End User License Agreement (EULA)

Last Updated: August 12, 2026

This End User License Agreement (“EULA” or “Agreement”) is a legal agreement between you (“you,” “your,” or “User”) and VitalSpark by Ferdie (“VitalSpark,” “we,” “us,” or “our”) governing your use of the VitalSpark mobile application, related software, updates, features, and associated services (collectively, the “Application”).

By downloading, installing, accessing, or using the Application, you agree to be bound by this EULA.

If you do not agree to this EULA, do not download, install, access, or use the Application.

This EULA should be read together with our Terms & Conditions, Privacy Policy, Privacy Choices, Account Deletion Policy, and applicable health, fitness, nutrition, billing, and other policies.

1. License Grant

Subject to your compliance with this EULA, VitalSpark grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use the Application for your own lawful, personal, non-commercial purposes.

This license does not transfer ownership of the Application or any VitalSpark intellectual property to you.

All rights not expressly granted under this EULA are reserved by VitalSpark and its licensors.

2. Apple App Store License Scope

If you obtain the Application through the Apple App Store, your license is limited to a non-transferable license to use the Application on Apple-branded products that you own or control, as permitted by applicable Apple usage rules.

Use through features such as Family Sharing or other Apple-authorized account-sharing mechanisms may be permitted to the extent allowed by Apple.

Apple is not a party to this EULA except to the extent that Apple may have rights as a third-party beneficiary as described below.

3. Google Play and Other Distribution Platforms

If you obtain the Application through Google Play or another authorized application marketplace, your use of the Application may also be subject to that platform’s applicable terms and policies.

The platform may independently manage:

• Downloads.
• Installation.
• Updates.
• Purchases.
• Subscriptions.
• Refunds.
• Store-account functionality.
• Other distribution services.

Where this EULA conflicts with mandatory platform terms, the applicable platform requirements will control to the extent required.

4. Eligibility

The Application is intended for individuals who are 18 years of age or older.

By using the Application, you represent that:

• You are at least 18 years old.
• You have legal capacity to enter into this Agreement.
• Your use of the Application is permitted under applicable law.

If you do not meet these requirements, you may not use the Application.

5. Account Requirements

Some features of VitalSpark may require an account.

You agree to:

• Provide accurate account information.
• Maintain the security of your login credentials.
• Keep your account information reasonably current.
• Not share authentication credentials with unauthorized persons.
• Notify VitalSpark if you believe your account has been compromised.

You are responsible for activity conducted through your account except where applicable law provides otherwise.

6. Permitted Use

You may use the Application only for lawful personal purposes consistent with this EULA.

Permitted uses may include:

• Accessing fitness programs.
• Viewing or generating workouts.
• Using meal-planning or nutrition features.
• Tracking supported fitness activities.
• Managing profile preferences.
• Using supported coaching or interactive features.
• Accessing educational, motivational, or wellness content.

Feature availability may vary by application version, account, platform, device, or region.

7. License Restrictions

Except where applicable law expressly permits otherwise, you may not:

• Copy the Application except as reasonably necessary for permitted use.
• Modify or create derivative works from the Application.
• Sell, rent, lease, sublicense, distribute, or commercially exploit the Application.
• Reverse engineer, decompile, disassemble, or attempt to derive source code.
• Circumvent access restrictions, authentication, or security mechanisms.
• Remove copyright, trademark, or proprietary notices.
• Use automated systems to scrape or extract Application content or data without permission.
• Introduce malicious code, malware, or harmful software.
• Interfere with the proper operation of the Application.
• Use the Application for unlawful purposes.

Any unauthorized use may result in suspension or termination of the license.

8. Ownership and Intellectual Property

The Application and its associated:

• Software.
• Source code.
• Object code.
• User interface.
• Designs.
• Graphics.
• Logos.
• Trademarks.
• Training materials.
• Workout content.
• Program structures.
• Written content.
• Databases.
• Other proprietary materials.

are owned by or licensed to VitalSpark and are protected by applicable intellectual-property laws.

