Patient Terms of Service

1. Read This First: The App Is Not for Emergencies

Information you enter in the App is reviewed by your healthcare provider’s staff during their normal business hours. There may be a delay of hours or days between when you submit information and when someone reviews it. Never rely on the App to alert anyone to an urgent or life-threatening condition.

If you have an urgent but non-emergency concern, contact your healthcare provider’s office directly by telephone.

2. What VitaTrax Is, and What It Is Not

VitaTrax is a software company. We provide a technology platform that your healthcare provider uses to deliver Remote Therapeutic Monitoring (“RTM”), Remote Physiologic Monitoring (“RPM”), Chronic Care Management (“CCM”), Principal Care Management (“PCM”), and related care management services between your office visits.

VitaTrax is not a healthcare provider. We do not:

• Practice medicine or provide medical advice, diagnosis, or treatment
• Employ the clinicians who review your information
• Decide whether you are eligible for any care management program
• Decide what treatment you should receive
• Determine what your insurance is billed

All clinical decisions about your care, including whether monitoring is appropriate for you, how your data is interpreted, and what treatment you receive, are made solely by your healthcare provider. Your relationship for medical care is with your provider, not with VitaTrax. Nothing in the App creates a provider-patient relationship between you and VitaTrax.

Any educational content, general information, prompts, or suggestions shown in the App are for general informational purposes only. They are not a recommendation, an endorsement, or a clinical judgment, and they are not a substitute for the judgment of your treating provider.

3. Your Enrollment

You are enrolled in the App by your healthcare provider’s practice (your “Practice”) as part of a care program the Practice has determined is appropriate for you. Your Practice, not VitaTrax, is responsible for:

• Determining that remote monitoring is medically necessary and clinically appropriate for you
• Determining that you are eligible for the program
• Obtaining and documenting your informed consent before services begin
• Explaining what data will be collected and how it will be used in your care
• Reviewing your data, responding to it, and managing your care plan
• Deciding when to end your participation

Before you begin, your Practice will ask you to review and sign a separate Remote Therapeutic Monitoring (RTM) Consent Agreement or a comparable consent form for the program you are enrolled in. That consent form governs your participation in the clinical program. These Terms govern your use of the software. Both apply.

Agreeing to these Terms is not, by itself, consent to participate in a clinical monitoring program, and is not consent to be billed for one. Your clinical consent is given separately, to your Practice.

4. Eligibility and Account

Age. The App is not directed to and may not be used by children under 13, and we do not knowingly collect information from them. If you are between 13 and 17, you may use the App only if your Practice has enrolled you and a parent or legal guardian has consented to your participation and has agreed to these Terms on your behalf, in accordance with applicable law. If we learn that a child under 13 has created an account, we will close it and notify the Practice.

Authorized representatives. If you are a parent, caregiver, guardian, or other authorized representative using the App on behalf of a patient, you represent that you have the legal authority to do so and to agree to these Terms on the patient’s behalf, and you agree to be bound by these Terms personally as well. References to “you” include the patient.

Your account. You are responsible for keeping your login credentials confidential and for all activity under your account. Do not share your credentials with anyone. You may not transfer your account to another person. Tell your Practice or contact us at support@vitatrax.co promptly if you believe your account has been accessed without your permission.

Accuracy. You agree to provide accurate information when you create your account and when you report information through the App.

5. Your Responsibilities and Acknowledgments

By using the App, you acknowledge and agree to each of the following:

1. Your physician or other healthcare provider has explained to you what your particular monitoring program involves, the type of health data that will be collected, and how it will be used in your care.
2. Your health data may be collected and transmitted digitally from the App to your healthcare provider. We use reasonable safeguards designed to maintain the confidentiality and security of that information.
3. You will not transmit, or allow to be transmitted, the health data of any individual other than yourself. The App is for your own information only.
4. You will not intentionally tamper with, alter, or interfere with the App or any device used in connection with your monitoring services, and you will not submit information you know to be false.
5. Your physician or healthcare provider is not responsible for inaccuracies in the health data you transmit. The usefulness of monitoring depends on the accuracy and consistency of what you report.
6. You consent to the use of remote monitoring services as part of your care and treatment.
7. You have the right to withdraw from participation at any time. See Section 9.
8. Remote monitoring services are NOT emergency services and your data WILL NOT BE MONITORED 24/7. If you think you are experiencing a medical emergency, CALL 911 IMMEDIATELY.

