Terms of service
Last Updated: 10 November 2025
NOTICE OF KEY TERMS: BY ACCESSING OR USING THE SITES OR SERVICES OR PURCHASING ANY PRODUCT, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING A BINDING INDIVIDUAL ARBITRATION AGREEMENT (SECTION 18.2), A CLASS ACTION WAIVER (SECTION 18.2), SIGNIFICANT DISCLAIMERS OF WARRANTIES (SECTION 15), AND LIMITATIONS ON LIABILITY (SECTION 16). THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. READ SECTIONS 15, 16, AND 18 CAREFULLY BEFORE USING THE SERVICES OR PURCHASING PRODUCTS.
These Terms of Service (“Terms”) govern your access to and use of:
byvita.co, byvita.eu, byvita.ca, and any other website, page, or interface that links to these Terms (the “Sites”); and
any products, subscriptions, content, or services offered by Vita Patch LLC (“Vita,” “we,” “us,” “our”) through the Sites (collectively, the “Services”).
By accessing or using the Sites or Services, creating an account, or purchasing any product from us, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Sites or Services.
Certain products, promotions, or features may be governed by additional terms. In the event of a conflict, those additional terms control for the specific product or feature.
You may use the Sites and purchase products only if:
you are at least 18 years old (or the age of majority in your jurisdiction); and
you have the legal capacity and authority to enter into these Terms.
By using the Sites or Services, you represent and warrant that you meet these requirements. We may refuse, suspend, or terminate access if we reasonably believe this is not the case.
Vita sells transdermal wellness patches and related products (the “Products”) designed to support general wellness goals (such as sleep, focus, energy, or recovery).
Unless expressly stated in writing for a specific Product:
Products are for general wellness only.
Products are not medicines and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
No statement on the Sites or in our materials has been evaluated by any medical or pharmaceutical regulator unless explicitly indicated.
Regulatory status may differ by country. We do not warrant that the Products are approved, cleared, or registered as medical devices or drugs in your jurisdiction unless expressly stated.
All information provided by Vita, including on the Sites, social media, packaging, FAQs, or customer support communications:
is for informational and marketing purposes only;
is not medical or healthcare advice;
must not be used as a substitute for consultation with a qualified healthcare professional.
No communication with Vita, whether written, electronic, or verbal, creates a doctor–patient, pharmacist–patient, or other regulated healthcare relationship.
By purchasing or using the Products, you expressly acknowledge and agree that:
You are solely responsible for determining whether a Product is appropriate for you, including in light of your health status, medications, allergies, or sensitivities.
You will read and follow all instructions, ingredient lists, warnings, and usage guidelines provided on the Sites and on or within the Product packaging before use.
You will consult a qualified healthcare professional before using the Products if you:
are pregnant or nursing;
have any known or suspected medical condition;
take prescription or over-the-counter medications;
have a history of allergies, skin sensitivities, dermatologic conditions, or adhesive reactions.
Transdermal and topical products can cause adverse reactions in some individuals, including temporary redness, itching, rash, burning, discomfort, or other local or systemic reactions. By using the Products, you accept and assume this risk.
Results, if any, are not guaranteed. Product effects vary significantly between individuals based on physiology, lifestyle, correct use, and other factors. A lack of benefit does not indicate defect or liability.
If you experience discomfort or an adverse reaction, you will:
discontinue use immediately;
remove the patch; and
seek medical attention where appropriate.
To the fullest extent permitted by law, you assume all risks associated with your selection and use of the Products, except where those risks are caused directly by our failure to comply with applicable mandatory legal standards.
We may update these Terms from time to time to reflect changes in our Services, business, or applicable law.
When we do, we will revise the “Last Updated” date. For material changes, we will provide additional notice where required. Where permitted by law, your continued use of the Sites or Services after updated Terms take effect constitutes your acceptance of them. If you do not agree, you must stop using the Sites and Services.
Your placement of an order is an offer to purchase Products under these Terms.
We may, in our sole discretion, refuse, cancel, or limit any order, including for reasons such as:
Product unavailability;
errors in pricing or product information;
suspected fraud, abuse, or policy violation;
regulatory or shipping restrictions.
If we cancel an order after payment, we will refund the relevant amount.
A binding contract is formed only when we:
charge your payment method; and
dispatch the Product(s) to the shipping address you provided.
Any confirmation email prior to dispatch is an acknowledgment of receipt of your order, not acceptance.
If you create an account, you are responsible for:
maintaining the confidentiality of your login credentials;
all activities under your account.
We may suspend or terminate accounts that are compromised, inactive, or used in breach of these Terms.
Prices are listed in the currency indicated on the Sites and may change at any time before order acceptance.
By submitting an order, you authorize us and our payment processors to charge your chosen payment method for:
the Product price;
applicable sales, use, VAT, GST, or similar taxes;
shipping and handling fees;
any duties, import, or customs charges collected at checkout.
If additional duties, taxes, or fees are assessed by authorities after checkout and not collected by us, you are solely responsible for them.
We may correct obvious pricing or charge errors. If the correct price is higher than the displayed price, we may contact you for confirmation or cancel and refund.
We ship to the countries or regions indicated on the Sites. Availability, carriers, and methods may change without notice.
Any delivery dates or timeframes are estimates only. We do not guarantee delivery by a specific date and are not liable for delays caused by carriers, customs, force majeure, or events beyond our reasonable control.
Risk of loss and title to Products pass:
to you upon delivery to the delivery address you provide; or
if you designate your own carrier or freight forwarder, upon our delivery of the Products to that carrier.
You are responsible for providing a complete and accurate shipping address. We are not responsible for delays or losses due to inaccurate information you provide.
We operate under strict hygiene and safety constraints.
Except where mandatory law grants you additional rights:
We accept returns only of unopened, unused Products in their original, sealed packaging.
Opened, used, or tampered Products are not eligible for return or refund.
Unless otherwise stated, you must initiate the return and ship Products back within 60 days of delivery.
You are responsible for return shipping costs and remain responsible for the Products until we receive them.
We may require proof of purchase and tracking information.
Refunds are processed only after verification that return conditions are satisfied and will exclude original shipping and any non-refundable fees, except where required by law.
If local consumer law grants you a non-waivable right of withdrawal or specific refund rights, we will comply with those requirements in the relevant jurisdiction.
If you enroll in a subscription or recurring delivery program:
You authorize us (and our processors) to charge your selected payment method automatically for each recurring order at the then-current subscription price plus applicable taxes, shipping, and fees.
You may cancel at any time via your account or by contacting us, subject to any notice period stated on the Sites.
Conditions:
Cancellation applies only to future orders.
Any order that has already been processed, charged, or shipped before your cancellation request is received or takes effect is final and non-refundable, except where required by law.
We may change subscription pricing, frequency options, or included Products. For material adverse changes to price or frequency, we will give at least 30 days’ notice where practicable. Continued participation after the effective date constitutes acceptance of the change.
We may suspend or terminate subscriptions for non-payment, suspected fraud, abuse, or policy violations.
For orders shipped outside the country from which we dispatch:
You are the importer of record and are solely responsible for complying with all import laws and regulations of the destination country.
You are responsible for all customs duties, import taxes, brokerage fees, and similar charges, unless we explicitly state at checkout that such charges are included.
If you refuse a shipment, fail to pay required duties or taxes, or the package is returned due to incomplete or incorrect address or refusal:
we may, at our discretion, refund the Product cost only after receipt of the returned Products in resalable condition; and
we may deduct from the refund:
original shipping costs, and
any return shipping, customs, or handling fees charged to us by carriers or authorities.
This Section is subject to any non-waivable consumer protections that apply in your jurisdiction.
Products are sold exclusively for personal, lawful use.
Without our prior written consent, you must not:
purchase Products for resale, distribution, or commercial exploitation;
repackage, relabel, alter, or misrepresent Products;
sell Products on marketplaces or through unauthorized channels.
We may cancel or limit orders that appear to be for resale or diversion and may take legal action against unauthorized resellers or infringers.
You may use the Sites only for lawful purposes consistent with these Terms.
You must not:
violate any applicable law or regulation;
misuse the Sites to make or amplify unauthorized medical claims about our Products;
interfere with or disrupt the Sites or associated systems;
attempt to gain unauthorized access to accounts, data, or systems;
deploy scraping, data mining, or automated tools without our prior written consent (except where allowed by applicable law);
transmit viruses, malware, or other harmful code;
infringe our or any third party’s intellectual property or privacy rights.
