Terms of Use

Welcome to Vita!

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These general terms and conditions (“Terms”) apply to Vita’s mobile applications and/or websites. The App(s)/Website(s) Services allow you to request services from Professionals or directly from Vita. These services are provided or made available under the Vita brand. For more information, please visit this page.
For Professional Services, you enter into a contract directly with the Professionals, and Vita acts as a technological intermediary platform enabling you to request and receive these services. For services provided by Professionals operating in the home services sector and using Vita's websites/applications, Vita, as a booking center, guarantees their proper execution under the conditions outlined in these Terms.

For Services Provided by Vita, you may be required to accept separate terms that govern your use of these services.

Please read these Terms carefully. They contain information about the services, your rights, and other important details.

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ABOUT US

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We are Vita, a limited liability company based in Paris, France. You can contact us at Contact@boardvita.com.

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DEFINITIONS

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The "Community Guidelines" define expectations for all users of the App(s)/Website(s). The latest version of the Community Guidelines is available on the website. The applicable version of the Community Guidelines is the one in effect at the time of your acceptance of these Terms.

“Professionals” are independent third parties, including home service providers, who use Vita’s mobile applications and/or websites.

“Professional Services” include, among others, services in the home service field, such as hairdressing, massage, photography, etc., provided to you by independent Professionals. These services are made available to you through the App(s)/Website(s) Services as defined below.

"Vita" refers to Vita SA or one of its subsidiaries or affiliates ("we" or "our").

"Vita Brands" refers to Vita’s trademarks.

“Services Provided by Vita” refers to services directly provided by Vita, which may be subject to separate terms. These services may include, in particular, booking and matchmaking services with Professionals.

"Vita Names, Brands, or Works" refers to company names, logos, product or service names, trademarks, service marks, trade dress, other proprietary signs, or copyrights owned by Vita or its licensors.

TERMS

1. Summary

1.1. These terms and conditions govern your use of Vita’s mobile applications and/or websites (“Terms”). You must carefully read and accept these Terms before creating your customer account through Vita’s mobile applications and/or websites, as account creation is a mandatory prerequisite for requesting Services Provided by Vita or Professional Services. Your acceptance of these Terms establishes a contractual relationship between you and Vita. These Terms expressly replace any prior agreements or arrangements between you and Vita regarding the App(s)/Website(s) Services (as defined below).

1.2. These Terms apply as long as they do not conflict with any specific terms of use or additional terms that may specifically apply to Vita’s mobile applications and/or websites. You will be required to separately accept such terms if applicable.

1.3. Vita acts as a technological intermediary platform for Professional Services and as a service provider for Services Provided by Vita (see Article 4 below). When Professional Services are accessible via Vita’s mobile applications and/or websites, Vita ensures, under the conditions provided in Article 14 of these Terms, the proper execution of said Professional Services by the Professionals.

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2. App(s)/Website(s) Services

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2.1. The services provided to you by Vita include:
2.1.1. Access to and use of Vita’s mobile applications and/or websites that allow you to request and receive Professional Services and/or Services Provided by Vita.
2.1.2. Payment collection and processing services (including the issuance of invoices and receipts on behalf of Professionals) enabling us to charge you and transfer the amounts paid to the bank accounts of Professionals for Professional Services or to Vita’s bank account for Services Provided by Vita (Vita may have these services performed on its behalf by affiliates or third parties) (collectively, the “App(s)/Website(s) Services”).

2.2. These Terms govern your use of the App(s)/Website(s) Services in France.

2.3. Vita’s applications and/or websites will be made available to you under various Vita Brands.

2.4. Unless otherwise agreed in writing, the App(s)/Website(s) Services are provided solely for your personal and non-commercial use.

2.5. You can request and receive Professional Services or Services Provided by Vita through Vita’s mobile applications and/or websites.

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3. Professional Services

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3.1. For Professional Services, Vita acts as a technological intermediary platform between you and Professionals to enable the provision of Professional Services. Vita does not provide Professional Services. All Professionals are independent third-party contractors, business entities, or other types of enterprises and are not employees of Vita.

3.2. When you are online and near Professionals who are also connected to Vita’s mobile applications and/or websites, you will receive information about Professional Services through the applications or websites before deciding to make a request.

