Back
Request a Demo


Introduction

This is a contract between you and Vivo Care Inc. By accessing or using all or any part of the Services (defined below), you agree to be bound by these Terms of Use and our Privacy Policy. If you do not wish to be bound by any of our terms, do not use the Services and delete any files downloaded to your device.

  1. You are at least 18 years old, have been legally emancipated, or are otherwise legally qualified to enter a binding contract with Vivo Care on behalf of yourself or another person;
  2. You understand and agree to abide by these Terms and our Privacy Policy at all times while using the Platform;
  3. You will use the Services in a manner consistent with applicable laws and regulations, these Terms, and our Privacy Policy, as they may be amended by Vivo Care from time to time; 
  4. You understand that using the Services to request, receive, offer, or provide emergency or urgent care or treatment is prohibited;
  5. You are legally authorized to view and share with us health data and other Personal Data (defined in our Privacy Policy); and
  6. You are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

Definitions

The following definitions apply to capitalized words and phrases used throughout these Terms and our Privacy Policy. Capitalized words and phrases used but not defined in this section may be defined later in these Terms or in our Privacy Policy.

  • “Platform” means the Vivo Care Remote Care software platform and all associated content and functionality.
  • “Privacy Policy” means the terms and conditions described at https://vivocaresolutions.com/privacy-policy/, which, though found on a separate webpage, are part of these Terms of Use.
  • “Services” means the Website and Platform along with any added software, products, or services that we make available to you from time-to-time.
  • “Terms of Use” or “Terms” means all the rules and obligations applicable to Users and Visitors, including the Privacy Policy.
  • “User”, “you”, and “your” refer to any individual or legal entity accessing and/or using the Platform for any purpose.
  • “Visitor” means an individual or other legal entity accessing or using the Website for any purpose.
  • “we”, “us”, “our”, and “Vivo Care” refer to Vivo Care Inc.
  • “Website” means the public-facing materials accessible at www.vivocaresolutions.com.

Important Notices

MEDICAL EMERGENCIES

The Services are not intended to address emergent or urgent medical situations. You are strictly prohibited from using the Services to provide emergency or urgent care to your patients. 

ARBITRATION NOTICE

Except if you opt-out and except for certain types of disputes described in the dispute resolution section of these Terms, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. You can opt-out of the arbitration agreement by contacting support@vivocaresolutions.com within 30 days of accepting these terms.

VOID WHERE PROHIBITED

This agreement is void where prohibited by law. 

ADDITIONAL CHARGES MAY APPLY

You understand that your use of the Services may involve or require the transmission of significant amounts of data. You are responsible for all data charges that may be charged by your wireless carrier or internet service provider or that may otherwise arise from your use of the Services.

Services Overview

The Platform provides a convenient software tool for healthcare providers to (i) proactively monitor and manage their patients’ health conditions, (ii) track time spent providing remote care services to patients, and (iii) communicate with patients in real time. While the Platform allows you to track information that may be relevant to reimbursement claims that you submit to health insurance payors, all such information is for informational purposes only and does not guarantee reimbursement of any services.

The Website provides informational and educational materials about the Platform, the treatment services it supports, and Vivo Care. The Website also allows Visitors to submit inquiries to Vivo Care representatives about the Platform or Vivo Care’s services and access any other information and content we choose to publish or make available from time-to-time.

Access

Vivo Care owns the Services, including all content and functionality you access through the Services. Subject to your compliance with these Terms, Vivo Care grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services solely for the purposes described above, in accordance with these Terms, and in compliance with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, including our Privacy Policy.

User Registration

You must create an account to access the Platform. To do so, enter the requested demographic information (e.g., name, email address, contact information, role, and licensure information) in the Platform (collectively, your “Registration Data”) and create a password. You are responsible for the ongoing accuracy of your Registration Data and agree to update your information as needed to ensure it remains accurate at all times. To change or correct your Registration Data at any time, contact support@vivocaresolutions.com.

Your Personal Data

You own your Personal Data (as defined in Our Privacy Policy). For us to provide you with the Services, you grant to Vivo Care a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your Personal Data for the purpose of providing you access to the Services, subject only to our agreement with your employer (if applicable), applicable law, and our Privacy Policy. 

