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Vital is a mobile app in Thailand, which integrates a generative AI plugin to help users understand and interpret their health check results. The app will provide personalized explanations of health test results, explain the implications of these results, and offer general advice for improving the user's health condition to empower users with knowledge about their health and facilitate informed decision-making. Vital does not provide medical advice; the user may want to consult the user's physician for additional medical information.

 

By agreeing to use Vital’s services, the user agrees with Vital’s Privacy Policy and other contents. Vital reserves the right to revise the present Terms & Conditions, the Privacy Policy, and other contents. Modifications will be announced on Vital’s official website without further notification. Upon announcement, the revised Terms & Conditions and rules automatically become a part of the Terms & Conditions, without further notification to the User for user’s consent. In case of objection to such changes, the user may decide to stop using Vital's service; should the user keep using Vital’s services, it will be deemed that the user agrees with the revised Terms.

 

1. INTERPRETATION

In this Terms & Conditions:

 

1.1) The headings and paragraph numbering are for convenience only and shall be ignored in construing this Terms & Conditions;

 

1.2) Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to them in this Terms & Conditions, unless the context shall otherwise require;

 

1.3) The singular includes the plural and vice versa;

 

1.4) Terms not herein expressly defined shall have the meanings ordinarily ascribed thereto in the Black Law Dictionary;

 

1.5) References to Articles, Sections and Schedules are, unless the context otherwise requires, references to Articles, Sections of, and Schedules to, this Terms & Conditions;

 

1.6) References to any agreement, enactment, ordinance, or regulation includes any amendment thereof or any replacement in whole or in part;

 

1.7) All references herein to time are to Thailand time;

 

1.8) The words “include,” “includes” and “including” are not limiting; and

 

1.9) The words “hereof,” “herein,” and “hereunder” and words of similar import when used in this Terms & Condition shall refer to this Terms & Conditions as a whole and not to any particular provision of this Terms & Conditions.

 

2. DEFINITION

In this Terms & Conditions, the following expressions shall have the meaning hereby respectively assigned to them, except where the context otherwise requires:

 

2.1) Terms & Conditions means this Data Processing Terms & Conditions.

 

2.2) Applicable Law means all respects with the provisions of any law applicable in any part of Thailand, including but not limited to Thailand Personal Data Protection Act B.E.2562.

 

2.3) Affiliate means a mean (i) a corporation performing activities relating to Vital’s business in which Vital owns and controls, directly or indirectly, at least fifty percent (50%) of the outstanding shares entitled to vote for the board of directors; (ii) a franchisee or licensee of Vital; or (iii) a joint venture with a third party (x) which joint venture performs activities relating to Vital's business, and (y) in which Vital owns or controls at least twenty percent (20%) equity interest.

 

2.4) Personal Data means any information pertaining to the Service’s Users, which enables the identification of such persons, whether directly or indirectly, but does not include data of dead persons in particular.

 

2.5) Data Subject / Personal Data Owner means the individuals who own personal information and shall include parents who have the power to act on behalf of minors, the guardian has the power to act on behalf of the incompetent or the guardian who has the power to act on the behalf of the incompetent.

 

2.6) Data processing means an operation or part of an operation which is done on personal data, whether by automated means, such as collection, recording, organization storage structure, modifications, alterations, recovery, consultation, use, disclosure by sending spread or make available correct placement or consolidation, limitation, deletion, and destruction.

 

2.7) Service means the service provided by Vital in accordance with clause 2.1 of the Main Terms & Condition, which is the offering of personalized health explanation and general suggestion services. Such functions may be optimized or modified according to changes of Vital’s policy, and service supply may be suspended due to regular and irregular maintenance.

 

2.8) Confidential Information means any or all information regarding the service which Vital has procured or disclosed to the User, and the information that Vital is owning or possessing.

 

2.9) Personal Data Controller means Vital (Thailand) Co., Ltd.

 

2.10) Personal Data Processor means the person in charge of processing the Data on behalf of the controller; it may be Vital (Thailand) Limited, one or several employees from Vital (Thailand) Limited, a 3rd Party contracted by Vital (Thailand) Limited to process data according to Vital’s specifications.

 

2.11) Licensed Software means software system developed by Vital, downloaded from the platform, and installed and applied in specified system mobile terminals.

