Legal
Vytivo Member Terms of Use
Last updated: September 21, 2025
These Terms of Use (the "Terms") govern your access to and use of the Vytivo application and related personal health record services provided by Vytivo Inc., a Delaware corporation ("Vytivo," "we," "us," or "our"). "You" means the individual end user who accesses the Services, whether under the Vytivo brand or a white-labeled version sponsored by your health plan, provider, or another enterprise customer.
By using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
If the Services are provided to you under a contract between Vytivo and your health plan, provider, or another organization (a "Customer"), that contract may include a Business Associate Agreement or other terms that control how we handle protected health information. If there is any conflict between these Terms and our contract with a Customer, the Customer contract controls to the extent of the conflict for Services provided to that Customer's members or patients.
1) Eligibility and Accounts
1.1 Who can use the Services. The Services are intended for users 18 or older. Limited use by a parent or legal guardian for a minor may be permitted where allowed by law and by the applicable Customer. We honor adolescent confidentiality rights required by state law and may restrict guardian access where the minor has a legal right to confidential care.
1.2 Account registration. You may need an account to use the Services. You agree to provide accurate information and to keep it current. Keep your login credentials confidential and notify us immediately atsupport@vytivo.comif you suspect unauthorized access.
1.3 Authorized representatives. If you grant another person access to your account, you are responsible for their actions in your account.
2) Description of the Services
2.1 What Vytivo does. Vytivo unifies data from electronic health records, claims, labs, devices, genomics, and other sources into a longitudinal record and provides features like context-aware Q&A, clinician pre-reads, and personalized action plans.
2.2 Access model. You are not billed by Vytivo. Access is provided through a Customer that has contracted with us. Any charges you owe to a Customer are between you and that Customer.
2.3 Changes. We may improve or modify the Services. If we make material changes to these Terms, we will update the "Last Updated" date and provide notice as required by law. Your continued use after changes become effective means you accept the changes.
3) Privacy and Regulatory Posture
3.1 HIPAA. When a Customer is a HIPAA covered entity or business associate and we process protected health information under a Business Associate Agreement, that agreement governs our HIPAA obligations. These Terms do not limit any protections you have under HIPAA.
3.2 PHR vendor. If you use the Services outside of HIPAA coverage, we may act as a personal health record vendor subject to the FTC's Health Breach Notification Rule. If a breach occurs in that context, we will provide the required notices.
3.3 Consumer health data laws. For states with consumer health data laws, including Washington and Nevada, we obtain required consents, honor applicable opt-in and sharing limits, do not sell consumer health data, and do not use geofencing around health care facilities for advertising. Details are in our Privacy Policy.
3.4 Tracking technologies. We do not disclose your health-related identifiers to third-party advertising platforms for ad targeting. Analytics and service providers, if used, are limited and governed by contracts consistent with applicable law. See our Privacy Policy for specifics.
4) Health Record Collection and Connections
4.1 Sources. With your direction or the Customer's direction, we may collect your records through: FHIR and SMART on FHIR APIs, payer and provider integrations, device and wearable connections, lab connections, or files you upload.
4.2 Credentials and portals. We prioritize API-based connections. If you direct us to use credentials to access a provider or payer portal, you represent you are permitted to do so. Access may be limited, blocked, or withdrawn by the provider or payer. We will not circumvent technical measures and may cease credential-based access at any time.
4.3 Accuracy. We are not responsible for errors in source systems. You can review and correct your information within the Services or by contacting the source.
5) Communications
5.1 Operational messages. We may send operational emails or texts related to your account, connections, appointments, or care program. These may include unencrypted messages about your use of the Services. Do not use the Services for emergencies.
5.2 Marketing messages. We will not send marketing texts without your express written consent as defined by law. You can opt out of marketing emails at any time.
5.3 Stop codes. For texts, reply STOP to end and HELP for help. Message and data rates may apply.
6) License and Acceptable Use
6.1 Your license. Subject to these Terms, Vytivo grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal health management.
6.2 Restrictions. You will not:
- a) copy, modify, host, or create derivative works of the Services, except as allowed by law;
- b) reverse engineer or extract source code, except as allowed by law;
- c) access or use the Services to build a competing product or to train or improve models that compete with the Services;
- d) use robots, scrapers, or other automated means to access the Services except through documented APIs we provide;
- e) interfere with the Services or bypass security;
- f) use the Services for unlawful purposes or to transmit harmful code;
- g) submit content that infringes, is defamatory, or is otherwise illegal.