Use Restrictions

While using the Services, you shall not:

  1. Provide false, misleading, or inaccurate information to us or any other User;
  2. Use the Services (i) for any commercial purpose; (ii) for the benefit of any unauthorized third-party; or (iii) in any manner not permitted by these Terms;
  3. Impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
  4. Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Services for any use, including, without limitation, use on third-party websites, without our consent;
  5. Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to use the Services;
  6. Access content or data not intended for you, or log onto a server or account that you are not authorized to access;
  7. Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
  8. Attempt to probe, scan, or test the vulnerability of the Services or any associated system or network, or breach security or authentication measures without proper authorization;
  9. Interfere or attempt to interfere with the use or functionality of the Services by any other user, host, or network, including, without limitation, by means of submitting a virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
  10. Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Services;
  11. Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  12. Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  13. Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  14. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us, you, or any other third-party (including another user) to protect the Services;
  15. Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Services. Any violation of this section may subject you to civil and/or criminal liability;
  16. 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 us or users of the Services or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Services;
  17. Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with the Services or any other party’s use of the Services;
  18. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or
  19. Encourage or enable any other individual to do any of the above.

Vivo Care is not obligated to monitor your use of the Services, but we may do so to ensure your compliance with these Terms and/or to respond to law enforcement or other government agencies when we are required to. 

Protecting your Login Information

You are solely responsible for (i) maintaining the strict confidentiality of your password, (ii) not allowing another person to use your login credentials to access or use the Services, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur in your account, regardless of whether you were aware of those activities. You agree to immediately notify Vivo Care in writing by email of any attempted or successful unauthorized use of your login information or any other compromise of the security of your User Profile. By using the Services, you agree to be held liable for any losses incurred by Vivo Care and/or its affiliates, officers, directors, and representatives due to any unauthorized use of your account or password, regardless of whether you were aware of such use.

How does Vivo Care protect your privacy?

Vivo Care values your privacy and is committed to keeping your Personal Data confidential. Please see our Privacy Policy for an explanation of our privacy practices, the data we collect from you, how we use that data, and your rights regarding your data. 

Computer equipment and internet access

You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, “Systems”) necessary for you to access and use the Services. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. we are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems.

Communications

We may send communications, including emails, to you regarding your patients and/or your use of the Services. These communications are essential for us to provide you with access to the Services, so you may not opt-out of receiving these communications. However, you can configure your device notification settings to control or limit how and when you receive notifications regarding any communications from us.

If you consent to receive marketing or other communications not essential to your use of the Services, we will provide you with the option to opt out of such marketing communications within the applicable message.

Third parties and third-party sites

In the course of using the Services, you may be introduced to areas or features of the Services that allow you to access websites that do not belong to and are not controlled by us (collectively, “Third-Party Sites”). If you choose to access one of these Third-Party Sites, you will leave our Platform and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that Third-Party Sites may, and often do, have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-Party Rules”) than us, and that your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites. 

YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“Third Party Matters”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.

Any reference in the Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply our endorsement or recommendation.

Third-Party Services

To the extent any features, aspects, products, or services accessed within or through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), you may be subject to additional terms and conditions. To the extent applicable, you will receive a notification and have the opportunity to accept such terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.

In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. If you do not understand or do not agree to the terms of a third-party service provider’s privacy policy or terms of use, you should not use the related third-party services. We will not, under any circumstances, be responsible or liable for any of your information collected or used by third-party service providers.

Intellectual Property Rights

“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including(i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

As between you and us, all right, title, and interest, including all Intellectual Property Rights, in the Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by Vivo Care or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

No Warranties

Vivo Care explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of course of dealing or usage of trade.

The Services are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Vivo Care makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Vivo care makes no warranty regarding the quality of any products, application, or materials accessed or purchased through the application or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services.

No advice or information, whether oral or written, obtained from Vivo Care or through the Platform or materials, will create any warranty not expressly made in these terms. You are solely responsible for all of your communications and interactions with the Services and with other persons with whom you communicate or interact as a result of your use of the Services, including, without limitation, patients and other authorized third parties.

Vivo care cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. Vivo care cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings. It is your responsibility to backup any information you enter into the Platform.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services remains with you. Neither Vivo Care or any other person or entity involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary, or consequential damages, including list profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or applications, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the Services, or from any communications, interactions, or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Vivo Care has been informed of the possibility of such damage, even if a limited remedy set forth in these terms is found to have failed in meeting its essential purpose.

