Terms of Use
These Terms of Use ("Terms") govern your use of vitalishealth.ai and the Vitalis mobile and web applications (together, the "Services"), provided by Vitalis Health, Inc. ("Vitalis", "we", "us"). By using the Services you agree to these Terms. If you do not agree, please do not use the Services.
Not medical advice
Vitalis is not a substitute for professional medical advice, diagnosis, or treatment. The Services provide information and analysis to support your understanding of your own data. They do not practice medicine and do not replace the judgment of a qualified health provider. Always seek the advice of a physician or other qualified provider with any question about a medical condition, and never disregard or delay seeking that advice because of something you read in the Services.
The Services are not an emergency service. If you think you may have a medical emergency, call your local emergency number or go to the nearest emergency department immediately.
Eligibility and your account
You must be at least 18 years old to create an account, or the age of majority where you live if that is higher. You are responsible for the accuracy of the information in your account and for keeping your credentials secure. Tell us promptly if you believe your account has been used without your authorization.
Acceptable use
You agree not to:
- Use the Services in violation of any law or regulation
- Access another person's data without authorization, or attempt to
- Interfere with, disrupt, or place undue load on the Services
- Reverse engineer or attempt to derive the source code of the Services, except where that restriction is prohibited by law
- Attempt to re-identify de-identified data
- Use the Services to provide medical care in a way that is inconsistent with applicable professional or legal standards
Your data
You retain your rights in the health and personal data you provide or connect. You grant Vitalis the permission needed to process that data in order to provide the Services to you, as described in our Privacy Policy, which is incorporated into these Terms.
Our intellectual property
The Services, including the software, models, designs, and the Vitalis name and marks, are owned by Vitalis and protected by intellectual property law. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for their intended purpose. No other rights are granted.
Third-party services and devices
The Services may connect to devices, platforms, and services operated by others. We do not control those and are not responsible for their availability, accuracy, or their handling of your data under their own terms and policies.
Availability and changes
We may modify, suspend, or discontinue any part of the Services. We will give reasonable notice of a material change where we can. We may also update these Terms; if we do, we will update the date above, and material changes will be notified before they take effect. Continuing to use the Services after that means you accept the updated Terms.
Disclaimers
To the fullest extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, or that any analysis, forecast, or insight will be accurate or complete.
Limitation of liability
To the fullest extent permitted by law, Vitalis will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising out of or relating to your use of the Services. Our total liability for any claim relating to the Services will not exceed the greater of the amount you paid us in the twelve months before the claim arose, or one hundred U.S. dollars.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.
Indemnity
You agree to indemnify and hold Vitalis harmless from claims arising out of your misuse of the Services or your violation of these Terms or of applicable law.
Termination
You may stop using the Services and close your account at any time. We may suspend or terminate access if you breach these Terms or if we are required to do so by law. The sections that by their nature should survive termination will survive it.
Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. The state and federal courts located in California will have exclusive jurisdiction over any dispute arising out of these Terms, and you and Vitalis consent to that jurisdiction.
Contact
Questions about these Terms: privacy@vitalishealth.ai