User Agreement / Terms of Use – Alpha Element App

  
Last Updated: September 12, 2026

Welcome to Alpha Element Vitality Tool App ("App," "we," "us," or "our"). These User Terms of Use ("Agreement") govern your access to and use of our wellness platform, mobile application, website, services, content, features, and related technologies.

By creating an account, accessing, or using the App, you agree to be bound by this Agreement. If you do not agree, do not use the App.

1. Eligibility

You must be at least 18 years old to use the App. 

By using the App, you represent and warrant that:

You have the legal capacity to enter into this Agreement.  
Information you provide is accurate and current.  
You will comply with all applicable laws and regulations.

2. Wellness Services Disclaimer

The App is designed to provide wellness, lifestyle, educational, mindfulness, habit-tracking, and general well-being information.

The App does not provide medical advice.

The information, programs, recommendations, assessments, coaching, or content available through the App:

Are for informational and educational purposes only.  
Are not intended to diagnose, treat, cure, or prevent any disease or disorder.  
Do not replace professional medical advice, diagnosis, or treatment.  
Should not be relied upon as a substitute for consultation with qualified healthcare professionals.

Always seek advice from a physician or other qualified healthcare provider regarding medical conditions or health concerns.

If you believe you are experiencing a medical emergency, contact emergency services immediately.

3. User Accounts

To access certain features, you may need to create an account.

You are responsible for:

Maintaining the confidentiality of your login credentials.  
All activities occurring under your account.  
Promptly notifying us of unauthorized access or security breaches.

We reserve the right to suspend or terminate accounts that violate this Agreement.

4. User Information and Health Data

You may voluntarily provide information regarding:

Wellness goals  
Lifestyle habits  
Fitness activities  
Nutrition preferences  
Sleep patterns  
Mood tracking  
Other personal wellness information

You acknowledge that:

Information you provide may be used to personalize your experience.  
You are responsible for the accuracy of information submitted.  
We may process your information according to our Privacy Policy.

5. Privacy Policy 
We respect your privacy and are committed to protecting your personal information. This Privacy Policy explains how we collect, use, store, and disclose information when you use our application.

Information We Collect

Depending on the features of the app, we may collect:

Information You Provide  
Name  
Email address  
Account information  
Content you create within the app  
Information Collected Automatically  
Device type and operating system  
App version  
Usage statistics  
Crash reports  
IP address  
Permissions

The app may request access to:

Camera (for taking photos)  
Photos (for uploading images)  
Location (for location-based features)  
Notifications (for alerts and reminders)

You may disable these permissions through your device settings.

How We Use Your Information

We use information to:

Provide and maintain the app  
Improve app functionality and performance  
Respond to support requests  
Send important service notifications  
Comply with legal obligations  
Sharing Information

We do not sell your personal information.

We may share information with:

Service providers that help operate the app  
Analytics providers  
Legal authorities when required by law  
Data Retention

We retain information only as long as necessary to provide services, comply with legal obligations, and resolve disputes.

Data Security

We implement reasonable technical and organizational measures to protect your information. However, no method of electronic storage or transmission is completely secure.

Your Rights

Depending on your location, you may have the right to:

Access your data  
Correct inaccurate data  
Delete your data  
Withdraw consent  
Request a copy of your data

To make a request, contact us at Marit@Alpha-Element.com

6. Subscription and Payments

Certain features may require payment or subscription.

By purchasing a subscription, you agree that:

Applicable fees will be displayed before purchase.  
Payments are processed through authorized third-party payment providers.  
Subscription fees may renew automatically unless canceled.  
Taxes may apply where required by law.

Unless required by law, fees are non-refundable.

Cancellation policies will be described during the purchase process.

You may cancel your subscription at any time through your Apple App Store account settings. Cancellation will take effect at the end of the current billing period. Payments are non-refundable except where required by law or approved by Apple under its refund policies. Access to subscription features will continue until the subscription expires.

