Terms and Conditions

TERMS AND CONDITIONS

Last updated: September 27, 2025

1. AGREEMENT TO OUR LEGAL TERMS

We are VirtuCath, LLC ("Company," "we," "us," "our"), a company registered in Minnesota, United States at .

We operate the website https://virtucath.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Our Services provide information, documentation, and access to our downloadable software, VirtuCath™ (the "Software"). The Software is a desktop simulation platform that allows engineers and designers to design, test, and optimize the performance of complex micro-catheters in a virtual environment on their local computer.

You can contact us by phone at , email at sales@virtucath.com, or by mail to .

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and VirtuCath, LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions that may be posted on the Services from time to time are hereby expressly incorporated by reference. We reserve the right to make changes to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. AGREEMENT TO OUR LEGAL TERMS
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. PRODUCTS
  5. PURCHASES AND PAYMENT
  6. MARKETING AND PUBLICITY
  7. SUBSCRIPTIONS
  8. REFUNDS POLICY
  9. SOFTWARE
  10. PROHIBITED ACTIVITIES
  11. USER GENERATED CONTRIBUTIONS
  12. CONTRIBUTION LICENSE
  13. SERVICES MANAGEMENT
  14. PRIVACY POLICY
  15. TERM AND TERMINATION
  16. MODIFICATIONS AND INTERRUPTIONS
  17. GOVERNING LAW
  18. DISPUTE RESOLUTION
  19. CORRECTIONS
  20. DISCLAIMER
  21. LIMITATIONS OF LIABILITY
  22. INDEMNIFICATION
  23. USER DATA
  24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  25. CALIFORNIA USERS AND RESIDENTS
  26. MISCELLANEOUS
  27. SIMULATION TOOL DISCLAIMER
  28. OWNERSHIP OF USER-GENERATED DESIGNS
  29. CONTACT US

2. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws. The Content and Marks are provided "AS IS" for your internal business purpose only.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity to comply with these Legal Terms; (2) you are not a minor; (3) you will not access the Services through automated means; (4) you will not use the Services for any illegal purpose; and (5) your use will not violate any applicable law.

4. PRODUCTS

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

5. PURCHASES AND PAYMENT

We accept Visa, Mastercard, American Express, Discover, PayPal, Purchase Orders, Google Pay, and Apple Pay. You agree to provide current, complete, and accurate purchase and account information. You agree to pay all charges at the prices then in effect, and you authorize us to charge your chosen payment provider. All payments shall be in US dollars.

6. MARKETING AND PUBLICITY

By purchasing a commercial license for VirtuCath, you grant VirtuCath, LLC a limited, non-exclusive, royalty-free, worldwide license to use your company's name and logo on our website, and in our promotional and marketing materials, for the sole purpose of identifying you as a customer. We will abide by any reasonable trademark usage guidelines you provide to us in writing. If you do not wish to grant this permission, you may opt-out by sending an email to support@virtucath.com at any time.

7. SUBSCRIPTIONS

Your subscription will continue and automatically renew annually unless canceled. You may cancel at any time through the subscription management link provided in your purchase receipt email. Your cancellation will take effect at the end of the current paid term. We offer a 15-day free trial to new users.

8. REFUNDS POLICY

Please review our Refund Policy posted on our website prior to making any purchases.

9. SOFTWARE

Your use of the Software is governed by its accompanying End User License Agreement ("EULA"). If no EULA is present, we grant you a non-exclusive, revocable, personal, and non-transferable license to use the software solely in connection with our services and in accordance with these Legal Terms.

10. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make them available. Prohibited activities include, but are not limited to: systematically retrieving data without permission, circumventing security features, disparaging us or the Services, and using the Services in a manner inconsistent with any applicable laws or regulations.

11. USER GENERATED CONTRIBUTIONS

We may provide you with the opportunity to create, submit, or broadcast content and materials to us, including but not limited to comments, suggestions, or other feedback (collectively, "Contributions"). Any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. You warrant that your Contributions do not infringe on any third-party rights and are not false, misleading, or objectionable.

12. CONTRIBUTION LICENSE

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions.

13. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against violators; and (3) otherwise manage the Services in a manner designed to protect our rights and property.

14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion, deny access to and use of the Services to any person for any reason.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time. We cannot guarantee the Services will be available at all times and will not be liable for any modification, suspension, or discontinuance.

17. GOVERNING LAW

These Legal Terms are governed by and construed in accordance with the laws of the State of Minnesota.

18. DISPUTE RESOLUTION

The Parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days. If unresolved, the dispute will be finally and exclusively resolved by binding arbitration in Hennepin County, Minnesota.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions at any time.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. OUR LIABILITY WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services or breach of these Legal Terms.

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing performance. However, you are solely responsible for all data you transmit. You agree that we shall have no liability to you for any loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

You consent to receive electronic communications and agree that all agreements, notices, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

25. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

26. MISCELLANEOUS

These Legal Terms constitute the entire agreement between you and us. Our failure to exercise or enforce any right shall not operate as a waiver.

27. SIMULATION TOOL DISCLAIMER

The Software is a simulation tool for design and informational purposes only. The results and data generated by the Software are theoretical and are not a guarantee of real-world performance. The user is solely responsible for all design, testing, validation, and regulatory compliance for any physical products.

28. OWNERSHIP OF USER-GENERATED DESIGNS

We do not claim any ownership rights to the catheter designs, parameters, data, or any other intellectual property you create while using the Software. All such intellectual property remains exclusively yours.

29. CONTACT US

To resolve a complaint or receive further information, please contact us at: