Terms of Service
1. What Vivantal is — and is not
Vivantal analyzes de-identified patient records with deterministic, named rules and surfaces candidate process/safety gaps (e.g., unacknowledged results, incomplete referrals) and follow-up-equity signals. Vivantal is not a diagnostic device, does not practice medicine, and does not provide medical advice. Every finding is a transparent, rule-based flag that a qualified clinician must independently verify. Nothing Vivantal outputs should be relied upon to make a clinical decision without human review.
2. Your responsibilities
- Use Vivantal only with data you are lawfully authorized to access, under your own authorization (e.g., an approved IRB protocol or your institution's policies).
- De-identify data appropriately before analysis. The Transcriptor produces a candidate de-identification and a review report; it does not certify that data meets HIPAA Safe Harbor or Expert Determination. The Transcriptor is an assistive feature and does not constitute a HIPAA de-identification determination; that determination remains yours to make, with your IRB or a qualified statistician. You (and your IRB or a qualified statistician) are responsible for confirming adequacy before use or sharing.
- Not use Vivantal for any purpose that would be unlawful or that would put patient privacy at risk.
3. Local processing
Analysis and de-identification execute as JavaScript in your browser. Under the standard Vivantal workflow, the records you analyse remain on your device and are not transmitted to Vivantal servers or to any third-party service provider. We operate servers for hosting, authentication, billing and transactional email — but none of them sits in the analysis pipeline, and none receives clinical records.
This is enforced rather than promised: an automated no-egress test asserts that the analysis pipeline issues zero outbound network requests, and it runs on every deployment. Should any future feature change this, we will amend this section before that feature ships.
You are responsible for the security of the device on which you run Vivantal.
4. Eligibility, accounts & acceptable use
Vivantal is intended for clinicians, researchers, and quality and safety professionals acting in a professional capacity. By using it you represent that you are at least 18 years old, that you have the legal capacity to enter into these Terms, and that where you are acting for an institution you hold the authority to accept them on its behalf.
If you create an account, you are responsible for your credentials and for activity under your account. You may delete your account at any time.
You may not: load identifiable patient data you are not authorised to access; use Vivantal as a substitute for emergency medical systems, clinical judgement, or your institution's safety protocols; reverse engineer, decompile, or attempt to derive the source of any part of the service beyond what is served to your browser; scrape, crawl, or bulk download the service; circumvent authentication, entitlement, or rate limits; use the output to train a competing model or service; or resell access without a written agreement with us.
We may suspend or terminate accounts that violate these Terms.
5. No warranty
Vivantal is provided "as is" and "as available," without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that findings are complete or error-free; automated rules can produce both false positives and false negatives.
Two limits you should hold us to. Vivantal has not been validated against real patient records: its engines are tested on synthetic data and screened against a public de-identified research dataset, no clinician has adjudicated its output, and no positive predictive value has been established. And a suppressed finding — one Vivantal says a guideline covers — remains reviewable in the interface by design. Do not build a workflow in which suppression is invisible.
Nothing here limits a warranty that cannot be disclaimed under applicable law; where a jurisdiction disallows such exclusions, they apply only as far as permitted.
6. Limitation of liability
To the maximum extent permitted by law, Vivantal and its operators are not liable for any indirect, incidental, or consequential damages, or for any clinical decision made in reliance on the tool.
Our total aggregate liability arising out of or relating to Vivantal is limited to the greater of (a) what you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars (USD 100). On a free plan, (b) applies.
These limits do not apply where liability cannot be limited by law — fraud, fraudulent misrepresentation, gross negligence, wilful misconduct, or death or personal injury caused by negligence.
Clinical responsibility is not transferable. Vivantal surfaces process gaps for human review. It does not diagnose, does not treat, and does not practise medicine. Clinical judgement, and responsibility for it, remain with the licensed clinician and their institution.
7. Institutional use & BAA
Because patient data is processed locally and never reaches us, our standard consumer use does not involve us handling PHI, and a Business Associate Agreement is generally not required for that use. For institutional deployments that may involve us in a service capacity, a BAA can be made available — contact partnerships@vivantal.com.
To be precise about the architecture this rests on: analysis runs in your browser and patient records are not transmitted to us. Our servers hold your account record, your settings, and counts — "340 records analysed, 12 critical" — never which patients, never a clinical value, never an identifier. On that basis we do not receive, create, maintain or transmit protected health information on your behalf, which is the test that makes an entity a Business Associate under 45 CFR 160.103.
We say "generally not required" rather than "never required" on purpose: whether a BAA is needed is your covered entity's determination about its own compliance posture, not ours to make for you. If your privacy office concludes one is warranted, we will sign a reasonable BAA rather than argue the point.
8. Intellectual property
Vivantal — including its software, interfaces, rule sets, clinical vocabularies, documentation, visual design and trademarks — is owned by us or our licensors. These Terms grant you a limited, revocable, non-exclusive, non-transferable right to use the service; they transfer no ownership.
You retain all rights in the data you analyse. Because that data stays on your device, we acquire no licence to it, and we could not use it for any purpose even if we wished to. Findings produced from your data are yours to use, publish and cite.
Third-party clinical vocabularies distributed with Vivantal — including LOINC (Regenstrief Institute) and RxNorm (U.S. National Library of Medicine) — remain the property of their respective owners and are used under their published licence terms.
9. Termination
You may stop using Vivantal and delete your account at any time. We may suspend or terminate access for a material breach of these Terms, for conduct that endangers patient privacy, or where required by law.
On termination your right to use the service ends immediately. Your account record is deleted on the schedule set out in the Privacy Policy. Data on your own device is unaffected and remains yours; we cannot reach it.
The following survive termination: intellectual property, disclaimer of warranties, limitation of liability, governing law, and any provision that by its nature is intended to survive.
10. Changes & governing law
These Terms are an agreement between you and Neeraj Movva, operating Vivantal as an individual developer. A limited liability company is being formed; on formation these Terms will be reissued naming that entity, and continued use after that reissue will be acceptance of it. We name the operator plainly rather than a company that does not yet exist — an agreement with a non-existent entity binds no one.
Our collection and handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. Where the two documents address the same subject, the Privacy Policy governs questions of data handling.
We may update these Terms and will post changes here. Material changes will be reflected in the version number above; continued use after a change constitutes acceptance. These Terms are governed by the laws of the State of Illinois, USA, without regard to its conflict-of-laws rules. The exclusive venue for any dispute is the state or federal courts of Cook County, Illinois, and both parties consent to personal jurisdiction there. Nothing here deprives a consumer of the protection of mandatory law in their country of residence.
If any provision is held unenforceable, the remainder stays in force and that provision applies to the maximum extent permitted.
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Research & quality-improvement tool — not a diagnostic device.