VitaLink LLC — AllofUsChat.com
Effective Date: January 1, 2025 • Last Revised: February 2025 • Version: 1.0
VitaLink LLC | 5900 Balcones Drive STE 100, Austin, TX 78731, USA • Legal: legal@allofuschat.com • Support: support@allofuschat.com
This User Agreement and Terms of Service (“Agreement,” “Terms,” or “TOS”) is a legally binding contract entered into between you, the individual or legal entity accessing or using the AllofUsChat.com platform (“User,” “you,” or “your”), and VitaLink LLC, a limited liability company duly organized and existing under the laws of the State of Texas, together with all of its subsidiaries, affiliates, parent companies, sister companies, successors, assigns, officers, directors, employees, contractors, agents, licensors, and service providers (collectively referred to as “VitaLink,” “the Company,” “we,” “us,” or “our”).
VitaLink LLC is the sole corporate entity and limited liability company that owns, develops, operates, licenses, and maintains the proprietary software platform known as AllofUsChat.com. AllofUsChat.com (the “Platform,” “Software,” or “Service”) is the exclusive intellectual property of VitaLink LLC and constitutes a proprietary software product developed by and belonging to VitaLink LLC. AllofUsChat.com is an international real-time chat and communication software platform featuring integrated multilingual translation capabilities, designed to connect users across geographic, linguistic, and cultural boundaries. All rights, title, and interest in and to the AllofUsChat.com software, including all associated source code, object code, algorithms, databases, user interfaces, trade names, trademarks, domain names, and related intellectual property, are owned exclusively by VitaLink LLC. The Service encompasses all web-based interfaces, mobile applications, desktop clients, application programming interfaces (APIs), browser extensions, widgets, embedded features, and any other software or technology provided by VitaLink LLC in connection with the AllofUsChat.com platform, whether currently existing or developed in the future.
BY CREATING AN ACCOUNT, ACCESSING, BROWSING, DOWNLOADING, INSTALLING, OR IN ANY WAY USING THE SERVICE OR ANY PORTION THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT IN ITS ENTIRETY, INCLUDING ALL POLICIES INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms, you must immediately cease all use of the Service and delete any associated applications or account credentials.
Your continued use of the Service following the posting of any amendments, modifications, or updates to this Agreement constitutes your binding acceptance of such changes. It is your sole responsibility to review this Agreement periodically for updates. VitaLink will make reasonable efforts to notify users of material changes through in-platform notifications, email to the address associated with your account, or a prominent notice on the Service’s landing page. However, the absence of such notice does not relieve you of your obligation to review this Agreement periodically.
This Agreement incorporates by reference the following additional policies and documents, each of which forms an integral part of the contractual relationship between you and VitaLink: (a) the VitaLink Privacy Policy, accessible at allofuschat.com/privacy; (b) the VitaLink Community Guidelines, accessible at allofuschat.com/community; (c) the VitaLink Cookie Policy, accessible at allofuschat.com/cookies; (d) any supplemental terms, end-user license agreements, or policies applicable to specific features, services, or promotions offered through AllofUsChat.com; and (e) any applicable enterprise or developer agreements if you are accessing the Service through an API or enterprise license.
To use the Service, you represent and warrant that:
If you are using the Service on behalf of a corporation, partnership, limited liability company, association, governmental agency, educational institution, non-profit organization, or any other legal entity, you represent and warrant that you have full authority to bind such entity to this Agreement, and your acceptance constitutes the entity’s acceptance. In such cases, “you” and “your” refer to both you individually and the entity. If you do not have such authority, or if the entity does not agree to the terms of this Agreement, you must not accept this Agreement and may not use the Service on behalf of the entity.
VitaLink may require entities to enter into a separate enterprise or organizational agreement that supplements or modifies certain provisions of this Agreement. In the event of any conflict between such enterprise agreement and this Agreement, the enterprise agreement shall control with respect to the entity’s use of the Service.
Parents and legal guardians who permit minors between the ages of 13 and 17 to use the Service assume full responsibility for the minor’s compliance with this Agreement, the minor’s conduct on the Platform, and any content the minor submits, posts, or transmits through the Service. VitaLink encourages parents and guardians to monitor their children’s online activities and to educate them about safe and responsible internet use. VitaLink provides parental control features and privacy settings that parents and guardians are encouraged to configure appropriately.
VitaLink does not knowingly collect personal information from children under the age of 13 without verifiable parental consent, in compliance with the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq., and applicable international child privacy laws. If VitaLink becomes aware that it has collected personal information from a child under 13 without appropriate consent, VitaLink will take prompt steps to delete such information.
AllofUsChat.com provides a cloud-based, real-time international messaging and communication platform incorporating artificial intelligence-driven translation technology supporting multiple languages. The Service is designed to facilitate seamless cross-lingual communication between individuals, groups, organizations, and businesses worldwide. The Service may include, but is not limited to, the following features and functionalities:
VitaLink LLC makes no guarantee that the Service will be available at all times, or that the Service will be free from interruption, error, delay, or security vulnerability. While VitaLink strives to maintain high availability and targets a service uptime of 99.9% on an annualized basis, the Company reserves the right to modify, suspend, or discontinue any part or all of the Service at any time, with or without notice, for any reason including but not limited to: scheduled and unscheduled maintenance windows; infrastructure upgrades and migrations; security patches and vulnerability remediation; legal compliance or regulatory requirements; force majeure events; capacity management; or business reasons at VitaLink’s sole discretion.
VitaLink shall not be liable to you or any third party for any modification, suspension, degradation of performance, or discontinuance of the Service or any feature thereof. VitaLink will make commercially reasonable efforts to provide advance notice of scheduled maintenance that may result in extended service interruptions, via in-platform notifications, email, or status page updates at status.allofuschat.com.
The multilingual translation features provided within AllofUsChat.com are powered by automated artificial intelligence and machine learning systems, including neural machine translation models and large language models. VitaLink LLC expressly disclaims any warranty regarding the accuracy, completeness, reliability, timeliness, or fitness of translated content for any particular purpose. Translations are provided “as-is” and “as-available” without any guarantee of correctness.
Users should exercise independent judgment before relying on any translated content for important decisions, including but not limited to legal matters, medical communications, financial transactions, contractual negotiations, regulatory compliance, safety-critical communications, or any situation where mistranslation could result in harm, loss, or liability. VitaLink strongly recommends that users engage qualified human translators or interpreters for communications that require guaranteed accuracy.
VitaLink is not liable for any errors, omissions, misunderstandings, miscommunications, or consequences of any kind arising from reliance on automated translations, including but not limited to financial losses, personal injury, reputational harm, legal liability, or breach of confidentiality. Translation quality may vary by language pair, content complexity, domain-specific terminology, colloquial expressions, cultural context, and other factors beyond VitaLink’s control.
The Service may contain links to, integrations with, or features powered by third-party websites, services, applications, APIs, and content providers. Examples include but are not limited to: payment processors, cloud storage providers, analytics services, advertising networks, social media platforms, customer support tools, and third-party AI or translation services.
VitaLink does not endorse, control, audit, or accept responsibility for the content, functionality, privacy practices, security measures, or terms of service of such third parties. Your interactions with third-party services are governed exclusively by those services’ own terms, conditions, and privacy policies. VitaLink shall bear no liability whatsoever arising from your use of, reliance on, or exposure to third-party services accessed through or in connection with AllofUsChat.com. You acknowledge that your use of third-party services is at your own risk, and VitaLink recommends that you review the terms and privacy policies of any third-party services before use.
From time to time, VitaLink may offer beta, preview, early access, or experimental features (“Beta Features”) within the Service. Beta Features are provided for testing and evaluation purposes and may be incomplete, contain bugs or errors, or change significantly before general release. VitaLink makes no warranties or commitments regarding Beta Features and may modify, suspend, or discontinue any Beta Feature at any time without notice or liability. Your use of Beta Features is entirely at your own risk, and any feedback or data generated through Beta Features may be used by VitaLink to improve the Service without obligation or compensation to you.
To access certain features of the Service, you must register and create an account by providing the information requested during the registration process. During registration, you agree to provide accurate, current, truthful, and complete information, and to maintain and promptly update such information to keep it accurate, current, and complete throughout the duration of your account. Registration information may include, but is not limited to: your full legal name; email address; phone number; date of birth; country of residence; preferred language(s); and a secure password.
Providing false, misleading, incomplete, or fraudulent information during registration or at any time thereafter is a material breach of this Agreement and constitutes grounds for immediate account suspension or termination. Such misrepresentation may also subject you to civil liability, criminal prosecution, or both under applicable federal, state, and international laws.
VitaLink reserves the right to verify the accuracy of registration information through identity verification processes, which may include email or phone number verification, document verification, age verification, or other reasonable verification methods. VitaLink may deny registration or revoke access to any user who fails to complete required verification steps.
You are solely and fully responsible for maintaining the confidentiality and security of your account credentials, including your username, password, and any two-factor authentication (2FA) tokens or recovery codes. You agree to:
VitaLink shall not be liable for any loss, damage, unauthorized transactions, or liability resulting from your failure to comply with these security obligations. You are responsible for all activities that occur under your account, whether or not authorized by you, unless you have promptly reported unauthorized access in accordance with this Section. You acknowledge that VitaLink will never request your password via email, chat, telephone, or any other communication channel, and you should report any such request as a phishing attempt.
Accounts are personal, individual, and non-transferable. You may not sell, transfer, license, lease, lend, or assign your account, username, profile, or any account rights to any other person or entity without VitaLink’s prior express written consent. Any unauthorized transfer or attempted transfer of an account is a violation of this Agreement and shall render the account subject to immediate termination. VitaLink retains the right to reclaim, reassign, or retire any username at its sole discretion, including but not limited to usernames that are inactive, infringing, misleading, or otherwise objectionable.
You may delete your account at any time by using the account deletion feature within the Service settings (accessible at allofuschat.com/settings/account) or by submitting a written deletion request to support@allofuschat.com. Upon deletion, your profile information, display name, and avatar will be removed from active display within a commercially reasonable timeframe, typically within thirty (30) calendar days.
However, certain data may be retained by VitaLink after account deletion as required by applicable law or for legitimate business purposes, including but not limited to: data necessary to comply with legal, regulatory, or tax reporting obligations; data required to enforce this Agreement or resolve disputes; backup copies retained in accordance with VitaLink’s data retention and disaster recovery policies; anonymized or aggregated data that no longer identifies you; and data that has been shared with or copied by other users in the course of normal Service use. The specific categories and retention periods for such data are described in VitaLink’s Privacy Policy.
VitaLink reserves the right to suspend or delete accounts that have been inactive for an extended period of time, as determined by VitaLink in its sole discretion. VitaLink will make reasonable efforts to notify you via the email address associated with your account before suspending or deleting an inactive account. An account is considered inactive if no login, message, or other substantive interaction with the Service has occurred within the preceding twelve (12) months.
The Service is intended solely for lawful personal and professional communication purposes. You agree to use the Service only in compliance with all applicable local, state, federal, national, and international laws, regulations, ordinances, treaties, and directives, and in strict accordance with this Agreement, the VitaLink Community Guidelines, and all other policies incorporated herein by reference.
You agree that you will not, and will not permit, facilitate, encourage, assist, or enable any third party to engage in any of the following prohibited activities:
All content submitted, posted, transmitted, or made available through the Service (“User Content”) must comply with VitaLink’s Content Standards and Community Guidelines. Content must not contain material that is: false, inaccurate, misleading, or deceptive; promotes discrimination, hatred, or violence based on race, gender, religion, nationality, disability, sexual orientation, age, or any other protected characteristic; violates the privacy, publicity, intellectual property, or other proprietary rights of any third party; advocates, glorifies, or provides instructions for illegal acts, violence, self-harm, or harm to others; contains personal identifying information of third parties disclosed without their consent; or contains sexually explicit material involving minors. VitaLink reserves the right to determine, in its sole discretion, whether any content violates these standards.
VitaLink reserves the right, but is not obligated, to monitor, review, screen, filter, and moderate user activity and content on the Service for compliance with this Agreement and applicable law. VitaLink may employ a combination of automated systems (including artificial intelligence and machine learning tools), human moderators, and community reporting mechanisms to identify potentially violating content and conduct.
