Terms of Service
Terms of Service – MyVitally
Table of Contents
- Introduction
- Accessing the Service and Account Security
- Intellectual Property Rights and Ownership of Service
- Automatic Renewal and Cancellation of Subscription Policy
- Products, Pricing, and Purchases
- Returns & Refunds
- Shipping, Import Duties & Responsibilities
- Accuracy of Information and Reliance on Information Posted
- SMS/MMS Mobile Messaging Marketing Program
- Linking to MyVitally's Service and Linked Sites
- Prohibited Uses
- User Contributions and Content Standards
- Disclaimers and Limitations of Liability
- Disclaimer of Medical Advice
- Indemnification
- Information Collected About You
- Geographic Availability
- Copyright Policy
- Governing Law and Dispute Resolution
- Additional Terms
- Contact
1. Introduction
PLEASE READ THESE TERMS OF SERVICE (THE "TERMS") CAREFULLY. This website is operated by TQ Global VOF (registered in the Netherlands), located at Kruithuisstraat 11, 4515 AX IJzendijke, the Netherlands, doing business as MyVitally ("MyVitally," "we," "us," or "our"). These Terms apply to and govern your access to and use of any website, mobile website, social media presence, or other digital platform operated by us, including all information, tools, services, and products available through them (collectively, the "Service"), and including any transactions, orders, or purchases made through the Service.
By using the Service or making any purchase, you acknowledge, accept, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, please do not use the Service.
By using the Service, you confirm that you are at least the age of majority in your jurisdiction of residence, or that you have obtained parental or guardian consent. The Service is not intended for use by individuals under the age of 18.
We reserve the right to update these Terms at any time. Material changes will be communicated by posting the updated Terms on this page and, where you have an account with us, by email. Your continued use of the Service after such changes constitutes your acceptance of the updated Terms.
These Terms are written in English. To the extent any translated version conflicts with the English version, the English version shall control.
2. Accessing the Service and Account Security
We reserve the right to withdraw or amend the Service, in whole or in part, at our discretion and without notice.
If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at support@myvitally.com of any unauthorized use of your account.
You are solely responsible for ensuring that all information you provide to us is accurate, current, and complete, and for promptly updating it as needed to complete your transactions.
3. Intellectual Property Rights and Ownership of Service
All content on the Service, including text, graphics, logos, product names, designs, images, and software (the "Content"), is the property of MyVitally, TQ Global VOF, or our licensors, and is protected by applicable copyright, trademark, and other intellectual property laws.
You are granted a limited, revocable, non-transferable license to access and use the Service for personal, non-commercial purposes only. You may not copy, modify, distribute, sell, or exploit any Content without our prior written consent. Reselling or listing our products on third-party marketplaces without our written authorization is prohibited.
4. Automatic Renewal and Cancellation of Subscription Policy
Certain MyVitally products may be purchased as a recurring subscription ("Subscription"). By purchasing a Subscription, you agree to the following:
4.1 Your payment method will be charged on the day you sign up for the Subscription, and again automatically at the start of each renewal term, at the interval you selected at checkout (e.g., every 30, 60, or 90 days).
4.2 Your Subscription will continue indefinitely until cancelled by you or terminated by us in accordance with these Terms.
4.3 We will always clearly disclose the Subscription price, billing frequency, and cancellation terms before you complete your purchase. Nothing is added to your order automatically without your explicit consent at checkout — this is a core commitment of ours.
4.4 If we increase the price of your Subscription or change its terms, we will notify you in writing before the change takes effect on your next renewal.
4.5 You may cancel, pause, or skip your Subscription at any time, with no cancellation fees and no minimum commitment. To cancel, contact us at support@myvitally.com. You must cancel before your next renewal date to avoid being charged for the upcoming term. Your account will remain active for the remainder of the current billing cycle following cancellation.
4.6 Unlike some competitors in our category, we do not charge a "discount clawback" or penalty fee if you cancel after only one shipment — the price you were quoted is the price you pay, with no hidden conditions.
4.7 If a renewal payment is declined, we may retry the charge over a reasonable period. If payment ultimately cannot be collected, we reserve the right to suspend or cancel the Subscription and withhold shipment until a valid payment method is provided.
If you have any questions about your Subscription or how to cancel it, contact us at support@myvitally.com.
