Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and VitaMedas, Inc., a corporation incorporated in Delaware, United States, with registered address 2261 Market Street STE 69554, San Francisco, CA 94114, United States (“VitaMedas”, “we”, “us”).

You accept these Terms by (i) creating an account, (ii) clicking “I agree”, or (iii) using the Service in any way. If you do not agree, do not use the Service.

Where you accept these Terms on behalf of a legal entity (a clinic, hospital, partnership or other organisation), you warrant that you are authorised to bind that entity, and references to “you” include that entity.

• “Account” — your registered identity on VitaMedas.
• “Content” — any data, file, message, note, image, DICOM study, recording or other material you (or someone acting on your behalf) upload to, transmit through, or store on the Service.
• “Service” — the VitaMedas website at vitamedas.com, the related applications, APIs, viewer software, and supporting infrastructure.
• “Documentation” — the user guides, in-product help and developer reference we publish from time to time.
• “Affiliate” — any entity that controls, is controlled by, or is under common control with a party.
• “Confidential Information” — non-public information disclosed by one party to the other that the receiving party should reasonably understand to be confidential.
• “PHR” — Personal Health Record. VitaMedas is a PHR; it is not a medical device, medical-device software, or clinical decision-support system.

• You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to create an Account.
• You must provide accurate and current information when registering and keep it updated.
• You are responsible for keeping your credentials, passphrase and recovery information secret. We can never recover your vault passphrase — if you lose it, your encrypted Content is unrecoverable.
• You may not share your Account, transfer it, or let anyone else use it. Each person needs their own Account.
• You are responsible for every act on your Account, whether authorised or not, until you notify us by writing to security@vitamedas.com that the Account has been compromised.

Subject to your continuing compliance with these Terms and your payment of any applicable Fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide licence to access and use the Service for your personal use (or, where you are a clinical user, the internal use of your organisation).

You shall not, and shall not permit any third party to:

• copy, modify, translate, adapt or create derivative works of the Service or its underlying code (except where mandatory law — including Article 6 of EU Directive 2009/24/EC on the legal protection of computer programs — permits limited reverse engineering for interoperability);
• sublicence, rent, lease, sell, assign, resell or otherwise commercially exploit the Service;
• remove, obscure or alter any proprietary notice;
• use the Service to build a competing product or benchmark it without our prior written consent;
• attempt to gain unauthorised access to, probe, scan, or test the vulnerability of any part of the Service, except in accordance with our published responsible-disclosure policy;
• use the Service in any way that violates applicable law or these Terms (see the Acceptable Use Policy).

We are an active engineering team and the Service will change. We may add features, remove features, change pricing or alter the way features work. We will use reasonable efforts to give you advance notice of materially adverse changes, by email or in-product notification, before they take effect.

Some features are explicitly marked as beta or preview. Beta features are provided on an “as-is” basis with no service-level commitment and may be modified or withdrawn at any time. Production-quality features carry the warranties in these Terms.

• The Service offers a free tier and one or more paid tiers. Current pricing is shown in Settings and on the marketing pages.
• Subscriptions renew automatically. They are billed in advance for the term you chose — monthly or yearly — and renew for the same term, at the same price, and charge your payment method automatically at the end of each term, until you cancel. There is no fixed end date and no separate reminder before an ordinary renewal.
• How to cancel — it takes about fifteen seconds. Because all subscriptions are purchased through Apple or Google, you cancel in the store account that took your money, and cancelling there is the only method that actually stops the charge:
  iPhone or iPad — Settings, tap your name, then Subscriptions, then Vita, then Cancel Subscription.
  Android — Play Store, tap your profile picture, then Payments & subscriptions, then Subscriptions, then Vita, then Cancel.
  We cannot cancel an Apple or Google subscription on your behalf, and neither can deleting the app or your VitaMedas account. If you cannot reach the store — you have lost the device, or the account — email support@vitamedas.com and we will help you stop the billing. We will never make you call us, chat with a retention agent, or answer questions in order to cancel.
• Cancel at least 24 hours before the renewal date, as both stores require. Cancelling stops the next charge; it does not shorten the term you have already paid for, and you keep the paid features until that term ends.
• Fees are otherwise non-refundable except where mandatory law requires a refund. That includes the 14-day right of withdrawal for distance contracts available to consumers in the European Union and the United Kingdom, and to consumers in Türkiye under Consumer Protection Law No. 6502, provided no material use has been made of the paid features. Refunds for purchases made through Apple or Google are processed by them under their own policies; we will support a request you make to them.
• We may change pricing for a renewal cycle with at least 30 days' email notice. If you do not wish to accept the new price, you may cancel before the renewal date and the renewal will not take effect.
• Quoted prices are exclusive of VAT, KDV, withholding and other applicable taxes unless explicitly stated. You are responsible for taxes attributable to your jurisdiction; we are responsible for taxes on our own income.
• We may suspend the Service if Fees are unpaid for 14 days after the due date, after notice.