VitaLink may, in its sole discretion and without prior notice or liability, take any or all of the following enforcement actions: remove, edit, restrict, or disable access to any content that VitaLink determines violates this Agreement or is otherwise objectionable; issue warnings, temporary suspensions, or permanent bans to accounts that engage in prohibited conduct; restrict account features, capabilities, or privileges; report suspected illegal activity to law enforcement authorities and cooperate fully with investigations; preserve and disclose user data and content in response to lawful legal process; and take any other action VitaLink deems necessary to protect the safety, integrity, and reputation of the Service and its user community.
VitaLink encourages all users to report suspected violations of this Agreement, the Community Guidelines, or applicable law. Reports may be submitted through the in-platform reporting tools, by email to abuse@allofuschat.com, or through the reporting form at allofuschat.com/report. VitaLink takes all reports seriously and will investigate reported violations in a timely manner, though VitaLink is not obligated to disclose the results of any investigation or the specific enforcement actions taken.
AllofUsChat.com is the proprietary software product of VitaLink LLC. The Service, including all content, features, functionality, software, source code, object code, algorithms, data models, artificial intelligence models, translation engines, design elements, graphics, user interface designs, visual elements, logos, trademarks, service marks, trade names, trade dress, domain names, and all other materials made available through the AllofUsChat.com software platform (collectively, “VitaLink Content”), are owned exclusively by VitaLink LLC or licensed to VitaLink LLC and are protected by United States and international intellectual property laws, including but not limited to the Copyright Act of 1976, the Lanham Act, the Patent Act, the Defend Trade Secrets Act, and applicable international treaties including the Berne Convention and TRIPS Agreement. All rights, title, and interest not expressly granted herein are reserved exclusively by VitaLink LLC.
The VitaLink name and brand, the AllofUsChat name, logo, and software identity, and all related names, logos, product and service names, designs, slogans, and taglines are the exclusive trademarks and intellectual property of VitaLink LLC. AllofUsChat.com, as a software platform, is a proprietary product of VitaLink LLC, and no license, right, or interest in the underlying software is transferred to any user except the limited use license expressly granted in Section 5.2. You may not use VitaLink’s or AllofUsChat.com’s marks, branding, or software identity without VitaLink’s prior written permission. All other names, logos, product and service names, designs, and slogans referenced on the Service are the trademarks of their respective owners.
Subject to your compliance with this Agreement, VitaLink grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial purposes (unless you have entered into a separate enterprise or commercial license agreement with VitaLink). This license does not permit you to: reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any VitaLink Content except as incidentally necessary for normal use of the Service; use any VitaLink Content for commercial purposes without VitaLink’s prior written authorization; use any data mining, robots, or similar data gathering or extraction methods on VitaLink Content; or frame, mirror, or incorporate any portion of the Service into any other website, application, or service.
This license is automatically revoked upon termination of your account or this Agreement, or upon your breach of any provision of this Agreement. Upon revocation, you must immediately cease all use of VitaLink Content and destroy all copies thereof in your possession or control.
By submitting, posting, uploading, transmitting, or otherwise making available any content, messages, files, images, videos, audio recordings, or materials through the Service (“User Content”), you grant VitaLink LLC and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, translate, publish, create derivative works from, distribute, perform, display, and otherwise exploit such User Content in any media format and through any distribution channel, in connection with operating, improving, promoting, marketing, and developing the Service and VitaLink’s business, including but not limited to using User Content to train and improve VitaLink’s translation algorithms and AI models.
You represent and warrant that: (a) you own all rights, title, and interest in the User Content you submit, or have obtained all necessary permissions, licenses, consents, and authorizations from the rightful owners; (b) your User Content does not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, publicity rights, or other proprietary rights; (c) your User Content complies with all applicable laws, regulations, and this Agreement; and (d) your User Content does not contain any material that is defamatory, obscene, unlawful, or otherwise in violation of this Agreement. You retain ownership of your User Content, subject to the license granted herein.
If you provide VitaLink with any feedback, suggestions, ideas, enhancement requests, recommendations, bug reports, or other input regarding the Service (“Feedback”), you hereby irrevocably assign to VitaLink all rights, title, and interest in such Feedback, including all intellectual property rights therein. You agree that VitaLink may use, disclose, reproduce, license, modify, and otherwise exploit such Feedback without restriction, limitation, attribution, compensation, or confidentiality obligation to you. VitaLink is under no obligation to implement or incorporate any Feedback you provide.
VitaLink respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, VitaLink will respond expeditiously to claims of copyright infringement committed using the Service.
If you believe that material available on or through the Service infringes your copyright, you may submit a written notification to VitaLink’s designated Copyright Agent at: dmca@allofuschat.com. Your notification must include all elements required by 17 U.S.C. § 512(c)(3), including: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing, with sufficient detail for VitaLink to locate it on the Service; (d) your contact information, including address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
VitaLink reserves the right to remove or disable access to allegedly infringing material and to terminate the accounts of repeat copyright infringers in accordance with 17 U.S.C. § 512(i). If you believe that your content was removed or disabled in error, you may submit a counter-notification as provided by the DMCA.
Your use of the Service is also governed by VitaLink’s Privacy Policy, which is incorporated into this Agreement by reference. The Privacy Policy describes in detail how VitaLink collects, uses, processes, shares, stores, protects, and disposes of your personal information and data. By using the Service, you consent to the data practices described in the Privacy Policy, accessible at allofuschat.com/privacy. VitaLink encourages you to read the Privacy Policy carefully and review it periodically for updates.
In connection with your use of the Service, VitaLink may collect the following categories of data: account registration information (name, email, phone number, date of birth); profile information you choose to provide; message content and communication metadata; device and hardware information (device type, operating system, unique device identifiers); network information (IP address, browser type, referring URLs); usage data and analytics (features accessed, frequency and duration of use, interaction patterns); location data (if you enable location services); payment and billing information (for paid subscriptions); cookies, web beacons, and similar tracking technologies; information obtained through third-party integrations you authorize; and any other information you voluntarily provide to VitaLink. Detailed information about each data category, the legal basis for processing, and applicable retention periods is provided in VitaLink’s Privacy Policy.
VitaLink operates globally, and your personal data may be transferred to, stored in, and processed in countries other than your country of residence, including the United States and other jurisdictions where VitaLink, its affiliates, and its service providers maintain facilities. These countries may have different data protection laws than your jurisdiction, which may provide fewer protections for personal data.
By using the Service, you expressly consent to the transfer of your personal data to the United States and other countries where VitaLink and its service providers operate. VitaLink takes appropriate technical, organizational, and contractual measures to protect personal data during international transfers, including but not limited to: Standard Contractual Clauses approved by the European Commission; binding corporate rules; adequacy decisions by relevant data protection authorities; and encryption of data in transit and at rest. For European users, please see Section 12.3 for additional information about GDPR-specific transfer safeguards.
By creating an account, you consent to receive electronic communications from VitaLink, including: transactional messages related to your account (registration confirmations, password resets, payment receipts); administrative communications (service announcements, security alerts, planned maintenance notices); updates to this Agreement, the Privacy Policy, or other governing policies; and, subject to your preferences and applicable law, promotional and marketing communications about VitaLink products, features, events, and partner offerings.
You may opt out of promotional and marketing communications at any time by using the unsubscribe link in the communication, adjusting your notification preferences in your account settings, or contacting support@allofuschat.com. However, you cannot opt out of transactional and administrative communications that are essential to the provision and security of the Service, as these are a necessary component of the Service relationship.
VitaLink retains user data for as long as necessary to fulfill the purposes outlined in the Privacy Policy, provide the Service, comply with legal and regulatory obligations, resolve disputes, enforce agreements, and protect VitaLink’s legal rights and interests. Retention periods vary by data category and are described in detail in the Privacy Policy.
Upon account deletion, VitaLink will delete or anonymize your personal data within a commercially reasonable period, typically not exceeding ninety (90) calendar days, subject to the following exceptions: data required to be retained by applicable law, regulation, or court order; data necessary to investigate or defend against pending or threatened legal claims; backup copies retained in accordance with VitaLink’s disaster recovery and business continuity policies (which are regularly purged on a rolling basis); anonymized or aggregated data that no longer identifies you and cannot reasonably be used to re-identify you; and data that was shared with or copied by other users in the ordinary course of using the Service.
VitaLink implements and maintains industry-standard administrative, technical, and physical security measures designed to protect personal data against unauthorized access, disclosure, alteration, destruction, and loss. These measures include, but are not limited to: encryption of data in transit (TLS 1.2 or higher) and at rest (AES-256); multi-factor authentication for administrative access; regular security audits and penetration testing; access controls and the principle of least privilege; intrusion detection and prevention systems; employee security awareness training; and incident response planning and testing. However, no method of transmission over the internet or electronic storage is 100% secure, and VitaLink cannot guarantee absolute security of your data. You acknowledge and accept this inherent risk.
The Service may offer both free and premium paid subscription tiers. The features, capabilities, storage limits, and usage quotas available under each tier are described on AllofUsChat.com/pricing and may be updated from time to time. VitaLink reserves the right to change, modify, introduce, or discontinue any pricing, features, quotas, or subscription tiers at any time, with reasonable advance notice where required by law. VitaLink may also offer limited-time promotions, trial periods, and discounted pricing at its sole discretion, subject to additional terms specified at the time of the offer.
For paid subscriptions and in-app purchases, you agree to provide accurate, complete, and current billing information, including a valid payment method (such as a credit card, debit card, or other accepted form of payment). By providing payment information and completing a purchase, you authorize VitaLink (and its designated payment processor) to charge your payment method for all fees incurred, including subscription fees, applicable taxes, and any additional charges disclosed at the time of purchase.
All fees are stated in United States Dollars (USD) unless otherwise indicated. VitaLink reserves the right to change its pricing at any time, provided that any increase in subscription fees will not take effect until the beginning of your next subscription renewal period, and VitaLink will provide advance notice of such changes. Fees are non-refundable except as expressly stated in this Agreement or required by applicable law. VitaLink reserves the right to suspend or terminate your access to paid features for non-payment or failed payment transactions.
Subscriptions automatically renew at the end of each subscription period (monthly or annually, as applicable) at the then-current rate, unless you cancel your subscription before the renewal date. You may cancel your subscription at any time through your account settings at allofuschat.com/settings/subscription or by contacting support@allofuschat.com. Cancellation will take effect at the end of the current billing period, and you will retain access to paid features until that date. No prorated refunds will be issued for cancellation during an active billing period unless required by applicable law.
VitaLink will provide advance notice of any material price changes before your next renewal via email to the address associated with your account and/or through in-platform notifications. If you do not agree to the revised pricing, you must cancel your subscription before the renewal date.
Unless otherwise required by applicable law (including but not limited to consumer protection laws in the European Union, United Kingdom, Australia, or other jurisdictions that mandate cooling-off periods or refund rights), all fees paid to VitaLink are non-refundable. In its sole discretion, VitaLink may provide credits, refunds, or adjustments on a case-by-case basis in response to specific customer service requests. No refunds will be issued for partial subscription periods, unused features, or service interruptions not attributable to VitaLink’s gross negligence.
You are responsible for all applicable taxes, duties, levies, and government charges associated with your use of the Service, including but not limited to sales tax, use tax, value-added tax (VAT), goods and services tax (GST), digital services tax, withholding tax, or any similar tax or charge imposed by applicable law. VitaLink may collect and remit applicable taxes on your behalf where required by law. If a tax exemption applies to your purchase, you may provide VitaLink with a valid exemption certificate, and VitaLink will adjust billing accordingly upon verification.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VITALINK LLC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
VITALINK DOES NOT WARRANT THAT THE SERVICE MEETS YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, VITALINK’S WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VITALINK LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:
IN NO EVENT SHALL VITALINK’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO VITALINK IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE LIMITATIONS SET FORTH IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF VITALINK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR A REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, VITALINK’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless VitaLink LLC and its subsidiaries, affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, successors, and assigns (the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees and expert witness fees) arising out of or relating to:
VitaLink reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with VitaLink’s defense of such claim. You shall not settle any claim subject to this indemnification without VitaLink’s prior written consent.
This Section applies specifically to users accessing or using the Service from within the State of Texas and supplements all other provisions of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. VitaLink LLC is organized under the laws of the State of Texas, and any dispute, claim, or controversy arising under or in connection with this Agreement that is not subject to binding arbitration as provided herein shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Texas. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to jurisdiction or venue therein.
