Vinyl Health — Terms of Service
Effective Date: April 29, 2026
Last Updated: June 10, 2026
Welcome to Vinyl Health (“Vinyl,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of the Vinyl Health website, mobile application, software, and related services (collectively, the “Services”), except where we expressly state that separate terms apply. As used herein, “you” or “your” refers to you, the user accessing the Services.
By accessing or using the Services, you agree to these Terms and acknowledge that you have read and understood our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.
PLEASE READ THESE TERMS CAREFULLY. These terms contain a mandatory individual arbitration agreement and class action/jury trial waiver that require most disputes to be resolved through individual binding arbitration rather than in court.
THE SERVICES ARE NOT DESIGNED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, NOR ARE THEY INTENDED FOR EMERGENCY USE. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR SEEK IMMEDIATE MEDICAL ATTENTION.
These Terms do not apply when Vinyl Health enters into a separate agreement with a business partner. When we function under such a separate business arrangement, the terms of the relevant agreement with the business partner govern.
1. About Vinyl Health
Vinyl Health is a consumer healthcare technology platform that helps users manage their healthcare journey by recording, organizing, understanding, and managing personal data, including health information, and healthcare experiences. Features may include medical record aggregation, appointment recordings, AI-assisted summaries, care coordination tools, educational content, and information sharing with caregivers, family members, and healthcare providers.
The Services are intended to support users in understanding and navigating healthcare information, but they do not replace professional medical judgment, medical advice, diagnosis, or treatment.
2. Eligibility
You may use the Services only if you are capable of forming a legally binding contract and are in compliance with all applicable laws and regulations.
You must be at least 18 years old to independently create an account and use the Services.
By using the Services, you represent and warrant that:
You meet the eligibility requirements above;
The information you provide is accurate and complete; and
Your use of the Services complies with all applicable laws.
We reserve the right to suspend or terminate access for users who do not meet eligibility requirements.
3. User Accounts, Profiles, Support Networks, and Sharing
When you access the Services you will be a “Profile Holder” and/or an “Account Holder”.
Although these Terms apply to both Account Holders and Profile Holders, certain provisions may apply differently depending on the role in which you are using the Services.
An “Account Holder” is an individual who creates and maintains a Vinyl Health account, including login credentials, subscription selections, billing information, payment methods, account settings, and related account administration functions.
A “Profile Holder” is an individual whose personal, health, caregiving, and related information is maintained within a profile and Vinyl Record on the Services.
Individuals who create, manage, access, or participate in the Services as registered users must create an account and become an Account Holder. Each Account Holder may create one or more profiles where permitted by the Services and applicable law, including profiles for themselves and, where authorized, profiles they manage on behalf of other individuals.
Because an individual may act in multiple capacities within the Services, you may simultaneously be both an Account Holder and a Profile Holder. You may also be authorized to manage or access multiple Profiles, subject to permissions granted through the Services.
The Services allow users to control who they interact with and how information is shared. These features may be amended, modified, or expanded from time to time.
For purposes of these Terms:
“Vinyl Record” means the personal, health, caregiving, wellness, administrative, and related information maintained within a Profile Holder account through the Services.
“Support Network” means the family members, caregivers, friends, healthcare professionals, and other individuals that a Profile Holder chooses to connect with through the Services.
“Authorized Recipient” means any individual or entity that is authorized to receive access to information from a Profile Holder’s Vinyl Record, whether through the Services or through third-party sharing mechanisms.
a. Profile Holders may:
create, maintain, update, and manage their Vinyl Record;
create and manage their Support Network and choose whether to share information with Authorized Recipients;
receive information, updates, records, and other content shared by other Profile Holders in their Support Network;
determine whether to grant, deny, modify, limit, or revoke requests for access to their Vinyl Record;
determine which portions of their Vinyl Record may be viewed, accessed, contributed to, shared or otherwise used by each Authorized Recipient and for how long it remains accessible;
control what information Vinyl Health may process, display, share, or make available through the Services, subject to applicable law and these Terms;
share information outside of the Services using tools made available by Vinyl Health such as through secure links, QR codes, or provider-sharing workflows; or
share information outside of the Services using third-party mechanisms, such as email-based sharing, screenshots, and download and export features made available on your endpoint device; provided that Vinyl Health shall not be responsible or liable for any such sharing via third-party mechanism.
b. Account Holders may:
create, access, maintain, and secure their account through login credentials and authentication methods provided by Vinyl Health;
establish and manage security settings, notification preferences, payment methods, subscription settings, and other account-level preferences;
enroll in, modify, upgrade, downgrade, renew, or cancel subscription plans offered by Vinyl Health;
create and manage Profiles where permitted by the Services and applicable law;
request access to another Profile Holder’s Vinyl Record through the Services; or
manage permissions, notifications, and access rights granted to them by Profile Holders through the Services.
For the avoidance of doubt, control of a Vinyl Record remains with the applicable Profile Holder. Becoming an Account Holder, participating in a family plan, belonging to a Support Network, or submitting a request for access does not grant any right to view, access, receive, modify, or share information from another Profile Holder’s Vinyl Record unless and until such access is expressly authorized by the applicable Profile Holder.
A Profile Holder retains sole authority to determine whether access is granted, the scope of any access granted, and whether such access may be modified or revoked through the Services.
A Profile Holder may also choose to share portions of their Vinyl Record with Authorized Recipients outside of the Services; provided that Vinyl Health shall not have any responsibility or liability to you for any information disclosed outside of the Services. Certain Authorized Recipients may be permitted to access information shared by a Profile Holder without creating an account or becoming an Account Holder.
The Profile Holder is solely responsible for determining whether to share information with an Authorized Recipient. Once information is disclosed to an Authorized Recipient outside of the Services at the direction of a Profile Holder, Vinyl Health will not be able to control, restrict, revoke, retrieve, or prevent further disclosure of that information by the Authorized Recipient. The Authorized Recipient’s use, retention, disclosure, protection, and handling of such information will be governed by their own privacy practices, legal obligations, professional duties, or organizational policies rather than these Terms.
Account Registration
Certain features require you to create an account. If you choose to create an account, you agree to provide and maintain true, accurate, current and complete information for your account. You are responsible for maintaining the confidentiality and security of your login credentials and for all activity occurring under your account.
You agree to:
Use strong passwords and safeguard authentication credentials;
Notify us immediately of any unauthorized use or suspected security breach;
Maintain accurate account information; and
Accept responsibility for all activities occurring through your account.
We reserve the right to suspend or terminate accounts at our discretion, including where necessary to protect the security, integrity, or operation of the Services. Vinyl Health is not liable for any acts or omissions by you in connection with your account. We are not liable for any loss or damage arising from your failure to comply with this Section.
General Practices Regarding Use and Storage
You acknowledge that Vinyl Health may establish general practices and limits concerning use of the Services, including the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Vinyl Health’s servers on your behalf. Vinyl Health reserves the right, in its sole discretion, to terminate accounts that are inactive for an extended period of time, provided that Vinyl Health has given you at least thirty (30) days’ prior notice to the email or telephone number associated with your account.
Third-Party Authentication
You may choose to connect your account through third-party authentication or services. By doing so, you authorize us to access and use information provided through those services in accordance with our Privacy Policy.
4. Sharing Features
Certain features of the Services may allow you to invite family members, healthcare providers, caregivers, partners, supporters, or other individuals to access or interact with you and gain access to your information.
You understand and agree that:
People you share with may view, edit, share, or interact with information you make available to them depending on their user roles;
You control what information is shared through your settings and permissions;
You are solely responsible for your interactions and information sharing with other users; and
Vinyl Health is not responsible for the actions, conduct, or misuse of information by people you share with or other users.
You may add or remove people who have sharing access or people you have shared your Vinyl Record with at any time through account settings.