 

2.12) Services means the services provided for the User by Vital (Thailand) Co., Ltd. The user can use such services on the mobile terminal with the licensed software.

 

3. SCOPE OF SERVICE

3.1) Vital offers the User the personalized health explanation and general suggestion services. Service contents include health results interpretation, non-medical suggestions based on health reports and family health history, and analysis reports, etc. These services are the health result interpretation and suggestion generated from users’ input data which is analyzed by generative AI. Such functions may be optimized or modified according to changes of users' preferences, and service supply may be suspended due to regular and irregular maintenance. 

 

3.2) Vital grants the User the right to use the product based on this software.

 

3.3) The User is prohibited to license, sell, lease, transfer, issue the product in any form, or use the product for any commercial purposes. Due to limitations on software adaptation platforms and terminals, the User can only use the licensed software in the authorized system platform and terminal; if the user installs the licensed software on other terminal equipment, it may damage the user’s hardware or software function.

 

3.4) The User acknowledges that the licensed software can only be used for non-commercial purposes and installation, application and running of the licensed software is prohibited. If such commercial operation is necessary, prior written authorization and permission from Vital shall be obtained.

 

3.5) Vital may change, upgrade or transfer the licensed software or relevant functions from time to time, and may add new functions or services in the licensed software system. If no separate agreements are accompanied with the aforesaid new functions or services, the User is entitled to the corresponding functions and services, which is also subject to the Terms & Conditions.

 

3.6) The User is responsible for the accuracy, reliability, integrity and legality of input data, and legality of the way in which the user obtains the data and shall back up data and information from time to time. Vital will not bear any responsibilities related to the damage or loss of the input data, nor on their legality at any points.

 

3.7) The User is responsible for keeping account number and password confidential. Should the User notice a breach in confidentiality (including but not limited to divulgence of User’s password), the User shall notify Vital in due time; Vital will assist the User in taking relevant measures. It is agreed that Users bear all responsibilities related to their accounts.

 

3.8) The User understands that the suggestions and interpretation are analyzed based on the users’ input, meaning that if the user does not input all of the related data that are required for a certain AI analysis, misinterpretation may occur. As a result of that, the user acknowledges that the user has to take all the non-input factors/ data into consideration before following the output from the generative AI.

 

4. THIRD PARTY

The third parties are Vercel (Vercel Edge Network, Vercel Edge Functions, Vercel Serverless Functions, Edge Middleware, Image Optimization, Edge Cache, Data Cache, Cron Jobs, Vercel KV, Vercel Postgres, Vercel Blob, Vercel Edge Config, Content Delivery Network, Web Analytics, Speed Insights, Monitoring, Runtime Log, Activity Log, Compliance Measure, Firewall, Access Control, SAML SSO, HTTPS/SSL, Directory Sync, Secure Compute, Deployment Protection, DDoS Mitigation, Domains, Integration, Vercel REST API, Domain Name System), Supabase (Authentication, Database, Storage, Edge Functions, Realtime, Vector), Cloudflare (Analytics, API, Advanced DDoS, Content Delivery Network, Cloudflare Image, Load Balancing, Cache Reserve, Cloudflare Workers, Cloudflare D1, Cloudflare R2, Cloudflare RV, API Gateway, Gateway, API Shield, Domain Name System) and Expo (Over The Air Update, Content Delivery Network).

 

4.1) The User acknowledges that certain services of Vital are based on software or services provided by a third party. Such service is set to facilitate the user’s application and necessary legal authorization is obtained from the third party.

 

4.2) The product includes certain information and services of the third party. Vital neither controls nor bears responsibility for information and services of the third party.

 

4.3) The User acknowledges that Vital cannot guarantee that the licensed software always uses or contains such services, or that other software provided by the same third party will be used in the future. Likewise, it may use similar services supplied by another third party. Upon application, the aforesaid corresponding software or services are subject to this Terms & Conditions.

 

5. SERVICE APPLICATION STANDARD

5.1) The User agrees to use the Services and the related licensed software only for the purpose of the Services. The following ways will be considered as breaches of the normal use of the Services:

a. Issue or share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data;

b. Collect information or data of other users without authorization, for example, email address and the like;

c. Maliciously use the product in an automatic way, causing overload to the server, or interfere with or damage web server and network links in other forms.

d. Attempt to visit server data or communication data of the product without authorization;

e. Interfere with or damage the production application by other users.