VitaLink LLC operates in full compliance with the Texas Business Organizations Code (“TBOC”), Title 3, as applicable to limited liability companies organized in Texas. Nothing in this Agreement shall be construed to limit the protections afforded to VitaLink’s members, managers, officers, or management under the TBOC, including but not limited to limitations on personal liability, fiduciary duty standards, and indemnification rights. Users acknowledge that VitaLink’s liability is limited in accordance with the TBOC and applicable Texas statutes, and that VitaLink’s members and managers shall not be personally liable for the debts, obligations, or liabilities of the Company except as provided by applicable law.
VitaLink operates in compliance with the Texas Deceptive Trade Practices — Consumer Protection Act, Tex. Bus. & Com. Code § 17.41 et seq. (“DTPA”). Where DTPA waiver is permissible under Tex. Bus. & Com. Code § 17.42, users who qualify as “business consumers” under the DTPA (i.e., users with assets of $25 million or more, or users who are represented by legal counsel in connection with the transaction and the transaction exceeds $500,000) voluntarily waive their rights under the DTPA to the maximum extent permitted by law. Texas consumers who do not meet the criteria for waiver retain all non-waivable rights provided under the DTPA, including rights relating to false, misleading, or deceptive acts or practices, unconscionable actions, and breach of warranty.
VitaLink LLC complies with the Texas Identity Theft Enforcement and Protection Act (Tex. Bus. & Com. Code § 521.001 et seq.) and maintains commercially reasonable safeguards to protect against unauthorized acquisition, access, use, or disclosure of sensitive personal information, including Social Security numbers, financial account numbers, and other identity-sensitive data. In the event of a data breach affecting Texas residents, VitaLink will provide notice as required by Tex. Bus. & Com. Code § 521.053, including notification to affected individuals without unreasonable delay and notification to the Texas Attorney General where the breach affects 250 or more Texas residents, in accordance with applicable statutory requirements and timelines.
For Texas residents, VitaLink operates in compliance with the Texas Data Privacy and Security Act (TDPSA), Tex. Bus. & Com. Code § 541.001 et seq. Texas consumers have the following rights under applicable state law:
To exercise any of the above rights, Texas residents may submit a verifiable consumer request to: privacy@allofuschat.com, by mail to VitaLink LLC — Privacy Department, 5900 Balcones Drive STE 100, Austin, TX 78731, Texas, USA, or via the privacy controls available within your account settings at allofuschat.com/settings/privacy. VitaLink will acknowledge receipt of your request and respond within forty-five (45) days of receiving a verifiable request, as required by the TDPSA, with the option to extend the response period by an additional forty-five (45) days when reasonably necessary due to complexity or volume of requests. VitaLink will inform you of any extension and the reason therefor. VitaLink will not discriminate against you for exercising your rights under the TDPSA, including by denying goods or services, charging different prices, or providing a different level or quality of goods or services.
If VitaLink declines to take action on your request, VitaLink will inform you within the response period of the reasons for declining and provide instructions for appealing the decision. You may appeal VitaLink’s decision by submitting an appeal to privacy-appeal@allofuschat.com. If your appeal is denied, you may file a complaint with the Texas Attorney General’s office.
VitaLink’s collection, use, and disclosure of personal information from Texas residents via AllofUsChat.com is governed by applicable Texas law and federal law, including the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq. VitaLink does not knowingly collect personal information from children under 13 years of age without verifiable parental consent. If VitaLink becomes aware that personal information has been collected from a child under 13 without appropriate parental consent, VitaLink will take prompt steps to delete such information and, if applicable, deactivate the associated account. Parents and guardians may contact VitaLink at privacy@allofuschat.com to review, request deletion of, or refuse further collection of their child’s personal information.
For users located in Texas who are not subject to binding arbitration under Section 13 of this Agreement, or for whom a court of competent jurisdiction determines that the arbitration provision is unenforceable, you agree to submit to the exclusive personal jurisdiction of the state courts of [County], Texas, and the United States District Court for the [Northern/Southern/Eastern/Western] District of Texas, and you irrevocably waive any objection to venue, personal jurisdiction, or forum non conveniens in such courts.
Use of the Service in violation of the Texas Harmful Access by Computer statute (Tex. Penal Code § 33.01 et seq.) is strictly prohibited and may constitute a criminal offense under Texas law. VitaLink cooperates fully with Texas law enforcement authorities in investigating and prosecuting violations of computer crime statutes, and reserves all civil and criminal remedies available under Texas law, including but not limited to seeking injunctive relief, actual damages, statutory damages, and attorneys’ fees.
This Agreement is entered into in accordance with the Texas Uniform Electronic Transactions Act (UETA), Tex. Bus. & Com. Code § 322.001 et seq., and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq. Your electronic acceptance of this Agreement—whether by clicking “I Agree,” checking a checkbox, creating an account, or continuing to use the Service—constitutes a valid, legally binding signature and agreement under Texas and federal law. Electronic records and signatures related to transactions under this Agreement are enforceable to the same extent as handwritten signatures and paper documents. You waive any argument that electronic acceptance of this Agreement is insufficient to form a binding contract.
VitaLink acknowledges that the Texas Attorney General is authorized to bring enforcement actions under the TDPSA, the DTPA, the Texas Identity Theft Enforcement and Protection Act, and other applicable Texas privacy and consumer protection statutes. VitaLink maintains an internal compliance program reasonably designed to ensure ongoing compliance with such statutes, including regular privacy impact assessments, data protection training for personnel, and documented policies and procedures. VitaLink will cooperate with any lawful investigation, civil investigative demand, or inquiry by the Texas Attorney General.
VitaLink LLC is committed to ensuring that AllofUsChat.com is accessible to all users, including persons with disabilities. This Section describes our accessibility standards, commitments, and user rights.
VitaLink LLC is committed to ensuring digital accessibility for people with disabilities, including but not limited to individuals with visual, auditory, motor, cognitive, speech, and neurological disabilities. We continually improve the user experience for all users and apply relevant accessibility standards to ensure we provide an equal and effective experience across the AllofUsChat.com platform and all associated mobile applications and client software.
