TERMS AND CONDITIONS OF USE

Last Updated: November 20, 2025

The following Terms and Conditions of Use ("Terms") are entered into by and between You and Vitality Systems USA, Inc. ("Company," "we," "us," or "Vitality Systems").

These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your use of the website www.vitalitysystemsusa.com and any subdomains ("Website"), including all materials, resources, information, and services on the Website, whether as a guest or registered user.

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.

By accessing or using the Website you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.

PRIVACY POLICY

Your use of the Website is also subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.

DISCLAIMER

Your use of the Website is also subject to our Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.

NO USE BY MINORS

To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website.

LAWFUL PURPOSES

You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate purposes only. You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

MEDICAL DEVICES AND DISTRIBUTOR RELATIONSHIP

Vitality Systems USA, Inc. is an authorized distributor of medical and homecare devices manufactured by Weber Medical GmbH, located in Lauenförde, Germany. We do not manufacture medical devices ourselves. All medical devices sold through this Website are manufactured by Weber Medical GmbH and comply with applicable international standards and regulatory requirements.

IMPORTANT DISCLAIMERS REGARDING MEDICAL DEVICES:

• The medical devices we distribute are intended for use as specified in their respective user manuals and regulatory clearances

• We are not healthcare providers and do not provide medical advice, diagnoses, or treatment recommendations

• You should always consult with a qualified healthcare professional before using any medical device

• The purchase of medical devices does not establish a physician-patient or healthcare provider-patient relationship

• Product information on this Website is for informational purposes only and does not replace professional medical advice

• Some medical devices may require a prescription or authorization from a healthcare professional

• Users are responsible for ensuring they are qualified and trained to use any medical devices they purchase

• All warranties and technical support for medical devices are provided by Weber Medical GmbH as the manufacturer

USE OF FREE DOWNLOADABLE CONTENT

We may make resources on this Website accessible to users in exchange for providing an e-mail address or other contact information ("Gated Content"). We grant you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Gated Content in any manner beyond the scope of this license.

You agree that you may only use the Gated Content for your personal or internal business use. You agree that you will not sell, redistribute, or create any derivative works based upon the Gated Content and you will not offer any competing products or services based upon any information contained in the Gated Content. Any unauthorized use of the Gated Content may result in immediate termination of your license and potential legal action.

MATERIAL YOU SUBMIT TO THE WEBSITE

By posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, "Submissions"), you grant us, our affiliated companies, and any necessary sub-licensees a worldwide, non-exclusive, irrevocable, royalty-free license to use your Submission for promotional, business development, and marketing purposes including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

We claim no intellectual property rights over your Submissions. You retain copyrights and any other rights you may rightfully hold in any Submissions that you submit through the Website.

You shall not upload, post, submit, input, or otherwise make available on the Website any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Submissions are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission.

By making a Submission to the Website, you represent and warrant that:

• You own or otherwise control all the rights to your Submission described herein including the authority to use and distribute the Submission

• The use or display of the Submission as contemplated in this section will not violate any laws, rules, regulations, or rights of third parties

• Your Submission does not contain any viruses, malware, or other harmful code

• Your Submission is not fraudulent, misleading, or deceptive

You agree to hold us harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you arising from your Submissions.

You further grant us the right to use your Submission for the purpose of improving our Website, products, or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation for our use of your Submission. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgement of their source.

OUR INTELLECTUAL PROPERTY

The Website contains intellectual property owned by us, including trademarks, copyrights, proprietary information, and other intellectual property. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, audio, design, software, and packages, belonging to us or to our licensors ("IP"). You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or in part, without our prior written consent. We reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are caught violating this intellectual property policy.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website (the "Content") strictly in accordance with these Terms of Use.

As a condition of your use of the Website, you warrant that you will not use the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Content in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Content, such as text, graphics, logos, images, technical specifications, product descriptions, as well as the compilation thereof, and any software used on the Website, is our property or the property of our licensors and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.

The Content is not for resale. Your use of the Content does not entitle you to make any unauthorized use of any protected content. You agree not to delete or alter any proprietary rights or attribution notices in any Content. You will use protected content solely for your individual or internal business use and will make no other use of the Content without our express written permission or permission from the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or that of our licensors except as expressly authorized by these Terms.

