VitaTrax, LLC Terms of Services 

These Terms of Service apply to the interactions VitaTrax, LLC has with you when using VitaTrax, LLC products. 

  1. Products Provided by your Organization—Notice to End Users 

If you use a VitaTrax, LLC product with an account provided by an organization you are affiliated with, that organization can access and process your data, including the interaction data, diagnostic data, and the contents of your communications and files associated with your VitaTrax, LLC product and product accounts. 

  1. VitaTrax, LLC Account 

With a VitaTrax, LLC account, you can sign in to VitaTrax, LLC products, as well as those of select VitaTrax, LLC partners. Personal data associated with your VitaTrax, LLC account includes credentials, name and contact data, payment data, device and usage data. Signing in to your VitaTrax, LLC account enables personalization and consistent experiences across products and devices, and permits you to use cloud data storage, and enables other features. 

  1. Collection of Data from Children 

For users under the age of 13 or as specified by law in their jurisdiction, certain VitaTrax, LLC products and services will either block users under that age or will ask them to obtain consent or authorization from a parent or guardian before they can use it, including when creating an account to access VitaTrax, LLC services. We will not knowingly ask children under that age to provide more data than is required to provide for the product. 

  1. Artificial Intelligence and VitaTrax, LLC 

VitaTrax, LLC may use the power of artificial intelligence (AI) in many of our products and services, including by incorporating generative AI features. VitaTrax, LLC’s deployment and use of data in developing and deploying AI features is consistent with commitments outlined in this privacy statement. Product-specific details provide additional relevant information. 

  1. Using the Services & Support 

You’ll need a VitaTrax, LLC account to access many of the Services. Your VitaTrax, LLC account lets you sign in to products, websites and services provided by VitaTrax, LLC and some VitaTrax, LLC partners. You agree not to use any false, inaccurate or misleading information when signing up for your VitaTrax, LLC account.  If you received your VitaTrax, LLC account from a third party, the third party may have additional rights over your account, like the ability to access or delete your VitaTrax, LLC account. Please review any additional terms the third party provided you, as VitaTrax, LLC has no responsibility regarding these additional terms.  You cannot transfer your VitaTrax, LLC account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your VitaTrax, LLC account. 

  1. Closing Your Account 

You can cancel specific Services or close your VitaTrax, LLC account at any time and for any reason. To close your VitaTrax, LLC account, please send an email to cancel@VitaTrax, LLC.co Any unpaid licensing fees will be paid in accordance with pay schedule outlined in these terms of service.  

  1. Data Plans 

To use many of the Services, you’ll need an internet connection and/or data/cellular plan.  You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you. 

  1. Code of Conduct 

You are accountable for your conduct and content when using the Services. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules: 

  1. Don’t do anything illegal, or try to generate or share content that is illegal. 
  1. Don’t engage in any activity that exploits, harms, or threatens to harm children. 
  1. Don’t send spam or engage in phishing, or try to generate or distribute malware.  
  1. Don’t publicly display or use the Services to generate or share inappropriate content or material. 
  1. Don’t engage in activity that is fraudulent, false or misleading  
  1. Don’t circumvent any restrictions on access to, usage, or availability of the Services. 
  1. Don’t engage in activity that is harmful to you, the Services, or others. 
  1. Don’t violate or infringe upon the rights of others. 
  1. Don’t engage in activity that violates the privacy of others. 
  1. Terms and Termination 
  1. Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them. 
  1. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. Taxes are calculated based on your location at the time your VitaTrax, LLC account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location. 
  1. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the VitaTrax, LLC portal.Additionally, you agree to permit VitaTrax, LLC to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account. 
  1. Billing. By providing VitaTrax, LLC with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize VitaTrax, LLC to charge you for the Services or available content using your payment method; and (iii) authorize VitaTrax, LLC to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you on a recurring basis for subscription services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed. 
  1. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly) you agree that you are authorizing recurring payments, and payments will be made to VitaTrax, LLC by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by VitaTrax, LLC. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing VitaTrax, LLC to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments)(collectively, “Electronic Payments”). If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, VitaTrax, LLC or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment. 
  1. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term. 
  1. Bank Account Payment Method. You may register an eligible bank account with your VitaTrax, LLC account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a United States-based financial institution that supports automated clearing house (“ACH”) entries,a European financial institution that supports Single Euro Payments Area (“SEPA”) or “iDEAL” in the Netherlands).Terms you agreed to when adding your bank account as a payment method in your VitaTrax, LLC account (e.g., the “mandate” in the case of SEPA) also apply. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize VitaTrax, LLC (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your VitaTrax, LLC account. Contact customer support as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms. 
  1. Productivity and Communications Products 

Productivity and communications products are applications, software, and services you can use to create, store, and share documents, as well as communicate with others. 

