TERMS OF USE
Lastest amended and updated: December 09, 2025.
GENERAL
These Terms of Use govern, together with the Privacy Policy, your use of the VitalQ mobile application (the "Application", the Services) and related services provided by Xi'an Nine O'Clock Software Technology Co., Ltd("Us", "We"). VITALQ IS NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF 16. IF YOU ARE UNDER THIS AGE LIMIT, PLEASE DO NOT USE OUR SERVICES. If you are over the age of 16 but under the legal age of majority in the jurisdiction in which You reside (at least 18 years of age in many countries or regions), you must review this Agreement with your parent or guardian to ensure they understand and agree to these terms. By downloading the Application you agree to be bound by these Terms of Use and by completing the online registration process, you confirm and affirm that you have read, understood, and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Application.
INTELLECTUAL PROPERTY RIGHTS
The Application and all related trademarks, logos, software, and other intellectual property rights are and shall remain our exclusive property. Your right to use the Application and its content is personal, non-exclusive, non-sublicensable, and non-transferable. Any copying, republication, or redistribution of the Application or any of its content is strictly prohibited.
DISCLAIMER OF WARRANTY
The Application and all of its content are provided on an "As Is" and "As available" basis and We do not provide any assurances of the availability or usability of the Application.
LIMITATION OF LIABILITY: We shall not be liable for any errors in any content or for any actions taken in reliance thereon. Furthermore, we shall not be liable to you for any interception of online communications, software, or hardware problems (including, without limitation, viruses, loss of data, or compatibility conflicts).
VitalQ SECURE SUBSCRIPTION
Subscription fees can be found in the mobile application VitalQ. We reserve the right to change the subscription fees from time to time.
You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for.
Please note that automatic renewal of the service might occur for in-app purchases made through the APP Store and Google Play Store. In such a case, refunds will not be issued. Users are responsible for canceling future renewals at the relevant APP market.To avoid renewal charges, you must cancel your Subscription at least 24 hours before the end of the current billing period.
Cancellation Process:
○ iOS Devices (App Store): Go to your device's "Settings" ， select the VitalQ subscription, and choose "Cancel Subscription".
○ Android Devices (Google Play): Open the Google Play Store app，Tap the profile icon "Payments & subscriptions" ， select the VitalQ subscription, and choose "Cancel subscription."
Canceling your Subscription will stop the automatic renewal, but your access to the premium features will continue until the end of the current paid term.
REFUND POLICY：
1. Due to its virtuality,the Membership Service is non-refundable once subscribed.
2. If the refund is eligible in line with the legislation or the situations judged by VitalQ, a partial refund will be issued.
2.1. For in-app purchases made through the App Store, we do not have the right to issue any refunds. The only way to receive a refund for such purchases is to contact Apple.
2.2. For in-app purchases made through Google Play Store, our website, or Pay-Pal, if a refund is needed, there will be a deduction of 50% transaction fee and the fee of used Premium days. The order beyond 7 days after the payment will not be refunded.
2.3. Subscriptions, gift card purchases, and promotional sales are not eligible for a refund.
USER OBLIGATIONS
By accessing or using the Services, you agree to comply with all obligations outlined in these Terms of Use. Your use of the Services is conditioned upon your adherence to the following requirements (including but not limited to):
1 You agree to use the Services only for lawful purposes and in accordance with all applicable laws, regulations, and these Terms. You may not use the Services for any unlawful, fraudulent, or malicious activities, including but not limited to harassment, stalking, defamation, or identity theft.
2 The Services are provided solely for your personal, non-commercial use. You are prohibited from reselling, distributing, or sharing information obtained through the Services with any third party without our prior written consent.
3 You are responsible for providing accurate, current, and complete information when creating an account and throughout your use of the Services. Misrepresentation of your identity, purpose, or other relevant details is strictly prohibited and may result in the suspension or termination of your account.
4 You may not attempt to gain unauthorized access to the Services, servers, or databases, nor may you interfere with or disrupt the proper functioning and/or that may affect the availability, security and/or integrity of the App. This includes but is not limited to using automated tools, bots, or scripts to access or extract data, reverse-engineering the APP, deploying malware or other harmful software or including the App into another third party service or website to make it available via framing or mirrors.
5 You acknowledge and agree to abide by all disclaimers, warnings, and limitations provided within these Terms of Use.
6 You may not to impersonate another individual on behalf of a third person (unless you have their express written permission);
7 You may not to breach our intellectual property rights, this includes but is not limited to, using, modifying, creating derivative works of, transfering (by sale, resale, license, sublicense, download or otherwise), reproducing, distributing, displaying or disclosing any of the contents of the Services, without prior written authorisation from us.
8 You may not use the Services in any manner that violates or infringes upon the rights of r third parties.
Failure to adhere to these obligations constitutes a breach of these Terms and may result in the suspension or termination of your account, as well as potential legal action. By using the Services, you accept full responsibility for your actions and agree to indemnify us against any claims, damages, or liabilities arising from your misuse of the Services. You further acknowledge that you are solely responsible for ensuring that your use of the Services is lawful and compliant with all applicable laws.
MISCELLANEOUS
We reserve the right to, from time to time, in our sole discretion amend these Terms of Use. It is your responsibility to review these Terms of Use from time to time to understand the extent of changes. Your continued use of the Application constitutes your agreement to the amended and updated Terms of Use.
Governing Law and Dispute Resolution
Governing Law
This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the People's Republic of China (excluding its conflict of law principles). If you are a consumer resident in the European Union, these Terms will not affect the mandatory laws and statutory consumer rights of your country of residence.
Dispute Resolution
Any dispute, controversy, difference, or claim arising out of or relating to this Agreement shall first be resolved through friendly consultation. If the parties are unable to resolve the dispute through consultation, YOU AGREE TO SUBMIT THE DISPUTE OR CONTROVERSY TO THE PEOPLE’S COURT OF YANTA DISTRICT, XIAN CITY, SHAANXI PROVINCE, CHINA,WHICH LOCATED IN THE COMPANY'S PLACE OF INCORPORATION.