5. No Medical Advice
Nothing provided through the Services:
Creates a physician-patient or healthcare provider-patient relationship;
Constitutes or otherwise provides medical advice, diagnosis, or treatment recommendations;
Replaces consultation with qualified healthcare professionals; or
Should be relied upon in emergencies or urgent medical situations.
You should always seek the advice of licensed healthcare professionals regarding medical conditions, medications, treatments, or healthcare decisions.
The information and content available through the Services, including AI-generated outputs, summaries, recordings, notes, educational materials, and organizational tools, are for informational and organizational purposes only, and do not otherwise replace your physician, other provider, or healthcare organization (collectively “Healthcare Providers”).
We are working to enable the Services to recognize the signs of a medical emergency in your interactions to direct you to contact emergency services. However, the Services rely on AI systems and may not recognize every emergency situation. Do not rely on the Services in a life-threatening situation — call 911 directly for assistance in case of such situations.
If you or someone you care for is experiencing a mental health crisis, please contact the 988 Suicide and Crisis Lifeline by calling or texting 988.
6. AI Features and Generated Content
The Services may use artificial intelligence and machine learning technologies to generate summaries, transcripts, insights, recommendations, or organizational content (“Output”) based on information you provide.
You acknowledge and agree that:
AI-generated Output may contain inaccuracies, omissions, or errors;
AI tools are intended to assist with organization and understanding, not clinical decision-making;
You are solely responsible for reviewing and evaluating any Output before relying on it;
Vinyl Health does not guarantee the accuracy, reliability, completeness, or appropriateness of AI-generated Output; and
We are not liable for any decisions or actions taken based on AI-generated content.
Due to the nature of artificial intelligence systems, Output generated for different users may be similar or identical.
7. Recordings
The Services may permit you to connect to Healthcare Provider systems and also record healthcare appointments, phone calls, video visits, or other conversations.
By using recording features, you represent and warrant that:
You will comply with all applicable recording, wiretapping, privacy, and consent laws;
You are solely responsible for notifying participants when recording is required by law;
You will obtain all legally required consents before recording; and
You assume all legal responsibility relating to recordings you create or share.
Vinyl Health is not responsible for your compliance with recording laws, but can assist you in documenting any consents that you are required to obtain.
8. Consent for Record Retrieval and Integration
To the extent you use the Services to facilitate obtaining your clinical and/or claims records, you authorize Vinyl Health to (1) fill in and transmit whatever documentation is needed to applicable third parties; (2) log into your applicable third-party portal(s) to obtain your records, subject to you providing Vinyl Health with valid login credentials (username and password); (3) in the case of queries to health information networks and health information databases, submit demographic information as well as documentation verifying identity and that you consented for Vinyl Health to collect your records. As needed, Vinyl Health may also review your records to find other Healthcare Providers you may have visited and submit documentation on your behalf to such Healthcare Providers in order to collect your records.
9. User Responsibilities and Acceptable Use
You agree to use the Services only for lawful, authorized, and personal purposes.
You will not:
Upload malicious code, viruses, or harmful content;
Reverse engineer, decompile, scrape, copy, or tamper with the Services or underlying systems;
Use the Services for unlawful, fraudulent, abusive, defamatory, discriminatory, or harmful purposes;
Use the Services to develop competing products or services;
Access the Services through unauthorized automated means;
Use the Services for spam, solicitation, or commercial advertising;
Attempt to circumvent, disable or otherwise interfere with security-related features of the Services;
Interfere with the operation, stability, or security of the Services;
Upload content you do not have the legal right to share; or
Violate the rights of any person or entity.
We may investigate and take action against violations of these Terms, including suspension or termination of access to the Services. Any suspected fraudulent, abusive, or illegal activity that may constitute a violation of these Terms serves as grounds for termination of your use of the Services and may be referred to appropriate law enforcement authorities.
10. User Content and Data Ownership
As between you and Vinyl Health, you retain ownership of your personal data, recordings, documents, notes, and other content you upload or provide through the Services (“User Content”).
