Terms of Use and Sale

Last updated: July 7, 2026

1. Introduction

These Terms and Conditions ("Terms") govern the access and use of the Vitality Archetype application, accessible at vitalityarchetype.com and through any associated mobile application or progressive web app (the "Service"), and the subscription to the paid plan offered.

By using the Service and validating any order through the dedicated checkbox, you acknowledge that you have read these Terms and accept them in full and without reservation.

These Terms prevail over any other document. The Publisher reserves the right to derogate from certain clauses on a case-by-case basis, through specific written agreement with a particular user.

2. Service Publisher

The Service is published by:

OCEALIA SARL with capital of EUR 220,000 Registered office: 608 Route de Robion, 84300 Cavaillon, France SIRET: 510 742 406 00018 Avignon Trade and Companies Register: 510 742 406 The director of publication is the legal representative of OCEALIA. Contact: hello@vitalityarchetype.com

(hereinafter the "Publisher" or "we")

3. Hosting and Technical Providers

The Service relies on the following providers:

The full list of processors handling personal data, including analytics tools, is available in the Privacy Policy.

4. Service Description

Vitality Archetype is a web and mobile application (Progressive Web App) offering:

Illustrations, photographs, and descriptions presented on the Service do not constitute a contractual document and are provided for indicative purposes only.

The user remains responsible for the terms and consequences of their access to the Service. They must provide and maintain the necessary computer equipment (device, internet connection) and acknowledge having verified technical compatibility with their setup.

5. Use of Artificial Intelligence Technologies

In accordance with Regulation (EU) 2024/1689 of June 13, 2024 (EU Artificial Intelligence Act), the user is informed that the Publisher uses artificial intelligence ("AI") technologies for:

5.1 Nature and Limits of AI-Generated Content

Recommendations and content generated by AI are provided for informational and indicative purposes only. They are based exclusively on data provided by the user during the test, onboarding, and feedback over time, data that is not verified by the Publisher.

The user acknowledges that AI:

The Publisher does not guarantee the accuracy, completeness, or adequacy of AI-generated content for each user's personal needs. The user remains solely responsible for the interpretation and use they make of the generated content.

5.2 Sports and Nutrition Recommendations

The Service may provide recommendations regarding physical training and nutrition. These recommendations:

For guidance tailored to any medical or particular situation, the Publisher strongly recommends that the user consult a qualified healthcare professional.

5.3 Continuous Improvement

The user's interactions with AI features may be recorded and analyzed in aggregated and anonymized form for continuous improvement of the Service. These processes are carried out in compliance with the Service's Privacy Policy.

6. Access Conditions

6.1 Minimum Age

Use of the Service is strictly reserved for natural persons aged 18 years and older, legally capable of contracting. By using the Service, the user declares on their honor to be of legal age and to have full legal capacity.

Registration on behalf of a third party, except by valid representation of a legal entity, is prohibited.

The Publisher reserves the right to suspend or delete any account whose holder is identified as a minor, without notice or compensation.

6.2 Physical Capacity and Health

The Service offers training recommendations that may involve physical intensity. The user declares prior to any registration:

The user acknowledges using the Service under their sole responsibility, including in cases of pregnancy, known pathologies, or particular physical conditions.

The user agrees to immediately stop any activity in case of pain, discomfort, or any unusual sign, and to consult a healthcare professional.

7. Account Creation and Management

7.1 Registration

Registration is done by creating an account combining an email address and a password, or through any other authentication method offered by the Service (such as a third-party identity provider). The user warrants that the information provided (email, profile, age, level, sport, etc.) is real, accurate, complete, and up-to-date.

The user agrees to keep their information up-to-date and not to use false data or data they do not have the right to use.

7.2 Security

The user is solely responsible for the confidentiality of their login credentials (email address and password) and the security of their inbox. Any action performed from an account is deemed to be performed by its holder, except in cases of proven fraud.

In case of unauthorized use or suspicion, the user must inform the Publisher immediately at hello@vitalityarchetype.com and change their password without delay.

7.3 Suspension and Deletion

The user may delete their account at any time from their account (Delete my account button) or by sending a request to hello@vitalityarchetype.com. Deletion is effective within a maximum of 30 days, subject to legal retention obligations.

The Publisher may suspend or delete an account, without notice or compensation, in case of:

No refund is due in case of suspension or deletion for breach.

8. Orders and Subscriptions

8.1 Subscription Plan

The Publisher offers a single Premium subscription providing access to all paid features of the Service, with monthly or annual billing. Rates and the details of associated features are displayed on the Service at the time of subscription.

Certain features may not be available in all countries or regions, due to local legal, regulatory, or technical constraints. The Publisher reserves the right to modify, restrict, suspend, or discontinue all or part of the Service in any geographic area, without limiting the legal rights the user has under mandatory provisions applicable in their country of residence.

8.2 Order Validation

When placing an order, the user selects the desired billing period, verifies the details and total price, and may return to previous steps to modify their selection.

