Terms of Use

Last updated: 01 October 2025

DO NOT USE THE SERVICES TO COMMUNICATE OR MANAGE MEDICAL EMERGENCIES. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY (E.G., 911 IN THE U.S., 112 IN THE EU/SWITZERLAND, 999 OR 112 IN THE UK) OR SEEK URGENT IN-PERSON CARE.

These Terms of Use (or “Terms”) are entered into between you and Virgil Health LLC, including any current and/or future affiliates (collectively, “Virgil Health,” “we,” “us,” or similar terms) and constitute a legally binding agreement between you and Virgil Health. “You,” “your,” and similar terms refer to you, as an individual, as well as the business or entity on whose behalf you are using or visiting this website, as well as any person or entity that has rights through you.

TRADER IDENTITY & CONTACT

Virgil Health LLC, 30 N Gould St, Ste R, Sheridan, WY 82801, USA. Email: info@virgilhealth.care. If you are located in the EU/EEA, Switzerland, or the UK, this information is provided in accordance with applicable transparency and consumer information requirements.

DEFINITIONS

“Services” means the Website, platform features (including access to scheduling or communications tools), any multi-session packages, digital content, and any other non-clinical products or services provided by Virgil Health. Clinical consultations, diagnosis, treatment, prescribing, or other professional activities, if any, are provided by independent clinicians under separate terms, not as part of the Services.
“User” or “you” means any individual who accesses or uses the Services, and any business or entity on whose behalf the Services are accessed.
“Addendum” or “Addenda” means the jurisdiction-specific supplement to these Terms that sets out additional rights and obligations for Users resident in certain countries.
“Website,” “site” or similar terms means this website, with a home page located at www.virgilhealth.care, and all subordinate pages.

PRE-CONTRACT INFORMATION FOR BOOKING SERVICES

Before you confirm a booking request made via the platform, we will clearly provide: (i) the main characteristics of the booked time slot or session; (ii) the total price including applicable taxes/fees; (iii) accepted payment methods; (iv) the expected duration or validity of the booking or any package; (v) the steps required to conclude the booking; (vi) the languages available; and (vii) how to contact us with complaints. Where a booking connects you with an independent clinician, any identity and professional disclosures are presented by that clinician under separate terms at the point of care.

YOUR AGREEMENT TO THESE TERMS OF USE INCLUDES AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISPUTES, A CLASS ACTION WAIVER, INDEMNIFICATION OBLIGATIONS AND LIMITATIONS OF LIABILITY, AS DESCRIBED FURTHER BELOW. These provisions affect your rights and remedies under these terms. Please review them carefully before accessing or using the services or making any purchases.

THE SERVICES AND ALL CONTENT CONTAINED THEREIN ARE THE PROPERTY OF VIRGIL HEALTH, LLC, ITS AFFILIATES AND RELATED ENTITIES, AND ITS LICENSORS AND ARE PROTECTED BY INTERNATIONAL AND U.S. COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY LAWS. VIRGIL HEALTH TAKES THE INFRINGEMENT OF ITS INTELLECTUAL PROPERTY RIGHTS VERY SERIOUSLY AND RESERVES ALL RIGHTS TO TAKE APPROPRIATE ACTION TO TERMINATE ANY SUCH INFRINGEMENTS.

NOT MEDICAL ADVICE

The information shared by Virgil Health, through its website or online presence, including www.virgilhealth.care and all texts, graphics, images or other material, is for informational purposes only and may not be appropriate or applicable for your individual circumstances. The Services do not provide medical, professional, or licensed advice and are not a substitute for consultation with a health care professional. You should seek medical advice from a qualified health care professional for any questions. Do not use the Services for medical diagnosis or treatment. None of the content on the Services represents or warrants that any particular device, procedure, or treatment is safe, appropriate, or effective for you. To the extent that Virgil Health provides any explicit or implied recommendation of any particular product or service, such recommendation is only a general recommendation that is not specific to any particular person or illness.

Your reliance on any information on the Services is solely at your own risk. Virgil Health makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information on the Services. We reserve the right to withdraw or amend the Services, and material we provide on the Services, in our sole discretion without notice.

