Terms of Service

Effective Date: April 17, 2026 · Last Updated: April 17, 2026

Contents

  1. Agreement to Terms
  2. Eligibility
  3. Your Account
  4. Family Profiles & Children
  5. Pricing & Billing
  6. Refunds & Cancellation
  7. Free Trials
  8. Acceptable Use
  9. Intellectual Property
  10. Your Content
  11. Feedback
  12. Third-Party Services
  13. Termination
  14. Disclaimers
  15. Limitation of Liability
  16. Indemnification
  17. Dispute Resolution & Arbitration
  18. Changes to These Terms
  19. Miscellaneous
  20. Contact

TL;DR — The Quick Version

Vital XP is a family gamification app. By signing up, you agree to these terms. You'll pay the amount shown at checkout. Cancel anytime. If you're unhappy within the first 7 days of a purchase, email us for a full refund. You own your data; we own the app itself. We can't guarantee the app will always be perfect, but we try our best. Everything in plain English — but the longer version below is what legally applies.

1. Agreement to Terms

These Terms of Service (“Terms”) are a legal agreement between you (“you,” the “User,” the “Parent”) and Gabrielle McIntosh, a sole proprietor doing business as Vital XP (“Vital XP,” “we,” “us,” “our”). By creating an account, purchasing a subscription, or using vitalxp.app, app.vitalxp.app, or any related service (the “Service”), you agree to these Terms and our Privacy Policy.

If you do not agree to these Terms, do not use the Service.

2. Eligibility

You must be at least 18 years old to create a Vital XP account. By creating an account, you represent and warrant that:

3. Your Account

You're responsible for keeping your account credentials confidential and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to the Service or other users.

4. Family Profiles & Children

Vital XP is designed for parents to create profiles for their family, including children. When you create a child profile:

Vital XP does not knowingly collect personal information directly from children. Children do not have their own accounts; they only log in to profiles you create and manage. See our Privacy Policy for more detail.

5. Pricing & Billing

Vital XP offers the following plans as of the Effective Date above:

PlanPriceBilling
Founding Family$27.00 USDOne-time payment — lifetime access (limited to first 200 signups)
Monthly$4.99 USDCharged monthly, recurring until canceled
Annual$39.00 USDCharged annually, recurring until canceled

All prices are in U.S. dollars unless otherwise noted. Prices may be updated from time to time; any price change affects only new subscriptions or renewals, not currently active billing cycles.

Payment is processed by Stripe, Inc.. By providing payment information, you authorize us (through Stripe) to charge the applicable amount. You represent that you are authorized to use the payment method you provide.

For recurring subscriptions (Monthly and Annual), your payment method will be charged automatically at the start of each billing period until you cancel. You can cancel anytime (see Section 6).

If a payment fails, we may suspend your access to paid features until payment is successfully processed. We may attempt to re-charge your payment method before suspending.

Applicable sales tax, VAT, or similar taxes may be added at checkout based on your location.

6. Refunds & Cancellation

6.1 Cancellation

You can cancel your Monthly or Annual subscription at any time by emailing [email protected] (we will build self-service cancellation in the app soon). Upon cancellation:

6.2 7-Day Refund Guarantee

We offer a full refund within 7 days of purchase for any plan (Founding Family, Monthly, or Annual) if you're unhappy for any reason. To request a refund, email [email protected] within 7 days of your purchase date. Refunds are issued to the original payment method and typically appear within 5–10 business days.

6.3 Founding Family Refund

The $27 Founding Family lifetime plan includes the same 7-day refund window. After 7 days, the purchase is non-refundable except where required by law.

6.4 No Partial Refunds for Recurring Plans

After the 7-day window, we do not offer partial refunds for unused portions of a subscription term. When you cancel, you retain access through the end of the period you've already paid for.

7. Free Trials

New accounts receive a 7-day free trial of full Vital XP access at signup. No payment method is required to start the trial. When the trial ends:

We reserve the right to modify or discontinue trial offers at any time.

8. Acceptable Use

You agree not to:

9. Intellectual Property

The Vital XP name, logo, app design, quest content, artwork, written materials, source code, and overall look-and-feel are owned by us and protected by U.S. and international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial family use in accordance with these Terms. You may not copy, modify, distribute, sublicense, or create derivative works without our written permission.

10. Your Content

The profile names, custom quests, custom rewards, and other content you create within Vital XP (“Your Content”) belong to you. You retain all ownership rights.

By creating Your Content in Vital XP, you grant us a limited license to store, process, display, and transmit it solely as needed to operate the Service for you. We do not claim ownership of Your Content and we do not use it for advertising or other commercial purposes outside of providing the Service.

You are responsible for Your Content and agree not to create content that is illegal, threatening, harassing, infringing, or otherwise in violation of these Terms.

11. Feedback

If you submit feedback, suggestions, or ideas about the Service, you grant us a perpetual, royalty-free, worldwide license to use them without restriction or compensation. We appreciate your input — it shapes what we build next.

12. Third-Party Services

The Service relies on third-party providers (Cloudflare, Stripe, Resend) to function. We are not responsible for outages, errors, or changes in these providers, though we do our best to ensure a stable experience. Stripe's terms and privacy policies apply when you make a purchase.

13. Termination

You may stop using the Service and delete your account at any time by emailing [email protected].

We may suspend or terminate your account immediately, without notice, if:

Upon termination, your license to use the Service ends immediately. Sections of these Terms that by their nature should survive (IP, liability, disputes, etc.) will survive termination.

14. Disclaimers

Vital XP is an educational and motivational tool, not a substitute for medical, psychological, educational, or developmental advice. Use of the Service does not create a professional relationship of any kind.

15. Limitation of Liability

16. Indemnification

You agree to indemnify, defend, and hold harmless Vital XP and its operator from any claims, damages, losses, liabilities, or expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of the Service; (ii) your violation of these Terms; (iii) your violation of any third-party right, including privacy or intellectual property rights; (iv) Your Content.

17. Dispute Resolution & Arbitration

Please read this section carefully. It affects your legal rights.

We'll try to resolve any dispute informally first. Before filing a claim, you agree to email us at [email protected] and allow us 30 days to resolve the issue.

If we can't resolve it, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that you may assert claims in small claims court if they qualify.

Class action waiver. You and Vital XP agree that disputes will be resolved on an individual basis only, not as a class, consolidated, or representative action.

This Section does not apply to claims relating to intellectual property rights, which may be brought in any court of competent jurisdiction.

Arbitration will take place in Tennessee, USA, or by video conference. Each party bears its own attorneys' fees unless the arbitrator awards otherwise.

18. Changes to These Terms

We may update these Terms occasionally. If we make material changes, we'll notify you by email and/or in the app at least 14 days before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the new Terms. If you don't agree to the changes, you can cancel and stop using the Service.

19. Miscellaneous

20. Contact

Questions about these Terms? Email [email protected]. We aim to respond within 2 business days.

Operator: Gabrielle McIntosh, doing business as Vital XP
Jurisdiction: Tennessee, USA
Contact: [email protected]

A mailing address is available upon request for formal legal notices.