7) Your Content and Data Use
7.1 Ownership. You retain ownership of your content and personal information. As applicable, a Customer may also have rights in data you submit in connection with that Customer's program.
7.2 Limited license to operate the Services. You grant Vytivo a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use, host, store, reproduce, and display your content and personal information solely to provide and support the Services you request, to maintain safety and security, to comply with law, and as otherwise described in these Terms and our Privacy Policy.
7.3 No use of identifiable data for model training or advertising.We do not use your identifiable health information to train generalized AI models, to train models that are not dedicated to operating the Services for you and applicable Customers, or for advertising.
7.4 De-identified and aggregate data. We may create and use de-identified or aggregate data. When we do so, we will:
- a) apply a documented de-identification process consistent with applicable law;
- b) maintain safeguards to prevent reidentification;
- c) publicly commit not to reidentify; and
- d) require recipients to do the same.
We may use such de-identified or aggregate data to improve the Services, measure performance, develop features, and publish statistics. We will not attempt to reidentify you.
7.5 Genetic information. If you connect genomics data, we will seek any required state-law consents and will delete that data upon your request unless retention is required by law or by a Customer program.
7.6 Data export and deletion. You can request a copy of your data and can request deletion, subject to program requirements, law, and backups. If your Customer's contract ends, we will follow the Customer's instructions and our Privacy Policy on retention and deletion.
8) Third-Party Services and Content
The Services may link to or integrate with third-party services. Those services are governed by their own terms and privacy policies. Vytivo is not responsible for third-party services.
9) Not Medical Advice and No Emergency Services
The Services are informational and are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified provider with questions about a medical condition. If you think you have a medical emergency, call 911 or your local emergency number.
10) Nondiscrimination and Accessibility
Vytivo does not discriminate on the basis of race, color, national origin, sex, age, or disability. Language access and auxiliary aids may be provided by the applicable Customer program. Contact your plan or provider for assistance, or contact us and we will route your request.
11) Intellectual Property; Feedback
11.1 Ownership. Vytivo and our licensors own the Services and all related intellectual property.
11.2 Marks. You may not use Vytivo names, logos, or marks without our consent.
11.3 Feedback. If you provide feedback, you grant Vytivo a free, perpetual license to use it without restriction or attribution.
12) App Store Terms
If you download our mobile app from Apple's App Store or Google Play, the app store provider is a third-party beneficiary of these Terms and may enforce them. You must also comply with the provider's applicable terms.
13) Digital Millennium Copyright Act
If you believe content in the Services infringes your copyright, send a notice to our DMCA agent with the information required by 17 U.S.C. Section 512 to: DMCA Agent, Vytivo Inc., 1007 N Orange St, Suite 3990, Wilmington, DE 19801,legal@vytivo.com.
14) Modifications and Availability
We may modify, suspend, or discontinue the Services. Where required, we will provide notice. We are not liable for outages or changes, but we will make reasonable efforts to maintain availability.
15) Term; Suspension; Termination
15.1 Your stop. You may stop using the Services at any time. You may request account closure atsupport@vytivo.com.
15.2 Our stop. We may suspend or terminate your access if you violate these Terms, if required by law, if your Customer's program ends, or to address security or integrity risks.
15.3 Effect. On termination, we will follow Section 7.6 on data export and deletion. Sections that by their nature should survive will survive, including Sections 6, 7, 9, 11, 16, 17, 18, 19, 20, and 22.
16) Warranties and Disclaimers
Your use of the Services is at your sole risk. The Services are provided "as is" and "as available." To the fullest extent permitted by law, Vytivo disclaims all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, that they will meet your requirements, or that results will be accurate or reliable.
Some jurisdictions do not allow certain disclaimers, so some disclaimers may not apply to you.
17) Limitation of Liability
To the fullest extent permitted by law, Vytivo and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, revenue, business, or goodwill, arising out of or related to the Services or these Terms, even if advised of the possibility of such damages.
To the fullest extent permitted by law, Vytivo's total liability for all claims in the aggregate will not exceed the greater of:
- one hundred dollars (100 USD), or
- the amount paid by the applicable Customer to Vytivo for your access to the Services during the twelve months before the event giving rise to liability, to the extent such calculation is reasonably determinable.
Some jurisdictions do not allow limitations of liability, so some limitations may not apply to you.
