Terms of Service

Acceptance of Terms

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

If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms, and your agreement to these terms will be treated as the agreement of the organization.

Description of Services

VestMed provides a comprehensive platform for respiratory protection program management, including:

• Respirator medical clearance evaluations and determinations
• Digital medical questionnaire administration
• Pulmonary function testing and spirometry software
• Fit test record storage and management
• Medical direction services by licensed physicians
• Compliance documentation and record retention
• Dashboard and reporting tools for employers and employees

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the services.

Account Registration and Security

Account Creation

To use our services, you must:

• Provide accurate, current, and complete information during registration
• Be at least 18 years of age
• Maintain and promptly update your account information
• Have the legal capacity to enter into a binding contract

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using strong passwords and enabling multi-factor authentication when available

Account Termination

We reserve the right to suspend or terminate your account if you violate these terms, engage in fraudulent activity, or for any other reason at our sole discretion. You may terminate your account at any time by contacting us.

Payment Terms

Evaluation Credits

Our services are offered through volume-based evaluation credits with the following terms:

• You purchase evaluation credits upfront (Medical Evaluation Questionnaire and Pulmonary Function Test credits)
• Pricing is volume-based, with discounts for larger purchases
• Purchased evaluation credits never expire and can be used at your own pace
• Current pricing is available on our Pricing page
• Prices are subject to change with 30 days advance notice for future purchases

Payment

• Payment is due upfront when purchasing evaluation credits
• There are no recurring charges or automatic renewals
• You must provide current, complete, and accurate billing information
• All sales are final except as required by law or stated in these terms
• Additional credits can be purchased at any time

Refunds

Refunds are handled as follows:

• Unused evaluation credits may be eligible for refund within 30 days of purchase
• Once an evaluation credit is used, it cannot be refunded
• Refund requests must be submitted in writing to our support team
• We reserve the right to deny refunds in cases of fraud or abuse

Account Closure

If you close your account, any unused evaluation credits will be forfeited. Medical records will be retained per OSHA requirements even after account closure.

Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Submit false, misleading, or fraudulent information
• Impersonate any person or entity or misrepresent your affiliation
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our services
• Use automated systems to access our services without permission
• Reverse engineer, decompile, or disassemble any part of our platform
• Transmit viruses, malware, or other harmful code
• Collect or harvest information about other users without consent
• Use our services to spam, harass, or abuse others

Intellectual Property Rights

Our Intellectual Property

The VestMed platform, including all content, features, functionality, software, logos, trademarks, and service marks, is owned by VestMed and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our services without our express written permission.

Your Content

You retain ownership of any information and data you submit to our services. By submitting content, you grant us a limited license to use, store, and process that content solely for the purpose of providing our services to you. This license terminates when you delete your content or close your account, subject to our record retention obligations.

Medical Records

While you own your medical information, OSHA regulations require us to retain medical and fit test records for 30 years. These records may be maintained in our systems even after account closure, in accordance with legal requirements.

Medical Disclaimer

Our services provide respirator medical clearance evaluations conducted by licensed physicians. However:

• Our services do not replace your primary healthcare provider
• Clearance determinations are specific to respirator use only
• We do not diagnose, treat, or manage medical conditions
• If you have medical concerns, consult your personal physician
• In case of medical emergency, call 911 or seek immediate medical attention
• Clearance decisions are made in good faith based on information provided

You acknowledge that the accuracy of clearance determinations depends on the completeness and accuracy of information you provide. Providing false information may result in inappropriate clearance decisions and potential harm.

Disclaimers and Limitations of Liability

Service Disclaimer

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VEST SAFETY MEDICAL SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use our services
• Any conduct or content of any third party on our services
• Unauthorized access, use, or alteration of your content
• Any other matter relating to our services

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRIOR TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

Indemnification

You agree to defend, indemnify, and hold harmless VestMed, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

• Your access to or use of our services
• Your violation of these Terms of Service
• Your violation of any third-party right, including any intellectual property or privacy right
• Any false or misleading information you provide
• Any claim that your use of our services caused damage to a third party

Dispute Resolution

Informal Resolution

Before filing a claim, you agree to contact us at legal@vestmed.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations.

Arbitration

If we cannot resolve the dispute informally, you agree that any disputes will be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court. The arbitration will take place in the state where our principal place of business is located.

Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in any class action or representative proceeding.

General Terms

Governing Law

These terms are governed by and construed in accordance with the laws of the United States and the state where our principal place of business is located, without regard to conflict of law principles.

Changes to Terms

We may modify these terms at any time. We will notify you of material changes by email or through our platform. Continued use of our services after changes constitutes acceptance of the modified terms.

Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and VestMed regarding our services.

Assignment

You may not assign or transfer these terms without our prior written consent. We may assign these terms without restriction.

Contact Information

If you have questions about these Terms of Service, please contact us: