Terms of Service

Vitalis is a practice-management platform for mobile, office-based dental anesthesia. It includes a web application, the Vitalis app for iPad and iPhone, and the patient-monitoring kits we deploy at clinical sites. These terms cover all of it. We call it the Service.

The Service is built and operated by Vitalis Mobile, LLC (“Vitalis,” “we,” “us,” or “our”). Vitalis Mobile, LLC is a software and equipment vendor. It is not a medical practice, it employs no treating clinicians, and it does not deliver care.

Elite Sedation is a separate business. It is a treating anesthesia provider: its clinicians deliver care, and it creates and owns the clinical records for the patients it treats. Its operating team also administers the Vitalis platform. These terms apply to Elite Sedation’s use of the Service as they apply to any other provider organization, and Business Associate Agreements between Vitalis Mobile, LLC and Elite Sedation apply as needed.

By creating an account or using the Service, you agree to these terms. If you do not agree, do not use the Service.

If you use the Service on behalf of an organization, such as a provider group, a practice, or a dental office, you are agreeing on that organization’s behalf, and you confirm you are authorized to do so. In these terms, “you” means both you personally and that organization.

If your organization has a separate signed agreement with us, such as an order form, a services agreement, or a Business Associate Agreement, that signed agreement controls wherever it conflicts with these terms.

Accounts on the Service are for:

• licensed anesthesia providers;
• the assistants who work alongside those providers;
• office and administrative staff an organization authorizes, such as schedulers and billing staff.

Roles in Vitalis follow people, not buildings. A provider’s assignments and an assistant’s provider travel with them to whichever office hosts the service day. Office and organization-wide roles are the exception and are scoped to the office or organization that holds them.

You must be at least 18 and able to enter into a contract. Vitalis is not for patients. Patients may receive links to complete paperwork or to pay a deposit, but patients do not hold Vitalis accounts.

Your organization decides who gets an account, and what each account can see. Keeping that list current, including removing people who leave, is your organization’s responsibility.

Accounts are personal. You agree that:

• you use your own named account, and you never share an account, a password, or any other credential;
• you keep your password unique to Vitalis, and you use multi-factor authentication wherever the Service offers it;
• you keep a screen lock on any device you use for the Service, and you leave the app’s own lock enabled;
• you tell us immediately at security@elitesedation.com if a device is lost or stolen, or if you suspect someone else has used your account;
• you are responsible for what happens under your account.

You can sign in with an email and password, with Sign in with Apple, or with Google. Email sign-in is protected by a captcha challenge.

Vitalis supports your work. It does not practice medicine. Every clinical decision stays with the treating provider: the assessment, the plan, the drugs and doses, the airway, whether to proceed, and when to stop. Nothing in the Service is medical advice.

Vitals shown in Vitalis are relayed from the patient monitor at the chairside. That monitor is the source of truth. Keep it in use and observed for the whole case. A network problem, a hardware problem, or a power loss can delay, interrupt, or end the stream into Vitalis, and live vitals require the in-office monitoring hardware to be connected and working.

You are responsible for the accuracy and completeness of what you record, for reviewing a chart before you finalize it, for patient consent and notice, and for your own professional and recordkeeping obligations.

[COUNSEL: confirm how to characterize the vitals display and charting features for regulatory purposes, and whether this section should state that characterization. The App Store listing places the app in the Medical category, and the platform records monitor-sourced vitals onto the anesthesia chart.]

The Service handles protected health information on behalf of the organizations that use it. Vitalis acts as a business associate under HIPAA. A signed Business Associate Agreement governs how we may use and disclose that information, and it controls over these terms wherever the two conflict.

Business Associate Agreements run along the service chain: between each customer organization and Vitalis Mobile, LLC, and between Vitalis Mobile, LLC and Elite Sedation as needed.

We claim no ownership of clinical records. Records for patients treated by Elite Sedation providers are created and retained by Elite Sedation as the treating provider. Records your organization enters remain your organization’s. We use patient information only to run the Service for you and only as your Business Associate Agreement permits. We do not sell personal information, and we do not use it for advertising.

Patient records are retained for as long as the treating provider’s legal obligation requires. In California that is at least seven years from the last entry for an adult, and for a minor until age eighteen plus the applicable period, whichever is longer. Access logs and audit records relating to patient information are retained for six years.