3.3. To the extent permitted by law, Professionals (for Professional Services) and Vita (for Services Provided by Vita) are free to accept or decline a request.

3.4. For certain Professional Services, you may be required to accept separate terms and conditions before using these services.

3.5. You may be asked to rate the Professional whose services you requested. Professionals will see their ratings on Vita’s applications and/or websites, and these ratings will be publicly visible on their Vita profile. For more information about ratings, please consult our Community Guidelines.

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4. Services Provided by Vita

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For Services Provided by Vita, Vita acts as a service provider. The specific terms governing Services Provided by Vita will be stipulated in additional terms or a separate agreement.

 

5. Using App(s)/Website(s) Services

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5.1. Vita’s mobile applications and/or websites can be downloaded or accessed on most modern mobile devices with an internet connection and equipped with widely used operating systems such as Android or iOS.

5.2. It is your responsibility to obtain the necessary network access to use the App(s)/Website(s) Services. All tariffs and fees charged by your mobile network provider, including data fees related to the use of Vita’s mobile applications and/or websites, are your responsibility.

5.3. To use the App(s)/Website(s) Services, you must register with Vita’s mobile applications and/or websites and create an account. At the time of registration, you must be 18 years old or the legal age of majority in the country where you register if different from 18, unless the terms governing the specific Professional Service or Service Provided by Vita impose different age requirements.

5.4. You must provide certain personal information to register, including your phone number and email address. To use the App(s)/Website(s) Services, Services Provided by Vita, or certain Professional Services, you may be required to provide at least one valid payment method (credit card, debit card, or any other accepted payment method).

5.5. You are not required to log in or use Vita’s mobile applications and/or websites, and neither are Professionals. If you choose to stop using the applications or websites, you can do so without notifying us.

5.6. We may temporarily restrict your access to and use of the App(s)/Website(s) Services in the event of serious indications of a violation of your obligations outlined in Articles 5 ("Using App(s)/Website(s) Services"), 7 ("Your Obligations"), 8 ("Fees and Payment"), and 11 ("Intellectual Property") of these Terms. This restriction includes cases where we receive a complaint related to fraudulent activity and will remain in place for the time necessary to verify information regarding the alleged violation, not exceeding three (3) months. Vita will inform you of any ongoing claim and, if applicable, that your access to the App(s)/Website(s) Services has been temporarily restricted, unless legally prohibited from doing so (e.g., in the case of a police investigation or judicial proceedings). Vita will also inform you when the restrictions are lifted.

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6. Recommendation Systems

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When using the App(s)/Website(s) Services, we may recommend certain Third-Party Services and/or Services Provided by Vita that we deem relevant and potentially of interest to you. These recommendations may include professionals (e.g., specialists in a specific field), services (e.g., consultations, training), or products (e.g., wellness tools). Recommendations depend on several factors, including:

6.1. History and Preferences: Recommendations are based on your usage history and preferences inferred from it (e.g., types of services you have searched for or used previously). If your history is limited, we may recommend popular options or general trends.

6.2. Location: Your location or the address provided for certain services helps us recommend nearby professionals or services that better suit your needs.

6.3. Previous Experience: Your feedback and ratings of previously used services may influence the recommendations you receive. For example, if you left positive reviews for a certain type of service, we are more likely to recommend similar services in the future.

6.4. Contextual Factors: Recommendations may vary depending on the time and day of the week, as these factors can influence the relevance of the proposed services (e.g., services related to events or consultations during periods of high demand).

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7. Your Obligations

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7.1. When using the App(s)/Website(s) Services, you must comply with all applicable laws. You may only use the App(s)/Website(s) Services for lawful purposes and in accordance with their intended purpose as described in these Terms. Misuse or fraudulent use of Vita’s mobile applications and/or websites is strictly prohibited. For more details, please refer to our Community Guidelines.

7.2. You must provide accurate and complete information when registering your account and during your use of the App(s)/Website(s) Services.

7.3. Your account is personal and cannot be rented or shared, except with Vita’s explicit permission. You must not:

• Create more than one account unless explicitly authorized by us;

• Allow third parties to use your account or transfer your account to another party;

• Disclose your confidential login details;

• Fail to inform us immediately if you suspect unauthorized use of your account.

7.4. You will be responsible for all fees associated with Third-Party Services or Services Provided by Vita requested via your account unless due to force majeure or our failure to meet security obligations. In the event of card theft or fraudulent activity, you must inform your bank immediately.

7.5. Ensure that your use of the App(s)/Website(s) Services does not cause harm, nuisance, or material damage to Vita, professionals, or any other person.

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8. Fees and Payment

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8.1. Fees Related to App(s)/Website(s) Services
8.1.1. You will not be charged for using the App(s)/Website(s) Services. However, we reserve the right to introduce usage fees subject to your prior express consent. Without consent, you will no longer be able to access the App(s)/Website(s) Services.

8.1.2. For certain service purchases via Vita’s applications or website, you may be charged for using the App(s)/Website(s) Services. The cost of these services will be disclosed before you complete your purchase.

8.1.3. Specific features on Vita’s mobile applications and/or websites may be offered and charged with your prior express consent. Without consent, access to these features will not be granted.

8.2. Fees for Third-Party and Vita Services
8.2.1. By requesting a service through Vita’s applications or website, you agree to pay applicable fees. You will be responsible for all fees related to your account as described above. Professionals have the freedom to set their service prices.

8.2.2. Depending on the service used and its location, the total amount of fees may be calculated and displayed before confirmation. An estimated fee may also be provided as an indication.

8.2.3. Additional charges or penalties may apply for specific reasons, such as misuse of services or for repair or cleaning fees.

8.2.4. You may request the Professional to charge a lower fee for the services provided. The Professional or Vita, if authorized, will respond to this request based on the situation.

8.2.5. If services cannot be provided due to your actions or inaction, and attempts to contact you have been unsuccessful, you may be charged the applicable fees unless you provide a valid justification.

8.2.6. After the provision of services, an invoice may be issued directly or on behalf of the Professional. This invoice will include VAT, where applicable.

8.3. General
8.3.1. For more information on fees, penalties, and additional charges for each specific service, please consult the support section of Vita’s applications and/or websites.

8.3.2. Fees may change, and such changes will apply to you subject to your prior agreement. Without consent, you will no longer be able to use the App(s)/Website(s) Services.

8.3.3. Fees do not include tips. You may leave tips directly or via Vita’s applications and/or websites. We will collect tips and forward them to the recipients.

8.3.4. All fees are due immediately upon request and will be charged to the payment method linked to your account. A receipt will be sent via email upon payment. If your primary payment method is unavailable, a secondary method will be used if available. If no payment method is available, we will continue to attempt to recover the payment.

8.3.5. Fees are inclusive of all taxes, including VAT.

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9. Cancellation

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9.1. Unless otherwise stated below and except for non-perishable items, in some cases, you do not have the right to cancel requests for Third-Party Services or Services Provided by Vita once they have been accepted. However, for certain Third-Party Services, Vita or the Third-Party Provider may allow you to cancel the request, but cancellation fees may apply.

9.2. Refer to Vita’s Cancellation Policy. If you purchase a non-perishable item from a Third-Party Provider, you may exercise your right to withdraw from the order with that Provider.

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10. License

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Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable license, which cannot be sublicensed, to install and/or use Vita’s mobile applications and/or websites on your device solely for your personal use and only to access and utilize the information made available through Vita’s mobile applications and/or websites. All rights not expressly granted herein are reserved by Vita and Vita’s licensors.

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11. Intellectual Property

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We reserve all rights not expressly granted in these Terms. Our App(s)/Website(s) Services, devices, and all data collected through Vita’s mobile applications and/or websites (including all intellectual property rights therein) remain our property or that of our licensors. You must not (and must not permit others to):
(a) License, sublicense, copy, modify, distribute, create, sell, resell, assign, or lease any part of Vita’s mobile applications and/or websites;
(b) Reverse engineer or attempt to extract the source code of Vita’s mobile applications and/or websites, except as permitted by law;
(c) Launch or cause to launch any program or script for the purpose of scraping, indexing, surveying, or extracting data from any part of Vita’s applications and/or websites;
(d) Use, display, or manipulate any Vita Name, Brand, or Work for any purpose other than using Vita’s mobile applications and/or services;
(e) Create or register (i) companies, (ii) URLs, (iii) domain names, (iv) software application names, or (v) social media profiles that contain Vita Names, Brands, or Works, or any similar or confusingly similar name, brand, or work;
(f) Use Vita Names, Brands, or Works as the image or wallpaper for your social media profile;
(g) Purchase keywords (e.g., Google AdWords) containing Vita Names, Brands, or Works; or
(h) Register, reference, use, copy, and/or claim ownership of Vita Names, Brands, or Works or any other similar or confusingly similar name, brand, title, or work in any way, unless authorized by the limited license granted above.