NO PATIENT RELATIONSHIP

Your use of the Services does not create a physician–patient or other provider–patient relationship.

PLATFORM SCOPE; INDEPENDENT CLINICIAN SERVICES

These Terms govern your use of Virgil Health’s platform, informational/wellness content, and related non-clinical services (the “Services”). If you choose to engage with a licensed clinician through tools accessible from the Services (including any third-party platform), any clinical consultation, diagnosis, treatment, prescribing, or other professional activity is provided by that clinician, not by Virgil Health, and is governed by separate consents and agreements presented at the point of care. For residents of the EU/EEA, Switzerland, the UK, India, or Australia, see the applicable Addendum.

TELEMEDICINE CONSENT (IF APPLICABLE)

If you proceed to a clinical telemedicine encounter (not provided by Virgil Health), you will be presented with separate consents and disclosures governing that encounter (including, for U.S. users only, HIPAA Notice of Privacy Practices acknowledgments). Clinical care will not be provided unless you accept those separate terms.

CROSS-BORDER USE

The Services may be provided from locations outside your country. This is not an offer to practice a regulated profession where a participating clinician is not permitted to do so. Nothing in this clause limits any mandatory consumer rights under local law; for residents of the EU/EEA, Switzerland, the UK, India, or Australia, see the applicable Addendum.

PRESCRIPTIONS (NO GUARANTEE; SEPARATE CLINICAL RELATIONSHIP, WHERE APPLICABLE)

No interaction initiated via the platform with an independent clinician guarantees any prescription. Where permitted by law and only in a separate clinical relationship, any prescribing decision is made by the participating clinician in their independent professional judgment. Prescriptions will not be facilitated where prohibited or restricted by applicable law.

THIRD-PARTY PLATFORMS (E.G., HEALTHIE) AND TECHNOLOGY ALLOCATION

The Services may rely on third-party platforms and service providers (e.g., video, EHR, messaging, payments). Virgil Health does not control their availability or performance and, to the extent permitted by law, is not liable for outages, delays, or failures attributable to those third parties or to your device, software, or connectivity. Access to any independent clinician via a third-party platform does not imply Virgil Health’s supervision or control of that clinician’s professional judgment.

PRIVACY AND HEALTH INFORMATION

Personal data processed through the platform is handled under our Privacy Policy. Where protected health information (PHI) is processed in connection with a separate clinical encounter, it is handled under our HIPAA Notice of Privacy Practices (for U.S. users) and, for non-U.S. clinical encounters, under any clinician-presented notices required by applicable law.

ACCURACY OF INFORMATION

You must provide complete and accurate information, including relevant history, symptoms, medications, and allergies, and promptly update it if anything changes.

If information you provide is materially inaccurate or incomplete or indicates that use of the Services is not appropriate, Virgil Health may suspend or restrict access to scheduling features until the issue is resolved. Where practicable, we will request clarification or updated information before suspension. This does not create any duty to monitor or verify information you submit.

If you engage a clinician via tools accessible from the Services or outside these Terms, that clinician may independently decline or discontinue a clinical encounter in accordance with their professional obligations and applicable law. Clinicians act in their own professional capacity and are solely responsible for their clinical judgment.

INSURANCE AND REIMBURSEMENT

Unless we state otherwise in writing, Virgil Health does not submit claims to, or bill, private insurance, national health systems, or government health care programs (including Medicare/Medicaid). You are responsible for all charges payable through the platform. Any reimbursement you seek is your responsibility. Nothing in these Terms is a promise that fees are reimbursable or that any service provided under these Terms constitutes covered medical care. For residents of the EU/EEA, Switzerland, the UK, India, or Australia, see the applicable Addendum. We do not accept assignment of benefits, and nothing in these Terms obligates us to interact with any insurer or payer on your behalf.

TECHNOLOGY REQUIREMENTS

You are responsible for your device, connectivity, and security settings. The Services may rely on third-party video, messaging, and payment providers. To the extent permitted by law, we are not liable for outages, delays, or failures attributable to those providers or to your equipment or connectivity. Messages and uploads within the Services are not continuously monitored and response times are not guaranteed. If you need urgent care, use local emergency services or seek in-person care. This clause does not alter the “Not Medical Advice” and “No Patient Relationship” disclaimers.