You must comply with our Acceptable Use Policy. Material breach of that policy is a material breach of these Terms and gives us the right to suspend or terminate your Account without notice, in addition to any other rights and remedies.

The Service may rely on or interoperate with third-party services (Apple Sign-In, Google identity, Gemini API, Azure AI Speech, etc.). Your use of those services is subject to their own terms and privacy notices. We do not control those third parties and are not responsible for any change in their availability, terms, features or behaviour.

The Service includes optional AI features for descriptive summaries and translation. AI features are explicitly opt-in per request. You authorise us, on the occasion you press “Generate description” or an equivalent control, to transmit the specific Content you have selected to our AI sub-processor for inference, and to display the model's output to you. The output is descriptive, not advisory; see section 11 and the Medical Disclaimer.

The Vita assistant is different. It reads each message you send, and what it needs to answer goes to our AI sub-processor, as the Privacy Policy describes.

To the maximum extent permitted by law, the Service is provided “AS IS” and “AS AVAILABLE”, with no warranties of any kind, whether express, implied, statutory or otherwise, including any warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, uptime or freedom from error. We do not warrant that the Service will be uninterrupted, secure or error-free, that defects will be corrected, or that the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of implied warranties. In those jurisdictions, our warranties are limited to the maximum extent permitted by law.

To the maximum extent permitted by law, in no event will VitaMedas, its Affiliates, officers, directors, employees, agents, sub-processors or licensors be liable to you or any third party for any:

• indirect, incidental, special, consequential, exemplary or punitive damages;
• loss of profits, revenue, business opportunity, goodwill, anticipated savings;
• loss, corruption, alteration or unavailability of data (including the unrecoverable loss of your vault if you forget your passphrase);
• any clinical decision or omission made by you or any third party on the basis of information stored in, displayed by, or generated by the Service;

whether arising in contract, tort (including negligence), strict liability, breach of statutory duty or otherwise, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our aggregate liability under or in connection with these Terms — regardless of the legal theory — is limited to the greater of:

• the total Fees paid by you to VitaMedas for the Service in the twelve (12) months immediately preceding the event giving rise to the liability; and
• one hundred euros (€100) or the equivalent in your local currency at the date of the event.

The above cap does not apply to liability that cannot lawfully be excluded — including (where applicable) liability for death or personal injury caused by our negligence, for our fraud or fraudulent misrepresentation, or for any liability for which exclusion or limitation is prohibited by Article 9 of EU Directive 1999/44/EC, Article 12 of Turkish Consumer Protection Law 6502, or any equivalent mandatory provision.

You acknowledge that the Service is not designed to be relied upon for clinical or life-critical decisions. You agree that the limitations in this section reflect a reasonable allocation of risk and that without them we would not provide the Service at the current Fees.

You agree to defend, indemnify and hold harmless VitaMedas, its Affiliates and their respective officers, directors, employees and agents from and against any third-party claim, demand, investigation, proceeding, liability, damages, fine, penalty and reasonable legal costs arising out of or relating to:

• your Content, including any allegation that your Content infringes or violates the rights of, or has caused harm to, a third party;
• your use of the Service in breach of these Terms, the Acceptable Use Policy or applicable law;
• your representations and warranties under section 5.2 (including unauthorised upload of patient data);
• your negligence or wilful misconduct.

We will give you prompt notice of any claim for which we seek indemnity, cooperate at your expense with your defence, and allow you to control the defence and settlement (provided the settlement does not impose any liability or obligation on us without our written consent).