We may take any lawful action we deem appropriate in response to a breach.
If you submit reviews, testimonials, photos, videos, comments, suggestions, or other materials (“User Content”) to us or the Sites, you:
represent and warrant that you own or control all necessary rights in such User Content and that it is truthful, lawful, and non-misleading;
grant Vita a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from the User Content in any media for any lawful purpose, to the extent permitted by law;
acknowledge that we may edit, refuse, or remove User Content at our discretion, where permitted.
We are not responsible for User Content provided by others.
All content and materials on the Sites and in connection with the Products, including trademarks, logos, trade dress, product designs, packaging, formulas and compositions (to the extent protectable), text, graphics, images, videos, software, and other intellectual property (“Vita IP”), are owned by or licensed to Vita.
Except as expressly permitted by us in writing, you must not:
copy, reproduce, distribute, publicly display, perform, modify, reverse engineer, or create derivative works from Vita IP;
use Vita IP in any manner that is likely to cause confusion or dilute our rights;
register or attempt to register any mark, domain, or design that is identical or confusingly similar to Vita IP.
We reserve all rights not expressly granted.
To the fullest extent permitted by applicable law:
The Sites, Services, and Products are provided on an “as is” and “as available” basis.
We disclaim all warranties, express or implied, including:
merchantability;
fitness for a particular purpose;
non-infringement;
reliability, accuracy, or completeness of any information;
any warranties arising from course of dealing or usage of trade.
Without limiting the above:
We do not warrant or guarantee that any Product will produce a specific result, benefit, or improvement for you.
We do not warrant that the Sites or Services will be uninterrupted, secure, or error-free.
We do not warrant that the Products are compatible with your unique medical, dermatological, or physiological profile.
Your statutory rights, where they cannot be excluded or limited, remain in force.
To the fullest extent permitted by applicable law:
Vita and its affiliates, officers, directors, employees, and agents are not liable for any:
indirect, incidental, special, consequential, punitive, or exemplary damages;
loss of profits, revenue, business, data, goodwill, or anticipated savings;
arising out of or relating to the Sites, Services, Products, or these Terms, even if advised of the possibility of such damages.
Without limiting Sections 16.1 and 3.3, Vita is not liable for adverse reactions that are consistent with the risks you expressly acknowledged in Section 3.3, including temporary redness, irritation, itching, minor rash, mild discomfort, or other similar localized effects associated with topical or adhesive products, except where liability cannot be excluded under mandatory product liability or consumer protection law.
Dissatisfaction with a Product or lack of perceived benefit does not, by itself, create liability.
For any claim not excluded under these Terms, the total aggregate liability of Vita and its affiliates, officers, directors, employees, and agents arising out of or related to the Sites, Services, Products, or these Terms is limited to the greater of:
the amount you actually paid to Vita for the specific Product or Service giving rise to the claim; or
one hundred U.S. dollars (USD 100).
This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and is your sole and exclusive monetary remedy, to the maximum extent permitted.
Nothing in these Terms excludes or limits liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any other liability that cannot be excluded or limited under applicable law.
If your jurisdiction does not allow some limitations above, they apply only to the extent permitted.
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Vita, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
your breach of these Terms or any applicable law;
your misuse, incorrect use, or unauthorized use of the Sites, Services, or Products;
your failure to follow Product instructions, warnings, or eligibility guidelines;
your use of Products contrary to medical advice or after being advised not to use similar products;
your resale, relabeling, or distribution of Products;
any User Content you submit that infringes or violates any third-party rights or applicable law.
This obligation does not apply where prohibited by mandatory consumer protection law.
This Section is structured to reflect regional legal constraints. In all cases, you retain any non-waivable rights granted to you by the mandatory laws of your country or province of residence.
Before initiating arbitration, litigation, or any other formal proceeding, you must first provide Vita with a written notice of dispute.
The notice must be emailed to hi@byvita.co with the subject line “Legal Dispute Notice” and must include:
(a) your full name;
(b) the email address associated with your Vita order or account;
(c) a detailed description of the nature and factual basis of your claim; and
(d) the specific relief or remedy you are seeking.