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12. Personal Data

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We collect, use, and disclose information from or about you as outlined in our Privacy Policy. Additional privacy statements may apply, including those of third-party data controllers, for Services Provided by Vita or Third-Party Services.

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13. Your Responsibilities

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You are responsible for any damages resulting from your violation of these Terms, your misuse of the App(s)/Website(s) Services, or your breach of any legal provisions or third-party rights. It is your responsibility to create and retain copies of the data available in your account that you require (e.g., invoices).

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14. Disclaimer of Liability

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The App(s)/Website(s) Services may be subject to limitations, delays, and/or other issues arising from the use of the internet and electronic communications provided by third-party providers, unforeseeable and unavoidable acts of third parties, or the occurrence of force majeure events. The App(s)/Website(s) Services may experience interruptions due to maintenance, which may impact your use of the services. You will be informed of such interruptions where applicable.

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15. Limitation of Liability

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15.1. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence or fraud, nor does it affect your consumer rights.

15.2. If you act as a consumer, your contractual liability cannot be held for unforeseeable damages at the time the contract was concluded, arising from the use of the App(s)/Website(s) Services.

15.3. For all users of the App(s)/Website(s) Services who are not acting as consumers, we shall not be held liable for indirect damages, including:
(i) Loss of profits;
(ii) Loss of revenue;
(iii) Loss of agreements or contracts;
(iv) Loss of anticipated savings;
(v) Loss of data or information;
(vi) Loss of goodwill.

15.4. We are not responsible for delays or failures caused by a force majeure event.

15.5. For users of the App(s)/Website(s) Services not acting as consumers, our total liability to you for using Vita’s mobile applications and/or websites (notwithstanding any other agreement where liability is governed by separate terms) will be limited to five hundred euros (€500). Furthermore, we disclaim all warranties and shall not be held liable for any act or omission by you or any third party.

15.6. Vita guarantees the proper performance of the App(s)/Website(s) Services towards consumers. Third-Party Providers must comply with the obligations arising from the provision of Third-Party Services, including quality and suitability. Consumers are reminded that when it comes to Third-Party Services, they enter into a contract directly with the Third-Party Provider.

15.7. For transportation services provided by Third-Party Providers operating in the private passenger transport sector and using Vita’s mobile applications and/or websites, Vita is jointly responsible with the Third-Party Provider for the proper execution of transportation obligations performed in France following a booking made through the App(s)/Website(s) Services, under the conditions set forth in Title IV of the French Transport Code concerning matchmaking activities. It is also emphasized that Vita does not provide transportation services but acts as a "booking platform" under applicable French law.

15.8. Vita’s liability shall not be engaged in whole or in part in cases of non-performance or poor performance of services if such non-performance or poor performance is attributable to you, results from an unforeseeable and unavoidable act of a third party unrelated to the provision of services, or is due to a force majeure event.

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16. Termination

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16.1. You are free to stop using the App(s)/Website(s) Services at any time (if applicable), and you can terminate these Terms and the App(s)/Website(s) Services by closing your account.

16.2. We may terminate these Terms and your access to the App(s)/Website(s) Services by providing you with prior written notice within a reasonable period if you fail to comply with your obligations under Articles 5 ("Using App(s)/Website(s) Services"), 7 ("Your Obligations"), 8 ("Fees and Payment"), or 9 ("Intellectual Property") of these Terms. For urgent security reasons related to user protection, such as receiving a criminal complaint or in the event of a verified or suspected crime, we may terminate these Terms and your access to the App(s)/Website(s) Services with immediate effect.

16.3. Upon receiving the termination notice, you may contact us to submit observations and complaints. Vita will restore your access to the App(s)/Website(s) Services if you prove that the violation of your obligations was due to a third-party force majeure event or force majeure itself.

