Welcome to Vitality Tracker, a service provided by Novak Consulting Ltd, a company registered in New Zealand ("we", "us", "our"). These Terms cover the website and web app at vitalitytracker.app and the Vitality Tracker mobile app (together, the "Service"). By creating an account or using the Service you agree to these Terms and to our Privacy Policy, Medical Disclaimer and Beta Disclaimer. If you do not agree, please do not use the Service.
1. The Service
Vitality Tracker brings your health and fitness data together — what you enter, what Apple Health, Health Connect or Samsung Health hold, what connected services such as Oura, Withings, Polar, Google Health and LibreLinkUp share, and what Vitality Tracker devices measure — and turns it into charts, scores and estimates for your own personal use.
2. Beta
The Service is in beta. During the beta:
- It is free of charge.
- Features may change, be limited or be removed without notice.
- We cannot guarantee uptime, performance, data accuracy or availability, and data may occasionally be lost.
- Test builds of the mobile app (for example through Apple's TestFlight) expire and must be updated.
- We may end the beta or the Service.
When the beta ends you can choose a paid plan or leave. Members who join during the beta become Founding Members: at launch they get six months of Premium and keep a founding price for life, half the list price, for as long as they stay subscribed. Complete a Baseline Month during the beta and the six months become twelve.
3. Your account
- You must be 18 or older.
- Keep your password confidential and tell us at once about any unauthorized use.
- You are responsible for the information you enter being yours to enter.
- Deleting your account: you can delete it at any time in the app (My Profile → Delete account) or by writing to us. It closes immediately and your information is permanently erased within 60 days — within 72 hours if you have ever connected Oura — as the Privacy Policy explains.
- We may suspend or close an account that breaks these Terms, or that has not been used for 6 months.
4. Health information is not medical advice
The Service gives general information and estimates. It is not a medical device and does not diagnose, treat or prevent any condition. Always ask a doctor or other qualified health professional about your health, and never ignore or delay medical advice because of something the Service shows. Read the Medical Disclaimer.
5. Connected services and devices
- When you connect a service (such as Apple Health, Oura, Withings, Polar, Google Health or LibreLinkUp), you authorize us to access the data it shares, for the purposes in the Privacy Policy. You can disconnect at any time.
- Those services are run by other companies under their own terms and privacy policies. We do not control them and are not responsible for their availability, accuracy or conduct, and they give no warranty about the Service.
- Readings from devices and services can be wrong or missing. Vitality Tracker devices are wellness products, not medical devices.
- Glucose alerts in the app are a convenience. They do not replace the alarms in your glucose sensor's own app, and the app cannot alert you reliably while it is closed.
6. AI explanations
Some screens offer explanations written by an AI model ("Ask Eir"). They are generated automatically, can be incomplete or wrong, and are not medical advice. See the Privacy Policy for what is sent to produce them.
7. Acceptable use
You must use the Service lawfully and respectfully. You must not: try to access anyone else's account or data; interfere with, overload, probe or reverse-engineer the Service; use it to build a competing product; or use automated means to access it except as we allow. Breaking these rules may lead to suspension, closure and legal action.
8. Our content
The Service — its software, design, scores, text and graphics — belongs to us or our licensors. You may use it for your own personal, non-commercial use while these Terms apply. Your own data stays yours; you give us permission to use it as the Privacy Policy describes.
9. Apple
If you got the app from Apple (through the App Store or TestFlight):
- These Terms are between you and us, not Apple. We, not Apple, are responsible for the app and its content, its maintenance and support, and any claims about it (including product liability, legal compliance and intellectual-property claims).
- Apple has no obligation to provide maintenance or support for the app.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
- You confirm you are not in a country subject to a US Government embargo, and are not on any US Government list of prohibited or restricted parties.
- Your use of TestFlight is also subject to Apple's own terms.
10. Liability
To the fullest extent the law allows:
- The Service is provided "as is" and "as available", without warranties of any kind.
- We are not liable for any indirect or consequential loss, or for loss of data, profits or opportunity.
- Our total liability to you is limited to the amount you paid us in the 12 months before the claim — during the free beta, NZD 100.
Nothing in these Terms limits rights you have under consumer law that cannot be limited, including the New Zealand Consumer Guarantees Act 1993 where it applies.
11. Ending
You can stop using the Service and delete your account at any time. We may suspend or end the Service, or your access to it, with notice where practical.
12. Changes
We may update these Terms. We will tell you by email or in the Service. If you keep using the Service after a change takes effect, you accept the new Terms.
13. Law and disputes
New Zealand law governs these Terms. If a dispute arises, we will first try to resolve it with you directly, then through mediation, before going to the New Zealand courts.
14. Contact
Novak Consulting Ltd, Auckland, New Zealand · hello@vitalitytracker.app