This EULA grants you a license to use the Application. It does not sell or transfer ownership of the Application to you.

9. Updates and Changes

VitalSpark may provide updates, patches, upgrades, improvements, or modifications to the Application.

Updates may:

• Add features.
• Remove features.
• Change existing functionality.
• Address security issues.
• Fix errors.
• Improve performance.
• Be necessary for continued use.

Certain updates may install automatically depending on your device or application-store settings.

Your continued use of an updated version remains subject to this EULA and any updated terms that apply.

10. Availability

VitalSpark does not guarantee that the Application or every feature will always be available.

The Application may be temporarily unavailable because of:

• Maintenance.
• Updates.
• Technical failures.
• Hosting or infrastructure issues.
• Store outages.
• Security events.
• Circumstances outside our reasonable control.

We may modify, suspend, discontinue, replace, or limit features where reasonably necessary.

11. Fitness and Wellness Purpose

VitalSpark is designed as a general fitness and wellness application.

The Application may provide information and tools relating to:

• Exercise.
• Training.
• Nutrition.
• Recovery.
• Wellness.
• Motivation.
• Progress tracking.
• Related educational topics.

VitalSpark is not a medical provider and is not intended to diagnose, treat, cure, or prevent disease.

The Application is not intended to replace individualized professional medical advice.

12. Exercise Risk

Physical activity involves inherent risks.

You acknowledge that exercises and training activities may result in:

• Injury.
• Muscle strain.
• Falls.
• Overexertion.
• Other adverse physical effects.

You are responsible for selecting appropriate activities and intensity based on your circumstances.

If you have a medical condition, injury, pregnancy, symptoms, or other health concern, you should seek appropriate professional guidance before beginning or changing an exercise program.

Stop exercising and seek appropriate assistance if you experience concerning symptoms.

For additional information, review the Fitness & Training Disclaimer and Medical Disclaimer.

13. Nutrition Information

Nutrition and meal-planning features are provided for general informational and wellness purposes.

They are not intended to provide:

• Medical nutrition therapy.
• Diagnosis.
• Treatment.
• Individualized clinical dietary advice.

Users with allergies, medical dietary needs, eating disorders, metabolic conditions, or other health concerns should seek guidance from an appropriately qualified professional.

Please review the Nutrition Disclaimer.

14. Coach and Personalized Features

The Application may provide coaching-style, personalized, generated, or recommendation-based functionality.

These features may use information such as:

• Fitness goals.
• Training preferences.
• Available equipment.
• Program selections.
• Workout duration.
• Other information provided through supported features.

Such recommendations are for general informational, fitness, and wellness purposes only.

They may not take into account every factor relevant to your personal circumstances.

You remain responsible for deciding whether to follow any recommendation.

15. No Guarantee of Results

VitalSpark does not guarantee any particular:

• Fitness result.
• Weight loss.
• Muscle gain.
• Body composition.
• Strength improvement.
• Athletic performance.
• Health outcome.
• Timeframe.

Results vary significantly between individuals.

Any examples, testimonials, projections, or program descriptions are not guarantees of specific outcomes.

16. Free Version and Future Paid Features

VitalSpark version 1.0 is intended to launch with free access.

The Application or website may describe future features or plans as:

• Coming Soon.
• Pro.
• Elite.
• Premium.
• Paid.
• Subscription-based.

Such descriptions do not mean that those services are currently available for purchase.

VitalSpark may introduce paid functionality in future versions.

17. Purchases and Subscriptions

If paid functionality is introduced, purchases or subscriptions may be processed through:

• Apple App Store.
• Google Play.
• Stripe.
• Another approved provider.

Applicable store or payment-provider terms may govern those transactions.

Where a subscription is purchased through Apple or Google, you may need to manage or cancel it through the applicable store account.