If we determine that unsecured patient information was, or is reasonably believed to have been, accessed or disclosed without authorization, we follow the HIPAA Breach Notification Rule. We notify the affected covered entity without unreasonable delay and no later than the shorter of 60 calendar days after we discover the breach or the window in the governing Business Associate Agreement, and we give that entity what it needs to make its own notifications.

How we handle information generally is described in the Privacy Policy.

A monitoring kit is a small dedicated router paired with a single-purpose relay computer and an iPad. We provide kits to providers for use with the Service.

• The kit stays our property. You get the use of it while you use the Service. You may not sell it, lend it, pledge it, or pass it to anyone else.
• Take care of it. Keep it powered, connected to the patient monitor, and physically secure at the site. Tell us promptly if a kit is lost, stolen, or damaged, or if it stops working.
• Do not tamper with it. Do not open, modify, re-image, or install software on a kit. Do not attach it to systems it was not set up for, and do not move it to a different site without telling us first.
• Give it back. When you stop using the Service, or when we ask for it, return the kit to us.

A kit is self-contained by design. Its router creates its own private, WPA2-protected network for the relay and the iPad. Monitoring data flows within that private network and then out to the Vitalis platform over an authenticated HTTPS connection. The kit exposes no inbound services to the host office, stores no host-office data, and does not scan, enumerate, or connect to other devices on the office network, and nothing on the office network can reach devices behind the kit.

The default kit joins the host office’s Wi-Fi as a client to reach the internet, the same way a guest device would. A cellular kit is available for offices whose network blocks that uplink, or that prefer our equipment stay off their network entirely. We wipe and re-image kit hardware before we reassign it to a different provider.

[COUNSEL: whether loss, damage, or non-return of a kit carries a charge, and the number of days a provider has to return a kit after the Service ends.]

When you use the Service, you agree not to:

• open a patient record without a role-based reason to do so. Curiosity is not a business reason, and we treat this as a serious violation;
• share an account or a credential with anyone, including a colleague;
• email, message, paste, or commit credentials, API keys, or service-account files anywhere outside the systems they belong to;
• copy patient information to a personal email account, a personal cloud account, a consumer messaging app, removable media, an unapproved AI or note-taking tool, or a personal device outside the approved applications;
• disable encryption, a screen lock, or security software on a device you use for the Service, or use a jailbroken or rooted device;
• attempt to bypass access controls, whether ours, another customer’s, or a host office’s;
• probe, scan, or load-test the Service, except with our written permission;
• reverse engineer, decompile, copy, resell, sublicense, or make the Service available to anyone outside your organization;
• use the Service for anything unlawful, or to harass anyone.

We log access to the systems that hold sensitive data, and we review those logs in response to incidents and as part of our annual review.

Anesthesia providers pay for Vitalis. Dental offices and dental support organizations that host a provider’s service day pay nothing for the Service, and we do not bill them for it.

What a provider pays, when, and how is set in the order form or written agreement with that provider. These terms do not set prices.

The Vitalis app is free on the App Store and contains no in-app purchases. Payments you collect through the Service, such as patient deposits and overage invoices, are processed by Stripe under Stripe’s own terms. Those payments are between your practice and your patient, and they are separate from anything you pay us.

[COUNSEL: renewal, the notice required to cancel, refunds, late payment, and taxes all sit in the order form. Confirm what, if anything, should be summarized here, and confirm our role in the Stripe payment flow, meaning whether we are merchant of record for patient deposits or only provide the integration.]

We do not promise that the Service will be uninterrupted or error free. These terms make no commitment to an uptime percentage, a service level, or a support response time. If your written agreement with us contains one, that agreement controls.

The platform runs on managed cloud providers and inherits the availability and disaster-recovery commitments in those providers’ own service terms. A failed monitoring kit affects live monitoring at that site only. It does not affect the platform or stored data, the relay buffers through a short connection gap and uploads when the connection returns, and a spare kit can be swapped in.

Keep the chairside patient monitor in use and observed regardless of what the Service is doing. We may add, change, or remove features, and we may take the Service down for maintenance.

