Terms of Service

Effective Date: August 7, 2025

These Terms of Service ("Terms") govern your access to and use of Vital Health Systems' websites, mobile applications, and related services, including the Clara™ AI assistant (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

1. Scope of Services

Vital offers health‑related information, virtual care support, and AI‑powered tools. The Services do not replace professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified clinician with any questions regarding a medical condition.

2. Eligibility

You must be at least 18 years old—or the legal age of majority in your jurisdiction—to create an account. Parents or legal guardians may create accounts for minor dependents.

3. User Responsibilities

  • Provide accurate, current information.
  • Maintain the confidentiality of login credentials.
  • Use the Services only for lawful purposes.
  • Refrain from uploading harmful content, spam, or PHI that you are not authorized to share.

4. Intellectual Property

All content, trademarks, and software are the property of Vital or its licensors. You receive a limited, non‑transferable license to use the Services for personal, non‑commercial purposes.

5. AI & Telehealth Disclaimers

  • Clara™ generates information using artificial intelligence and large‑language‑model techniques. While designed to assist healthcare providers, Clara™ may occasionally provide incomplete, incorrect, or outdated suggestions. All AI‑generated content must be reviewed and validated by qualified healthcare professionals before any clinical decisions are made.
  • Clara™ is not a substitute for professional medical judgment and should never be used as the sole basis for diagnosis, treatment, or medical decisions.
  • Telehealth services are delivered subject to clinician licensure and state regulations in California, Minnesota, Colorado, and Nebraska, where our services are currently available.

6. Acceptable Use Policy

You agree not to:

  • Reverse engineer or scrape the Services.
  • Upload malware or interfere with system integrity.
  • Use the Services to harass or discriminate.
  • Misuse PHI in violation of HIPAA.

7. Third‑Party Links & Services

The Services may link to third‑party websites. Vital is not responsible for their content or practices.

8. Termination

We may suspend or terminate your access for any violation of these Terms. You may terminate by discontinuing use.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS." VITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.

10. Limitation of Liability

To the fullest extent permitted by law, Vital shall not be liable for indirect, incidental, or consequential damages arising from your use of the Services.

11. Indemnification

You agree to indemnify and hold harmless Vital, its affiliates, officers, and employees from any claim or demand arising out of your misuse of the Services.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the state where your healthcare provider is licensed to practice, or if no healthcare relationship exists, by the laws of the State of Minnesota, without regard to conflict‑of‑law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in the state where your healthcare provider practices, or if no healthcare relationship exists, in Minneapolis, Minnesota.

Class Action Waiver: You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action.

13. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

14. Data Retention

We retain your personal information only as long as necessary to provide the Services, comply with legal obligations, resolve disputes, and enforce our agreements. Healthcare data covered by HIPAA is retained according to applicable medical record retention requirements.

15. Changes to Terms

Last Updated: September 17, 2025

We may update these Terms at any time. Material changes will be posted on this page with a new effective date. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

16. Contact Information

Vital Health Systems
[email protected]