AllofUsChat.com strives to conform to Level AA of the Web Content Accessibility Guidelines (WCAG) 2.1 and 2.2, published by the World Wide Web Consortium (W3C) Web Accessibility Initiative (WAI). WCAG defines requirements for designers and developers to improve accessibility for people with disabilities. Conformance with these guidelines helps make the web more accessible to users with a wide range of disabilities, including blindness and low vision; deafness and hearing loss; limited movement and motor disabilities; speech disabilities; photosensitivity and vestibular disorders; cognitive, learning, and neurological disabilities; and combinations of the above.
The Service is additionally designed in consideration of Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. § 794d), as amended, to the extent applicable to VitaLink’s operations, and in alignment with Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12182 et seq., which prohibits discrimination on the basis of disability in places of public accommodation. VitaLink also considers applicable state accessibility laws and international accessibility standards, including the European Accessibility Act (EAA) and the Accessibility for Ontarians with Disabilities Act (AODA), to the extent applicable to VitaLink’s global operations.
VitaLink implements and maintains the following accessibility features on AllofUsChat.com, where technically feasible:
VitaLink’s mobile applications for iOS and Android are designed to support native accessibility features provided by each operating system, including but not limited to: Apple VoiceOver and AssistiveTouch; Android TalkBack and Switch Access; display magnification, font size adjustment, and bold text; voice control and dictation; reduced motion and transparency settings; and compatibility with external assistive devices. VitaLink is committed to implementing accessibility best practices as defined in Apple’s Human Interface Guidelines, Google’s Android Accessibility guidelines, and WCAG 2.1 Level AA criteria adapted for native mobile interfaces.
If you require a specific accommodation to access or use AllofUsChat.com that is not currently provided, VitaLink will make reasonable efforts to provide such accommodation in accordance with applicable law, including Title III of the ADA, Section 508 of the Rehabilitation Act, and applicable state and local accessibility laws. To request an accessibility accommodation, please contact VitaLink’s Accessibility Team at: accessibility@allofuschat.com, by phone at [Phone Number], or by mail to: VitaLink LLC — Accessibility Compliance, 5900 Balcones Drive STE 100, Austin, TX 78731, Texas, USA. Accommodation requests will be reviewed and responded to within ten (10) business days. VitaLink will engage in an interactive process with the requesting individual to identify and implement an effective accommodation.
Certain content, features, and functionalities within the Service may be provided by third parties and may not fully conform to accessibility standards. VitaLink cannot guarantee the accessibility of third-party content, widgets, embedded media, or external websites linked to or accessible through AllofUsChat.com. However, VitaLink will use reasonable commercial efforts to work with third-party providers to improve accessibility over time and will prioritize the selection of accessible third-party tools and integrations where functionally equivalent options are available.
VitaLink conducts periodic accessibility audits and testing, including: automated accessibility scanning using industry-recognized tools (such as axe, WAVE, and Lighthouse); manual testing by trained accessibility specialists and individuals with disabilities; user testing with assistive technology users across a range of disabilities and devices; regular review and prioritized remediation of accessibility issues identified through audits, user feedback, or internal testing; accessibility review as part of the software development lifecycle for all new features and updates; and documentation and tracking of accessibility conformance through a Voluntary Product Accessibility Template (VPAT) or equivalent accessibility conformance report.
VitaLink is actively working to identify and remediate any accessibility gaps. We recognize that achieving and maintaining full WCAG 2.1 AA conformance is an ongoing effort requiring continuous investment, and we are committed to continuous improvement of the accessibility and usability of our Service.
We welcome and encourage feedback about the accessibility of AllofUsChat.com. If you experience barriers to access, have difficulty using any features, or wish to report an accessibility issue, please contact us at: accessibility@allofuschat.com, by phone at [Phone Number], or by mail to: VitaLink LLC — Accessibility Compliance, 5900 Balcones Drive STE 100, Austin, TX 78731, Texas, USA. We aim to acknowledge all accessibility-related inquiries within two (2) business days and to provide a substantive response within five (5) business days.
If VitaLink is unable to resolve your accessibility concern to your satisfaction through our internal process, you retain the right to file a complaint with the United States Department of Justice, Civil Rights Division, Disability Rights Section; the U.S. Access Board; the Federal Communications Commission (FCC); the relevant state attorney general or human rights commission; or other applicable federal, state, or local authorities with jurisdiction over accessibility matters.
VitaLink does not discriminate against users on the basis of disability in the provision of the Service. All users are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations available through AllofUsChat.com, in compliance with Title III of the ADA, Section 504 of the Rehabilitation Act, and all other applicable non-discrimination laws. VitaLink prohibits retaliation against any user who reports an accessibility barrier, requests a reasonable accommodation, or files an accessibility complaint.
AllofUsChat.com is accessible from jurisdictions worldwide. VitaLink makes no representation or warranty that the Service is appropriate, lawful, or available for use in all locations, countries, or territories. If you access the Service from outside the United States, you do so on your own initiative and are solely responsible for compliance with all applicable local, national, and regional laws, including but not limited to data protection laws, telecommunications regulations, content restrictions, import/export controls, and consumer protection laws. VitaLink reserves the right to limit the availability of the Service or specific features to any geographic region or jurisdiction at any time and for any reason.
The Service and any software, technical data, or technology associated with it may be subject to United States export control laws and regulations, including the Export Administration Regulations (EAR), 15 C.F.R. Parts 730-774, and sanctions regulations administered by the Office of Foreign Assets Control (OFAC), 31 C.F.R. Part 500 et seq. You agree to comply fully with all applicable export laws and regulations. You represent and warrant that: (a) you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive U.S. embargo; (b) you are not designated on any U.S. government list of prohibited or restricted parties, including the OFAC Specially Designated Nationals (SDN) List, the Commerce Department’s Denied Persons List, Entity List, or Unverified List; and (c) you will not use the Service for any purpose prohibited by applicable export laws or sanctions regulations, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons.
For users located in the European Economic Area (EEA), United Kingdom, or Switzerland, VitaLink processes personal data in accordance with the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679; the UK General Data Protection Regulation (UK GDPR); and the Swiss Federal Act on Data Protection (nFADP), as applicable. European users have the following rights under applicable data protection law: the right of access to personal data; the right to rectification of inaccurate data; the right to erasure (“right to be forgotten”); the right to restriction of processing; the right to data portability; the right to object to processing; rights related to automated decision-making and profiling; and the right to withdraw consent at any time where processing is based on consent. To exercise these rights, please contact: gdpr@allofuschat.com or VitaLink’s EU Representative at [EU Representative contact information].
