Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and VytalpathMD, LLC (a Delaware limited liability company) (“VytalpathMD,” “we,” “us”). By creating an account, signing in, or using any part of the VytalpathMD mobile app, clinician dashboard, marketing website, or related services (collectively, the “Service”), you agree to these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of a clinical practice, you represent that you have authority to bind that practice to these Terms.

VytalpathMD is software that lets a Direct Primary Care or longevity clinical practice deliver and track a daily care plan with its patients. The Service is a tool used by your care team — it is not a substitute for medical advice, diagnosis, or treatment from your physician. See Section 7 (Medical Disclaimer).

• You must be at least 18 years old, or have your legal guardian set up the account on your behalf.
• Patient accounts are created by invitation only from an enrolled clinical practice. You may not register without an active invite.
• Clinician accounts are created by your practice administrator. You may not create a clinician account on your own.
• You agree to provide accurate information at registration and to keep it current.

• Keep your password confidential. We will never ask you for it.
• Enable multi-factor authentication if you are a clinician (it is required). It is strongly recommended for patients.
• Notify us and your care team immediately if you suspect your account has been compromised.
• You are responsible for all activity that occurs under your account.
• One person per account. Do not share credentials, even within a household or care team.

You agree not to:

• Use the Service for any purpose other than the daily-care-plan workflow it is built for.
• Reverse-engineer, decompile, scrape, or attempt to derive source code from the Service.
• Probe, scan, or test the security or vulnerability of the Service without our written permission.
• Interfere with or disrupt the Service, including by introducing malware or flooding the API.
• Use the Service to transmit unlawful, threatening, harassing, defamatory, or otherwise objectionable content.
• Impersonate any person or entity, including any other patient or clinician.
• Use the Service to make any clinical decision for any patient who is not your own (clinicians) or for any person other than yourself (patients).

The Service, including its software, design, text, graphics, and logos, is owned by us or our licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose. You retain all rights in the content you submit (e.g., your adherence logs), subject to the licenses described in Section 8 of our Privacy Policy and the access rights of your care team.

The Service is a tool for your care team to deliver and track a plan. It is not a medical device, and it does not provide medical advice. All clinical content — tasks, diet guidance, habits, workouts, exercise prescriptions, lab interpretations, medications, supplements, clinician notes — comes from your individual clinician at the practice that invited you. Any content shown to you is the responsibility of that clinician, not VytalpathMD.

If you have a medical emergency, call 911 (or your local emergency number). Do not use the Service to communicate emergencies. VytalpathMD is not monitored 24/7 by clinicians and is not an appropriate channel for time-sensitive medical questions.

Never disregard professional medical advice or delay seeking it because of something you saw in the Service.

We strive for high availability but the Service is provided on an “as available” basis. We may modify, suspend, or discontinue any part of the Service at any time. We will give reasonable notice of material changes that affect your ability to access your data.

Planned maintenance windows will be communicated in advance where possible. Emergency maintenance may occur without notice.

The Service relies on third-party vendors (managed hosting, error monitoring, email delivery, app-store distribution). Those vendors operate under their own terms and privacy policies. Where a vendor handles Protected Health Information, we maintain a Business Associate Agreement with them as required by HIPAA.

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory.

To the maximum extent permitted by law, we disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure, nor that defects will be corrected.

To the maximum extent permitted by law, in no event will VytalpathMD, its affiliates, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service.

Our total cumulative liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the amounts actually paid by you (if any) to VytalpathMD in the twelve (12) months preceding the event giving rise to liability.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the above limitations apply to the extent permitted by law.

You agree to defend, indemnify, and hold harmless VytalpathMD and its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your violation of any law or third-party right; or (c) any content you submit that infringes a third party’s rights.

You may stop using the Service at any time. We may suspend or terminate your access immediately if you violate these Terms, if required by law, or if our agreement with your clinical practice terminates. On termination, your right to use the Service ends immediately; rights and obligations that by their nature should survive (including Sections 6, 7, 10, 11, 12, and 14) will survive.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Florida, and you consent to the personal jurisdiction and venue of those courts.

You and VytalpathMD agree to attempt in good faith to resolve any dispute informally by first contacting us at the address in Section 17 before initiating any formal proceeding.

We may update these Terms from time to time. When we make material changes, we will update the effective date and, where appropriate, notify you in-app or by email. Your continued use of the Service after the new effective date constitutes acceptance of the updated Terms.