Terms & Conditions

Last Updated: August 12, 2026

Welcome to VitalSpark by Ferdie.

These Terms & Conditions (“Terms”) govern your access to and use of:

• The VitalSpark mobile application.
• The VitalSpark web application at app.vitalsparkbyferdie.com.
• The public VitalSpark website at vitalsparkbyferdie.com.
• Related programs, features, content, communications, support services, and other services provided by VitalSpark by Ferdie.

By accessing or using VitalSpark, you agree to be bound by these Terms.

If you do not agree with these Terms, do not use VitalSpark.

These Terms should be read together with our Privacy Policy, Privacy Choices, Account Deletion Policy, Cookie Policy, Medical Disclaimer, Fitness & Training Disclaimer, Nutrition Disclaimer, and any additional policies or notices applicable to specific features.

1. About VitalSpark

VitalSpark by Ferdie is a fitness and wellness platform designed to support users with tools and content related to areas such as:

• Workouts.
• Training programs.
• Fitness planning.
• Nutrition and meal-planning guidance.
• Recovery and wellness.
• Progress tracking.
• Motivation.
• Habit-building.
• General fitness and wellness education.

Available features may vary by platform, device, account type, application version, geographic region, or development stage.

VitalSpark may add, modify, suspend, or discontinue features over time.

2. Eligibility and Age Requirement

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

By creating an account or using VitalSpark, you represent that:

• You are at least 18 years old.
• You have the legal capacity to agree to these Terms.
• Your use of VitalSpark does not violate applicable law.

If you do not meet these requirements, you may not create or use a VitalSpark account.

3. Account Registration

Certain VitalSpark features may require you to create an account.

When creating or maintaining an account, you agree to:

• Provide accurate and current information.
• Keep your account information reasonably up to date.
• Protect your login credentials.
• Not share your password or authentication credentials with unauthorized persons.
• Notify us if you believe your account has been compromised.

You are responsible for activity conducted through your account unless otherwise required by applicable law.

VitalSpark may restrict, suspend, or terminate accounts where reasonably necessary to protect users, the service, or comply with applicable law.

4. Account Security

You are responsible for maintaining the confidentiality of your account credentials.

You should not provide your password, one-time verification codes, or other confidential credentials through public support forms or email.

If you suspect unauthorized access to your account, contact:

support@vitalsparkbyferdie.com

VitalSpark may take reasonable measures to verify account ownership before making certain account changes.

5. Permitted Use

VitalSpark is provided for your personal, lawful, non-commercial use unless we expressly authorize otherwise.

You may use VitalSpark to:

• Access fitness and wellness content.
• Create or follow workout plans.
• Use available nutrition or meal-planning tools.
• Track or manage supported fitness activities.
• Access educational and motivational content.
• Use supported account and profile features.

Your access is subject to these Terms and any additional feature-specific rules.

6. Prohibited Use

You may not use VitalSpark to:

• Violate any applicable law or regulation.
• Attempt to gain unauthorized access to accounts, systems, servers, or data.
• Circumvent security or authentication measures.
• Introduce malware, malicious code, or harmful software.
• Interfere with the normal operation of VitalSpark.
• Scrape, extract, copy, or systematically collect content or data without authorization.
• Impersonate another person.
• Provide false or misleading account information.
• Use VitalSpark to harass, threaten, abuse, or harm others.
• Reverse engineer, decompile, or attempt to derive source code except where such restriction is prohibited by applicable law.
• Use the service in a manner that could damage, disable, overload, or impair VitalSpark infrastructure.
• Use VitalSpark for unlawful medical, insurance, employment, financial, or discriminatory decision-making.

We may investigate suspected violations and take appropriate action.

7. Fitness, Health, and Wellness Disclaimer

VitalSpark provides general fitness, wellness, nutrition, educational, and motivational information.

VitalSpark is not:

• A medical provider.
• A healthcare provider.
• A substitute for professional medical advice.
• A diagnostic service.
• A treatment service.
• A regulated medical device unless expressly stated otherwise.

You should consult an appropriate licensed healthcare professional before beginning or materially changing an exercise, nutrition, or wellness program if you have health concerns, injuries, medical conditions, pregnancy, symptoms, or other circumstances requiring professional guidance.

You are responsible for evaluating whether activities are appropriate for your individual circumstances.

For more information, review our:

• Medical Disclaimer
• Fitness & Training Disclaimer
• Nutrition Disclaimer

8. Exercise and Physical Activity Risk

Physical activity involves inherent risks.

By using workout, exercise, or training features, you acknowledge that:

• Exercise can result in injury.
• Individual ability and physical condition vary.
• You are responsible for selecting appropriate exercise intensity.
• You should stop activity if you experience pain, dizziness, faintness, unusual shortness of breath, or other concerning symptoms.
• You are responsible for using equipment safely and according to manufacturer instructions.

VitalSpark does not guarantee that any program will be appropriate for every individual.