You grant Vinyl Health a non-exclusive, worldwide, royalty-free license to use, host, process, reproduce, modify, display, and distribute User Content:
To provide, maintain, and improve the Services;
To develop and improve features, models, and functionality;
To comply with legal obligations;
To enforce these Terms; and
As otherwise authorized by you.
You further agree that Vinyl Health may use User Content to create de-identified, anonymized, and aggregated information along with usage data for analytics, research, operational improvement, product development, and business purposes. You agree that Vinyl Health and/or its licensors own all rights, title and interest in and to such de-identified, anonymized, and aggregated information (including any and all intellectual property rights therein). You agree not to take any action(s) inconsistent with such ownership interests.
You represent and warrant that you have obtained all rights, licenses, permissions, consents, power and/or authority necessary to upload or share User Content and otherwise grant the rights granted herein to Vinyl Health. Without limiting the foregoing, Vinyl Health and its designees will have the right to remove any User Content that violates these Terms or is deemed by Vinyl Health, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
Notwithstanding the foregoing, if you elect to use the free version of the Services, you grant to Vinyl Health a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully-paid license to use, host, process, reproduce, modify, display, and distribute User Content to provide the Services as well as for any other lawful purpose.
11. Third-Party Material
Vinyl Health may collect data and information from various sources, including health care providers, hospitals and others, which may contain personal data relating to you. We may also receive information about you from third parties. For example, we may supplement the data we collect from you with demographic information licensed from third parties in order to personalize the Services and our offers to you. Vinyl Health is not responsible or liable for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
12. Usage Data
We may collect technical, diagnostic, analytics, and usage-related information about your use of the Services (“Usage Data”).
Usage Data may include device information, interaction data, performance metrics, and operational logs.
To the extent permitted by law, Vinyl Health owns all rights in Usage Data and may use Usage Data in de-identified or aggregated form for lawful business purposes, including improving the Services and developing new features.
13. Intellectual Property
Except for User Content, all software, technology, algorithms, designs, interfaces, trademarks, logos, branding, content, and intellectual property associated with the Services are owned by Vinyl Health or its licensors.
Subject to these Terms, Vinyl Health grants you a limited, personal, revocable, non-exclusive, royalty-free, non-assignable, non-sublicensable, and non-transferable license to access and use the Services for personal, non-commercial purposes. We and our licensors reserve all rights in connection with the Services.
You may not:
Copy, distribute, modify, create derivative works from, or exploit the Services;
Use Vinyl Health intellectual property without written permission; or
Remove proprietary notices from the Services.
All rights not expressly granted are reserved.
14. Open Source Software
Some software used in the Services may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these Terms, so please be sure to read those licenses.
15. Confidential Information
The Services may include non-public, proprietary, or confidential information of Vinyl Health and/or of other users (“Confidential Information”). Confidential Information includes any information that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology, and marketing information. You will: (a) protect and safeguard the confidentiality of all Confidential Information with at least the same degree of care as you would use to protect your own highly sensitive confidential information, but in no event with less than a reasonable degree of care; (b) not use any Confidential Information for any purpose other than to exercise your rights, or to perform your obligations, under these Terms; and (c) not disclose any Confidential Information to any person or entity, except your service providers or financial or legal advisors who/that (i) need to know the Confidential Information and (ii) are bound by non-use and non-disclosure restrictions at least as restrictive as those set forth in this section.
16. Feedback
If you provide suggestions, comments, ideas, recommendations, or feedback regarding the Services (“Feedback”), you agree that any contribution of Feedback provided by you to Vinyl Health is non-confidential and becomes the property of Vinyl Health. To be clear, Vinyl Health may use and disclose Feedback in any manner and for any purpose whatsoever without notice or compensation to you and without retention by you of any proprietary or other right or claim.
17. Beta Features
Certain features may be identified as beta, pilot, preview, or early-access functionality (“Beta Features”).
Beta Features are provided “AS IS” and may be modified, interrupted, or discontinued at any time without notice. Vinyl Health makes no guarantees regarding Beta Features and disclaims all warranties relating to them.