We own the Service and everything in it: the web application, the apps, the relay software, the designs, the documentation, and the Vitalis name and logo. Copyright 2026 Vitalis. All rights reserved.

We grant your organization a limited, non-exclusive, non-transferable, revocable right to use the Service for your own practice while your access is active. You get no other rights, and nothing here transfers ownership of the software to you.

You keep what you put in. We claim no ownership of your clinical records, patient information, chart templates, or documents.

The Vitalis app is licensed, not sold. We have not registered a custom license agreement with Apple, so Apple’s standard Licensed Application End User License Agreement applies to your use of the app in addition to these terms.

[COUNSEL: confirm whether to keep relying on Apple’s standard Licensed Application End User License Agreement or to register a custom one, and say which document controls if the two conflict about the app.]

If you send us an idea, a suggestion, or a bug report, we may use it without restriction and without owing you anything for it. We will not treat it as confidential. Do not put patient information in feedback. Report anything that involves a patient record through the Service or through the path your Business Associate Agreement sets out.

The Service depends on vendors we do not control:

• Google Cloud, for application hosting, the patient record store, and file and document storage;
• Supabase, for the managed Postgres database behind scheduling and the patient registry;
• Stripe, for payments;
• Cloudflare, for sign-in security;
• a telephony provider, for text messages sent to patients on the practice’s behalf;
• Sentry, for application error monitoring. Session replay is disabled, so no screen recordings are captured, and patient data is filtered out before an error event leaves the platform.

A vendor that stores or processes patient information on our behalf is a sub-processor. Our current sub-processor list is in our Data Handling and Encryption Policy (VM-SEC-03), section 6. It states, for each vendor, what that vendor handles and whether a Business Associate Agreement is in place, and we make it available to customers on request.

Each vendor’s own terms apply to its service. We are not responsible for a third-party service we do not control, and a link from the Service to an outside site is not an endorsement of it.

The Service is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, timely, secure, or error free, that defects will be corrected, or that vitals data relayed from a patient monitor will be complete, current, or accurate.

The Service does not replace your clinical judgment, the patient monitor at the chairside, or your professional obligations.

To the fullest extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost or corrupted data, even if it was told such damages were possible.

Our total liability for all claims relating to the Service is capped.

[COUNSEL: set the liability cap and its shape, for example the fees paid in the twelve months before the claim, or a fixed amount. Also confirm the carve-outs that sit outside the cap, in particular breach of the Business Associate Agreement, breach of confidentiality, indemnity obligations, gross negligence, and willful misconduct. Some limits cannot be enforced in every state.]

You can stop using the Service at any time. Any notice period in your written agreement still applies.

We can suspend or end access if:

• you break these terms or your written agreement;
• your use puts patient data, another customer, or the Service at risk;
• a payment is overdue;
• we are required to by law.

We will give notice where we reasonably can. Where a suspension is needed to protect patient data or the Service, we act first and tell you promptly afterward.

When access ends, your accounts are closed, any monitoring kits come back to us, and we handle your data under your Business Associate Agreement and our retention policy. Patient records still subject to the treating provider’s retention obligation are kept for the period the law requires.

[COUNSEL: set the window in which a customer can request an export of its data after termination, the format of that export, and how long we hold the data before deletion.]

The sections on intellectual property, feedback, disclaimers, limitation of liability, governing law, and obligations under the Business Associate Agreement survive the end of your access.

We may update these terms. When we do, we revise the “last updated” date at the top of this page. Your continued use of the Service after an update means you accept the revised terms.

[COUNSEL: set how we give notice of a material change, how much notice, and whether continued use is enough to bind a customer that already has a signed order form.]

California law governs these terms and any dispute arising out of them or out of the Service, without regard to its conflict-of-laws rules.

[COUNSEL: set the venue, including the California county for exclusive jurisdiction. Vitalis Mobile, LLC is located in Orange County. Also decide whether disputes go to court or to arbitration, and whether to include a jury-trial waiver and a class-action waiver.]

Vitalis Mobile, LLC
30262 Crown Valley Parkway, Suite 447, Laguna Niguel, CA 92677
security@elitesedation.com

[COUNSEL: confirm the mailbox that should receive legal notices under these terms. The address above is the durable alias our security policies publish.]