Both parties will use reasonable efforts to resolve the dispute informally within 60 days from the date we confirm receipt of a complete notice. This informal resolution process is a mandatory condition precedent to initiating arbitration or court proceedings, to the fullest extent permitted by law.
For individuals whose billing address or primary residence is in the United States:
Governing law
These Terms, the Sites, Services, and any disputes arising out of or relating to them are governed by:
the Federal Arbitration Act (“FAA”) with respect to arbitration; and
the laws of the State of Wyoming, without regard to its conflict-of-law rules;
except that you retain any non-waivable rights under applicable U.S. consumer protection laws.
Binding individual arbitration
Except for the limited exceptions below, any dispute, claim, or controversy between you and Vita arising out of or relating to these Terms, the Sites, Services, or Products that is not resolved through the informal process in Section 18.1 shall be resolved exclusively by binding individual arbitration, not in court.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable consumer rules, as modified by this Section.
The seat of arbitration will be Wyoming. Hearings may be conducted remotely or, if reasonably available under AAA rules, in the U.S. county of your residence.
The arbitrator has exclusive authority to resolve all issues of arbitrability and the scope, interpretation, and enforceability of this arbitration agreement, except that a court may decide issues relating to the class action waiver.
Class action and jury trial waiver
To the fullest extent permitted by law:
all claims must be brought only in your individual capacity, not as a plaintiff or class member in any class, collective, or representative proceeding;
no arbitration may be consolidated with any other arbitration without Vita’s express written consent;
you and Vita each waive any right to a jury trial.
If any part of this class action waiver is found unenforceable as to a particular claim, that claim must proceed in court, not arbitration.
Exceptions
This arbitration agreement does not prevent either party from:
bringing an individual claim in small claims court within its jurisdictional limits;
seeking temporary or preliminary injunctive relief in court to protect intellectual property or confidential information.
For individuals whose habitual residence is in the EU or UK:
Informal resolution and ADR
You must first complete the informal resolution process in Section 18.1. If unresolved, both parties will consider in good faith using an appropriate alternative dispute resolution (ADR) body identified by national consumer authorities.
Governing law and jurisdiction
Subject to mandatory consumer protection rules (including Article 6 of the Rome I Regulation and equivalent UK rules), these Terms are governed by the laws of Ireland, to the extent permitted.
Nothing in these Terms:
deprives you of the protection of mandatory consumer laws of your country of residence; or
prevents you from bringing proceedings in the courts of your country of residence where such a right is mandatory.
Pre-dispute mandatory binding arbitration for consumers is not imposed in the EU/UK under these Terms.
For individuals whose billing address or primary residence is in Canada:
Governing law
Except where prohibited, these Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law rules, subject to any mandatory consumer protections of your province of residence.
Arbitration where permitted
To the fullest extent permitted by applicable provincial law:
disputes shall be resolved by binding individual arbitration, administered by a recognized arbitration institution (such as the ADR Institute of Canada) under its simplified rules;
class, collective, or representative proceedings are waived, to the extent allowed by law.
In provinces where consumer protection law restricts or invalidates mandatory arbitration or class action waivers in consumer contracts (including, for example, Ontario and Quebec), this Section 18.4 applies only to the extent permitted. Where it does not apply, disputes shall be resolved in the courts of your province of residence.
If any part of this Section 18 is found unenforceable in a particular jurisdiction or for a particular type of claim, that part shall be severed or modified to the minimum extent necessary, and the remainder shall continue in full force.
By using the Sites or Services, you consent to receive communications from us electronically (including emails, notices on the Sites, and messages to your account), and you agree that such communications satisfy any legal requirement that they be in writing, to the extent permitted by law.
Marketing communications are subject to your rights and preferences as described in our Privacy Policy.
Entire agreement: These Terms, together with our Privacy Policy and any additional terms referenced herein, form the entire agreement between you and Vita regarding the Sites, Services, and Products.
No waiver: Any failure by Vita to enforce any provision is not a waiver of that provision or any other provision.
Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be applied to the maximum extent permissible.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.
Language: If these Terms are translated, the English version controls in case of conflict, except where local law requires otherwise.
For questions about these Terms or the Products or Services, contact:
Vita Patch LLC – Legal / Terms
Email: hi@byvita.co
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