Terms of Service

Trait is a personalized nutrition brand operated by Vitality, Inc., a Delaware C-Corporation (“Trait,” “we,” “us,” or “our”). We use genetic and self-reported information to build dietary supplement formulas tailored to you. These Terms of Service (“Terms”) govern your access to and use of our website, products, and services (collectively, the “Services”).

Please read these Terms carefully, along with our Privacy Policy and Health & Genetic Disclaimer, which are incorporated into these Terms by reference. By using our Services, you agree to all three.

1. Agreement to Terms

By accessing or using any part of our Services, you (“you” or “Member”) agree to be bound by these Terms. If you do not agree to all of these Terms, you must not use our Services.

These Terms constitute a legally binding agreement between you and Vitality, Inc. If you are accessing our Services on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

2. Eligibility

Our Services are intended for adults only. You must be at least 18 years of age and have the legal capacity to enter into this agreement. Our Services are not directed to, and may not be used by, anyone under the age of 18.

We currently offer our Services only to residents of the United States and Canada. By placing an order, you confirm that your shipping address is within one of these countries.

Canadian customers: Products are shipped across the U.S.–Canada border. You are the importer of record and are responsible for any customs duties, taxes, or import fees that may apply, as well as compliance with the requirements of your province or territory. Cross-border shipments may take additional time to clear customs.

3. Wellness, Not Medical Care

Trait provides wellness and nutritional optimization based on genetic and self-reported information. Our Services are not medical advice, diagnosis, treatment, or a substitute for the care of a licensed physician. We do not practice medicine, and using our Services does not create a doctor-patient relationship between you and Trait.

Trait products are dietary supplements regulated as food under the Dietary Supplement Health and Education Act of 1994 (DSHEA). They are not drugs, and they are not intended to diagnose, treat, cure, or prevent any disease.

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

Always consult a qualified healthcare provider before starting, stopping, or changing any supplement, particularly if you have a medical condition, are taking prescription medication, or are pregnant or nursing. Never disregard professional medical advice or delay seeking it because of something you read or received through our Services. If you are experiencing a medical emergency, call 911 or your local emergency number immediately.

Please review our Health & Genetic Disclaimer for additional important information.

4. Clinical Oversight

The supplement rules and protocols that power Trait are reviewed and overseen by a licensed clinician serving as our medical director. Your individual formula is generated by Trait's proprietary rules engine, operating under that clinical oversight, from your genetic data and the health information you provide.

This oversight governs the design and safety of our protocols generally. It is not an individualized consultation, does not create a doctor-patient relationship, and does not constitute the practice of medicine with respect to you. Our medical director does not review, prescribe for, or treat individual Members. For personalized medical guidance, please consult your own healthcare provider.

5. Your Responsibilities & Assumption of Risk

Your safety depends on the accuracy of the information you give us. You agree to provide complete and accurate health information, including (where applicable) your current medications and supplements, known allergies and sensitivities, medical conditions, and pregnancy or nursing status, and to keep that information current. We rely on this information to screen your formula for safety.

You should consult your own physician before starting any supplement, and you must do so if you are pregnant or nursing, taking prescription or over-the-counter medications, or managing a medical condition. Our Services are not available to anyone under 18.

Assumption of risk. Dietary supplements carry inherent risks, including the possibility of allergic reactions, sensitivities, or interactions with medications, foods, or health conditions. By using our Services, you acknowledge and voluntarily assume these inherent risks. You agree to discontinue use and seek medical attention if you experience any adverse reaction.

6. DNA Testing & Genetic Insights

Your DNA sample is processed by our CLIA-certified, CAP-accredited diagnostic partner. The genotyping is performed solely to generate your personalized supplement formula and to present wellness insights through your member dashboard, including your formula rationale and general lifestyle and wellness traits (for example, caffeine metabolism, nutrient conversion, or taste), each drawn from peer-reviewed research.

Our genetic analysis is not clinical genetic testing. It is not diagnostic, does not screen for diseases, carrier status, or medical conditions, and must not be used to make medical decisions. The genetic insights we show you are educational wellness information, not a medical or disease-risk report. If you want clinical genetic testing or interpretation, please consult a licensed healthcare provider or certified genetic counselor.