 

5.2) The User understands and agrees that:

a. Violations and breaches of the aforementioned standards will be determined at Vital’s discretion. In cases of violations or breaches, Vital reserves the right to suspend or terminate the user’s application license immediately, without notice or take other restrictions according to agreements.

b. Vital will directly delete information in breach of laws, or infringing others' legal rights, or in breach of the Terms & Conditions.

c. If a third party suffers from damages due to the user's breach of application standards, the User shall solely and independently bear legal responsibilities.

d. If Vital suffers from any loss due to the user's breach of relevant laws or the Terms & Conditions, users are responsible for compensating Vital for any resulting losses or expenses.

 

6. INFORMATION CONTENT STANDARD

6.1) The User promises that the User will not conduct any act in breach of laws or improper behaviors by using the service.

 

7. TYPE OF PERSONAL DATA

The Personal Data shall be separated in 3 categories as follows:

 

7.1) Account data (such as email, name, profile name, phone, etc.): all data to create and maintain User's profile and ensure a smooth use of the services.

7.2) Technical data related to the usage of the Services (such as IP, device, OS, etc.): all data ensuring proper technical functions of the Services.

 

7.3) User's input data related to health and personal information needed by the AI to analyze and create a personalized report for the User.

 

8. USE OF DATA

Vital use the collected data for various purposes:

1. To create and manage accounts

2. To provide products or services of health result interpretation and suggestion

3. To enhance AI model training 

4. To improve products, services, or user experiences

5. To share and manage information within organization

6. To conduct marketing activities and promotions (such as users’ feedback) using de-identifying data

7. To provide after-sales services

8. To gather user’s feedback

9. To process payments of products or services

10. To comply with Vital’s Terms and Conditions

11. To comply with laws, rules, and regulatory authorities

 

9. CHILDREN

If the user is under the age of 20 or having legal restrictions, Vital may collect, use, or disclose the user's personal data with the consent from the user's parents or legal guardians according to   applicable laws. If Vital becomes aware that some personal data was collected  from children without verification of parental consent, Vital will take steps to remove that information from Vital’s servers.

 

10. EXCEPTION CLAUSES

10.1) Unless laws and regulations explicitly state otherwise, Vital will make every effort to enhance the security, validity, accuracy, and reliability of the licensed software, technologies, and associated information. However, it is important to note that Vital cannot guarantee these aspects due to current technological limitations.

 

10.2) User agrees that Vital will not be liable for any direct or indirect losses caused to the User by force majeure and/or default of a third party.

 

10.3) User shall be responsible for personal injury or incidental or indirectly injury caused by or related to one of the following accidents:

a.) A third party uses the licensed software or changes user’s data without permission;

b.) Expenses and losses produced by using the licensed software;

c.) User’s misunderstanding of the licensed software;

d.) Other losses related to licensed software caused by reasons not attributable to Vital.

 

10.4) Any other licensed software-derived software not developed and released by Vital or the development and release are not granted by Vital is illegal software. Downloading, installing, and using such software may cause unpredictable risks. Vital shall be free from legal responsibilities and disputes generated therein and Vital shall have the right to suspend or terminate application license and/or other all services.

 

10.5) The user has been informed that the usage of Vital Mobile App involves Internet service, which may be affected by unstable factors in all links. Although Vital has taken safeguard measures, the service may be suspended, terminated, delayed, suffered from application restriction or application failure due to inherent defects of Internet and e-communication as well as factors beyond reasonable control of any party to the Terms & Conditions (including but not limited to fire, flood, terrorist attack, pestilence, natural disasters, riot, terminal virus, hacker attack, network fault and terminal fault). The user hereby agrees to bear foregoing risks and agrees that Vital is free from any responsibility when normal running of services is influenced by the occurrence of foregoing risks.

 

11. TERMS & CONDITIONS TERMINATION AND BREACH OF TERMS & CONDITIONS

11.1) The User should understand that the User shall use the licensed software according to the authorization scope, respect intellectual property of software and contents contained in the software and perform obligations according to the Terms & Conditions when using Vital 's services. Vital will terminate the application license if the User is in material breach of the Terms & Conditions.