16.4. Vita may terminate these Terms or suspend the App(s)/Website(s) Services for a duration necessary to verify information related to violations of law, these Terms, or the Community Guidelines, by providing you with prior written notice within a reasonable period.

16.5. If we cannot debit your designated payment method for fees you owe us, we will notify you immediately in writing and may suspend or revoke your access to the App(s)/Website(s) Services until the payment is made. You may update your payment information or provide observations and evidence to demonstrate that your payment obligation was affected by a force majeure event. Upon receipt of overdue payment, your access to the App(s)/Website(s) Services will be restored.

16.6. You must promptly pay all outstanding fees owed to Third-Party Providers or Vita upon termination. These fees remain due regardless of the termination of these Terms, and we reserve the right to pursue payment afterward.

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17. General

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17.1. Vita reserves the right to amend these Terms. We will notify you of these changes by email within a reasonable timeframe before they come into effect. You will be bound by these changes once you accept them in Vita’s mobile applications and/or websites or via email, as applicable. If you disagree with the changes, you are free to close your account as outlined in Section 16.1.

17.2. If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions will remain in effect. If you use the App(s)/Website(s) Services as a consumer, the validity and enforceability of the remaining clauses will be decided by the court that invalidated the provision. Any invalid, illegal, or unenforceable clause will be considered deleted.

17.3. We may assign, subcontract, or transfer these Terms or any of our rights or obligations under them, in whole or in part, without your prior consent, provided that this does not reduce your rights under these Terms or applicable law. You may not assign, subcontract, or transfer these Terms or any of your rights or obligations, as your use of Vita’s mobile applications and/or websites is personal unless otherwise agreed.

17.4. These Terms, along with any additional agreements regarding the provision of the App(s)/Website(s) Services, constitute the entire agreement between us and replace any prior agreements related to your access to and use of the App(s)/Website(s) Services.

17.5. You may be required to accept additional terms to access or use certain App(s)/Website(s) Services. In the event of a conflict between these Terms and a separate agreement, the latter will prevail unless otherwise specified.

17.6. No third party benefits from these Terms unless expressly stated.

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18. Reporting Content

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If you use Vita’s Services, you can report any content displayed on Vita’s mobile application and/or website that you consider illegal by using the dedicated online form accessible via Vita’s help page. We will inform you in writing as soon as possible upon receiving your report and will notify you of the decision made regarding it. If you wish, you can contest this decision by responding directly to the written notification of the decision, which we will send via Vita’s help page.

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19. Dispute Resolution

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19.1. Vita provides a customer service system to address most of your questions or concerns regarding the use of the App(s)/Website(s) Services. However, the distance sales contract for Third-Party Services is entered into directly between the Third-Party Provider and you. Consequently, any disputes regarding Third-Party Services must be resolved directly between the Third-Party Provider and you.

19.2. Vita may offer consumers access to a mediation system for consumer disputes related to the App(s)/Website(s) Services or these Terms to achieve an amicable resolution. Under the French Consumer Code, for any contractual dispute concerning the use of the App(s)/Website(s) Services in France that could not be resolved through Vita’s customer service, the consumer may, without this mediation being a prerequisite to legal action, refer the matter to the following mediator free of charge:
Association Nationale des Médiateurs (ANM)

• Address: 62 rue Tiquetonne, 75002 Paris, France

• Email: Complete the online referral form at https://www.anm-conso.com

Eligible consumers may also file complaints regarding our Services or these Terms via the European Commission’s online dispute resolution platform, available here, in accordance with Regulation (EU) No. 524/2013 of May 21, 2013. Vita does not commit to using the online dispute resolution platform to resolve consumer disputes.

Governing Law and Jurisdiction

These Terms will be exclusively governed by and construed in accordance with Dutch law, excluding its conflict of laws provisions, unless consumer protection regulations in your country of residence provide more favorable terms, in which case those provisions will apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

You may file a legal claim related to the Services before a competent Dutch court. If you reside in the EU, you may also file a claim in the competent court of your country of residence. If you reside in the EU, we may only bring a claim against you in your country of residence, except if you act as a professional, in which case you agree to submit to the exclusive jurisdiction of Dutch courts.