You represent and warrant that any DNA sample you submit is your own biological sample. Submitting another person's DNA without their informed consent is prohibited and may violate federal and state law. How we handle your genetic data is described in our Privacy Policy.

7. Accounts

To use most features of our Services, you must create an account. You agree to provide accurate information, to keep your login credentials confidential, and to be responsible for all activity that occurs under your account. Notify us promptly at hello@vitalityformulas.co if you believe your account has been compromised. You may request account deletion at any time, which will also trigger deletion of your genetic data in accordance with our Privacy Policy, except where retention is required by law.

8. Membership, Subscription & Auto-Renewal

IMPORTANT: THE SUPPLEMENT SUBSCRIPTION IS AN AUTOMATICALLY RENEWING SUBSCRIPTION.

Trait offers (1) a one-time DNA kit purchase, which covers the at-home collection kit, laboratory genotyping, and panel analysis; and (2) an optional supplement subscription, billed monthly, that delivers your personalized formula on a recurring basis. Current pricing is shown at checkout before you confirm your order.

Authorization for recurring charges. If you enroll in the supplement subscription, you authorize us (through our payment processor) to charge your payment method on a recurring basis for the subscription amount disclosed at checkout, until you cancel. Your membership renews automatically at the then-current rate at the end of each 3-month term unless you cancel as described below.

Your membership is a 3-month term. This is a minimum commitment. Each term is one 90-day supply of your personalized formula, compounded to order for you individually, and paid for in three monthly instalments. When you subscribe you are committing to all three instalments of the current term, whether or not you continue afterwards. The full amount of the term, and the fact that it is a 3-month commitment, are shown to you before you confirm your order.

How billing and shipping work (they are on different schedules). You are billed monthly. Your formula is compounded and shipped as a 90-day supply every 3 months. Your first 90-day supply is made after your results are ready; each subsequent 90-day supply is produced automatically on the 3-month anniversary of your first order, and then every 3 months thereafter, at the same formula and format, unless you cancel first.

How to cancel, and the 14-day cutoff. You may cancel at any time, in one click, from your account dashboard (or by emailing hello@vitalityformulas.co). We always accept a cancellation immediately. Cancellation takes effect at the end of the 3-month term you are currently in: the remaining instalments of that term are still charged, and the 90-day supply you have already been sent is yours to finish. We do not issue refunds for a term already in progress. Because each formula is compounded to order, your cancellation must be received at least 14 days before your next 90-day supply is scheduled to be produced in order to stop that supply and end your membership at the current term. If you cancel within 14 days of a scheduled production date, that supply has already been committed to production: it will be made, shipped and billed across the following term, and your membership ends at the end of that term. Nothing after it will be made or billed. Your dashboard always shows your next scheduled supply date, the days remaining, and the exact date your membership would end if you cancelled today.

Why there is a minimum. Two reasons, both disclosed plainly. First, your formula is compounded for you alone, and a custom production run costs approximately the same to make whether it produces 30 or 90 days of supply, so a month-to-month plan would cost roughly 2.3× more per month for the identical formula. Second, the nutrient levels the formula is designed to move do not change faster than your physiology: vitamin D takes approximately 8 to 12 weeks to reach a steady level, and red blood cells take approximately 120 days to turn over. We do not offer a month-to-month plan.

Pricing changes. We will provide at least 30 days' advance notice by email before any increase to your subscription price takes effect, and you may cancel before the change applies.

Automatic renewal disclosures. These disclosures are provided in compliance with the federal Restore Online Shoppers' Confidence Act (ROSCA), the California Automatic Renewal Law (Cal. Bus. & Prof. Code §17600 et seq.), and other applicable automatic renewal laws. Before you are charged, you will be presented with a clear and conspicuous summary of the subscription terms and must affirmatively consent to the recurring charges.

9. Refunds & Returns

Because each formula is made-to-order to your individual profile, it cannot be resold or reused. For that reason:

• Custom supplements are non-refundable and non-returnable once they have been made or shipped, except where the product is defective or we made an error in fulfilling your order.
• If you receive a damaged, defective, or incorrect product, contact us within 14 days of delivery and we will replace it or issue a refund at no additional cost to you.
• DNA kits may be refunded if you request cancellation before your sample has been received and processed by the laboratory. Once the laboratory has begun processing your sample, the kit fee is non-refundable, as the testing service has been performed.