You consent to receive communications from Virgil Health through the platform and, if you choose, by email, SMS, WhatsApp, or other third-party channels. Virgil Health uses reasonable safeguards to protect personal data. However, third-party channels are not fully secure. Virgil Health is not responsible for unauthorized access, loss, or delays that occur once messages leave our systems or that are attributable to third-party services or your device settings. Nothing in this clause limits Virgil Health’s obligations under applicable privacy and data protection laws.

Certain notifications (such as appointment reminders) are generated automatically by the platform and cannot be disabled. You are responsible for managing any available notification settings in your account.

Your Agreement to these Terms of Use

By using or visiting the Services, or otherwise clicking “I Agree,” “Submit,” or a similar button or checkbox when prompted, you accept and agree to these Terms of Use as well as to the terms of our Privacy Policy -- and where applicable to a U.S. clinical encounter, the applicable -- HIPAA Notice of Privacy Practices, including all updates and revisions to either document. If you do not agree to be bound by these Terms, do not access or use the Services, sign up for an account, or make any purchases via the Services.

Virgil Health reserves the right to make changes to these Terms of Use at any time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Therefore, you should review these Terms of Use and our Privacy Policy -- and where applicable to a U.S. clinical encounter, the applicable HIPAA Notice of Privacy Practices -- every time you visit or use the Services.

If you are dissatisfied with the Services or these Terms of Use, you agree that your sole and exclusive remedy is to discontinue using the Services, except for residents of the EU/EEA, Switzerland, the UK, India, or Australia, who may have additional statutory rights and remedies as set out in the applicable Addendum.

Eligibility

The Services are intended for use by adults who are 18 years of age or older. By accessing or using the Services, you represent and warrant that you are at least 18 years of age and otherwise meet all of the eligibility requirements contained herein.

Non-Commercial Use; Intellectual Property Ownership

Subject to your compliance with these Terms, Virgil Health grants you a nonexclusive, personal, nontransferable, revocable, and limited license to access and view the Services for your personal, non-commercial use. Virgil Health does not grant you permission to represent that, by your access and use of the Services, you are affiliated with, a representative of, or authorized to act on Virgil Health’s behalf.

The materials on this website, including all website design, text, graphics, information, trademarks, service marks, trade names, photographs, testimonials, videos, content or other materials displayed on or that can be downloaded from this website, belong to Virgil Health, its affiliates, parent companies, or related entities, or a third party licensor to us and are protected by international copyright and other intellectual property laws. Virgil Health is committed to exercising any remedies available to it to protect its intellectual property rights and will seek to terminate any infringing conduct.

You may access and use the materials provided via the Services solely for your personal, non-commercial use. If the Services allow you to e-mail, download, or print a copy of the materials on the Services, you must also include all copyright, trademark, and other proprietary notices that are in the materials and you are strictly prohibited from distributing or sharing any such copies with any other individual or third party. Such downloading or copying is permissible only in accordance with these Terms. You are not authorized to post, share, transmit, distribute, publish, copy, or display, or permit any third party to post, share, transmit, distribute, publish, copy, or display, any videos or content contained in the Services in or on any other website, mobile application, internet account, social media account, or other online platform. You are not authorized to modify or change the Services materials in any way, and you hereby assign to Virgil Health any and all rights you may acquire or have in any modifications to any of the Services materials.

You may not, and may not permit any third party to, reproduce or publicly display, perform, or distribute or otherwise use any materials or information on the Services for any public or commercial purpose. You may not, and may not permit any third party to, remove, obscure, or otherwise deface proprietary notices appearing on any content, including copyright, trademark, or other intellectual property notices.

As between you and Virgil Health, all rights, title and interest in and to the Services, including all content, videos, graphics, text, software, brochures, guides, and other information, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights, therein are and will remain the sole and exclusive property of Virgil Health, its affiliates or related entities, and our licensors, partners, contributors and vendors. No ownership interest is transferred to you or any other entity by virtue of making the content available on the Services or granting the foregoing licenses.

