Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Virtual Software mobile application, website, software, and related services provided by Virtual Software Inc. (“Virtual Software,” “we,” “us,” or “our”).

Virtual Software provides users with a way to access and display certain healthcare-related information, including information made available through supported healthcare data sources, health plans, government programs, or authorized third-party systems. Our Services are intended to help users view and manage access to their own information. We do not provide medical advice, diagnosis, treatment, insurance advice, or emergency services.

By accessing or using Virtual Software, you agree to these Terms. If you do not agree, do not use the Services.

1. Who May Use the Services

“You” means any individual who accesses or uses the Services. You may use the Services only if you can legally form a binding contract with us and only in compliance with these Terms and applicable law.

Our Services are not directed to children. You may not use the Services if you are under 13 years old. If you are under the age of majority where you live, you may use the Services only with permission and supervision from a parent or legal guardian.

2. Your Account

To use certain parts of the Services, you may need to create an account or verify your identity. You agree to provide accurate, complete, and current information.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity under your account. You agree not to share your login information or allow unauthorized access to your account.

You must notify us immediately if you believe your account has been accessed without authorization or if there has been any other security issue.

We may suspend, limit, or disable your account if we believe your account has been compromised, if your information cannot be verified, or if you violate these Terms.

3. Healthcare Information Displayed Through the Services

Virtual Software may display healthcare-related information made available from third-party sources, such as health plans, government programs, healthcare providers, APIs, or other authorized data systems.

You understand that:

• We do not create most of the healthcare information displayed through the Services.

• We do not guarantee that all information is complete, accurate, current, or error-free.

• Healthcare information may be delayed, incomplete, unavailable, or different from information maintained by your provider, health plan, or government program.

• You should contact the relevant provider, health plan, agency, or data source if you believe information is inaccurate or missing.

Virtual Software is not a substitute for professional medical advice. Always consult a qualified healthcare provider regarding medical questions, diagnosis, treatment, prescriptions, test results, or care decisions.

4. No Medical Advice or Emergency Services

The Services are for informational and access purposes only.

Virtual Software does not provide:

• medical advice;

• diagnosis;

• treatment;

• medical decision-making;

• insurance eligibility determinations;

• benefits decisions;

• emergency services; or

• provider-patient relationships.

Do not use the Services for emergencies. If you believe you are experiencing a medical emergency, call 911 or seek immediate medical attention.

5. Your Responsibilities

You agree that your use of the Services will:

• comply with these Terms and all applicable laws;

• involve only your own information or information you are legally authorized to access;

• not involve impersonating another person;

• not involve attempting to access another user’s account or data;

• not interfere with or disrupt the Services;

• not attempt to reverse engineer, scrape, overload, attack, or compromise the Services;

• not upload, transmit, or introduce malware, harmful code, or unauthorized automated tools;

• not use the Services for unlawful, fraudulent, abusive, or harmful purposes.

You are responsible for the devices, networks, passwords, and systems you use to access Virtual Software.

6. Privacy and Health Data

Our collection, use, and disclosure of information is described in our Privacy Policy.

Because the Services may involve health-related information, we take privacy and security seriously. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

Depending on how the Services are used and how data is obtained, certain health privacy laws, including HIPAA or other federal and state privacy laws, may apply. Where required, we will handle protected health information in accordance with applicable legal obligations and agreements.

You agree not to use the Services to access or disclose another person’s health information unless you have legal authority to do so.

7. Third-Party Services and Data Sources

The Services may rely on or connect with third-party systems, APIs, health plans, healthcare providers, government agencies, identity verification services, cloud providers, analytics tools, or other technology providers.

We do not control third-party services or data sources. We are not responsible for their availability, accuracy, security, policies, decisions, or practices.

Your use of third-party services may be subject to their own terms, privacy policies, and legal requirements.

8. Fees and Payment

The Services may currently be free or may include paid features in the future.

If we offer paid services, we will disclose the applicable fees before you purchase. By purchasing a paid service, you agree to pay the stated fees and any applicable taxes.

We may change pricing or introduce paid features in the future, but any changes will apply going forward.

9. Feedback

If you send us comments, suggestions, ideas, or feedback, you agree that we may use them without restriction, compensation, or obligation to you.

10. Intellectual Property

The Services, including our software, design, branding, logos, graphics, text, features, and technology, are owned by Virtual Software Inc. or our licensors.

These Terms do not transfer any ownership rights to you. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Services except as permitted by law or with our written permission.

“Virtual Software” and related names, logos, and branding are trademarks or service marks of Virtual Software Inc. You may not use them without our permission.

11. User Content and Information

You may provide information through the Services, including account information, support requests, or other content.

You retain any rights you have in information you provide. You grant us a limited license to use, process, transmit, store, and display that information only as needed to provide, secure, maintain, improve, and support the Services, and as otherwise described in our Privacy Policy.

You represent that you have the right to provide any information you submit to the Services.

12. Service Availability

We may update, change, suspend, or discontinue all or part of the Services at any time. We do not guarantee that the Services will always be available, uninterrupted, secure, or error-free.

We may also limit access to the Services for maintenance, security, legal, operational, or technical reasons.

13. Changes to These Terms

We may modify these Terms from time to time. If we make changes, we may notify you by posting the updated Terms, updating the “Last Updated” date, sending notice through the Services, or using another reasonable method.

Changes apply going forward. Your continued use of the Services after changes become effective means you accept the updated Terms.

If you do not agree to the updated Terms, you must stop using the Services.

14. Termination

You may stop using the Services at any time.

We may suspend or terminate your access to the Services at any time if we believe you violated these Terms, created risk for us or others, used the Services unlawfully, or if continued access is no longer commercially, legally, or technically feasible.

After termination, certain sections of these Terms will continue to apply, including intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

15. Disclaimers

The Services are provided “as is” and “as available.”

To the maximum extent permitted by law, Virtual Software Inc. disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and security.

We do not warrant that:

• the Services will be uninterrupted or error-free;

• healthcare information displayed through the Services will be complete, accurate, or current;

• third-party systems will remain available;

• the Services will meet your specific needs;

• defects will be corrected.

You use the Services at your own risk.

16. Limitation of Liability

To the maximum extent permitted by law, Virtual Software Inc., its officers, directors, employees, contractors, agents, partners, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of data, loss of profits, loss of goodwill, service interruption, device failure, or unauthorized access.

To the maximum extent permitted by law, our total liability for any claim related to the Services or these Terms will not exceed the greater of:

1. the amount you paid to Virtual Software for the Services in the twelve months before the claim arose; or

2. $100.

Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.

17. Indemnification

You agree to indemnify and hold harmless Virtual Software Inc., its officers, directors, employees, contractors, agents, partners, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:

• your use of the Services;

• your violation of these Terms;

• your violation of applicable law;

• your unauthorized access to or disclosure of another person’s information;

• information you provide through the Services;

• your misuse of healthcare data displayed through the Services.

18. Governing Law

These Terms and your use of the Services will be governed by the laws of the State of North Carolina, excluding its conflict of law rules, unless applicable law requires otherwise.

Any dispute arising out of or relating to these Terms or the Services will be brought in the state or federal courts located in North Carolina, unless applicable law requires a different venue.

19. Contact

If you have questions about these Terms, contact us at:

Virtual Software Inc.

Email: info@myvirtualsoftware.com