To request a refund or report a problem, email hello@vitalityformulas.co. Nothing in this section limits any non-waivable rights you may have under applicable consumer protection law.

10. Acceptable Use

You agree not to:

• Use our Services for any unlawful purpose or in violation of any applicable law
• Provide false, misleading, or fraudulent information, including submitting another person's DNA sample
• Attempt to reverse-engineer, decompile, or extract the logic of our proprietary algorithms, rules engine, or genetic panel
• Scrape, crawl, or use automated means to access our Services without our written permission
• Interfere with or disrupt the integrity or performance of our Services
• Resell, sublicense, or commercially exploit any aspect of our Services

We may suspend or terminate your access to our Services, with or without notice, for conduct that we determine violates these Terms, is harmful to other Members, or is harmful to our business. Upon termination, your right to use our Services ceases immediately.

11. Testimonials & Endorsements

Any testimonials, reviews, or endorsements displayed in our marketing reflect the individual experiences of specific Members and are not a guarantee that you will achieve the same or similar results. Individual outcomes vary based on genetics, health status, lifestyle, and other factors. Where an endorser has a material connection to Trait, such as a paid partnership, free product, or equity interest, that relationship is disclosed in accordance with the Federal Trade Commission's endorsement guides (16 CFR Part 255).

12. Intellectual Property

All content, trademarks, service marks, logos, software, algorithms, data models, and proprietary methodologies, including our SNP-to-supplement rules engine, formula generation logic, and curated genetic panel, are the exclusive property of Vitality, Inc. and are protected by U.S. and international intellectual property laws. Your membership grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Trait content or technology without our prior written consent.

Your genetic data remains yours. Our intellectual property rights do not extend to ownership of your underlying genetic data, which you continue to own and control as described in our Privacy Policy.

13. Third-Party Partners

We rely on independent third parties to deliver our Services, including a CLIA-certified diagnostic laboratory that performs genotyping and an NSF cGMP-certified facility that manufactures your supplement. While we choose our partners carefully, they are independent entities and not under our control. We are not responsible for the acts, omissions, or independent policies of these partners, and any laboratory or manufacturing services are subject to their own standards and procedures. Your relationship with payment processors and other service providers is likewise governed by their respective terms.

14. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our Services will be uninterrupted, error-free, or secure, or that any supplement will produce specific health outcomes. Individual results vary and are not guaranteed. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VITALITY, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, HEALTH OUTCOMES, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF (OR INABILITY TO USE) OUR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO TRAIT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so in those jurisdictions our liability is limited to the maximum extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Vitality, Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of our Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your provision of inaccurate or incomplete health information; or (e) your submission of a DNA sample that is not your own.

17. Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Agreement to arbitrate. You and Trait agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services (collectively, “Disputes”) will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, and not in court, except as provided below.

Class action waiver. YOU AND TRAIT AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Exceptions. Either party may bring an individual action in small claims court for Disputes within that court's jurisdiction, and either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights.

Opt-out. You may opt out of this arbitration agreement by sending written notice to hello@vitalityformulas.co within 30 days of first accepting these Terms. Your notice must include your full name, the email address on your account, and a clear statement that you wish to opt out of arbitration.

Process. The arbitration will be conducted in English. The seat of arbitration shall be Wilmington, Delaware, or may be conducted remotely by mutual agreement. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

18. Governing Law & Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. For any Dispute not subject to arbitration under Section 17, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in New Castle County, Delaware.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

20. Changes to These Terms

We may modify these Terms from time to time. We will provide notice of material changes by updating the “Last updated” date above and by sending notice to the email address associated with your account at least 30 days before material changes take effect. Your continued use of our Services after the effective date constitutes your acceptance of the revised Terms.

21. Contact

If you have questions about these Terms of Service, please contact:

Vitality, Inc.
Attn: Legal (Trait)
Austin, TX
Email: hello@vitalityformulas.co