If you are dissatisfied with the Services or these terms, your only remedy is to discontinue using the Services.

VIVO CARE IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED IN THE SERVICES. VIVO CARE IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY YOUR NEGLIGENCE OR MISCONDUCT, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, VIVO CARE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS VIVO CARE AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTIES DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by e-mailing us at support@vivocaresolutions.com. You acknowledge and agree that we own all Feedback you provide to us. If, by operation of law, Vivo Care is unable to claim ownership of any Feedback you submit, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose. For consumer inquiries, complaints, or to review, request deletion of, or opt out of certain data collection, you may contact us at support@vivocaresolutions.com.

Account suspension, termination, and deletion

If you breach any of these Terms, we may temporarily or permanently suspend, disable, or terminate your access to the Services without prior notice to you. Further, we reserve the right to terminate your access to and use of the Services and materials at any time, with or without cause unless otherwise prohibited by law. If you wish to suspend or delete your account, you may do so by contacting us at support@vivocaresolutions.com.

Dispute resolution (*THIS SECTION AFFECTS YOUR RIGHTS*)

Unless you opt-out of this dispute resolution section:

  • You waive any right to a jury trial in connection with any action or litigation related to your use of the Services.
  • You expressly waive your right to file a claim or participate as a member in a class, consolidated, or representative action against Vivo Care or any of its affiliates.

You agree that any dispute between you and Vivo Care arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. we want to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This Dispute Resolution section may be modified by written agreement between you and Vivo Care.

Step 1 – Informal Discussion

Before filing a claim against Vivo Care, you agree to try to attempt to resolve the dispute informally by contacting support@vivocaresolutions.com. Most user concerns can be resolved quickly and to your satisfaction through email.

Step 2 – Arbitration

In the unlikely event that our support team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), you agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Health Lawyers Association (“AHLA”).

Arbitration Procedure

You and Vivo Care agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by you, one (1) arbitrator is selected by Vivo Care, and the third (3rd) arbitrator is selected by mutual consent of you and Vivo Care. If you and Vivo Care cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.

The arbitration shall be conducted by telephone, online, and/or via written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.

Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.

Cost of Arbitration

You and Vivo Care shall each pay 50% of all arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.

Arbitration Exceptions

Vivo Care may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.

Dispute Resolution Opt-out

You can decline or “opt out” of the alternative dispute resolution process described above by contacting support@vivocaresolutions.com within 30 days of first accepting these Terms and stating that you (first and last name) decline this dispute resolution process.

If you opt out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, you submit to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and you hereby waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.

Non-waivable consumer rights 

Nothing in these Terms is intended to limit any non-waivable consumer rights under the laws of your place of residence. To the extent any provision of these Terms conflicts with such mandatory laws, that provision will be modified only to the minimum extent necessary to comply with applicable law.

Changes to the Services and Terms

We may update, modify, or discontinue all or part of the Services or these Terms from time to time. We will notify you of material changes by email and/or by posting on the Services. If you do not agree to updated Terms or changes to the Services, you should stop using the Services. 

Entire Agreement

These Terms, our Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between Vivo Care and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Vivo Care and you regarding the Services.

Governing Law

These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions, except that mandatory consumer protection laws of your place of residence will apply to the extent they cannot be waived.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Vivo Care’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Vivo Care may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices

Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by Vivo Care via email (in each case to the address that you provide); and/or (ii) by posting to the Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from Vivo Care electronically satisfies any legal requirement that such notice be in writing. You alone are responsible for ensuring that your email address on file with Vivo Care is accurate and current, and notice to you shall be deemed effective upon the sending of an email to the address we have on file. Where required by applicable law or Platform policies, we will provide reasonable advance notice of material changes.

You shall give any notice to Vivo Care by email to: support@vivocaresolutions.com. Notice to Vivo Care shall be effective upon receipt of notice by Vivo Care.

No Inadvertent Waiver

The failure of Vivo Care to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Vivo Care.

Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.

Remedies

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

Contacting Vivo Care

Please feel free to contact us if you have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us at support@vivocaresolutions.com, or at our mailing address:

Vivo Care Inc.

6300 Bridge Point Pkwy 

Building 1, Suite 480

Austin, TX 78730

Last Updated: September 2025