Terms of Service

These Terms of Service (“Terms”) govern your access to and use of vitely.health and any services we provide (the “Service”), operated by Magrack LLC, a Nevada limited liability company doing business as “Vitely Health” (“Vitely,” “we,” “us,” or “our”).

By accessing or using Vitely, you agree to these Terms. If you do not agree, do not use the Service.

1. What Vitely is and is not

Vitely is an online directory and AI-powered search platform that helps patients find licensed telehealth providers based on insurance, specialty, and state licensure.

Vitely is not a healthcare provider. We do not deliver medical care. We do not give medical advice. We do not diagnose, treat, or prescribe. Information on Vitely is for general informational purposes and is not a substitute for professional medical advice, diagnosis, or treatment.

Vitely is not a HIPAA covered entity. We do not collect, store, or process protected health information.

Vitely does not employ, contract with, or supervise any provider listed on the platform. Each provider is independently licensed and operates their own practice. Vitely does not endorse, recommend, or guarantee the quality, competence, or fitness of any provider.

2. Provider-patient communication

Vitely displays provider contact information (email, phone, booking link) on provider profiles. When a patient clicks any of these contact links, they are connected directly with the provider through their own email client, phone, or the provider's external booking platform. Vitely does not facilitate, route, store, or have any access to the content of these communications.

Because Vitely does not handle the content of patient-provider communication, we are not a HIPAA covered entity or business associate with respect to those communications. Providers are independently responsible for HIPAA compliance and the security of their own email accounts, phone systems, and booking platforms.

Vitely records anonymous click counts on contact links (e.g., "this provider received 12 email clicks in the last 30 days") for the purpose of provider analytics. We do not record patient identity, message content, call duration, or whether a click resulted in an appointment.

3. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use Vitely. By using the Service, you represent that you meet this requirement.

4. For patients

Vitely is free for patients to search and use. You are responsible for verifying any information about a provider directly with that provider, including current licensure, insurance acceptance, services offered, and availability. We make reasonable efforts to keep listings accurate but make no warranty as to accuracy, completeness, or timeliness of provider information.

Any decision to seek care from a provider listed on Vitely is your own. Vitely is not responsible for the care, treatment, advice, billing practices, or conduct of any provider you contact through the Service.

5. For providers

If you are a licensed healthcare provider, you may claim your profile on Vitely by paying the applicable subscription fee. By claiming a profile, you represent and warrant that:

• You are the licensed provider whose profile you are claiming, or are authorized to act on their behalf
• You hold all licenses, certifications, and registrations required to practice in the states listed on your profile
• The information you provide (bio, services, insurance, booking link, etc.) is accurate and current
• You will keep your profile information up to date
• You comply with all applicable laws governing telehealth, advertising, and your professional conduct

Falsely claiming a profile that is not yours is grounds for immediate termination, refund denial, and possible legal action.

6. Subscription plans and billing

Provider subscription tiers are described on our pricing page at vitely.health/providers/pricing. Prices are listed in U.S. dollars. By subscribing, you authorize Vitely (through Stripe) to charge your payment method on a recurring basis according to the plan you select (annual or monthly).

Subscriptions automatically renew at the end of each billing period unless cancelled. Founding member pricing is locked in for the lifetime of your continuous subscription. If you cancel and later resubscribe, founding pricing may no longer be available.

Verification of your provider profile is performed manually by our team and typically takes 1-2 business days after payment.

7. Refunds and cancellation

You may cancel your subscription at any time from your provider dashboard or by emailing [email protected]. Cancellation stops future billing; your subscription remains active through the end of the current paid period.

If we reject your verification application, we will issue a full refund automatically.

If you cancel within 30 days of an initial paid claim and have not received material patient inquiries through the Service, we will issue a full refund upon request.

Beyond 30 days, we do not generally issue prorated refunds for unused time on annual subscriptions, except as described in our upgrade policy (Stripe automatically issues prorated refunds when you upgrade tiers).

8. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose
• Misrepresent your identity, credentials, or licensure
• Scrape, harvest, or collect provider data in bulk without our written permission
• Reverse engineer, decompile, or attempt to extract source code
• Interfere with or disrupt the Service
• Submit false, misleading, or harassing content
• Use the Service to spam, defame, or harass others
• Use the Service in any way that violates HIPAA or any other applicable law

We may suspend or terminate your account at any time for violation of these Terms.

9. Intellectual property

Vitely, including its design, code, logos, and all original content, is owned by Magrack LLC and protected by U.S. and international copyright and trademark laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

Provider profile content (bios, photos, services descriptions) submitted by providers remains owned by those providers. By submitting content, you grant Vitely a non-exclusive, worldwide, royalty-free license to display, distribute, and promote that content as part of the Service.

10. Disclaimers

VITELY IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT PROVIDER LISTINGS WILL BE ACCURATE, COMPLETE, OR CURRENT.

WE DO NOT WARRANT THE QUALITY, SAFETY, OR LEGALITY OF ANY PROVIDER LISTED ON VITELY OR ANY CARE THEY MAY PROVIDE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VITELY AND MAGRACK LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO VITELY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify and hold harmless Vitely, Magrack LLC, and our officers, employees, and agents from any claim, damages, liability, or expense (including reasonable attorneys’ fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party right.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ends immediately. Sections of these Terms that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

14. Governing law and disputes

These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-laws principles. Any dispute arising from these Terms or your use of the Service will be resolved in the state or federal courts located in Washoe County, Nevada, and you consent to the personal jurisdiction of those courts.

15. Changes to these Terms

We may modify these Terms at any time. We will post the revised version here and update the “Last updated” date. Material changes will be communicated to account holders by email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Contact

Questions about these Terms? Email [email protected].

Magrack LLC, doing business as Vitely Health