 

11.2) User’s application of the software relies on supporting services supplied by Vital 's related companies. Breach of terms, agreements, rules, annunciation, and other relevant regulations of Vital and its related companies may cause failure in normal usage of licensed software, in which case, Vital shall be entitled to terminate the application license, or take measures to restrain user’s application license or other rights and interests controlled by Vital as agreed in the Terms & Conditions, including suspension or termination of user’s application license.

 

11.3) In case of user’s breach of the Terms & Conditions or other Terms & Conditions agreed with Vital, Vital shall have the right to notify the related companies, requiring them to take restrictive measures to user’s rights and interests, including requiring related companies to suspend or terminate supplying part or whole services for the User, and legally announce user’s breach of Terms & Conditions on websites run or actually controlled by them.

 

11.4) The licensed software is downloaded from the platform and the User shall abide by stipulations of the download platform, system platform and terminal manufacture on application ways and restrictions of the licensed software. If the above-mentioned third party confirms that the User is in breach of the Terms & Conditions and Vital's treatment is required, Vital may terminate the user's application license at the third party's request.

 

11.5) When the application license terminates, Vital shall delete user information and block access from the user.

 

12. RIGHT OF DATA SUBJECT (USER)

12.1) The User has the right to access and obtain a copy of his or her personal data for which the data controller is responsible by contacting the data protection offer (DPO) via the email address found at the end of these Terms and Conditions.

 

12.2) The User shall have the right to object to the collection, use, or disclosure of his or her personal data.

 

12.3) The User shall have the right to request the controller to erase, destroy or make it become unidentifiable data.

 

12.4) The User shall have the right to restrict the use of personal data.

 

12.5) The User shall be able to easily withdraw consent as it is given.

 

13. TRANSFER OF PERSONAL DATA

13.1) Data storage location and transfer exception

Subject to Clause 7.1 and 7.2, The Data Processor will maintain the data in the region specified in these Terms & Conditions. However, if it is required to transfer the data to another region to guarantee the proper functioning of the Services, the Data Controller may decide to transfer the data outside of the region mentioned in the present version of the T&Cs. If so, and only after instruction from the Data Controller, the Data Processor may transfer the data to another region. The User therefore agrees to such a transfer decided by the Data Controller, in accordance with the applicable laws related to Personal Data at the time of transfer.

 

14. THE DUTIES OF AFFILIATES OF DATA PROCESSORS

14.1) Data Processor is obligated to set up its affiliate in accordance with the rights and duties set forth in these Terms & Conditions only.

 

14.2) Duties of affiliates required to participate in the service agreement relevant to the duty for protecting and securing the data. Moreover, Data Processor for the affiliated companies and the data processors in the said period to perform the duties as stipulated in these Terms & Conditions as well as according to the laws governing cases.

 

15. SECURITY MEASURES FOR PROTECTING PERSONAL DATA

15.1) Data Security - Data Processors use commercially reasonable physical, administrative, and technical safeguards to preserve the integrity and security of Personal Data, as per the current applicable laws and the current technical state of the art. Data Processor provides various security strategies to effectively ensure data security of user and device. As for device access, Data Processor proprietary algorithms are employed to ensure data isolation, access authentication, and application for authorization. As for data communication, communication using security algorithms and transmission encryption protocols and commercial level information encryption transmission based on dynamic keys are supported. As for data processing, strict data filtering and validation and complete data audit are applied. As for data storage, all confidential information of users will be safely encrypted for storage. If user have reason to believe that user’s interaction with Vital is no longer secure (for example, if user feel that the security of any account user might have with Vital has been compromised), user could immediately notify Vital of the problem by emailing to the data protection officer (DPO) via the email found at the end of these Terms and Conditions.

 

15.2) Data confidentiality – Data Processors, affiliates, and sub-processors in accordance with the above clause 8 are obligated to process personal information under a written confidentiality agreement or non-disclosure agreement.

 

16. ALTERNATIVE DISPUTE RESOLUTION (ADR)

Any dispute arising out of or relating to these Terms & Conditions, including the alleged breach, termination, validity, interpretation, and performance thereof (“Dispute”) shall be resolved with the following procedures:

 

16.1) Negotiation. Upon written notice of any Dispute, the Parties shall attempt to resolve it promptly by negotiation between related authorities to settle the Dispute and this process should be completed within 30 days.