9. Nutrition Information

Nutrition and meal-planning content provided through VitalSpark is intended for general informational and wellness purposes.

It is not intended to diagnose, treat, or manage medical conditions.

Users with allergies, medical dietary restrictions, eating disorders, metabolic conditions, or other health concerns should seek guidance from a qualified healthcare or nutrition professional.

You remain responsible for determining whether particular foods, ingredients, meal plans, or dietary approaches are appropriate for you.

10. Coach, Personalized Features, and AI-Assisted Workout Generation

VitalSpark may provide interactive or personalized features, including coaching-style guidance, workout generation, recommendations, or similar functionality.

These features may use information you provide, such as:

• Fitness goals.
• Training preferences.
• Program selections.
• Available equipment.
• Workout duration.
• Training frequency and selected days.
• Target muscle groups.
• Current mood.
• Health conditions or limitations you choose to provide.
• Preferred coaching style.
• Other supported profile information.

Certain personalized workout-generation features use OpenAI as a third-party artificial intelligence service.

In the current mobile version of VitalSpark, OpenAI is used to help generate personalized workout-plan previews during onboarding.

Before the first OpenAI-powered workout-generation request, VitalSpark may present a disclosure and consent step explaining that certain fitness and wellness information may be processed by OpenAI for the purpose of generating the personalized workout preview.

VitalSpark does not intentionally include direct account identifiers such as your full name, email address, phone number, payment information, or VitalSpark account ID in the OpenAI workout-generation request.

The current VitalSpark Coach does not transmit Coach interactions to OpenAI based on the current implementation.

Recommendations are intended for general fitness and wellness purposes and may not account for every personal, medical, or physical factor.

You remain responsible for deciding whether to follow any recommendation.

VitalSpark may modify the technical implementation of personalized or AI-assisted features over time. If material changes affect user privacy or data processing, applicable disclosures and policies will be updated as appropriate.mentation of these features over time.

11. No Guaranteed Results

VitalSpark does not guarantee any specific:

• Weight loss.
• Muscle gain.
• Strength increase.
• Fitness improvement.
• Body-composition change.
• Health outcome.
• Performance result.
• Timeframe for achieving results.

Results vary based on many factors, including consistency, nutrition, recovery, genetics, training experience, health, lifestyle, and individual circumstances.

Testimonials, examples, or educational content should not be interpreted as guarantees of identical results.

12. Free Access and Future Paid Plans

VitalSpark version 1.0 is intended to launch with free access.

Certain paid plans, premium features, subscriptions, or expanded services may be displayed as Coming Soon or otherwise unavailable.

Showing a future plan or feature does not mean that it is currently available for purchase.

VitalSpark may introduce paid plans or premium functionality in the future.

If paid services are launched, additional payment, billing, subscription, cancellation, and refund terms may apply.

13. Payments and Subscriptions

If VitalSpark introduces paid subscriptions or purchases in the future, payments may be processed through platforms such as:

• Apple App Store.
• Google Play.
• Stripe.
• Other approved payment providers.

Additional terms imposed by those platforms or providers may apply.

Where subscriptions are managed by Apple or Google, users may need to manage cancellation through the applicable store account.

Deleting your VitalSpark account does not necessarily cancel an externally managed subscription.

Please review our Refund & Billing Policy for applicable billing terms once paid services are available.

14. Account Deletion

You may request deletion of your VitalSpark account.

The preferred method is to use the account deletion feature available within the VitalSpark application when supported by the current version.

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

If you cannot use the in-app deletion process, you may submit an Account Deletion Support Request through that page.

You may also contact:

deletion@vitalsparkbyferdie.com

Account deletion may be irreversible once completed.

Uninstalling the VitalSpark application does not automatically delete your account.

For complete details, review our Account Deletion Policy.

15. Privacy

Your use of VitalSpark is subject to our Privacy Policy.

The Privacy Policy explains how VitalSpark may collect, use, disclose, protect, retain, and delete personal information.

You may review your privacy options at:
https://vitalsparkbyferdie.com/privacy-choices/

For privacy questions, contact:

privacy@vitalsparkbyferdie.com

16. Intellectual Property

VitalSpark and its associated content, branding, designs, software, graphics, logos, text, training materials, program structures, and other materials may be protected by copyright, trademark, trade-secret, and other intellectual-property laws.

Unless expressly authorized, you may not:

• Copy.
• Reproduce.
• Republish.
• Sell.
• License.
• Distribute.
• Modify.
• Create derivative works from.
• Commercially exploit.

VitalSpark materials without appropriate permission.

These Terms do not transfer ownership of VitalSpark intellectual property to you.

17. Limited License

Subject to your compliance with these Terms, VitalSpark grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the service for personal purposes.

This license does not permit:

• Resale of the service.
• Commercial redistribution.
• Unauthorized copying of content.
• Reverse engineering except where legally permitted.
• Unauthorized extraction or reuse of databases or application content.