The Vitality Systems name, logo, and all related names, logos, product and service names, designs, and slogans are the trademarks of Vitality Systems USA, Inc. or of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

PRODUCT AND SERVICE INFORMATION

We strive to provide accurate product and service descriptions on our Website. However, we do not warrant that product descriptions, specifications, pricing, or other content on the Website is accurate, complete, reliable, current, or error-free. If a product or service offered by us is not as described, your sole remedy is to contact us for clarification or correction.

MEDICAL DEVICE SPECIFICATIONS: Product specifications, technical details, and performance characteristics for medical devices are provided by Weber Medical GmbH as the manufacturer. While we make reasonable efforts to ensure accuracy, the official specifications and regulatory documentation from Weber Medical GmbH shall govern in case of any discrepancies.

MEDICAL DEVICE REPRESENTATIONS: Any statements regarding medical devices on this Website are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Efficacy claims are based on manufacturer documentation and applicable regulatory clearances. Individual results may vary.

REGULATORY COMPLIANCE: The medical devices we distribute are manufactured in compliance with applicable international standards. Availability of specific products may vary based on regulatory approvals in your jurisdiction. You are responsible for ensuring that any device you purchase is legally available for use in your location.

We reserve the right to modify, discontinue, or change our products, services, and pricing at any time without notice. All prices are subject to change and are valid only at the time of purchase. We reserve the right to correct any pricing errors on our Website.

ORDERS AND PAYMENT

By placing an order through our Website, you represent and warrant that:

• You are legally capable of entering into binding contracts

• All information you provide is truthful and accurate

• You will maintain the accuracy of such information

• Your use of the Website and purchase of products or services does not violate any applicable law or regulation

We reserve the right to refuse or cancel any order for any reason, including but not limited to:

• Product or service availability

• Errors in product or pricing information

• Suspected fraudulent or unauthorized transactions

• Credit issues

Payment must be received by us prior to acceptance of an order. All payments are processed securely through third-party payment processors. We do not store complete credit card information on our servers.

RETURNS AND REFUNDS FOR MEDICAL DEVICES

Due to the nature of medical devices and applicable health and safety regulations:

• Medical devices may not be returnable once opened or used, except in cases of manufacturer defect

• Returns of unopened medical devices in original packaging may be accepted within 30 days of purchase, subject to a restocking fee

• All returns are subject to inspection and approval

• Refunds will be issued to the original payment method within 10-14 business days of return approval

• Shipping costs are non-refundable unless the return is due to our error or manufacturer defect

• Custom or special-ordered medical devices are non-returnable unless defective

• Contact us at Admin@vitalitysystemsusa.com before returning any product

WARRANTY CLAIMS: Defective products covered under manufacturer warranty should be reported immediately. We will coordinate with Weber Medical GmbH to facilitate warranty service or replacement.

CHANGED TERMS

We may at any time amend these Terms, including our Privacy Policy and Disclaimers. The date of the last revision will be indicated by the "Last updated" date at the top of this page. Any such changes are effective immediately upon notice to you by us posting the new Terms on this Website. We reserve the right to update any portion of our Website, including these Terms, at any time. If you continue to use our Website after we have made revisions, your continued use constitutes consent to the revised Terms, Privacy Policy, and Disclaimers. We encourage you to review these Terms periodically.

NO WARRANTIES

While we make every effort to ensure that the content on this Website is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the content and materials on this site beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our Website and related information and services on an "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT:

• The Website will meet your specific requirements

• The Website will be uninterrupted, timely, secure, or error-free

• The results that may be obtained from the use of the Website will be accurate or reliable

• The quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations

• Any errors in the Website will be corrected

WARRANTIES FOR MEDICAL DEVICES

Medical devices distributed by Vitality Systems USA, Inc. are covered by manufacturer warranties provided by Weber Medical GmbH. We act as a distributor and are not the manufacturer of these devices. Accordingly:

All product warranties are provided by Weber Medical GmbH as the manufacturer

• Warranty terms, conditions, and duration are as specified by the manufacturer

• Warranty service and technical support are provided by or through Weber Medical GmbH

• We will assist customers in facilitating warranty claims with the manufacturer

• Warranty coverage may vary by product and is subject to the manufacturer's terms

• Warranties may be void if products are used improperly, modified, or not maintained according to manufacturer specifications

AS A DISTRIBUTOR, WE MAKE NO ADDITIONAL WARRANTIES BEYOND THOSE PROVIDED BY THE MANUFACTURER. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING MEDICAL DEVICES.

