Terms and Conditions

Effective Date: 06/01/2025

This agreement ("Terms") is entered into between you, the User of this Website, and VitalFolio, LLC ("We," "Us," "Our"), a California limited liability company and the owner of this Website.

Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you purchase Services, the clauses related to purchases will also apply. If you do not agree to be bound by these Terms, you must stop using the Website immediately.

Your order for Services constitutes a contractual offer, and Our acceptance of that offer is deemed to occur upon Our sending of a confirmation email to you indicating that your order has been accepted.

1. Definitions and Interpretation
In this Agreement, the following terms shall have the following meanings:
"Account": Collectively the personal information, Payment Information, and credentials used by Users to access Services or any communications System on the Website.
"Content": Any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored on a computer that appears on or forms part of this Website.
"Services": The services available to you through this Website, specifically the use of the VitalFolio, LLC proprietary e-learning platform and related Content.
"Payment Information": Any details required for the purchase of Services from this Website, including but not limited to, credit/debit card numbers and billing information.
"System": Any online communications infrastructure that We make available through the Website, including but not limited to, web-based email, message boards, and email links.
"User" / "Users": Any third party that accesses the Website and is not employed by VitalFolio, LLC and acting in the course of their employment.
"Website": The website you are currently using (www.hemoncbytes.com) and any sub-domains of this site (e.g., app.hemoncbytes.com) unless expressly excluded by their own terms and conditions.

2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.

3. Business Customers
These Terms also apply to customers procuring Services in the course of business.

4. Intellectual Property
4.1. Subject to the exceptions in Clause 5 of these Terms, all Content included on the Website, unless uploaded by Users, is the property of VitalFolio, LLC, our affiliates, or other relevant third parties. This includes, but is not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software. By continuing to use the Website, you acknowledge that such material is protected by applicable United States and international intellectual property and other laws.
4.2. You may not reproduce, copy, distribute, store, or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5. Third-Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights, including but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. You may not re-use such material unless given express written permission to do so by the relevant third party.

6. Fair Use
Material from the Website may be re-used without written permission where any of the exceptions detailed in the Fair Use doctrine under United States copyright law (17 U.S.C. § 107) apply.

7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of VitalFolio, LLC or Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of their use. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page (www.hemoncbytes.com) without Our prior permission. Deep linking (i.e., links to specific pages within the site) requires Our express written permission. To request permission, please contact Us at support@hemoncbytes.com.

9. Use of Communications System
9.1. When using any System on the Website, you must do so in accordance with the following rules. Failure to comply may result in your Account being suspended or closed:
9.1.1. You must not use obscene or vulgar language.
9.1.2. You must not submit Content that is unlawful or otherwise objectionable, including Content that is abusive, threatening, harassing, defamatory, ageist, sexist, or racist.
9.1.3. You must not submit Content that is intended to promote or incite violence.
9.1.4. You must not impersonate other people, particularly employees and representatives of VitalFolio, LLC or Our affiliates.
9.1.5. You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail."
9.2. You acknowledge that We reserve the right to monitor any and all communications made to Us or using Our System.
9.3. You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information.

10. Accounts
10.1. To procure Services, you must create an Account. By creating an Account, you represent and warrant that:
10.1.1. All information you submit is accurate and truthful;
10.1.2. You have permission to submit any Payment Information you provide; and
10.1.3. You will keep this information accurate and up-to-date.
10.2. It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you.
10.3. If you believe your Account details have been compromised, you must contact Us immediately at support@hemoncbytes.com to suspend your Account.

11. Termination and Cancellation of Accounts
11.1. Either VitalFolio, LLC or you may terminate your Account. If We terminate your Account, you will be notified by email. We reserve the right to terminate any Account at our sole discretion, with or without reason.
11.2. If We terminate your Account, any current or pending orders for which payment has been received will be handled in accordance with our cancellation policy in Clause 14.

12. Services, Pricing, and Availability
12.1. While We endeavor to ensure all descriptions of Services are accurate, we are not responsible for minor variations from these descriptions.
12.2. We do not represent or warrant that Services will be available at all times.
12.3. All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time as necessary.
12.4. In the event that prices change between an order being placed and Us processing that order, the price valid at the time of the order shall apply.