18. Subscriptions and Payments
Certain aspects of the Services may require payment, subscription plans, or in-app purchases. By purchasing a subscription or paid feature, you authorize Vinyl Health and its payment processors to charge your selected payment method.
Unless otherwise stated:
Subscription fees renew automatically until canceled;
Fees are non-refundable except as required by law;
Pricing may change with notice; and
You are responsible for applicable taxes.
Subscriptions purchased through Apple App Store or Google Play are subject to the applicable platform billing policies.
19. Additional Terms for Mobile Applications
To use any mobile application (“App”), you must have a compatible mobile device. Vinyl Health does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider. You are solely responsible for any such charges. We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the App on one or more mobile devices owned or controlled solely by you, in accordance with these Terms. You may not: (a) modify, disassemble, decompile, or reverse engineer any App, except to the extent that such restriction is expressly prohibited by applicable law; (b) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any App to any third-party; (c) make any copies of any App; (d) remove, circumvent, disable, damage, or otherwise interfere with security-related features of any App; or (e) delete the copyright or other proprietary rights notices on any App. You consent to automatic upgrades of the App, and these Terms will apply to all such upgrades.
iOS App. With respect to any App acquired from the Apple App Store (“iOS App”): These Terms are solely between you and Vinyl Health, not Apple, Inc. (“Apple”), and Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the Apple Media Services Terms and Conditions. Apple has no obligation to furnish maintenance or support services for the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); Apple has no other warranty obligation with respect to the iOS App. Apple is not responsible for addressing any claims relating to the iOS App or your possession or use of it. In the event of a third-party intellectual property infringement claim related to the iOS App, Vinyl Health, not Apple, will be solely responsible for investigation, defense, settlement, and discharge of such claim. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they relate to the iOS App.
Android App. With respect to any App acquired from the Google Play Store (“Android App”): (a) these Terms are between you and Vinyl Health only, and not Google LLC or any affiliate thereof (collectively, “Google”); (b) your access to and use of the Android App must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of the Google Play Store; (d) Vinyl Health, and not Google, is solely responsible for the Android App; (e) Google has no obligation or liability to you with respect to the Android App or these Terms; and (f) Google is a third-party beneficiary to these Terms as they relate to the Android App.
20. Third-Party Services
The Services may integrate with or contain links to third-party websites, applications, Healthcare Providers, payment processors, APIs, electronic medical record systems, or services (“Third-Party Services”).
Vinyl Health does not control and is not responsible for Third-Party Services, including their availability, content, accuracy, privacy practices, or terms.
Your use of Third-Party Services is at your own risk and subject to the applicable third-party terms.
21. Privacy and Security
Your use of the Services is also governed by our Privacy Policy.
22. DMCA and Copyright Complaints
Vinyl Health respects intellectual property rights.
If you believe content available through the Services infringes your copyright rights, you may submit a DMCA notice to:
Vinyl Health Legal Team
Email: legal@vinylhealth.ai
Your notice must include sufficient information required under applicable copyright laws to identify the allegedly infringing material and your ownership rights.
23. Termination
You may stop using the Services or delete your account at any time.
We may suspend or terminate your access immediately, with or without notice, if:
You violate these Terms;
Your use creates legal, regulatory, or security risks;
We are required by law; or
We discontinue the Services.
If we discontinue the Services, we will use reasonable efforts to permit you to export any health records and personal information maintained by us for a period of thirty (30) days from when the Services are discontinued.
Upon termination:
Your right to use the Services immediately ceases; and
We may retain or delete information in accordance with applicable law and our Privacy Policy.
Sections that by their nature should survive termination will survive.
24. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VINYL HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
WITHOUT LIMITING THE FOREGOING, VINYL HEALTH DOES NOT WARRANT THAT:
THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
THE SERVICES OR OUTPUTS WILL BE ACCURATE OR RELIABLE;
DEFECTS WILL BE CORRECTED; OR
THE SERVICES ARE FREE FROM VIRUSES OR HARMFUL COMPONENTS.