The order is validated through the "double-click" technique: the user selects the plan, verifies the information, then successively clicks the final validation buttons. This double-click constitutes an electronic signature and an irrevocable and unreserved acceptance of the order, in accordance with applicable law.

The Publisher reserves the right not to validate an order for legitimate reasons, including breach of Terms, dispute history, or suspicion of fraud.

8.3 Subscription Period

Subscriptions are concluded for a fixed term and take effect from the exact date and time of subscription. They expire at the end of the relevant period, on the same date and at the same time as the initial subscription, and not at 11:59 PM on the expiration day.

8.4 Billing Period Change

The user may, at any time, switch from monthly to annual billing, directly from their personal account.

Switching from annual to monthly billing is not available as a self-service option and must be requested via hello@vitalityarchetype.com at least 48 hours before the automatic renewal date. Any request received after this period will take effect for the following period.

8.5 Confirmation and Archiving

Contractual information related to the order is confirmed by email. A digital invoice is made available to the user.

The Publisher archives contracts in accordance with applicable law. A copy may be obtained upon simple request to hello@vitalityarchetype.com.

9. Payment

9.1 Pricing

Prices are displayed inclusive of applicable taxes, in the currency applicable to the user's country of residence. VAT or equivalent sales tax is calculated, collected, and remitted automatically by our provider Paddle, acting as Merchant of Record.

Current promotions are clearly mentioned, are temporary, and are not retroactive, unless otherwise specified.

9.2 Terms

Payment is due in advance for the chosen period (monthly or annual). Provision of the Service is conditional on full receipt of amounts due.

Orders are paid through the secure online payment solution Paddle, acting as Merchant of Record: the sale transaction is concluded with Paddle, and purchases are also subject to Paddle's Checkout Buyer Terms, available at paddle.com. Paddle offers payment by credit card and other electronic payment methods depending on the country of residence. The user's banking details do not transit through the Publisher's servers and are protected by SSL encryption.

The inability to debit amounts due results in immediate cancellation of the transaction.

9.3 Automatic Renewal

Subscriptions automatically renew at expiration, for a period identical to that initially subscribed, at the rate in effect, unless cancelled by the user before the expiration date.

A user with an annual subscription receives a notification email between the 90th and 30th day before the expiration date, reminding them of the possibility to cancel without charge.

A user with a monthly subscription is informed of the renewal date in their personal account and may cancel at any time.

9.4 Price Changes

The Publisher reserves the right to modify its rates at any time. Changes apply only to new subscriptions and future renewals, never retroactively.

The user is notified by email at least 30 days before the application of any new rate to their subscription. They may cancel without charge before the application date.

10. Cancellation and Right of Withdrawal

10.1 Cancellation by the User

The user may cancel their subscription at any time, from their personal account or by sending a request to hello@vitalityarchetype.com.

Cancellation takes effect at the end of the current billing period. The user retains access to the Service until that date.

10.2 Right of Withdrawal

In accordance with Directive 2011/83/EU and Article L221-28, 13° of the French Consumer Code, the Service constitutes digital content provided on intangible media and executed immediately upon subscription.

By validating their order, the user:

The Publisher provides confirmation of this agreement by email after subscription.

10.3 Refund Policy

No refunds are granted for voluntary cancellation, the user being able to cancel at any time and retain access until the end of the paid period.

Refunds are granted only in the following cases:

Refunds are processed by Paddle in its capacity as Merchant of Record.

In case of technical unavailability of the Service or any other incident under the Publisher's responsibility, the latter reserves the right, at its sole discretion, to offer an extension of the subscription period as compensation, instead of or in addition to a refund. This compensation may be applied individually or collectively to a group of affected users.

11. Customer Support

11.1 Nature of Support

The Publisher provides user support accessible by email at hello@vitalityarchetype.com, allowing users to obtain answers about Service usage, subscriptions, features, or any account-related question.

11.2 Use of AI for Support

The Publisher may, as part of support, use an automated conversational agent (chatbot) based on AI. When an exchange is automated, the user is informed.

Responses generated automatically are provided for informational and indicative purposes only. The Publisher cannot be held responsible for misinterpretation or inappropriate use of generated responses. In case of doubt or situations requiring human advice, the user may request to be connected with a member of the support team.

11.3 Response Time

The Publisher commits to providing a response within a reasonable time, generally within 7 business days for standard requests.

12. Compliant Use

The user agrees to use the Service in accordance with its purpose, the law, and these Terms. The following are notably prohibited:

In case of breach, the Publisher may, without notice, temporarily suspend or permanently delete the affected account, and initiate legal proceedings in case of damage.

13. Limitation of Liability

13.1 Informational Nature

The Service provides training and lifestyle recommendations generated by artificial intelligence, for informational and personal optimization purposes. These recommendations do not constitute medical advice, a therapeutic program, or a substitute for follow-up by a qualified professional.

The Publisher cannot be held responsible for:

13.2 Service Availability

The Service is provided "as is" and "as available". The Publisher strives to ensure continuous availability but cannot guarantee operation without interruption or error.