5. Products, Pricing, and Purchases
5.1 All content on the Service, including product descriptions, images, and prices, is subject to change without notice. We make reasonable efforts to display products accurately, but we cannot guarantee that colors or details will display identically on every screen.
5.2 Prices are displayed in USD unless otherwise shown in your local currency at checkout. Prices do not include applicable import duties, taxes, or customs fees (see Section 7).
5.3 We reserve the right to refuse or cancel any order, including in cases of pricing or availability errors, suspected fraud, or suspected reselling activity. If your payment method has already been charged for a cancelled order, we will issue a full refund.
5.4 Promotional codes and discounts are limited in nature, non-transferable, not redeemable for cash, and may be modified or discontinued at any time.
5.5 You represent that you have the right to use the payment method provided and that all billing information you supply is accurate and current.
6. Returns & Refunds
6.1 We offer a 60-day return window on unopened, unused products, calculated from the date of delivery. For full details on eligibility, the return process, and refund timing, please see our [Return & Refund Policy].
6.2 For health and safety reasons, products that have been opened or used cannot be returned, in line with standard practice across the supplement industry.
6.3 If your order arrives damaged or a product is defective, we will replace it or refund you in full. Please contact us within 7 days of delivery with a photo of the issue, as described in our Return & Refund Policy.
6.4 Nothing in this section limits any statutory right of withdrawal or consumer guarantee you may have under the laws of your country of residence.
7. Shipping, Import Duties & Responsibilities
7.1 Orders are shipped under Delivered at Place (DAP) terms (Incoterms®). The Customer is considered the importer of record and is responsible for any import duties, taxes, or customs clearance fees, which are not included in the purchase price and may be collected upon delivery.
7.2 Orders are typically processed within 1–3 business days, with an estimated delivery time of 7–15 business days. These are estimates only; we are not liable for delays caused by carriers, customs authorities, or other factors outside our control.
7.3 Risk of loss and title to items passes to you upon our delivery of the order to the shipping carrier. You are responsible for filing any claims with the carrier for lost or damaged shipments in transit, and we will assist you in doing so.
7.4 It is your responsibility to provide a complete and accurate shipping address. We are not liable for non-delivery resulting from an incorrect address provided at checkout.
8. Accuracy of Information and Reliance on Information Posted
Information on the Service is provided for general informational purposes and, despite our efforts, may occasionally be inaccurate, incomplete, or out of date. We do not warrant the completeness or accuracy of such information, and any reliance you place on it is at your own risk. This includes any health, wellness, or ingredient-related information on the Service, which should not be treated as a substitute for professional advice (see Section 14).
9. SMS/MMS Mobile Messaging Marketing Program
MyVitally offers an optional mobile messaging program (the "Program") through which, if you opt in, you will receive marketing text messages from us or our third-party messaging provider. The Program is entirely optional and is never a condition of purchase.
9.1 By opting in — for example, through a website sign-up form, a checkout checkbox, or a keyword text — you agree to receive recurring, automated marketing messages, including promotions, product updates, and cart-reminder messages, at the mobile number you provide. Message frequency varies. Message and data rates may apply; please check with your mobile carrier for details.
9.2 We do not charge for the Program itself, but we are not responsible for any messaging or data charges imposed by your carrier.
9.3 Opting out: You may opt out of the Program at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message you receive from us, or by contacting support@myvitally.com. You may receive one final message confirming your opt-out.
9.4 Compliance: We aim to operate the Program in accordance with the telemarketing and electronic messaging laws applicable in the markets we serve, including, as applicable to you, the U.S. Telephone Consumer Protection Act (TCPA), Canada's Anti-Spam Legislation (CASL), the UK/EU Privacy and Electronic Communications Regulations, and Australia's Spam Act 2003. Where local law requires a specific form of consent before we send marketing messages, we will collect that consent before enrolling you in the Program.
9.5 Messages sent in direct response to your own request — for example, order updates, shipping notifications, or a reply to a "HELP" request — are transactional in nature and are not considered part of the marketing Program.
9.6 For support with the Program, text HELP to the number you received messages from, or email support@myvitally.com.
10. Linking to MyVitally's Service and Linked Sites
You may not create a link to the Service, or frame or mirror any part of it, without our prior written permission. The Service may contain links to third-party websites. We do not review, control, or endorse these third-party sites, and we are not responsible for their content, accuracy, or practices. Any interaction with a linked third-party site is at your own risk.