18) Indemnification
You will indemnify, defend, and hold harmless Vytivo and its affiliates, and our and their directors, officers, employees, and agents, from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
- a) your content, including any allegation that it infringes or violates rights of others;
- b) your violation of law or these Terms; or
- c) your misuse of the Services.
This Section does not require you to indemnify for our sole negligence or willful misconduct where such indemnity would be prohibited by law.
19) Dispute Resolution; Arbitration; Class Action Waiver
Read this Section carefully. It requires binding arbitration of most disputes and limits how you can seek relief.
19.1 Informal process. Before filing a claim, you agree to try to resolve the dispute informally by emailinglegal@vytivo.comwith "Dispute Notice" in the subject line and a description of your claim. We will respond within 30 days.
19.2 Arbitration. If we cannot resolve the dispute informally, you and Vytivo agree to resolve any claim, dispute, or controversy arising out of or relating to these Terms or the Services by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. The arbitrator will have exclusive authority to resolve disputes about arbitrability and these Terms, except as provided in Section 19.5.
19.3 Where. Unless you and Vytivo agree otherwise, the arbitration will occur in the county where you reside, by videoconference, or by submission of documents, at your election.
19.4 Small claims. Either party may bring an individual action in small claims court instead of arbitration.
19.5 Public injunctive relief. Nothing in these Terms prevents you from seeking public injunctive relief in court to the extent such right cannot be waived under applicable law.
19.6 Class waiver. Arbitration will be conducted only on an individual basis. Class, collective, consolidated, or representative proceedings are not allowed. The arbitrator may award relief only to the individual party and only to the extent necessary to provide relief warranted by that party's individual claim.
19.7 Fees. The AAA rules will govern fees. If you initiate arbitration, you will pay the filing fee, but we will reimburse you for the amount that exceeds the fee for filing in a court of competent jurisdiction in your county of residence or in Delaware, unless the arbitrator finds your claim is frivolous or brought for an improper purpose.
19.8 Opt out. You may opt out of arbitration by sending a written notice tolegal@vytivo.comor to Vytivo Inc., Attn: Legal, 1007 N Orange St, Suite 3990, Wilmington, DE 19801 within 30 days of your first acceptance of these Terms. Your notice must include your name, contact information, and a clear statement that you opt out of arbitration. If you opt out, you will still be bound by the class action waiver to the extent permitted by law.
19.9 Severability. If any part of this Section is found unenforceable, the remainder will remain in effect, except that if the class waiver in Section 19.6 is found unenforceable, the entirety of this Section 19 will be null and void and disputes will be resolved in court.
20) California Notices
20.1 Electronic commercial service disclosure (Cal. Civ. Code Section 1789.3).Provider: Vytivo Inc., 1007 N Orange St, Suite 3990, Wilmington, DE 19801,support@vytivo.com. Charges: end users are not billed by Vytivo. To resolve a complaint regarding the Service, you may contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, 1625 North Market Blvd., Sacramento, CA 95834, 1-800-952-5210.
20.2 Shine the Light (Cal. Civ. Code Section 1798.83). California residents may request information about categories of personal information we disclosed to third parties for their direct marketing in the prior calendar year and the names of those third parties. Vytivo does not disclose personal information to third parties for their own direct marketing without your consent.
21) Export and Geographic Restrictions
The Services are operated from the United States and are intended for use in the United States. You are responsible for compliance with U.S. export controls and sanctions laws and with local laws that apply to you.
22) General Terms
22.1 Governing law and venue. Except to the extent the Federal Arbitration Act applies, these Terms are governed by Delaware law without regard to conflict of laws principles. For disputes that are not subject to arbitration, the exclusive venue will be the state and federal courts located in Delaware, and you consent to personal jurisdiction there.
22.2 Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets. If there is a change of control, the successor will honor these Terms for existing users until we notify you of changes or your Customer directs us otherwise.
22.3 Severability; waiver. If a provision is found invalid, the remaining provisions remain in full force. A waiver of a breach is not a waiver of any other breach.
22.4 Entire agreement. These Terms, plus our Privacy Policy and any applicable Customer contract, are the entire agreement between you and Vytivo regarding the Services.
22.5 Notices. We may provide notices to you by email, in-product messages, or mail. You may contact us at the addresses below.
23) Contact Us
Email: support@vytivo.com
Legal notices: legal@vytivo.com
Mail: Vytivo Inc., 1007 N Orange St, Suite 3990, Wilmington, DE 19801