You also agree not to: use the App for any unlawful purpose; attempt to gain unauthorized access to the App, to any account, or to any data that is not yours; interfere with or disrupt the App’s security, integrity, or operation; introduce malicious code; scrape, crawl, or use automated means to access the App; reverse engineer, decompile, or attempt to derive the source code of the App; resell, sublicense, or commercially exploit the App; or use the App in any way that infringes the rights of others.

6. Conversational and AI-Assisted Features

Some features of the App use artificial intelligence, including conversational assistants that guide you through check-ins, ask follow-up questions about your symptoms, and help you record your experience in your own words. We may add, change, or remove AI-assisted features over time. This section applies to all of them.

What these features do. They help you describe what you are experiencing and organize what you record so that it is more useful to your care team. Their purpose is to improve the quality and completeness of what you report.

What these features do not do. AI-assisted features do not practice medicine. They do not diagnose conditions, recommend or change treatment, interpret your results clinically, triage you, or make any decision about your care. They do not monitor you, and they cannot detect or respond to an emergency. Nothing an AI-assisted feature says is medical advice or a substitute for your provider’s judgment.

Accuracy. AI systems can produce information that is incomplete, inaccurate, or not relevant to your situation. Do not rely on anything generated by an AI-assisted feature for any health decision. If something an AI-assisted feature says conflicts with instructions from your provider, follow your provider.

Human review. Information you record through AI-assisted features is made available to your care team and is reviewed by qualified staff during normal business hours, in the same way as information you enter directly. No AI-assisted feature substitutes for that review.

Your information. Health information processed by AI-assisted features is handled under Section 8 and under our Business Associate Agreement with your Practice. Where we use third-party AI service providers, they are bound by written agreements that require them to protect your information and that prohibit them from using it to train their own general purpose models. We do not use your identifiable health information to train models for the benefit of any other patient, practice, or third party.

Using them is your choice. You are never required to interact with a conversational feature to receive care. If you prefer to record your information without using one, or you have concerns about these features, tell your Practice.

7. Costs, Insurance, and Billing

VitaTrax does not bill you. Your Practice bills your insurance for the clinical services it provides.

You should understand the following:

• You may owe money. Monitoring services may result in out-of-pocket costs depending on your insurance plan. You are responsible for all applicable copayment, coinsurance, and deductible amounts, including, if you are a Medicare beneficiary, the standard 20% coinsurance for Part B services.
• Your Practice will review your specific cost-sharing responsibilities with you before you enroll. Ask your Practice if you have questions about what you may owe.
• Only one provider may bill for remote monitoring services in a given calendar month. By enrolling with your Practice, you understand that your Practice will be the billing provider during the months you are enrolled. You should not simultaneously enroll in remote therapeutic or remote physiologic monitoring through another provider for the same period.
• Coverage rules and amounts are set by your insurer and may change. VitaTrax does not control and does not guarantee coverage or payment, and is not responsible for any amount your insurer declines to pay.

If you have a question or dispute about a bill, contact your Practice. VitaTrax cannot adjust, waive, or refund charges billed by your Practice.

8. Your Information and Privacy

Most of the health information you enter in the App is Protected Health Information that VitaTrax handles on behalf of your Practice as a “business associate” under the federal Health Insurance Portability and Accountability Act (“HIPAA”).

That means:

• Your Practice, as the covered entity, controls that information. Its Notice of Privacy Practices governs how your health information is used and disclosed.
• VitaTrax handles it under a written Business Associate Agreement with your Practice that limits what we may do with it.
• To exercise HIPAA rights such as access, amendment, restriction, or an accounting of disclosures, contact your Practice. We will assist your Practice in responding.

Our Privacy Policy explains in detail what we collect, how we use it, how we protect it, and what choices you have. It is incorporated into these Terms.

We do not sell your personal information. We do not serve advertising in the App, and we do not use your health information to target advertising to you.

9. Stopping, Withdrawing, and Closing Your Account

Your participation is voluntary. You may withdraw from remote monitoring at any time, for any reason, without affecting the quality of the care you receive from your Practice.