 

16.2) Mediation. If the dispute has not been resolved by negotiation in accordance with clause 16.1) above, then the Parties shall proceed to mediation unless the Parties at the time of the dispute agree to a different time frame. A “Notice of Mediation” shall be served, signifying that the Negotiation was not successful and to commence the mediation process. The parties shall agree on a mediator; however, if they cannot agree within 14 days then [then a local mediation from Thailand Arbitration Center] shall appoint a mediator. The mediation session shall be held within 45 days of the retention of the mediator, and last for at least one full mediation day, before any party has the option to withdraw from the process. The parties may agree to continue the mediation process beyond one day, until there is a settlement agreement, or one party [or the mediator] states that there is no reason to continue because of an impasse that cannot be overcome and sends a “notice of termination of mediation.” All reasonable efforts will be made to complete the mediation within 30 days of the first mediation session.

 

During the course of the mediation, no party can assert the failure to fully comply with clause 16.1) above, as a reason not to proceed or to delay the mediation. The service of the Notice of Mediation shall stay the running of any applicable statute of limitations regarding the Dispute until 30 days after the parties agree that the mediation is concluded, or the mediator issues a Notice of Impasse. Each side shall bear an equal share of the mediation costs unless the parties agree otherwise.

 

All communications, both written and oral, during clause 16.1) and 16.2) are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence; however, documents generated in the ordinary course of business prior to the Dispute, that would otherwise be discoverable, do not become confidential simply because they are used in the Negotiation and/or Mediation process.

 

16.3) Arbitration. Any Dispute not resolved through negotiation or mediation in accordance with paragraphs 16.1) and 16.2) shall be resolved by final and binding arbitration in accordance with the rules of Thailand Arbitration Center Rule on Mediation, B.E. 2557 (2014). The arbitration will be held in Bangkok, Thailand using one arbitrator, unless the Dispute exceeds one million dollars (USA) in which case there shall be three neutral arbitrators, as a panel. The arbitrators may award costs and/or attorneys’ fees to the prevailing party. The parties understand that arbitration is final and binding and that they are waiving their rights to other resolution processes (such as court action or administrative proceedings). The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.

 

17. GOVERNING LAW

17.1) These Terms & Conditions shall be governed by and construed in accordance with laws of Thailand, without regard to its conflicts of law’s provisions and without regard to the User’s location.

 

17.2) Failure or neglect by Vital or the User to exercise any rights hereunder, insist upon strict compliance with, or perform obligations under these Terms & Conditions shall not constitute a waiver of these provisions. Vital reserves the right to require strict compliance with these Terms & Conditions at any time. Any indulgences or extensions of time or latitude granted by one Party to the other shall not constitute a waiver of rights and shall not prevent the exercising of any rights that may have arisen in the past or may arise in the future.

 

17.3) Each of the provisions of the Terms & Conditions shall be considered as separate terms and conditions. In the event that the Terms & Conditions is affected by any legislation or any amendment thereto, or if the provisions herein contained are by virtue of such legislation or otherwise held to be illegal, invalid or unenforceable, then any such provisions shall be ineffective only to the extent of the illegality, invalidity or unenforceability and each of the remaining provisions hereof shall remain in full force and effect as if such illegal, invalid or unenforceable provision was not a part hereof.

 

18. MISCELLANEOUS

Except as otherwise expressly provided herein, any provision of this Terms & Conditions may be amended and the observance of any provision of this Terms & Conditions may be waived (either generally or in any particular instance and either retroactively or prospectively) at Vitals discretion. The continuous use of the Services by the User will imply acceptance of the new Terms & Conditions by the User. Disagreement of revised Terms & Conditions by the User can only be expressed by ceasing using the Services. In this case, the User may, or may not, request for deletion of User’s data.

 

19. CONTACT INFORMATION

If user have any questions about this Privacy Policy or would like to exercise user’s rights, user can contact Vital by using the following details:

 

Data Controller

Vital (Thailand) Co., Ltd.

vitallife@gmail.com

 

Data Protection Officer

Vital team

vitallifedev@gmail.com