Terms of Service

2.1 Agreement to Terms

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2.2 Age Requirement

You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are at least 18 years of age.

For Clients under 18: A parent or legal guardian must create and manage the account on the minor's behalf and is responsible for all use of the account.

2.3 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Email notification to your registered email address
• Prominent notice on the Platform
• In-app notification

Continued use of the Platform after changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform.

3.1 Account Creation

To use certain features of the Platform, you must create an account and provide accurate, complete, and current information.

For Practitioners:

• You must provide valid professional credentials
• You must verify your identity and professional qualifications
• You authorize us to verify your credentials with relevant authorities
• You must maintain active professional liability insurance

For Clients:

• You must provide accurate contact information
• You are responsible for maintaining the confidentiality of your account

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 Account Termination

You may terminate your account at any time by contacting [email protected] or through your account settings.

We may suspend or terminate your account if:

• You violate these Terms
• You provide false or misleading information
• Your account is inactive for more than 12 months
• We are required to do so by law
• We discontinue the Platform (with 30 days' notice)

4.1 Platform Purpose

VitaFlow Care provides a platform that:

• Connects Practitioners with Clients
• Facilitates appointment scheduling and management
• Enables secure communication between Practitioners and Clients
• Provides practice management tools for Practitioners

4.2 No Medical Advice

IMPORTANT: VitaFlow Care is a technology platform only. We:

• Do NOT provide medical advice, diagnosis, or treatment
• Do NOT practice medicine or healthcare services
• Do NOT employ or supervise Practitioners
• Are NOT responsible for the quality of healthcare services provided

4.3 Practitioner-Client Relationship

The relationship between Practitioner and Client is independent of VitaFlow Care. We are not a party to that relationship and assume no responsibility for:

• The quality, safety, or legality of services provided
• The accuracy of information provided by Practitioners
• Disputes between Practitioners and Clients
• Cancellations, no-shows, or missed appointments

4.4 For Practitioners

Permitted Uses:

• Create and maintain an accurate professional profile
• Manage your calendar and availability
• Communicate with your Clients through the Platform
• Use practice management tools and analytics
• List your services, rates, and policies

Prohibited Uses:

• Providing false or misleading professional information
• Practicing outside your scope of license or qualifications
• Sharing Client information outside the Platform without consent
• Using the Platform for illegal or unethical purposes
• Soliciting Clients for services outside the Platform to avoid fees
• Creating multiple accounts or fake accounts
• Harassing, discriminating against, or mistreating Clients

Professional Responsibilities:

• You are solely responsible for all professional services you provide
• You must comply with all applicable laws, regulations, and professional standards
• You must maintain appropriate professional liability insurance
• You must honor appointments booked through the Platform
• You are responsible for setting and collecting your fees from Clients

4.5 For Clients

Permitted Uses:

• Search for and book appointments with Practitioners
• Communicate with your Practitioners through the Platform
• Manage your appointments and health information
• Receive notifications and reminders
• Join waiting lists and receive availability updates

Prohibited Uses:

• Providing false health information that could endanger yourself or others
• Booking appointments in bad faith or without intent to attend
• Harassing or threatening Practitioners
• Sharing your account with others
• Using the Platform to solicit services unrelated to healthcare
• Attempting to bypass the Platform to avoid Practitioner fees

Client Responsibilities:

• You are responsible for providing accurate health information to Practitioners
• You must honor appointments or cancel within the required timeframe (typically 48 hours)
• You are responsible for paying Practitioner fees directly to the Practitioner
• You must follow your Practitioner's professional advice and instructions

5.1 Booking Process

• Clients can book appointments with Practitioners through the Platform
• Bookings are confirmed immediately upon completion
• Both parties receive email confirmation

5.2 Cancellation and Rescheduling

Client Cancellations:

• Clients may cancel or reschedule appointments up to 48 hours before the scheduled time at no charge
• Cancellations within 48 hours may be subject to cancellation fees as determined by the Practitioner
• Late cancellations and no-shows may be subject to fees (paid directly to Practitioner)

Practitioner Cancellations:

• Practitioners must provide reasonable notice if they need to cancel an appointment
• Practitioners should offer alternative times or refer to another provider when possible

5.3 No-Show Policy

• If a Client fails to attend a scheduled appointment without prior cancellation, the Practitioner may charge a no-show fee
• Repeated no-shows may result in account suspension or termination

5.4 Payment

VitaFlow Care does NOT process payments for healthcare services.

Practitioners and Clients arrange payment directly according to the Practitioner's policies.

Platform subscription fees for Practitioners are separate and handled through our payment system.