VitaLink’s legal bases for processing personal data of European users include: performance of a contract (this Agreement); legitimate interests (improving the Service, preventing fraud, ensuring security); consent (where specifically obtained); and compliance with legal obligations. International transfers of personal data from the EEA, UK, or Switzerland to the United States or other third countries are conducted pursuant to appropriate safeguards, including Standard Contractual Clauses (SCCs) adopted by the European Commission, or other approved transfer mechanisms. You may obtain a copy of the applicable transfer safeguards by contacting gdpr@allofuschat.com.
For users located in Canada, VitaLink complies with Canada’s Anti-Spam Legislation (CASL), S.C. 2010, c. 23. Commercial electronic messages (CEMs) sent to Canadian users require express or implied consent in accordance with CASL requirements. You may withdraw your consent to receive CEMs at any time by using the unsubscribe mechanism provided in the message, adjusting your account preferences, or contacting support@allofuschat.com. VitaLink will process your withdrawal request within ten (10) business days in accordance with CASL.
VitaLink is committed to respecting the privacy rights of users worldwide and strives to comply with applicable data protection and privacy laws in the jurisdictions where the Service is offered, including but not limited to: the Australian Privacy Act 1988 (Cth); the Brazilian General Data Protection Law (LGPD), Lei nº 13.709/2018; Japan’s Act on the Protection of Personal Information (APPI); South Korea’s Personal Information Protection Act (PIPA); and other applicable national and regional privacy frameworks. Users with questions about their specific privacy rights under local law should contact privacy@allofuschat.com.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Except for disputes subject to the small claims court exclusion below and except for requests for injunctive or equitable relief as described herein, you and VitaLink agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Service, your relationship with VitaLink, or the interpretation, applicability, enforceability, or formation of this Agreement—including disputes about the existence, validity, scope, or enforceability of this arbitration agreement—shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (available at www.adr.org), as supplemented by the terms herein.
Either party may commence arbitration by filing a written demand with the AAA and delivering a copy to the other party. VitaLink’s address for arbitration notices is: VitaLink LLC — Legal Department, 5900 Balcones Drive STE 100, Austin, TX 78731, Texas, USA. Your address for arbitration notices is the email or mailing address associated with your account. If VitaLink’s claim against you does not exceed $10,000, VitaLink will bear all filing, administration, and arbitrator fees. If your claim against VitaLink does not exceed $10,000, VitaLink will reimburse your filing fee and pay all AAA administration and arbitrator fees. For claims exceeding $10,000, the AAA Consumer Arbitration Rules govern allocation of fees.
YOU AND VITALINK AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MULTI-PARTY, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims, may not preside over any form of representative or class proceeding, and may not award relief to any person or entity that is not a party to the arbitration. If a court or arbitrator determines that this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and brought in a court of competent jurisdiction.
Arbitration will be conducted in the English language, in the State of Texas (or at a location mutually agreed upon by the parties, or by telephone or video conference if agreed). The arbitrator shall be a single neutral arbitrator selected in accordance with the AAA Consumer Arbitration Rules. The arbitrator shall have exclusive authority to resolve all threshold arbitrability questions, including whether this Agreement is enforceable, whether the dispute is arbitrable, and whether any condition precedent to arbitration has been satisfied. The arbitrator shall apply Texas substantive law (or, for claims arising under federal law, the applicable federal law) and shall follow applicable statutes of limitations. The arbitrator’s award shall be final and binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator may award any relief that a court of competent jurisdiction could award, including injunctive relief and attorneys’ fees where authorized by applicable law. The arbitrator shall provide a written, reasoned decision explaining the essential findings and conclusions on which the award is based.
Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies under the jurisdictional limits of the applicable small claims court and remains in small claims court. If the claim is transferred, removed, or appealed to a court of general jurisdiction, the arbitration agreement shall apply.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights, pending the outcome of arbitration.
BY AGREEING TO THESE TERMS, YOU AND VITALINK EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIM OR CAUSE OF ACTION SUBJECT TO THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS WAIVER APPLIES WHETHER THE CLAIM IS RESOLVED IN COURT OR IN ARBITRATION.
Any claim or cause of action arising out of or related to this Agreement or use of the Service must be filed within one (1) year after the date on which the claim or cause of action arose, or within such longer period as may be required by applicable mandatory law that cannot be waived by agreement. Failure to file within the applicable period shall permanently bar any such claim. You acknowledge that this provision limits the time within which you may bring a claim and that you are waiving any longer statute of limitations that might otherwise apply.
You have the right to opt out of this arbitration agreement within thirty (30) calendar days of first accepting this Agreement or creating an account on AllofUsChat.com (whichever occurs first) by sending a written opt-out notice to: VitaLink LLC — Arbitration Opt-Out, 5900 Balcones Drive STE 100, Austin, TX 78731, Texas, USA, or by email to legal@allofuschat.com with the subject line “Arbitration Opt-Out.” Your opt-out notice must include your full name, account username or email address, mailing address, and a clear statement that you wish to opt out of the arbitration and class action waiver provisions. If you timely opt out, you will not be bound by the arbitration and class action waiver provisions, but all other provisions of this Agreement will remain in effect.
VitaLink reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate your access to the Service, your account, or any portion thereof, with or without notice and with or without cause, for any reason including but not limited to: your violation of this Agreement or any incorporated policy; suspected fraudulent, abusive, illegal, or harmful activity; prolonged account inactivity; failure to pay applicable fees; receipt of a valid legal order, subpoena, or government request; termination or expiration of VitaLink’s agreements with third-party service providers; or for any other business reason at VitaLink’s sole discretion. VitaLink may also suspend or terminate the Service in its entirety, or discontinue specific features or functionalities, at any time without prior notice.
Upon termination of your account or this Agreement for any reason, your right to access and use the Service immediately and automatically ceases. VitaLink may, but is not required to, delete your account data, User Content, and associated information in accordance with VitaLink’s data retention policies and applicable law. VitaLink shall not be liable to you or any third party for any termination of your access to the Service.