Deleting your VitalSpark account does not automatically cancel a subscription managed independently by an application store unless expressly stated otherwise.

Please review the applicable Refund & Billing Policy when paid services become available.

18. Privacy

Your use of the Application is subject to the VitalSpark Privacy Policy.

The Privacy Policy explains how personal information may be collected, used, protected, disclosed, retained, and deleted.

Privacy information is available at:
https://vitalsparkbyferdie.com/privacy-policy/

Privacy choices are available at:
https://vitalsparkbyferdie.com/privacy-choices/

Privacy questions may be directed to:

privacy@vitalsparkbyferdie.com

19. Account Deletion

Users may request deletion of their VitalSpark account.

Where supported by the current Application version, account deletion may be initiated through the in-app account-management functionality.

The public account-deletion resource is:
https://vitalsparkbyferdie.com/account-deletion/

If you cannot complete deletion through the Application, you may submit an Account Deletion Support Request through that page.

Account deletion questions may also be directed to:

deletion@vitalsparkbyferdie.com

For details, review our Account Deletion Policy.

20. User-Provided Information and Content

If the Application permits you to submit content, information, feedback, preferences, messages, or other material, you retain ownership of content you own.

You grant VitalSpark a limited right to process such material as reasonably necessary to operate and provide the features you use.

You may not submit content that:

• Violates applicable law.
• Infringes another person’s rights.
• Contains harmful code.
• Is fraudulent or malicious.
• You do not have the right to provide.

21. Feedback

If you voluntarily provide feedback, suggestions, ideas, or recommendations regarding VitalSpark, you grant us permission to use that feedback to improve, develop, operate, or promote VitalSpark without an obligation to compensate you.

This does not override your privacy rights.

22. Third-Party Services

The Application may rely on or interact with third-party services.

These may include:

• Apple.
• Google.
• Hosting providers.
• Cloud infrastructure providers.
• Authentication providers.
• Database providers.
• Email providers.
• Payment providers.
• Other technical service providers.

Your use of third-party services may be governed by separate terms and privacy policies.

VitalSpark is not responsible for independent third-party services except to the extent required by applicable law.

23. Third-Party Beneficiary — Apple

If you download the Application from the Apple App Store, you acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this EULA.

Upon your acceptance of this EULA, Apple will have the right to enforce this Agreement against you as a third-party beneficiary to the extent provided under Apple’s applicable requirements.

24. Maintenance and Support

VitalSpark is responsible for providing maintenance and support for the Application to the extent described by us or required by applicable law.

Apple has no obligation to provide maintenance or support services for VitalSpark except where Apple’s own terms provide otherwise.

For support, contact:

support@vitalsparkbyferdie.com

25. Warranty

To the extent permitted by applicable law, the Application is provided on an “as is” and “as available” basis.

VitalSpark does not warrant that the Application will:

• Operate without interruption.
• Be error-free.
• Be compatible with every device.
• Always be secure.
• Meet every user’s expectations.
• Produce specific results.

Nothing in this section excludes warranties or consumer rights that cannot lawfully be excluded.

If the Application fails to conform to an applicable warranty and was acquired through the Apple App Store, you may notify Apple where applicable under Apple’s terms. Apple’s responsibility, if any, is limited as provided under applicable Apple terms and law.

26. Product Claims

VitalSpark, and not Apple, Google, or another application marketplace, is responsible for addressing claims relating to the Application to the extent required by applicable law.

Such claims may include:

• Product-liability claims.
• Claims that the Application fails to comply with legal requirements.
• Consumer-protection claims.
• Privacy-related claims.
• Other claims relating directly to the Application.

Nothing in this EULA alters responsibilities imposed by applicable law.

27. Intellectual Property Claims

If a third party claims that the Application or your possession and use of it infringes intellectual-property rights, VitalSpark will be responsible for the investigation, defense, settlement, and discharge of such claim to the extent required by applicable law and applicable platform requirements.