The Publisher cannot be held responsible for unavailabilities related to:

13.3 Liability Cap

To the extent permitted by law, the Publisher's total liability to a user, all damages combined, is limited to the amount actually paid by that user under their subscription during the 12 months preceding the triggering event.

13.4 Force Majeure

The Publisher cannot be held responsible for any failure resulting from a force majeure event as defined by French case law, including notably: natural disasters, pandemics, network interruptions, critical provider failures, government decisions, armed conflicts, major cyberattacks.

13.5 Insurance

The Publisher declares to have subscribed to insurance covering its professional and contractual liability, to the extent provided by law.

14. Intellectual Property

14.1 Ownership of the Service

All elements of the Service (texts, images, videos, code, graphics, logo, Vitality Archetype trademark, archetypes, descriptions, scoring methodology, shareable card design, database) are the exclusive property of the Publisher or are subject to a license of use.

No element of the Service may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcasted, represented, stored, used, rented, or exploited in any other way, free of charge or for a fee, without the prior written authorization of the Publisher.

14.2 User-Generated Data

The user retains ownership of the data they provide (test answers, feedback, preferences, shared content). They grant the Publisher a non-exclusive, worldwide, transferable and sublicensable, royalty-free license to use this data within the Service, notably to:

14.3 Shareable Cards

The user is authorized to publicly share the visual archetype cards generated by the Service, for non-commercial use, on their personal social networks and messaging applications.

Use for commercial purposes (by brands, media, organizations) requires the prior written authorization of the Publisher.

14.4 User Warranty

The user warrants that they have all rights to the content they post or share via the Service, and that it does not violate the rights of third parties (intellectual property, privacy, image rights), nor public order or morality.

The user warrants the Publisher against any legal action in this regard, including reasonable defense costs.

15. Personal Data

The processing of personal data is governed by the Privacy Policy available on the Service, which is an integral part of these Terms.

The user may exercise their rights (access, rectification, deletion, portability, opposition) by contacting hello@vitalityarchetype.com.

16. Cookies

The use of cookies is governed by the Cookie Policy available on the Service.

17. Ambassador and Affiliate Programs

The Publisher offers partnership programs (Ambassador, Affiliate) governed by specific conditions available upon registration. Commissions are paid subject to compliance with the conditions of each program.

The Publisher reserves the right to modify the conditions of partnership programs with 30 days' notice, or to suspend or exclude any partner in case of fraud, harmful behavior, or breach of program conditions.

18. Hyperlinks

The Service may contain hyperlinks to third-party sites not published by the Publisher. These links are provided for the user's convenience. By clicking on these links, the user leaves the Service and accepts to use third-party sites at their own risk, according to their own conditions.

The Publisher cannot be held responsible for the content, conditions of use, or availability of these third-party sites.

The user may not insert a hyperlink to the Service without the prior written agreement of the Publisher.

19. Modification of Terms

The Publisher may modify these Terms at any time. In case of substantial modification, users are notified by email at least 30 days before the new Terms take effect.

Continued use of the Service after this period constitutes acceptance of the new Terms. In case of disagreement, the user may cancel without charge before the application date.

20. Consumer Mediation

In accordance with Articles L612-1 et seq. of the French Consumer Code, any consumer user has the right to use, free of charge, a consumer mediator with a view to the amicable resolution of a dispute with the Publisher.

The Publisher adheres to the following mediation scheme:

CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice 49 rue de Ponthieu, 75008 Paris, France Phone: +33 1 89 47 00 14 Online claim form: https://www.cm2c.net/declarer-un-litige.php Email: litiges@cm2c.net

The dispute may only be examined by the mediator if the user can show that they first attempted to resolve the dispute directly with the Publisher through a written complaint sent to hello@vitalityarchetype.com, and if the request is submitted within one year of that complaint.

21. Applicable Law and Jurisdiction

These Terms are governed by French law.

In case of dispute, the parties will endeavor to find an amicable solution, where applicable through the consumer mediator designated in Section 20. Failing this, and subject to mandatory applicable provisions, disputes will be submitted to the competent courts of Avignon (84), France.

Users residing outside France may be subject to mandatory provisions of their national law, particularly with regard to consumer protection.

22. Miscellaneous Provisions

22.1 Entire Agreement

These Terms, together with the Privacy Policy and the Cookie Policy, constitute the entire agreement between the user and the Publisher, and supersede any prior agreement.

22.2 Partial Invalidity

If any provision of these Terms is deemed invalid, illegal, or unenforceable, the other provisions shall remain in force.

22.3 No Waiver

The Publisher's failure to enforce a breach by the user shall not be interpreted as a waiver of the right to enforce it later.

22.4 Assignment

The user may not assign their rights under these Terms without the prior written consent of the Publisher. The Publisher may freely assign these Terms to a third party (notably in case of business transfer or subsidiary creation).

23. Contact

For any question regarding these Terms:

Email: hello@vitalityarchetype.com