YOU USE THE SERVICES AT YOUR OWN RISK.
Without limiting any of the foregoing, Vinyl Health makes no warranty or representation and disclaims all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility of the Services with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, your User Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from Vinyl Health or through the Services, will create any warranty or representation not expressly made herein.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties. Accordingly, some of the disclaimers set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the Services or with these Terms, your sole and exclusive remedy is to discontinue use of the Services.
25. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VINYL HEALTH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, DATA LOSS, BUSINESS INTERRUPTION, OR PERSONAL INJURY ARISING OUT OF OR RELATING TO THE SERVICES.
IN NO EVENT SHALL VINYL HEALTH’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE GREATER OF:
THE AMOUNT YOU PAID TO VINYL HEALTH IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
ONE HUNDRED U.S. DOLLARS ($100).
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you or be enforceable with respect to you.
26. Release
To the maximum extent permitted by law, you release Vinyl Health from claims, demands, and damages arising out of disputes between you and third parties, including Healthcare Providers, caregivers, and any entity that you have shared your Vinyl record with.
27. Indemnification
You agree to defend, indemnify, and hold harmless Vinyl Health and its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including attorneys’ fees, arising out of or related to:
Your use of the Services;
Your User Content;
Your recordings or information sharing;
Your violation of these Terms or applicable law; or
Your infringement of third-party rights.
28. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.
The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below.
29. Arbitration Agreement and Class Action Waiver
Agreement to Arbitrate
You and Vinyl Health agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively through final and binding arbitration on an individual basis, except where prohibited by law.
Informal Resolution
Before initiating arbitration, either party must first attempt to resolve the dispute informally by sending to the other party, by certified mail or email, a written Notice of Dispute (“Notice”). The Notice to Vinyl Health should be sent to 103 Rt 70 East, Suite 2, PMB #156, Marlton, NJ 08053 with a copy to legal@vinylhealth.ai. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Vinyl Health and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Vinyl Health may commence an arbitration proceeding.
Arbitration Process
If a dispute cannot be resolved informally within sixty (60) days, the dispute shall be resolved through binding arbitration administered by JAMS or another mutually agreed arbitration provider.
Arbitration shall occur in New Jersey and be based on Delaware law unless otherwise required by law or agreed by the parties.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Class Action and Jury Trial Waiver
YOU AND VINYL HEALTH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING.
Claims may only be brought on an individual basis.
Equitable Relief
Nothing in this section prevents either party from seeking injunctive or equitable relief relating to intellectual property, confidentiality, data security, or unauthorized access.
Severability of Arbitration Provisions
If the arbitration agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of the arbitration agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining claims on an individual basis. Notwithstanding the foregoing, if the class action/jury trial waiver above is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration will be arbitrated under these terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
30. California Residents
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
31. Export Controls and Compliance
You represent and warrant that:
You are not located in a sanctioned jurisdiction;
You are not prohibited from using the Services under applicable export control or sanctions laws; and
You will comply with all applicable export and trade laws.
32. Assignment
You may not assign or transfer these Terms without our prior written consent.
Vinyl Health may assign or transfer these Terms without restriction.
In connection with a merger, acquisition, financing, sale of assets, bankruptcy, or other business transaction involving all or a portion of our assets or business, user information may be transferred as part of or in connection with the transaction. Where possible, Vinyl Health will notify you in advance of such a transaction, and you will be offered an opportunity to export your records.
33. Changes to These Terms
We may update these Terms from time to time.
If material changes are made, we may provide notice through the Services, email, or other reasonable means. You can determine whether the Terms have been modified by checking the “Last Updated” legend at the top of these Terms.
Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.
34. Entire Agreement
These Terms, together with our Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and Vinyl Health regarding the Services.
If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
35. No Waiver
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
36. Contact Information
Vinyl Health Legal Team
Email: legal@vinylhealth.ai
Mailing Address: Vinyl Health Inc. 103 Rt 70 East, Suite 2, PMB #156, Marlton, NJ 08053