6.1 Waiting List Functionality

• Practitioners may enable waiting lists to manage client intake
• Clients can join waiting lists for fully-booked Practitioners
• Practitioners control who is activated from waiting lists
• Being on a waiting list does NOT guarantee appointment availability

6.2 Waiting List Terms

• Practitioners have sole discretion over waiting list management
• Clients may remove themselves from waiting lists at any time
• Practitioners may remove Clients from waiting lists for policy violations
• No fees are charged for waiting list placement

7.1 Secure Messaging

The Platform provides secure, GDPR-compliant messaging between Practitioners and Clients for:

• Appointment coordination
• General questions
• Non-urgent health-related communication

7.2 Emergency Communications

DO NOT use the Platform messaging for medical emergencies. In case of emergency:

• Call emergency services (112 in Belgium)
• Contact your Practitioner's emergency line (if provided)
• Visit the nearest emergency department

7.3 Communication Standards

• All communications must be professional and respectful
• Harassment, threats, or abusive language are strictly prohibited
• We reserve the right to monitor communications for compliance and safety
• Communications are retained according to our Data Retention Policy

8.1 User Content

You retain ownership of all content you upload to the Platform ("User Content"), including:

• Profile information
• Photos and videos
• Questionnaire responses
• Messages
• Documents and resources

8.2 License to Use Your Content

By uploading User Content, you grant VitaFlow Care a worldwide, non-exclusive, royalty-free license to:

• Store, display, and transmit your content as necessary to provide the Services
• Make backups for data protection purposes
• Use anonymized, aggregated data for analytics and platform improvement

This license ends when you delete your content or account, except for backups retained for legal compliance.

8.3 Platform Intellectual Property

The Platform, including its design, code, features, logos, and trademarks, is owned by VitaFlow Care and protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or reverse engineer the Platform
• Use our trademarks without written permission
• Create derivative works based on the Platform
• Frame or mirror any part of the Platform

8.4 User Representations

You represent and warrant that:

• You own or have rights to all User Content you upload
• Your User Content does not infringe third-party rights
• Your User Content complies with these Terms and applicable laws

9.1 Privacy Policy

Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 GDPR Compliance

We comply fully with the General Data Protection Regulation (GDPR) and Belgian data protection laws.

9.3 Health Data

Health data shared through the Platform is considered "special category data" under GDPR and receives enhanced protection. See our Privacy Policy and Data Protection Agreement for details.

9.4 Data Subject Rights

You have rights under GDPR including:

• Right to access your data
• Right to rectification
• Right to erasure ("right to be forgotten")
• Right to data portability
• Right to object to processing
• Right to withdraw consent

Contact us at [email protected] to exercise your rights.

10.1 Practitioner Subscription Fees

Practitioners pay subscription fees according to their chosen plan. See our Pricing page for current rates.

10.2 Payment Terms

• Subscription fees are billed monthly or annually in advance
• Fees are non-refundable except as required by law
• We may change fees with 60 days' notice
• Failure to pay may result in account suspension

10.3 Taxes

All fees are exclusive of applicable taxes (including Belgian VAT at 21%). You are responsible for all applicable taxes.

10.4 Client Fees

Clients do NOT pay fees to VitaFlow Care. Any fees for healthcare services are paid directly to the Practitioner according to the Practitioner's policies.

12.1 Third-Party Integrations

The Platform may integrate with third-party services (e.g., Google Calendar, payment processors). Your use of third-party services is subject to their terms and privacy policies.

12.2 External Links

We may provide links to third-party websites. We are not responsible for the content, accuracy, or practices of external sites.

12.3 No Endorsement

Inclusion of third-party services or links does not imply endorsement by VitaFlow Care.

13.1 'As Is' Disclaimer

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of accuracy, reliability, or availability
• Warranties that the Platform will be uninterrupted or error-free

13.2 Healthcare Disclaimer

WE DO NOT:

• Provide medical advice, diagnosis, or treatment
• Guarantee the qualifications, competence, or quality of Practitioners
• Verify the accuracy of health information provided by Users
• Assume responsibility for healthcare services provided through the Platform

YOU SHOULD ALWAYS CONSULT QUALIFIED HEALTHCARE PROFESSIONALS FOR MEDICAL ADVICE.

13.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY BELGIAN LAW:

VitaFlow Care, its directors, employees, and affiliates SHALL NOT BE LIABLE for:

• Indirect, incidental, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury or property damage
• Damages arising from:
  • Your use or inability to use the Platform
  • Healthcare services provided by Practitioners
  • Disputes between Practitioners and Clients
  • Unauthorized access to your account or data
  • Errors, interruptions, or delays in the Platform
  • Third-party content or services

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR €100, WHICHEVER IS GREATER.

13.4 Belgian Law Compliance

Nothing in these Terms limits liability that cannot be limited under Belgian law, including liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Violations of mandatory consumer protection laws

15.1 Governing Law

These Terms are governed by the laws of Belgium, without regard to conflict of law principles.

15.2 Jurisdiction

Any disputes arising from these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts of [Your City], Belgium.

15.3 Informal Resolution

Before filing a legal claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

15.4 Arbitration (Optional)

For disputes not resolved informally, parties may agree to binding arbitration under Belgian arbitration rules as an alternative to litigation.

15.5 Class Action Waiver

To the extent permitted by law, all disputes must be brought individually, not as part of a class action or representative proceeding.

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Data Protection Agreement, constitute the entire agreement between you and VitaFlow Care.

16.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

16.3 Waiver

Our failure to enforce any provision does not waive our right to enforce it in the future.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to a successor or affiliate.

16.5 No Third-Party Beneficiaries

These Terms do not create rights for any third parties.

16.6 Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet outages.

16.7 Survival

Provisions that by their nature should survive termination (including indemnification, disclaimers, and limitations of liability) shall survive.