To withdraw, notify your Practice. Your Practice will document your withdrawal, discontinue services, and stop billing for them. You may also contact us at support@vitatrax.co and we will notify your Practice, but withdrawal is documented by your Practice.

Deleting the App from your device does not end your enrollment and does not stop billing. You must tell your Practice.

Your Practice may also end your participation, for example if you are no longer clinically eligible, if you are not engaging with the program, or if your coverage ends.

We may suspend or terminate your access if you violate these Terms, if we are directed to do so by your Practice, if your Practice’s agreement with us ends, or if we discontinue the App.

Retention of your health information after your participation ends is governed by your Practice’s policies, the Business Associate Agreement, and applicable law. See our Privacy Policy.

10. Content You Submit

You keep ownership of the information and content you submit through the App (“Your Content”).

You grant VitaTrax a limited, non-exclusive, royalty-free license to use, host, store, reproduce, and transmit Your Content only as necessary to: (a) provide the App and the services your Practice has engaged us to provide; (b) make Your Content available to your Practice and your care team; (c) support, maintain, secure, and troubleshoot the App; and (d) comply with law.

We may also create de-identified information from Your Content in accordance with HIPAA’s de-identification standard, and use that de-identified information to improve our products and for research and analytics. De-identified information does not identify you and we do not attempt to re-identify it. See our Privacy Policy.

We will not use Your Content in advertising, marketing, promotional materials, or public demonstrations. We will not publish Your Content.

Feedback. If you send us suggestions, ideas, or feedback about the App, you agree we may use them without restriction or obligation to you. Do not include health information about yourself or anyone else in feedback.

11. Devices, Connectivity, and Third-Party Services

You are responsible for providing and maintaining a compatible smartphone or tablet, an internet or cellular data connection, and any charges from your carrier or internet provider. Those charges are yours and we do not reimburse them.

The App may allow you to connect optional third-party services, such as your device’s health data platform, including Apple Health and Android Health Connect. Any such connection is at your election, and information is shared only with your explicit permission, which you may withdraw in your device or App settings. Third-party services are governed by their own terms and privacy policies, and we are not responsible for them.

Service notifications. We may send you messages about your account and the service by in-app notification, email, or SMS text message, including messages that support your care program. Message and data rates may apply. You may opt out of non-essential messages by following the instructions in the message or by contacting your Practice or us. Opting out of clinical or care-related communications may affect your participation, so discuss it with your Practice first.

12. Availability, Updates, and Changes to the App

We work to keep the App available and reliable, but we do not guarantee uninterrupted or error-free operation. The App depends on the internet, mobile networks, and your device, which are outside our control.

We may check the version of the App you are running and download and install updates or configuration changes automatically. You may be required to install an update to continue using the App. Updates are covered by these Terms unless they are accompanied by different terms, in which case those terms apply to the update.

We may add, change, suspend, or remove features, and we may release features in preview or beta form, which may not work as a final version would. We will not make a change that materially reduces the core monitoring functionality your Practice relies on without reasonable notice to your Practice.

13. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, VITATRAX AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF DATA OR CONTENT.

VITATRAX DOES NOT WARRANT THAT THE APP WILL DETECT, IDENTIFY, OR ALERT ANYONE TO ANY MEDICAL CONDITION, CHANGE IN CONDITION, DETERIORATION, OR EMERGENCY. VITATRAX DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, OR THAT DATA WILL NOT BE LOST.

NOTHING IN THESE TERMS LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE WHERE SUCH LIMITATION IS PROHIBITED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. YOU MAY HAVE RIGHTS UNDER YOUR STATE’S LAW THAT THESE TERMS DO NOT AFFECT.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, VITATRAX AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF THE APP, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF VITATRAX AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED ONE THOUSAND U.S. DOLLARS ($1,000). THIS LIMIT APPLIES IN THE AGGREGATE ACROSS ALL CLAIMS AND IS NOT PER CLAIM OR PER INCIDENT.

THESE LIMITATIONS DO NOT APPLY TO LIABILITY ARISING FROM VITATRAX’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE WHERE SUCH LIMITATION IS PROHIBITED BY LAW, OR TO ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

These limitations apply to VitaTrax only. They do not limit any claim you may have against your healthcare provider, and they do not affect your rights regarding your medical care.