Restrictions on Website Use

You agree to not use the Services in any way not permitted by these Terms of Use. You agree that in the course of accessing and using the Services: (i) you will not misrepresent your identity, impersonate any individual or entity, or provide false information to Virgil Health; (ii) you will not attempt to access any part of the Services to which access has not been explicitly granted to you, personally; (iii) you will not take any actions that may interfere with operation of the Services or the use of the Services by other users; (iv) you will not violate or directly or indirectly enable another individual or entity to violate these Terms of Use; (v) you will not violate any applicable laws and regulations; and (vi) you will not attempt to modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services.

You shall not use the Services for any purposes beyond the scope of the access granted by these Terms of Use. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Services; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person.

In connection with the Services, you must not: (i) transmit, or otherwise make available through or in connection with the Services, any virus, worm, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software, or routine that interferes with the Services; (iii) interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services; (iv) use any automatic device, process, or means to access the Services for any purpose, including monitoring or copying content or data on the Services; and (v) otherwise attempt to interfere with the proper working of the Services. Virgil Health reserves the right to terminate access to any or all features of the Services at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

Accessing the Services and Password Responsibilities

From time to time, we may restrict users’ access to some parts of the Services. Virgil Health does not make any representations or guarantees regarding uptime or availability of the Services.

You are responsible for:

Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

We may block, limit or terminate your access to the Services for any reason, including if: (i) you violate these Terms of Use; (ii) you violate any applicable law or regulation relating to your use of the Services; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.

The Services may allow you to create a user account, and you may need to provide certain registration details or other information to access the Services or some of the features it offers. It is a condition of your use of the Services that all the information you provide in connection with the Services is correct, current, and complete. You agree that all information you provide to Virgil Health or our service providers is governed by our Privacy Policy, and you hereby expressly consent to all actions we take with respect to your information consistent with our Privacy Policy.

Your account credentials are personal to you. You are not authorized to allow any third party, including any person or entity on your behalf, to access any protected areas of the Site using the credentials assigned to you. If you make your log-in information available to others, they will be able to view information available to you and communicate with other users as if they were you. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or log-in credentials. If you suspect any unauthorized access or use of your account, you shall immediately change your password and inform Virgil Health of the suspected unauthorized activity (contact information is below). Virgil Health reserves the right to refuse service, terminate accounts or credentials, or remove or edit content at any time with or without notice.

No Endorsement of Health care providers

The Services may feature contributions or content provided by doctors or other health care providers (each a “health care provider”). Virgil Health allows health care providers to make information and content available via the Services for your information only. No statement by a health care provider is considered medical advice. In no event will Virgil Health be liable to you for any direct, indirect, special, or other consequential damages arising out of your reliance or use of any information from a Health care provider relating to the Services.

Your Comments, Postings, and Ideas

The Services may provide opportunities for you to post or submit your feedback, comments, ideas, or similar items. Any comments, ideas, or information that you submit through the Services will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). You are solely responsible for the content you transmit or post, and we assume no responsibility or liability for any content submitted by you or any other visitor of our Services. You agree your postings will only reflect your own experience, truthfully as you understand it. You agree you will not impersonate any person or use a false identity (the name of some other living person) although you may use a first-name only, nick-name, or pseudonym as long as you clearly identify as such. You agree that you will not send or transmit any communication or content that infringes or violates any rights of any party.

If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Services, you hereby grant us a perpetual, unrestricted, sublicensable, assignable, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, create derivative or collective works, and distribute them in any medium, in whole or in part, including all intellectual property rights therein, and agree that we are free to use them for any purpose.

We may remove or refuse to post any of your contributions for any or no reason in our sole discretion. We may also take any action, including disclosing your identity or other information about you, with respect to any user contribution that we deem necessary or appropriate in our sole discretion.

Links to Other Websites

The Services may contain links to websites that are not operated by us (including social media platforms). These links are provided for your convenience and do not imply any endorsement of the material on these third-party websites. Since we do not control these websites, we are not responsible for their content. These third-party websites may contain information about uses of devices, products or therapies that have not been approved or cleared by regulatory bodies. We do not endorse any such “off-label” uses. These third-party websites may contain information that is inaccurate, incomplete, or outdated. You access and use these websites solely at your own risk. You should read the Privacy Policy and terms of use of any such site you visit.

