By accessing or using our Services, you agree to be bound by these Terms and Conditions.

These Terms and Conditions ("Terms") govern your access to and use of Vitora software and services, including any content, functionality, and services offered on or through our website or mobile applications (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of our Services or to products and services available through our Services. If you do not agree with these Terms, you should not use our Services.

1. Eligibility and Account Registration

   1.2 By accessing or using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

   1.3 To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy.

   1.4 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

2. Intellectual Property Rights

   2.1. Our Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

   2.2. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as expressly permitted by the Company in writing.

3. User Responsibilities and Prohibited Activities

   3.1. You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

   • In any way that violates any applicable federal, state, local, or international law or regulation.

   • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

   • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

   • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.

   • You are solely responsible for any content you post, submit, or transmit through our Services and the consequences of such actions.

4. Privacy and Security

   4.1. We are committed to protecting the privacy and security of sensitive patient data. Our Privacy Policy, which is incorporated into these Terms, explains how we collect, use, disclose, and safeguard your information when you use our Services.

   4.2. We implement reasonable and appropriate security measures to protect sensitive patient data from unauthorized access, use, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

5. Limitation of Liability

   5.1 In no event shall the Company, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

   5.2. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

6. Indemnification

   You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your user contributions, any use of the Services' content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.

7. Governing Law and Jurisdiction

   7.1. These Terms shall be governed by and construed in accordance with the laws of Massachusetts, without giving effect to any principles of conflicts of law.

   7.2. You agree that any action at law or in equity arising out of or relating to these Terms or the Services shall be filed only in the state or federal courts located in Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

8. Modifications and Termination

   8.1. We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Services or to modify these Terms, at any time and without prior notice.

   8.2. If we modify these Terms, we will post the modification on our website or provide you with notice of the modification. By continuing to access or use our Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.

9. Miscellaneous

   9.1. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

   9.2. These Terms constitute the entire agreement between you and the Company regarding the use of the Services and supersede any prior agreements, communications, and proposals (whether oral or written) between you and the Company with respect to the Services.

   9.3. No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

   If you have any questions, concerns, or requests regarding these Terms, please contact us at: support@vitora.care

   We are committed to working with you to resolve any concerns you may have about your privacy or the handling of sensitive information.

   Last Updated: April 16th, 2024