15. Changes to These Terms

We may update these Terms. If we make a material change, we will notify you through the App, by email, or by another reasonable method before the change takes effect, and we will update the “Last Updated” date above. Continuing to use the App after the change takes effect means you accept the updated Terms. If you do not accept them, stop using the App and notify your Practice.

Changes to these Terms do not apply retroactively to a dispute of which we had notice before the change took effect.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Georgia, without regard to its conflict of laws principles.

16.1 Talk to us first

Before starting arbitration or any other formal proceeding, please contact us at legal@vitatrax.co and describe the problem and the resolution you are seeking. We will do the same before starting a proceeding against you. Both of us agree to work in good faith toward a resolution for 60 days from that notice. This step is a condition to starting arbitration.

16.2 Agreement to arbitrate

If we cannot resolve the dispute informally, you and VitaTrax agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by binding individual arbitration, not in court, and not before a judge or jury.

Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified by these Terms. The arbitrator’s decision is final and may be entered as a judgment in any court with jurisdiction. The arbitrator, and not any court, decides all issues relating to the scope, enforceability, and interpretation of this arbitration agreement, except as stated in Section 16.5.

Where. Arbitration will take place by videoconference or telephone, by written submission, or, if an in-person hearing is required, in the county where you live or another mutually agreed location.

Costs. If your claim is for $10,000 or less, VitaTrax will pay all arbitration filing, administration, and arbitrator fees, other than any portion of the filing fee equal to what it would have cost you to file the same claim in court. For larger claims, fees are allocated under the AAA rules. Each side pays its own attorneys’ fees unless the arbitrator awards them under applicable law.

16.3 Class action waiver

You and VitaTrax agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, coordinated, or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding.

If this class action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request will be severed from the arbitration and brought in the state or federal courts identified in Section 16.6, and the rest of the dispute will proceed in arbitration.

16.4 Your right to opt out

You may opt out of Section 16.2 and Section 16.3. To opt out, send written notice to legal@vitatrax.co, or to VitaTrax, LLC, 3130 Aldridge Court, Cumming, GA 30040, Attn: Legal, within 30 days after you first agree to these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you want to opt out of arbitration. Opting out will not affect your use of the App or the care you receive, and it does not affect any other part of these Terms.

16.5 Exceptions

The following are not subject to arbitration:

• Either party may bring an individual claim in small claims court if it qualifies.
• Either party may seek injunctive or other equitable relief in court to stop actual or threatened infringement or misuse of intellectual property or unauthorized access to the App or to data.

16.6 Court proceedings

For any dispute not subject to arbitration, and for any proceeding to enforce an arbitration award, you and VitaTrax consent to the exclusive jurisdiction and venue of the state courts located in Forsyth County, Georgia, or the United States District Court for the Northern District of Georgia, and each party waives any objection to that venue.

16.7 Your right to contact a regulator

Nothing in this Section limits your right to file a complaint with any regulator or government agency, including your state Attorney General, your state medical board, or the U.S. Department of Health and Human Services Office for Civil Rights.

17. General

Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and VitaTrax regarding the App and supersede any prior understanding on that subject. Your clinical participation is governed separately by the consent form you sign with your Practice and by your Practice’s own policies.

Severability. If any provision is found unenforceable, the rest remains in effect and the unenforceable provision will be applied to the maximum extent permitted.

No waiver. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms or your account. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, provided the acquiring party remains bound by the commitments in our Privacy Policy with respect to your information.

Force majeure. Neither party is responsible for a failure to perform caused by events beyond its reasonable control, including natural disasters, network or utility failures, and acts of government.

Third parties. These Terms do not create rights in anyone other than you and VitaTrax.

Survival. Sections 2, 5, 10, 13, 14, 16, and 17 survive termination of these Terms or of your access to the App.

Notices. We may give you notice by in-app message, by email to the address associated with your account, or through your Practice. You may give us notice at the addresses in Section 18.

18. Contact Us

For questions about your care, your enrollment, your bill, or your health information, contact your healthcare provider’s office directly.

In an emergency, call 911.