We and our licensors own all right, title and interest in and to the Service (other than your Content), including all software, designs, user interfaces, brand elements, trademarks and trade dress. The “VitaMedas” name and logo are our trademarks. Nothing in these Terms grants you any right to use them, except as strictly necessary to identify the Service.

If you provide feedback, suggestions or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use them for any purpose without obligation to you. We will never disclose your identity or your Content in connection with feedback unless you ask us to. This does not cover a rating or a note you leave on an answer in the app: that stays your personal data, under our Privacy Policy, and you can have it deleted.

• Term. These Terms begin when you first accept them and continue until terminated.
• Termination by you. You may terminate at any time by closing your Account via the account-closure flow in Settings or by emailing privacy@vitamedas.com.
• Termination by us for cause. We may suspend or terminate immediately if (i) you materially breach these Terms or the Acceptable Use Policy, (ii) you fail to pay Fees within 14 days of due date, (iii) we are required to do so by law or court order, (iv) we reasonably suspect fraud, abuse or a security threat, or (v) continuing to provide the Service to you would expose us to material legal, reputational or financial harm.
• Termination for convenience by us. We may terminate any free-tier Account with 30 days' notice without cause. For paid Accounts we may terminate for convenience with at least 60 days' notice and a pro-rata refund of any unused Fees.
• Effect of termination. Your right to access the Service ends. We will delete your Content per the Data Retention Policy. Any clauses that by their nature should survive (including sections 11, 12, 13, 14, 15, 19 and 22) will survive.

Before terminating, you should save any Content you wish to keep. You can download vault files from the vault at any time, and you can ask for a copy of your other data at privacy@vitamedas.com. Files in the Health records vault are encrypted on your device, so we hold only ciphertext and cannot reconstruct them for you. Everything else you keep with Vita, such as conversations, memory, people and medicines, is not end-to-end encrypted: our server can read it. We delete both as the Data Retention Policy describes: within 30 days of your request, and from backups within a further 35 days. After that we cannot restore them.

Neither party is liable for any failure or delay caused by an event outside its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, pandemics, sanctions or embargoes, governmental action, labour disputes, internet infrastructure failure, cyber-attacks not caused by the affected party's negligence, and outages of upstream services. The affected party shall use reasonable efforts to mitigate the effect.

We may update these Terms from time to time. We will email registered account holders at least 30 days before any change that materially reduces your rights or expands your obligations takes effect. Continued use of the Service after the effective date constitutes acceptance. If you do not accept the new Terms, you must close your Account before the effective date.

Minor changes — typos, clarifications, contact-detail updates — may be made without separate notice; a changelog is maintained on request.

Nothing in these Terms removes or limits any non-waivable right that you have as a consumer under the law of your habitual residence. Where applicable, you have:

• (Türkiye) the 14-day right of withdrawal under Article 48 of Law 6502, exercised by writing to legal@vitamedas.com;
• (EU) the 14-day right of withdrawal for distance contracts under Directive 2011/83/EU;
• (EU consumers) the right to dispute resolution through the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr;
• (UK) the rights set out in the Consumer Rights Act 2015 in relation to digital content.

• Entire agreement. These Terms, together with the other documents in our Legal Centre, constitute the entire agreement between you and us and supersede any prior agreement on the same subject.
• No waiver. A failure to enforce any right does not waive it. Any waiver must be in writing.
• Severability. If a court finds any part of these Terms unenforceable, the rest will remain in full force, and the unenforceable part will be replaced with one that most closely reflects our original intent.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an Affiliate or to a successor in connection with a merger, acquisition, reorganisation or sale of substantially all of our assets.
• No agency. Nothing in these Terms creates an agency, partnership, joint venture, fiduciary or employment relationship.
• Notices. Notices to us must be in writing to legal@vitamedas.com with a copy by post to our registered office. Notices to you may be by email to the address on your Account or by in-product notification.
• Governing language. The English version of these Terms is the binding one. Translations are for convenience; in case of conflict, the English version controls (except where mandatory law requires otherwise).

Legal: legal@vitamedas.com · Privacy: privacy@vitamedas.com · Security: security@vitamedas.com · Postal: VitaMedas, Inc., 2261 Market Street STE 69554, San Francisco, CA 94114, United States