11. Prohibited Uses
You agree not to use the Service:
- For any unlawful purpose or in violation of any applicable law or regulation;
- To harass, defame, or discriminate against any person;
- To transmit viruses, malware, or other harmful code;
- To attempt to gain unauthorized access to any part of the Service or its underlying systems;
- To scrape, crawl, or use automated means to access or copy Content without our written consent;
- To impersonate MyVitally, our staff, or any other person or entity;
- To resell our products without our prior written authorization.
We reserve the right to suspend or terminate access to the Service for anyone who violates these Prohibited Uses.
12. User Contributions and Content Standards
If the Service allows you to submit reviews, comments, or other content ("User Contributions"), you agree that such content will not be unlawful, defamatory, obscene, misleading, or infringing on the rights of any third party. By submitting a User Contribution, you grant MyVitally a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content in connection with operating and promoting the Service.
We may, at our discretion, remove or decline to publish any User Contribution that we reasonably believe violates these standards, and we are not responsible for User Contributions submitted by others.
13. Disclaimers and Limitations of Liability
THE SERVICE AND ALL PRODUCTS, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SERVICE OR PURCHASE OF A PRODUCT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM. WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SERVICE, TO THE EXTENT SUCH EXCLUSION IS PERMITTED BY LAW.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, or the exclusion of liability for death, personal injury, or fraud caused by negligence. Nothing in this section limits or excludes our liability where it would be unlawful to do so, and nothing in this section affects your statutory rights as a consumer under the laws of your country of residence.
14. Disclaimer of Medical Advice
THE SERVICE AND ITS CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE. NOTHING ON THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN AS, THE PRACTICE OF MEDICINE. OUR PRODUCTS AND ANY STATEMENTS MADE ABOUT THEM HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR ANY EQUIVALENT AUTHORITY, AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE STARTING ANY NEW SUPPLEMENT, PARTICULARLY IF YOU ARE PREGNANT, NURSING, TAKING MEDICATION, OR HAVE A PRE-EXISTING MEDICAL CONDITION. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICE. INDIVIDUAL RESULTS MAY VARY, AND TESTIMONIALS OR REVIEWS REFLECT INDIVIDUAL EXPERIENCES ONLY.
Our products are intended for use by adults 18 years of age or older. Keep out of reach of children.
15. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless MyVitally, TQ Global VOF, and our officers, employees, and agents from any claims, losses, or liabilities (including reasonable legal costs) arising from: (a) your use of the Service or a product purchased through it; (b) your violation of these Terms; or (c) your violation of any applicable law or the rights of a third party.
16. Information Collected About You
Our collection and use of your personal information — including any mobile number collected for the SMS/MMS Program described in Section 9 — is governed by our [Privacy Policy]. By using the Service, you consent to the collection and use of your information as described there.
17. Geographic Availability
MyVitally serves customers in the United States, United Kingdom, Canada, Australia, and New Zealand, and other markets we may add from time to time. Product availability, pricing, and delivery terms may vary by region. If you access the Service from a location we do not currently serve, certain features or products may not be available to you, and you are responsible for ensuring your use of the Service complies with local laws.
18. Copyright Policy
If you believe content on the Service infringes your copyright, please send a written notice to support@myvitally.com including: (a) a description of the copyrighted work you believe is infringed; (b) the location of the allegedly infringing material on our Service; (c) your contact information; and (d) a statement, made in good faith and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We will review and respond to valid notices in accordance with applicable law.
19. Governing Law and Dispute Resolution
19.1 These Terms are governed by and construed in accordance with the laws of the Netherlands.
19.2 Any dispute arising from these Terms or your use of the Service shall be submitted to the competent court in the Netherlands, without prejudice to any mandatory right you may have to bring proceedings in the courts of your own country of residence under applicable consumer protection law.
19.3 Nothing in these Terms limits or replaces any statutory rights you have as a consumer under the mandatory consumer protection laws of your country of residence, including any right to bring a claim in your local courts.
20. Additional Terms
If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision. These Terms, together with our Privacy Policy and Return & Refund Policy, constitute the entire agreement between you and MyVitally regarding your use of the Service.
21. Contact
Questions about these Terms? Reach us at:
Email: support@myvitally.com
MyVitally is operated by:
TQ Global VOF
Kruithuisstraat 11
4515 AX
IJzendijke, The Netherlands