CHANGES TO SERVICES AND PRICING

Virgil Health may add, modify, suspend, or discontinue any feature or offering of the Services, and may update prices, fees, and charges at any time. Unless stated otherwise, changes do not affect a booking that you have already paid for. We may from time to time in our sole discretion develop and provide updates to our Website and other electronic platforms we may use in connection with providing the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Unless stated otherwise, updated prices and changes to offerings are effective when posted on the Services and apply to bookings made after the effective date.

The terms of providing the Services are set forth in any separate written agreement (if applicable) between Virgil Health and you (e.g., for enterprise or institutional clients). To the extent any terms in these Terms of Use conflict with the terms of a fully executed separate agreement, that separate agreement applies solely to the parties to it.

PRICE AND DESCRIPTION ERRORS

We may correct errors or inaccuracies (including pricing, availability, or descriptions) at any time, including after you begin checkout but before your payment is captured. If an error is discovered after your payment is captured and affects your order, we will notify you and offer the choice of (a) proceeding at the corrected price/terms (with any additional charge or refund) or (b) cancelling for a full refund.

PAYMENT AND BILLING

Prices and applicable taxes/fees will be disclosed before purchase. Payment is due at the time of booking unless otherwise stated. You authorize us (and our payment processors) to charge your selected payment method for amounts due. If a payment fails or is reversed, we may suspend access to the booking until payment is cured.

By providing a payment method in your account, you authorize Virgil Health and its payment processor to store that method and automatically charge it for fees you owe, including amounts due for no-shows, late cancellations, or declined payments.

If a payment is declined or reversed, you remain responsible for prompt payment of the outstanding amount and agree to reimburse Virgil Health for any reasonable costs of collection (including fees charged by collection agencies or attorneys), where permitted by law.

CANCELLATION / WITHDRAWAL RIGHTS

Rescheduling and No-Show Policy

You may reschedule individual bookings by providing at least 48 hours’ notice in writing.

If you do not attend a booking within 15 minutes of the scheduled start time without prior notice, the session shall be treated as forfeited and no refund will be due.

Cancellation of Bookings

Bookings are non-refundable once confirmed, except where required by applicable law or as expressly provided in these Terms.

If we cancel a confirmed booking and cannot provide a suitable alternative, we will issue a pro-rata refund for the unused portion.

Refunds

Refunds (where applicable) will be processed within 14 days of cancellation using the same payment method you used for the original transaction, unless otherwise agreed.

Security

While we take reasonable measures to protect your information, we cannot give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information or view such information in-transit over the Internet and/or through email or other methods. By submitting information to Virgil Health, you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so; however, in such case you may not be able to make use of the full functionality of the Services. You agree that Virgil Health is not responsible or liable for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes, to the extent permitted by applicable law.

Disclaimer Of Warranties, Indemnification, And Limitation Of Liability

THE CONTENTS OF THIS WEBSITE AND ANY OTHER ONLINE PRESENCE OF VIRGIL HEALTH ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL ACCESS TO VIRGIL HEALTH’S WEBSITE AND OTHER ONLINE INFORMATION POSTED BY IT IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. VIRGIL HEALTH DOES NOT ASSUME ANY RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATIONS EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES OR DOWNLOADING ANY OF ITS CONTENT.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS VIRGIL HEALTH, OUR VENDORS AND ADVERTISERS, AND OUR AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY “VIRGIL HEALTH PARTIES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, JUDGMENTS, AND SETTLEMENT, ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS OF USE, YOUR USE OR MISUSE OF THE SERVICES, OR YOUR VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS. YOUR SOLE REMEDY FOR DISSATISFACTION OR PROBLEMS WITH THE SERVICES OR ANY OF ITS CONTENT IS TO STOP USING THE SERVICES.

TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, VIRGIL HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THE WEBSITE OR ANY OTHER ONLINE MATERIALS POSTED BY VIRGIL HEALTH.

BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, WILL VIRGIL HEALTH, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, ARISING UNDER THE THEORY OF LAW, STATUTE, REGULATION, OR RULE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, ACCESS, REVENUE OR PROFITS, OR PERSONAL INJURY/WRONGFUL DEATH. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASES AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF VIRGIL HEALTH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VIRGIL HEALTH. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF VIRGIL HEALTH UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE GREATER OF: (I) $100, OR (II) AMOUNT OF FEES PAID BY YOU TO VIRGIL HEALTH IN THE PRECEDING TWELVE (12) MONTHS.

NOTHING IN THESE TERMS SEEKS TO EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. FOR RESIDENTS OF THE EU/EEA, SWITZERLAND, THE UK, INDIA, OR AUSTRALIA, SEE THE APPLICABLE ADDENDUM.

FORCE MAJEURE

Virgil Health will not be responsible or liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, labor disputes, internet or telecommunications failures, power outages, or other events of force majeure.

DISPUTE RESOLUTION AND ARBITRATION

Jurisdiction-Specific Addenda. If you are a consumer resident in the EU/EEA, Switzerland, the UK, India, or Australia, additional rights and protections apply to you under local law. Please review the relevant Addendum to these Terms, which forms part of this agreement.

Any dispute, controversy, or claim arising out of, or in relation to, these Terms of Use, including regarding the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules. The arbitration will be conducted before a sole arbitrator. The seat of the arbitration shall be Zurich, Switzerland, and the arbitration shall be conducted in English. The arbitrator’s award shall be final and binding.

To the extent arbitration is not permitted in accordance with the Swiss Rules of International Arbitration, the parties agree to submit any dispute, controversy, or claim arising out of, or in relation to, these Terms of Use to binding arbitration before a sole arbitrator pursuant to the rules of the American Arbitration Association governing commercial disputes. A final arbitration hearing shall be held in New Haven, Connecticut. The laws of the State of Wyoming shall apply. Any arbitration award is final and binding and may be entered as a final judgment in any state or federal court of competent jurisdiction. The arbitrator is vested with authority to determine the arbitrability of any such dispute, controversy, or claim.

Before seeking any legal remedy for any harm you believe you have suffered arising from or relating to the Services, you agree to inform us in writing and give us 30 days to cure the harm before initiating any action. You must indicate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.

No Class Actions

You agree to bring any claim or cause of action arising under or related to these Terms of Use, the Services, or any dispute with Virgil Health in your individual capacity, and not as a member or representative of any class or collective action. For residents of the EU/EEA, Switzerland, the UK, India, or Australia, please refer to the applicable Addendum to these Terms for information on your rights.

General

You may not assign any rights or obligations under these Terms of Use without Virgil Health’s prior written consent. Virgil Health may assign part or all of these Terms of Use. All sections of these Terms of Use which by their nature are designed to survive expiration or termination of these Terms of Use will survive. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition.

SEVERABILITY AND ENTIRE AGREEMENT

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy, our HIPAA Notice of Privacy Practices (where applicable), and any applicable Addendum, constitute the entire agreement between you and Virgil Health regarding the Services and supersede all prior agreements and understandings.

GOVERNING LAW

These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict of laws rules.

For residents of the EU/EEA, Switzerland, the UK, India, or Australia, see the applicable Addendum.

Notices

We may deliver notices to you by electronic mail, social media account or similar platform, a general notice on the Services, or by written communication to your address on record with us.

By using the Services, you consent to receive notices and communications from us electronically (including by email and in-Service messages) and agree that such notices satisfy any legal requirement that such communications be in writing.

The Services are operated by Virgil Health LLC, 30 N Gould St, Ste R, Sheridan, WY 82801, USA.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@virgilhealth.care

We respect intellectual property rights. U.S. users: see our DMCA Notice for how to submit copyright notices and counter-notices. For residents of the EU/EEA, Switzerland, the UK, India, or Australia, see the applicable Addendum for notice-and-takedown information.

CUSTOMER SUPPORT / COMPLAINTS

If you have questions or complaints regarding the Services, contact info@virgilhealth.care