Terms of Service
These Terms of Service ("Terms") govern the use of the VitalTrak mobile application and associated services (collectively, the "Application"), operated by Strukto LLC, with registered address at 5511 Parkcrest Drive, Austin, TX 78731, USA ("Strukto", "we", "us"). By installing, registering for, or using the Application, the user ("you", "User") represents having read and accepted these Terms.
1. Definitions
- Application: the VitalTrak mobile software distributed via App Store and Google Play, and its associated web services.
- Institution: hospital, clinic, or medical center customer that uses the Application to register and track surgical procedures.
- User: natural person using the Application under any of the available roles (clinic administrator, medical staff, family member, or anonymous user with access code).
- Patient: person whose surgical procedure is recorded in the Application by the Institution.
2. Service description
VitalTrak is a surgical coordination and tracking tool that lets Institutions register surgeries, advance stages (registration, preparation, in-surgery, recovery, discharge), assign medical staff, and notify authorized family members.
Important medical notice. VitalTrak is NOT a medical device, does not provide diagnoses, does not replace the clinical judgment of healthcare professionals, and is not designed to make treatment decisions. Information shown in the Application is informational and coordination-related. All medical decisions must be made by the Institution's medical personnel according to their professional judgment. In a medical emergency, contact emergency services or your Institution.
3. Eligibility
To use the Application you must be of legal age (18 years), or have the consent of your legal representative if you are a minor. Medical staff accounts require being an active healthcare professional of the relevant Institution.
4. User account
The User is responsible for maintaining the confidentiality of their access credentials and for all activity conducted from their account. You must notify Strukto and your Institution immediately if you suspect your account has been compromised.
Strukto may suspend or cancel accounts used for misuse, fraud, or in violation of these Terms.
5. Acceptable use
The User agrees to:
- Use the Application only for its intended purposes.
- Not enter false, misleading, or rights-infringing information.
- Not attempt to access patient or surgery information without authorization.
- Not reverse engineer, decompile, or extract source code from the Application.
- Not use the Application to send unsolicited communications, spam, or malware.
- Not interfere with server operation or data integrity.
6. Patient data and User role
Institutions, not Strukto, are responsible for patient medical records under applicable regulations. Medical staff who upload data to the Application represent doing so with the relevant authorization and under the Institution's responsibility. Strukto operates as a data processor on the Institution's instructions, as detailed in the Privacy Policy.
7. Intellectual property
The Application, its code, design, brand, logos, and associated materials are owned by Strukto or its licensors and are protected by applicable intellectual property laws. Strukto grants the User a limited, non-exclusive, revocable license to use the Application in accordance with these Terms.
8. Availability and maintenance
Strukto makes reasonable efforts to keep the Application available 24/7 but does not guarantee uninterrupted availability. Outages may occur due to scheduled maintenance, infrastructure provider failures, or force majeure events. Strukto will provide as much advance notice as possible for scheduled outages.
9. Limitation of liability
To the fullest extent permitted by applicable law, the Application is provided "as is" and "as available", without express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Strukto shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from the use of or inability to use the Application, including, without limitation, loss of data, delays in procedures, or clinical decisions made based on information displayed in the Application.
Strukto's aggregate liability to the User for any claim related to these Terms shall not exceed the amount actually paid by the User or their Institution to Strukto in the 12 months preceding the event giving rise to the claim.
10. Indemnification
The User shall indemnify and hold harmless Strukto, its officers, employees, and agents against any claim, damage, or expense (including reasonable legal fees) arising from misuse of the Application, breach of these Terms, or infringement of third-party rights by the User.
11. Termination
The User may stop using the Application at any time and request account deletion as described in Account deletion. Strukto may terminate the User's access in case of breach of these Terms, legal requirement, or discontinuation of the service. Termination does not affect provisions that by their nature should survive (liability, intellectual property, governing law).
12. Modifications
Strukto may modify these Terms to reflect legal, operational, or technological changes. The current version is published at https://vitaltrak.strukto.tech/terms/en/. For material changes, Strukto will notify registered users. Continued use of the Application after publication constitutes acceptance of the modified Terms.
13. Governing law and jurisdiction
These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict-of-laws principles. For users in Mexico, mandatory provisions of Mexican consumer protection and personal data protection law shall apply preferentially.
Any dispute arising from these Terms will first be attempted to be resolved amicably via info@strukto.tech. Failing agreement, the parties submit to the competent courts of Travis County, Texas, unless mandatory law of the User's domicile provides for a different forum.
14. General provisions
If any provision of these Terms is invalid or unenforceable, the remaining provisions shall remain in full effect. Strukto's failure to exercise any right under these Terms shall not constitute a waiver of such right. These Terms, together with the Privacy Policy, constitute the entire agreement between the parties regarding the use of the Application.
15. Contact
Strukto LLC
5511 Parkcrest Drive, Austin, TX 78731, USA
Email: info@strukto.tech