MEDICAL DEVICE LIABILITY: Vitality Systems USA, Inc. is a distributor of medical devices manufactured by Weber Medical GmbH. We are not liable for product defects, design defects, manufacturing defects, or failures of medical devices. All product liability matters related to medical device performance, safety, or efficacy are the responsibility of Weber Medical GmbH as the manufacturer. You agree that any claims related to medical device defects shall be directed to the manufacturer.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE.

ADDITIONALLY, WE ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.

IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM US, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

ADDITIONAL LIMITATIONS FOR MEDICAL DEVICES: YOU ACKNOWLEDGE AND AGREE THAT VITALITY SYSTEMS USA, INC. IS A DISTRIBUTOR, NOT THE MANUFACTURER, OF MEDICAL DEVICES. WE SHALL NOT BE LIABLE FOR ANY INJURY, DAMAGE, OR HARM RESULTING FROM THE USE OR MISUSE OF MEDICAL DEVICES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, OR CONSEQUENTIAL DAMAGES. ALL SUCH LIABILITY RESTS WITH WEBER MEDICAL GMBH AS THE MANUFACTURER. YOU AGREE TO HOLD US HARMLESS FROM ANY CLAIMS ARISING FROM THE USE OF MEDICAL DEVICES PURCHASED THROUGH OUR WEBSITE.

NO GUARANTEE OF AVAILABILITY

Your use of the Website and any associated services may sometimes be subject to interruption or delay. We reserve the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our Website or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should our Website or the resources or services supplied through our Website become unavailable, interrupted or delayed for any reason. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Information provided on the Website and any resources provided on or available for download from the Website is subject to change. We make no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the information provided.

MALICIOUS CODE

Although we endeavor to prevent the introduction of viruses or other malicious code ("malicious code") to our Website, we do not guarantee or warrant that our Website, or any data available on the Website, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our Website does not expose your computer system to the risk of interference or damage from malicious code. We recommend maintaining up-to-date antivirus software and firewalls.

SECURITY

The security of your contact information is of utmost importance to us. However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access to this Website or any outbound hyperlinks.

While we implement reasonable security measures to protect your information, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee absolute security.

THIRD-PARTY RESOURCES

The Website may contain links to external websites that are not provided by, maintained by, or in any way affiliated with us. We do not guarantee and are not responsible for the availability, accuracy, relevance, timeliness, or completeness of these external websites or any information thereon. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

We may, from time to time, provide information from a third party in the form of a guest post, interview, testimonial, or review, in written, audio, video, or other medium. We do not control the information provided by such third-party guests, are not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests. Third-party testimonials and reviews represent the opinions of those individuals and not necessarily the views of Vitality Systems USA, Inc.

INDEMNIFICATION

You shall indemnify, defend, and hold us harmless, along with our officers, directors, employees, agents, affiliates, and partners, from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, reasonable attorney's fees, arising out of:

• Your breach of any of these Terms

• Your use of the Website, its content, and any product or service purchased from the Website

• Your violation of any law or the rights of a third party

• Your Submissions or any content you post to the Website

• Your failure to maintain the confidentiality and/or security of your password or access rights to this Website and its resources

You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS; SEVERABILITY

The subject headings of the paragraphs and subparagraphs of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms is held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.

ENTIRE AGREEMENT; WAIVER

These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement between us pertaining to the Website and supersedes all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by us of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing by an authorized representative of Vitality Systems USA, Inc.

GOVERNING LAW; JURISDICTION

These Terms, together with the Privacy Policy and Disclaimers, shall be construed in accordance with, and governed by, the laws of the State of North Carolina, without regard to its conflict of law provisions, and the courts of North Carolina shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to use of this site must be filed exclusively in the appropriate courts located in Onslow County, North Carolina and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.

ALTERNATIVE DISPUTE RESOLUTION

The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures. If mediation is unsuccessful, either party may pursue other legal remedies as permitted by law.

ACCOUNT TERMINATION

We reserve the right to terminate or suspend your account and access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease.

ALL RIGHTS RESERVED

All rights not expressly granted in these Terms are reserved by us. If you do not see a usage scenario here that applies to your intended usage, please contact us at Admin@vitalitysystemsusa.com for clarification before proceeding.

CONTACT INFORMATION

The owner of this website is Vitality Systems USA, Inc. You may contact us by phone at 910.310.0496, by email at Admin@vitalitysystemsusa.com, or by mail at:

Vitality Systems USA, Inc.

315 W Railroad Street

Jacksonville, NC 28540

For questions about these Terms and Conditions, please contact us using the information provided above.