The following Sections of this Agreement, by their nature, shall survive termination and continue in full force and effect: Section 5 (Intellectual Property Rights), Section 6 (Privacy and Data Protection, to the extent VitaLink retains data post-termination), Section 8 (Disclaimers of Warranties), Section 9 (Limitation of Liability and Indemnification), Section 10 (Texas-Specific Provisions), Section 13 (Dispute Resolution and Arbitration), Section 14 (Termination, this Section), and Section 15 (General Provisions), as well as any other provisions that by their terms or by implication are intended to survive termination.
Prior to terminating your account, you may request a copy of your personal data and User Content in a portable, machine-readable format by contacting support@allofuschat.com or using the data export tool available in your account settings at allofuschat.com/settings/data-export. VitaLink will use commercially reasonable efforts to fulfill data export requests within thirty (30) calendar days. After termination, VitaLink is not obligated to maintain or provide access to your data except as required by applicable law.
This Agreement, together with the Privacy Policy, Community Guidelines, Cookie Policy, and any other agreements, policies, supplemental terms, or guidelines expressly incorporated herein by reference, constitutes the entire agreement between you and VitaLink with respect to your access to and use of the Service and supersedes all prior and contemporaneous understandings, agreements, representations, warranties, and communications, whether written or oral, between you and VitaLink regarding the subject matter hereof.
If any provision of this Agreement, or any portion thereof, is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent, or if such modification is not possible, the provision shall be deemed severed from this Agreement. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall continue in full force and effect.
VitaLink’s failure or delay in enforcing any right, provision, or remedy under this Agreement shall not constitute a waiver of such right, provision, or remedy, nor shall it be construed as a waiver of any subsequent breach or default. Any waiver of any provision of this Agreement must be in writing, signed by an authorized representative of VitaLink, and specific to the provision being waived. A waiver of any right or provision on one occasion shall not operate as a waiver of such right or provision on any future occasion.
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under this Agreement without VitaLink’s prior express written consent. Any attempted assignment or transfer in violation of this provision shall be null and void. VitaLink may freely assign, transfer, or delegate this Agreement, in whole or in part, including in connection with a merger, acquisition, reorganization, sale of assets, change of control, or by operation of law, without notice to or consent from you. Following any permitted assignment by VitaLink, this Agreement shall be binding upon and inure to the benefit of VitaLink’s successors and assigns.
VitaLink shall not be liable for any failure, delay, interruption, or degradation in the performance of its obligations under this Agreement resulting from causes beyond its reasonable control (“Force Majeure Events”), including but not limited to: acts of God; natural disasters (earthquakes, floods, hurricanes, wildfires); epidemics, pandemics, or public health emergencies; war, armed conflict, terrorism, or civil unrest; labor disputes, strikes, or lockouts; power outages, electrical failures, or utility disruptions; internet outages, telecommunications failures, or infrastructure disruptions; government action, regulation, embargo, or sanctions; cyberattacks, denial-of-service attacks, or security incidents; and any other event or circumstance beyond VitaLink’s reasonable control. VitaLink will make commercially reasonable efforts to resume performance as promptly as practicable following the cessation of the Force Majeure Event.
All legal notices, requests, demands, and other communications required or permitted under this Agreement to VitaLink must be submitted in writing to: legal@allofuschat.com, or by certified mail, return receipt requested, to: VitaLink LLC — Legal Department, 5900 Balcones Drive STE 100, Austin, TX 78731, Texas, USA. VitaLink may provide notices to you via the email address or contact information associated with your account, via in-platform notifications, or via a prominent notice posted on the Service. Notices to you shall be deemed received when sent to your account email address or when posted on the Service, whichever occurs first.
This Agreement is made in the English language. In the event of any inconsistency, conflict, or ambiguity between the English version of this Agreement and any translation thereof into another language, the English version shall prevail and govern. All communications, notices, and proceedings arising under or related to this Agreement shall be in the English language unless otherwise agreed in writing by the parties.
Section headings, titles, and captions used in this Agreement are for convenience of reference only and shall not affect the meaning, interpretation, or construction of any provision of this Agreement. The words “include,” “includes,” and “including” are to be construed as non-exhaustive and followed by the phrase “without limitation.” The terms “herein,” “hereunder,” “hereto,” and similar terms refer to this Agreement as a whole and not to any particular Section or provision.
VitaLink reserves the right to modify, amend, supplement, or replace this Agreement at any time in its sole discretion. Where required by applicable law, VitaLink will provide advance notice of material changes through one or more of the following methods: email notification to the address associated with your account; in-platform notification or banner; a prominent notice on the AllofUsChat.com website or login page; or a push notification to your mobile device. Changes will be identified by an updated “Last Revised” date at the top of this Agreement. Your continued use of the Service after any modification constitutes your acceptance of the modified Agreement. If you object to any change, your sole and exclusive remedy is to discontinue use of the Service and close your account in accordance with Section 3.4.
This Agreement is intended solely for the benefit of VitaLink and you, and nothing in this Agreement, express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit, remedy, or claim under or by reason of this Agreement. VitaLink’s affiliates, subsidiaries, licensors, and service providers are express third-party beneficiaries of the limitation of liability and indemnification provisions of this Agreement.
Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, employment, franchise, or fiduciary relationship between you and VitaLink. Neither party has the authority to bind the other or to incur any obligation on the other’s behalf. You are an independent user of the Service, not an employee, agent, partner, or representative of VitaLink.
For general inquiries, support, or questions about this Agreement, please contact VitaLink at:
VitaLink LLC — AllofUsChat.com
General Support: support@allofuschat.com
Legal Department: legal@allofuschat.com
Privacy and Data Protection: privacy@allofuschat.com
GDPR Inquiries (European Users): gdpr@allofuschat.com
Accessibility: accessibility@allofuschat.com
DMCA / Copyright: dmca@allofuschat.com
Security: security@allofuschat.com
Abuse Reports: abuse@allofuschat.com
Website: www.allofuschat.com
BY CHECKING THE CHECKBOX ON THE ALLOFUSCHAT.COM REGISTRATION OR ACCOUNT ACCESS PAGE AND CLICKING “I AGREE” (OR SIMILAR AFFIRMATIVE ACTION), YOU ACKNOWLEDGE AND CONFIRM THE FOLLOWING:
Version 1.0 — Effective January 1, 2025 — Last Revised February 2025