13. Provision of Services
13.1. Our acceptance of your order is indicated by Us sending you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between VitalFolio, LLC and you.
13.2. Order confirmations will be sent to you before the Services begin and will contain confirmation of the Services ordered and fully itemized pricing.
13.3. If We, for any reason, do not accept your order, any sums paid by you in relation to that order will be refunded within 14 calendar days.
13.4. Payment for Services will be charged to your chosen payment method in advance on a recurring basis (the "Billing Cycle"). Your first payment will be charged upon confirmation of your order, and subsequent payments will be charged on the same day of each following month or year, depending on your subscription plan.
13.5. We will use all reasonable endeavors to provide the Services with reasonable skill and care.
13.6. We provide technical support via email at support@hemoncbytes.com. We make every effort to respond in a timely manner but do not guarantee a particular response time.

14. Medical Disclaimer
The Content on this Website, including all text, data, and information provided through the Services, is for informational and educational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The field of medicine is constantly evolving. You are responsible for verifying all information and should never disregard professional medical advice or delay in seeking it because of something you have read on this Website. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by this Website is solely at your own risk.

15. Cancellation and Refund Policy
You may cancel your subscription for Services at any time by contacting Us at support@hemoncbytes.com or through your Account settings on the Website. Your cancellation will be effective at the end of your current paid Billing Cycle. We do not provide refunds or credits for any partial subscription periods or unused Services. Upon cancellation, you will continue to have access to the Services through the end of your billing period.

16. Privacy and Use of Personal Information
16.1. Use of the Website is also governed by our Privacy Policy, which can be found at www.hemoncbytes.com/privacy-policy and is incorporated into these Terms by this reference.
16.2. All personal information that We may collect will be collected, used, and held in accordance with applicable U.S. federal and state data privacy laws, including the California Consumer Privacy Act (CCPA).
16.3. We may use your personal information to:
16.3.1. Provide Our Services to you;
16.3.2. Process your payment for the Services; and
16.3.3. Inform you of new products and services available from Us, from which you may opt-out at any time.
16.4. We will not pass on your personal information to any other third parties for marketing purposes without first obtaining your express permission.

17. General Disclaimers
17.1. We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
17.2. While We use reasonable endeavors to ensure that the Website is secure and free of errors, viruses, and other malware, you are responsible for your own internet security, personal details, and computers.

18. Changes to the Website and these Terms
We reserve the right to change the Website, its Content, or these Terms at any time. You will be bound by any changes to the Terms from the first time you use the Website following the changes. If We are required to make any changes to these Terms by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19. Availability of the Website
19.1. The Website and Services are provided “as is” and on an “as available” basis. We give no warranty that the Website or Services will be free of defects and/or faults, and we do not provide any kind of refund for outages.
19.2. We accept no liability for any disruption or non-availability of the Website resulting from external causes, including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.

20. Limitation of Liability
20.1. To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of the Website or any information contained therein. You use the Website and its Content at your own risk.
20.2. Nothing in these Terms excludes or restricts Our liability for death or personal injury resulting from any negligence or fraud on Our part.
20.3. In no event shall the total liability of VitalFolio, LLC to you for all damages, losses, and causes of action exceed the total amount you have paid to Us in the preceding twelve (12) months, or one hundred dollars ($100), if you have not had any payment obligations to us.
20.4. In the event that any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term is to be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining Terms.

21. No Waiver
In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions
In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.

23. Third-Party Rights
Nothing in these Terms shall confer any rights upon any third party. The agreement created by these Terms is between you and VitalFolio, LLC.

24. Communications
24.1. All notices and communications shall be given to Us by email at support@hemoncbytes.com. Such notice will be deemed received the day of sending if the email is received in full on a business day, and on the next business day if the email is sent on a weekend or public holiday.
24.2. We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email you receive from Us.

25. Law and Jurisdiction
These Terms and the relationship between you and VitalFolio, LLC shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You and VitalFolio, LLC agree to submit to the exclusive jurisdiction of the state and federal courts located in Sacramento, California to resolve any legal matter arising from the Terms.