and freely sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content.
Electronic Communications
By using the Site and/or the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information, order confirmations, renewal notifications, and other information concerning or related to the Site and/or Services.
Permitted Uses
By accessing or using the Site, you agree that:
- Your use of the Site is subject to and governed by these Terms
- You will only access or use the Site if you are at least eighteen (18) years old
- You will use the Site solely for its Services offered in the normal course of business
- You will always act in accordance with the law and in good faith
You further agree to not use the Site in any way that:
- Changes or alters the Site or content or Services
- Impairs in any way the integrity or operation of the Site
- Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property
- Violates any local, state, national or international law
User Contributions
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post content or materials ("User Contributions") on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion
- Take any action with respect to any User Contribution that we deem necessary or appropriate
- Terminate or suspend any of the rights granted to you in these Terms and your access to the Site
Content Standards
User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory
- Promote sexually explicit or pornographic material, violence, or discrimination
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights
- Violate the legal rights of others
- Promote any illegal activity
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes related to erectile dysfunction and men's sexual health. The information provided does not constitute medical advice or counsel.
Third-Party Links
This Site may link to other websites that are not sites controlled or operated by us ("Third-Party Sites"). You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions.
Linking to the Site and Social Media Features
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
Federal and State Laws
The Site is operated from the United States and is intended for U.S. residents only. When using the Site, you must obey all applicable U.S. federal, state, and local laws.
Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Limitation of Liability
OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT YOU PAID TO VITAAL HEALTH IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.
Indemnification
You agree to indemnify, defend and hold harmless us and our subsidiaries and affiliates for any and all losses, claims, demands, actions, liability, fines, penalties and expenses (including reasonable legal fees) that may arise from any of your acts through the use of the Site.
Copyright Complaints
We respect the intellectual property of others. If you have objections to copyrighted content or material made available on or through our Site, you may submit a notification to our designated agent at: support@vitaalhealth.com.
Injunctive Relief
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled to an injunction restraining such breach.
Mandatory Arbitration and Class Action Waiver
Most concerns can be resolved quickly and to your satisfaction by contacting us at support@vitaalhealth.com.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND YOU WAIVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT.
YOU AND VITAAL HEALTH MUTUALLY WAIVE ANY RIGHT TO A JURY TRIAL.
Opt-Out of Arbitration
You may reject this arbitration provision within thirty (30) days of accepting the Terms by sending written notice to:
Vitäal Health LLC
26023 Jefferson Avenue, Ste: D
Murrieta, CA 92562
Email: support@vitaalhealth.com
Your opt-out notice must include:
- Your full name
- Your email address
- Your mailing address
- A statement that you wish to opt out of this arbitration agreement
Other Terms
Entire Agreement (Merger)
These Terms (which hereby incorporate by reference any other provisions applicable to use of the Site, including our Privacy Policy and Telehealth Consent) constitutes the entire agreement between you and us.
Severability
If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction, the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable.
Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder without our prior written consent.
Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control.
Contact Information
If you have any questions or comments about these Terms or this Site, please contact us:
Support
support@vitaalhealth.comPrivacy
privacy@vitaalhealth.com26023 Jefferson Avenue
Suite D
Murrieta, CA 92562