Vitatrax Terms of Service
These Terms of Service apply to the interactions VitaTrax has with you when using VitaTrax products.
Products provided by your organization—notice to end users
If you use a VitaTrax 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 product and product accounts.
VitaTrax account
With a VitaTrax account, you can sign in to VitaTrax products, as well as those of select VitaTrax partners. Personal data associated with your VitaTrax account includes credentials, name and contact data, payment data, device and usage data, your contacts, information about your activities, and your interests and favorites. Signing in to your VitaTrax account enables personalization and consistent experiences across products and devices, permits you to use cloud data storage, and enables other features.
Collection of data from children
For users under the age of 13 or as specified by law in their jurisdiction, certain VitaTrax 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 services. We will not knowingly ask children under that age to provide more data than is required to provide for the product.
Artificial Intelligence and VitaTrax
VitaTrax may use the power of artificial intelligence (AI) in many of our products and services, including by incorporating generative AI features. VitaTrax’s deployment and use of personal data in developing and deploying AI features is consistent with commitments outlined in this privacy statement. Product-specific details provide additional relevant information.
Using the Services & Support
You’ll need a VitaTrax account to access many of the Services. Your VitaTrax account lets you sign in to products, websites and services provided by VitaTrax and some VitaTrax partners.
You can create a VitaTrax account by downloading the Vitatrax app. You agree not to use any false, inaccurate or misleading information when signing up for your VitaTrax account. If you received your VitaTrax account from a third party, the third party may have additional rights over your account, like the ability to access or delete your VitaTrax account. Please review any additional terms the third party provided you, as VitaTrax has no responsibility regarding these additional terms. You cannot transfer your VitaTrax 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 account. By agreeing to the Terms of Service, you’re agreeing to participate in remote therapeutic monitoring by your medical provider and understand that there may be a copay. You have the right to cancel at any time and your information may be shared with other medical providers at their discretion. You understand that only one medical provider can bill for remote therapeutic monitoring at a time.
Closing Your Account
You can cancel specific Services or close your VitaTrax account at any time and for any reason. To close your VitaTrax account, please inform your provider’s representative for your VitaTrax services.
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.
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:
Don’t do anything illegal, or try to generate or share content that is illegal.
Don’t engage in any activity that exploits, harms, or threatens to harm children.
Don’t send spam or engage in phishing, or try to generate or distribute malware.
Don’t publicly display or use the Services to generate or share inappropriate content or material.
Don’t engage in activity that is fraudulent, false or misleading
Don’t circumvent any restrictions on access to, usage, or availability of the Services.
Don’t engage in activity that is harmful to you, the Services, or others.
Don’t violate or infringe upon the rights of others.
Don’t engage in activity that violates the privacy of others.
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 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.
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, close your VitaTrax account and, if you are a parent or guardian, help your minor child close his or her VitaTrax 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 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.
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.
Chat Products
Chat products connect you with information and intelligently sense, process, and act on information—learning and adapting over time.
Canceling of Services
You may cancel a Service at any time, with or without cause. To cancel a Service just delete the VitaTrax application and inform your provider’s representative for your VitaTrax services.
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 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, AND 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.
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 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 (or up to $10.00 if the Services are free). 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.
Your Content
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 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 products and services, you grant to VitaTrax 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.