The license terminates when your right to use VitalSpark ends.

18. User Content and Information You Provide

If VitalSpark allows you to submit information, feedback, messages, or other content, you retain ownership of content you own.

You grant VitalSpark the limited rights reasonably necessary to:

• Store.
• Process.
• Display.
• Transmit.
• Use.

that content for the purpose of operating the feature or service you requested.

You represent that content you submit:

• Does not violate applicable law.
• Does not infringe another person’s rights.
• Does not contain malicious code.
• Is information you have the right to provide.

VitalSpark may remove content where reasonably necessary for legal, security, or service-related reasons.

19. Feedback

If you voluntarily provide suggestions, ideas, comments, or other feedback about VitalSpark, you grant us permission to use that feedback for purposes such as improving or developing VitalSpark without obligation to compensate you.

This does not transfer ownership of your personal information and does not override our Privacy Policy.

20. Third-Party Services and Links

VitalSpark may link to or integrate with third-party services, websites, app stores, platforms, or providers.

Examples may include:

• Apple.
• Google.
• Hosting providers.
• Authentication providers.
• Payment providers.
• Email providers.

VitalSpark is not responsible for the independent terms, content, availability, or privacy practices of third-party services.

Your use of third-party services may be subject to separate agreements.

21. App Stores

If you obtain VitalSpark through Apple App Store or Google Play, your use may also be subject to the applicable store’s terms and policies.

Apple and Google are not responsible for VitalSpark except to the extent required under their own applicable terms or law.

Store operators may independently manage downloads, payments, subscriptions, refunds, and related account functions.

22. Availability and Service Changes

VitalSpark is continuously developing.

We do not guarantee that:

• Every feature will always be available.
• Every feature will work on every device.
• The service will always be uninterrupted.
• Features will remain unchanged.
• Content will always remain available.

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

We may also perform maintenance that temporarily limits service availability.

23. Beta, Testing, and Pre-Release Features

VitalSpark may make beta, preview, internal-testing, or pre-release versions available to selected users.

Such versions may:

• Contain errors.
• Be incomplete.
• Change without notice.
• Have limited availability.
• Not represent the final public product.

Testers may be asked to provide feedback regarding performance, usability, bugs, or other issues.

Pre-release access does not guarantee continued access or future availability.

24. Suspension and Termination

We may suspend or terminate access where reasonably necessary if:

• You materially violate these Terms.
• Your account creates a security risk.
• Fraud or abuse is suspected.
• Required by law.
• Continued access could harm VitalSpark, users, or third parties.

Where appropriate, we may provide notice or an opportunity to correct the issue.

You may stop using VitalSpark at any time.

Account deletion is governed separately by our Account Deletion Policy.

25. Disclaimers

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

We do not guarantee that VitalSpark will:

• Be uninterrupted.
• Be error-free.
• Meet every user’s expectations.
• Produce specific fitness or wellness results.
• Be compatible with every device.
• Be free from all security vulnerabilities.

Nothing in these Terms excludes rights or warranties that cannot legally be excluded.

26. 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 use of the service.

This may include loss of data, loss of profits, loss of opportunity, or interruption of service.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

27. Indemnification

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

• Your unlawful use of VitalSpark.
• Your material violation of these Terms.
• Your infringement of another person’s rights.
• Content or information you submit in violation of applicable law.

This section does not apply where prohibited by law.

28. Governing Law

These Terms are governed by the laws applicable to VitalSpark’s operating jurisdiction, without regard to conflict-of-law principles, except where mandatory consumer-protection laws require otherwise.

Nothing in these Terms prevents a consumer from exercising rights available under applicable law.

29. Dispute Resolution

If you have a dispute regarding VitalSpark, we encourage you to contact us first so we can attempt to resolve the issue informally.

Contact:

support@vitalsparkbyferdie.com

Any formal dispute process will be subject to applicable law and any additional dispute-resolution provisions adopted by VitalSpark.

We will not require users to waive rights that cannot legally be waived.

30. Changes to These Terms

We may update these Terms from time to time to reflect changes in:

• VitalSpark functionality.
• Business practices.
• Legal requirements.
• App-store requirements.
• Payment features.
• Security practices.
• Technology.

When these Terms are updated, the Last Updated date will be revised.

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

Your continued use of VitalSpark after updated Terms become effective may constitute acceptance where permitted by applicable law.

31. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

32. No Waiver

Failure by VitalSpark to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.

33. Entire Agreement

These Terms, together with the policies and notices incorporated by reference, constitute the agreement governing your use of VitalSpark unless another written agreement expressly applies.

34. Contact Information

For general questions about these Terms:

General Support
support@vitalsparkbyferdie.com

For privacy questions:

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/

35. Related Policies

Please also review:

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 on the VitalSpark website.

Medical Disclaimer
Available on the VitalSpark website.

Fitness & Training Disclaimer
Available on the VitalSpark website.

Nutrition Disclaimer
Available on the VitalSpark website.

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