  1. Choice of Law and Place to Resolve Disputes 

If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts Atlanta, Georgia for all disputes arising out of or relating to these Terms or the Services that are not heard in arbitration or small claims court. 

  1. Warranties 

VitaTrax, LLC, and our affiliates, resellers, distributors, and vendors, make no warranties, express or implied, guarantees or conditions with respect to your use of the services. You understand that use of the services is at your own risk and that we provide the services on an “as is” basis “with all faults” and “as available.” you bear the entire risk of using the Services.  VitaTrax, LLC doesn’t guarantee the accuracy or timeliness of the services. to the extent permitted under your local law, we exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, Non-Infringement. You may have certain rights under your local law. Nothing in these terms is intended to affect those rights, if they are applicable. you acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the services will be uninterrupted, timely, secure, or error-free or that content loss won’t occur, nor do we guarantee any connection to or transmission from the computer networks. 

  1. Limitation of Liability 

Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from VitaTrax, LLC or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred. You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services. 

  1. Binding Arbitration and Class Action Waiver 

Binding Arbitration and Class Action Waiver: If You Live In (or, If a Business, Your Principal Place of Business Is In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days, upon receipt of a Notice of Dispute, to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.”We,” “our,” and “us” includes VitaTrax, LLC and VitaTrax, LLC’s affiliates. 

  1. Disputes Covered—Everything Except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your VitaTrax, LLC account, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights. 
  1. Send a Notice of Dispute Before Arbitration. If you have a dispute that our customer service representatives can’t resolve and you wish to pursue arbitration, you must first send an individualized Notice of Dispute to VitaTrax, LLC LLC, ATTN: CELA Arbitration, 1042 Centre Ste 101 Richmond, KY 40475, U.S.A., or submit the form electronically. The Notice of Dispute form is available here. Complete that form in full, with all the information it requires. We’ll do the same if we have a dispute with you. This Notice of Dispute is a prerequisite to initiating any arbitration. Any applicable statute of limitations will be tolled from the date of a properly submitted individualized Notice of Dispute through the first date on which an arbitration may properly be filed under this section 14. 
  1. Small Claims Court Option. Instead of sending a Notice of Dispute, either you or we may sue the other party in small claims court seeking only individualized relief, so long as the action meets the small claims court’s requirements and remains an individual action seeking individualized relief. The small claims court must be in your county of residence (or, if a business, your principal place of business). 
  1. Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is less than $75,000 whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. Section 15 and these Terms govern to the extent they conflict with any applicable AAA rules. To initiate an arbitration, submit the Demand for Arbitration form available here to the AAA and mail a copy to us at VitaTrax, LLC 1042 Centre Dr., Suite 101 Richmond, KY 40475. The form must contain information that is specific to you and your claim. In a dispute involving $25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business). The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim, but not relief that would affect nonparties. The arbitrator rules on all issues except that a court has exclusive authority: 
  1. to decide arbitrability, as well as formation, existence, scope, validity, and enforceability of this arbitration agreement; 
  1. to decide whether the parties have complied with the pre-arbitration requirements (including the individualized Notice of Dispute and Demand for Arbitration forms); 
  1. to enforce the prohibition on class, representative, private attorney-general, or combined actions or proceedings, or public injunctive relief; and 
  1. to enjoin an arbitration from proceeding if it does not comply with this section 14. If your Notice of Dispute involves claims similar to those of at least 24 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be “Related Cases.” Related Cases may only be filed in batches of up to 50 individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: 
  1. for the first batch, each side may select up to 25 of these Related Cases to be filed and resolved in individual arbitrations under this section 14;  
  1. none of the other Related Cases may be filed or prosecuted in arbitration until the first batch of up to 50 individual arbitrations is resolved; and  
  1. if, after that first batch, the parties are unable to informally resolve the remaining Related Cases, a second batch of Related Cases may be filed, where each side may select up to 25 of the Related Cases to be resolved in individual arbitrations under this section 14. This process of batched individual arbitrations will continue until the parties resolve all Related Cases informally or through individual arbitrations. A court has exclusive authority to enforce this paragraph, including whether it applies to a given set of claims, and to enjoin the filing or prosecution of arbitrations that do not comply with this paragraph. 
  1. Arbitration Fees and Payments 