7. Acceptable Use

You agree not to:

Violate any law or regulation.  
Misrepresent your identity.  
Interfere with the operation of the App.  
Attempt unauthorized access to systems or data.  
Upload malware, viruses, or harmful code.  
Use the App for fraudulent or abusive activity.  
Copy, distribute, or exploit App content without permission.

We may investigate and take action against violations, including suspension or termination.

8. Intellectual Property

The App and all associated content, including:

Software  
Designs  
Logos  
Trademarks  
Text  
Graphics  
Audio  
Video  
Wellness programs

are owned by or licensed to us and protected by intellectual property laws.

Except as expressly permitted, no content may be copied, modified, distributed, sold, or otherwise exploited without written permission.

9. User Content

You may submit content such as comments, journal entries, feedback, reviews, images, goals, or wellness information.

You retain ownership of your content.

By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to:

Host  
Store  
Process  
Display  
Reproduce

such content solely to provide and improve the App and related services.

You represent that you have all necessary rights to the content you submit.

10. Artificial Intelligence Features

The App may include artificial intelligence ("AI") tools that generate recommendations, insights, summaries, coaching suggestions, or wellness guidance.

You acknowledge that:

AI-generated content may contain inaccuracies.  
AI output should not be considered medical, psychological, nutritional, or professional advice.  
Human judgment should be exercised before acting on AI-generated recommendations.

We do not guarantee the accuracy, completeness, or suitability of AI-generated outputs.

11. Service Availability

We strive to maintain availability of the App but do not guarantee uninterrupted access.

We may:

Modify features  
Update services  
Suspend portions of the App  
Perform maintenance  
Discontinue features

at any time without liability.

12. Third-Party Services

The App may integrate with third-party services, including:

Wearable devices  
Health and fitness trackers  
Payment processors  
External software platforms

We are not responsible for the content, practices, availability, or actions of third-party services.

Your use of third-party services is governed by their respective terms and policies.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE."

WE DISCLAIM ALL WARRANTIES, INCLUDING:

MERCHANTABILITY  
FITNESS FOR A PARTICULAR PURPOSE  
NON-INFRINGEMENT  
ACCURACY  
RELIABILITY  
AVAILABILITY

WE DO NOT GUARANTEE THAT THE APP WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

INDIRECT DAMAGES  
INCIDENTAL DAMAGES  
SPECIAL DAMAGES  
CONSEQUENTIAL DAMAGES  
LOSS OF PROFITS  
LOSS OF DATA  
LOSS OF BUSINESS OPPORTUNITIES

ARISING FROM OR RELATED TO YOUR USE OF THE APP.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:

THE AMOUNT PAID BY YOU TO US DURING THE PRECEDING TWELVE (12) MONTHS; OR  
USD $100.

15. Indemnification

You agree to defend, indemnify, and hold harmless Alpha Element Institute, LLC, its affiliates, officers, employees, contractors, and partners from claims, damages, liabilities, costs, and expenses arising from:

Your use of the App;  
Your violation of this Agreement; or  
Your infringement of any third-party rights.

16. Termination

We may suspend or terminate access to the App immediately if:

You violate this Agreement;  
We believe your use presents risk to users or the platform;  
Required by law.

You may terminate your account at any time by following account deletion procedures within the App.

17. Governing Law

This Agreement shall be governed by and construed according to the laws of Minnesota, USA, without regard to conflict of law principles.

Any dispute relating to this Agreement shall be resolved exclusively in the courts located in Minnesota. 

18. Changes to These Terms

We may update this Agreement from time to time.

When material changes are made, we will provide notice through the App, website, email, or other reasonable means.

Continued use of the App after changes become effective constitutes acceptance of the revised Agreement.

19. Contact Information

If you have questions about these Terms, please contact:

Alpha Element Institute, LLC  
Address: PO Box 237, Excelsior MN 55331  
Email: Marit@Alpha-Element.com  
Website: www.alphaelement.com

Acknowledgment

By creating an account, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

Electronic Acceptance: By clicking "I Agree," registering an account, or using the App, you consent to this Agreement.