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:
- Frontend (website): Netlify, Inc. (USA, international server network)
- Database and authentication: Supabase, Inc. (EU servers, Ireland)
- Transactional and authentication emails: Twilio Inc. (SendGrid), USA
- Marketing and reminder emails: Brevo SAS (Paris, France)
- Payment processing: Paddle.com Market Limited (London, United Kingdom), acting as Merchant of Record
- AI content generation: Anthropic, PBC (San Francisco, California, USA)
- Technical error tracking: Functional Software, Inc. (Sentry), with data hosted in the EU (Germany)
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:
- A free body profiling test revealing the user's vitality archetype among 16 profiles, based on 5 dimensions (Movement, Fuel, Recovery, Mind, Longevity)
- A free 7-day training plan, generated by artificial intelligence, tailored to the user's archetype and profile
- A paid subscription providing access to a continuous adaptive program, monthly archetype retesting, and various complementary personalization and tracking features
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:
- Generating personalized training plans
- Generating periodic summaries (weekly recaps, archetype evolution)
- Possible automated messaging assistance integrated into the Service
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:
- Is not a medical device within the meaning of Regulation (EU) 2017/745
- Does not in any way replace the advice, diagnosis, or recommendations of a healthcare professional, physiotherapist, nutritionist, or any other qualified specialist
- May produce inaccurate, incomplete, or unsuitable recommendations for the user's particular situation
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:
- Do not constitute a therapeutic program or medical protocol
- Do not take into account pathologies, medical history, or particular conditions that the user has not declared or has declared inaccurately
- May evolve based on the user's interactions with the Service
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:
- To be in good general health or to have consulted a healthcare professional authorizing physical activity
- Not to suffer from any pathology incompatible with physical training without medical supervision
- To understand that any sports practice involves risks of injury and to accept these risks with full knowledge
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:
- Breach of these Terms
- Fraud, attempted circumvention, or abusive behavior
- False or misleading information provided at registration
- Posting of illegal, offensive, or harmful content
- Behavior harmful to the Service or its users
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:
- Expressly requests that execution of the Service begin immediately, without waiting for the expiration of the legal 14-day withdrawal period
- Acknowledges that they expressly waive their right of withdrawal once execution has begun
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:
- Major technical error rendering the Service unusable for a prolonged period
- Double billing
- Proven fraud
- Cases provided for by applicable law (legitimate reason, recognized force majeure, characterized failure to perform the Service)
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:
- Use of the Service for commercial purposes without prior agreement from the Publisher (Ambassador and Affiliate programs are excluded from this restriction)
- Resale, copying, reproduction, or unauthorized distribution of Service content
- Automated data extraction (scraping)
- Use of bots, scripts, or any automated means to access the Service
- Creation of multiple accounts to circumvent usage limits or free trials
- Distribution of illegal, offensive, defamatory, privacy-violating, or harmful content via Service features
- Any attempt to compromise Service security
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:
- Consequences of use unsuited to the user's health condition
- Injuries, pain, or physical disorders occurring during or following recommended activities
- Results obtained or not obtained by the user
- Errors, inaccuracies, or potential inadequacies of AI-generated content
- Decisions made by the user based on the recommendations provided
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:
- Scheduled or emergency maintenance operations
- Failures or interruptions of third-party providers (host, payment, AI, messaging)
- Force majeure events
- Acts of third parties (cyberattacks, hacking, etc.)
- Factors related to internet infrastructure or mobile networks beyond the Publisher's control
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:
- Generate and adapt their personalized plans and reports
- Improve the Service in aggregated and anonymized form
- Calculate aggregated and anonymized statistics
- Train and improve the AI models used by the Service, in aggregated and anonymized form
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