Disputes Involving Less Than $75,000. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses if: 

  1. the dispute involves less than $75,000; and before initiating arbitration you complied with all pre-arbitration requirements in this section 15, including, if applicable, the Related Cases paragraph. Otherwise, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. If, at the conclusion of the arbitration, the arbitrator awards you more than our last written offer made before the arbitrator was appointed, we will: pay you (i) the amount of the award or $1,000 (whichever is more); and; (ii) for any reasonable attorney’s fees you incurred; and any reasonable expenses (including expert witness fees and costs) that your attorney accrued in connection with your individual arbitration. 
  1. Disputes Involving $75,000 or More. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. 
  1. Rejecting Future Arbitration Changes. You may reject any change we make to section 14 (except address changes) by personally signing and sending us notice within 30 days of the change by U.S. Mail to the address in section 14.b. If you do, the most recent version of section 14 before the change you rejected will apply. 
  1. Severability. If, after exhaustion of all appeals, a court finds any part of this section 14 unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). Otherwise, if any other part of section 14 is found to be unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins). 
  1. Miscellaneous 

This section, and section 9 (for amounts incurred before the end of these Terms), 10, 11, 12, 13, 14 and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and VitaTrax, LLC for your use of the Services. It supersedes any prior agreements between you and VitaTrax, LLC regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won’t change. Section 14.g says what happens if parts of section 15 (arbitration and class action waiver) are found to be unenforceable. Section 14.g prevails over this section if inconsistent with it. Except for section 15 (arbitration and class action waiver) these Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for VitaTrax, LLC’s successors and assigns. 

  1. Service Notifications 

When there’s something we need to tell you about a Service you use, we’ll send you Service notifications. If you gave us your email address or phone number in connection with your VitaTrax, LLC account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number and verifying your purchases. We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS. 

  1. Updates to the Services or Software, and Changes to These Terms 

We may change these Terms at any time, and we’ll tell you when we do. Using the    Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services and close your VitaTrax, LLC account and, if you are a parent or guardian, help your minor child close his or her VitaTrax, LLC account. Sometimes you’ll need software updates to keep using the Services. We may    automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. VitaTrax, LLC isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content or other products. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods, or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work. 

  1. Chat Products 

Chat products connect you with information and intelligently sense, process, and act on information—learning and adapting over time. 

  1. Canceling of Services 

You may cancel a Service at any time, with or without cause. Any unpaid licensing or subscription fees will be due. To cancel a Service please send an email to cancel@VitaTrax, LLC.co 

  1. User Data and Records 

All information received by or disclosed to VitaTrax, LLC under this Agreement shall be protected by VitaTrax, LLC in accordance with all applicable law, including without limitation HIPAA and all regulations promulgated thereunder. VitaTrax, LLC and Subscriber acknowledge that Protected Health Information (PHI) is owned exclusively by patients. Notwithstanding anything to the contrary in this Agreement, the parties acknowledge that the privacy rights and obligations shall be governed by VitaTrax, LLC’s published Terms of Use and Privacy Policy (available at www.VitaTrax, LLC.co) 

  1. Your Content 

Many of our services allow you to create, store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains yours and you are responsible for it. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content for the purpose that you made Your Content available on the Services without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. VitaTrax, LLC cannot be held responsible for Your Content or the material others upload, store or share using the Services. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve VitaTrax, LLC products and services, you grant to VitaTrax, LLC a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools.  If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. 

VitaTrax, LLC, LLC software licensing fee 

Service Fee 
 Software License to VitaTrax, LLC  $30.00 Per Patient Per Month