Apple is not responsible for the investigation, defense, settlement, or discharge of such intellectual-property claims.

28. Limitation of Liability

To the maximum extent permitted by applicable law, VitalSpark and its owners, operators, contractors, service providers, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use or inability to use the Application.

This may include losses relating to:

• Data.
• Business opportunity.
• Revenue.
• Profits.
• Service interruption.

Nothing in this EULA limits liability where such limitation is prohibited by law.

29. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless VitalSpark and its owners, operators, contractors, and representatives from claims, losses, liabilities, or expenses resulting from:

• Your unlawful use of the Application.
• Your material breach of this EULA.
• Your infringement of third-party rights.
• Unlawful content or information you submit.

This provision does not apply where prohibited by applicable law.

30. Suspension and Termination

This EULA remains effective until terminated.

VitalSpark may suspend or terminate your license if:

• You materially violate this Agreement.
• Your use creates a security risk.
• Fraud or abuse is suspected.
• Required by applicable law.
• Continued access could materially harm VitalSpark, users, or third parties.

Upon termination of the license, you must stop using the Application.

Account deletion is handled separately under the Account Deletion Policy.

31. Export and Legal Compliance

You may not use, export, or re-export the Application in violation of applicable export-control laws or sanctions.

You represent that you are not prohibited from receiving or using the Application under applicable laws.

You agree to comply with laws applicable to your use of VitalSpark.

32. U.S. Government End Users

Where applicable, the Application and related documentation are commercial computer software and commercial computer-software documentation.

Any use by U.S. government end users is subject to applicable laws and regulations governing commercial software.

33. Governing Law

This EULA is governed by the laws applicable to VitalSpark’s operating jurisdiction, subject to mandatory consumer-protection rights and other laws that cannot legally be waived.

Nothing in this EULA prevents users from exercising rights available under applicable law.

34. Disputes

If a dispute arises regarding the Application, we encourage you to contact VitalSpark first so that we may attempt to resolve the issue informally.

Contact:

support@vitalsparkbyferdie.com

Formal disputes remain subject to applicable law and any enforceable dispute-resolution provisions contained in the VitalSpark Terms & Conditions.

35. Changes to This EULA

VitalSpark may update this EULA when necessary to reflect changes to:

• The Application.
• Features.
• Business practices.
• Technology.
• Legal requirements.
• Application-store requirements.
• Paid services.

The Last Updated date will be revised when changes are made.

Where required by law, we may provide additional notice regarding material changes.

36. Severability

If any provision of this EULA is determined to be invalid, unlawful, or unenforceable, the remaining provisions will remain effective to the extent permitted by law.

37. Entire Agreement

This EULA, together with incorporated policies and applicable Terms & Conditions, governs your license to use the Application unless another written agreement expressly applies.

38. Contact Information

For Application support:

VitalSpark Support
support@vitalsparkbyferdie.com

For privacy matters:

Privacy Team
privacy@vitalsparkbyferdie.com

For account deletion:

Account Deletion Support
deletion@vitalsparkbyferdie.com

For business inquiries:

Business Inquiries
business@vitalsparkbyferdie.com

VitalSpark by Ferdie
Website: https://vitalsparkbyferdie.com/

39. Related Policies

Please review:

Terms & Conditions
https://vitalsparkbyferdie.com/terms-and-conditions/

Privacy Policy
https://vitalsparkbyferdie.com/privacy-policy/

Privacy Choices
https://vitalsparkbyferdie.com/privacy-choices/

Account Deletion
https://vitalsparkbyferdie.com/account-deletion/

Account Deletion Policy
https://vitalsparkbyferdie.com/account-deletion-policy/

Cookie Policy
Available through the VitalSpark website.

Medical Disclaimer
Available through the VitalSpark website.

Fitness & Training Disclaimer
Available through the VitalSpark website.

Nutrition Disclaimer
Available through the VitalSpark website.

Refund & Billing Policy
Available through the VitalSpark website where applicable.