TERMS

Last updated: January 04, 2026

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 simulation software tools (collectively, the "Software"). The Software includes:

  • The Desktop VirtuCath Application: Our downloadable desktop simulation platform.
  • The Web VirtuCath Braid Generator: Our web-based simulation tool hosted at braid.virtucath.com.

Both tools allow engineers and designers to design, test, and optimize the performance of complex micro-catheters in a virtual environment.

You can contact us by phone at , email at , 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 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 DESIGNS AND ATTRIBUTION

28.1. Ownership of User Data (All Software)
We do not claim any ownership rights to the catheter specifications, input parameters, configuration data, or intellectual property you create while using either the Desktop VirtuCath Application or the Web VirtuCath Braid Generator ("User Design Data"). All such User Design Data remains exclusively yours.

28.2. Desktop VirtuCath Application License
For content, models, reports, and images generated using the Desktop VirtuCath Application: You are granted a perpetual, royalty-free license to use these outputs for any internal or commercial purpose, including marketing, sales, and advertising, without any requirement to provide attribution to VirtuCath, LLC.

28.3. Web VirtuCath Braid Generator License
For content, models, and images generated using the Web VirtuCath Braid Generator: You are permitted to use these outputs for any internal or commercial purpose. However, if you use images or media generated by the Web VirtuCath Braid Generator in public-facing marketing materials, advertisements, or social media, you agree to provide a clear and legible attribution to VirtuCath™ on or near the content (e.g., "Simulation generated by VirtuCath™" or "Image courtesy of VirtuCath™").

29. CONTACT US

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

30. END USER LICENSE AGREEMENT

Last updated: September 27, 2025

VirtuCath is licensed to You (End-User) by VirtuCath, LLC, located and registered in Minnesota, United States ("Licensor"), for use only under the terms of this License Agreement.

By downloading, installing, or using the Licensed Application, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

VirtuCath, LLC is solely responsible for the Licensed Application and the content thereof. This agreement is solely between VirtuCath, LLC and the End-User.

VirtuCath, when purchased or downloaded from our website https://virtucath.com/, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. VirtuCath is to be used on devices that operate with Windows 10 or later.

1. THE APPLICATION

VirtuCath ("Licensed Application") is a piece of software created to provide engineers and medical device designers with a simulation tool to accelerate the catheter design process and reduce the time and costs associated with physical prototyping. It is used to model the geometry and material properties of complex micro-catheters, simulate their mechanical behavior under various inputs, and analyze performance data in real time to optimize the design.

The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. LICENSE GRANT AND SCOPE OF LICENSE

2.1 License Grant. Subject to your compliance with the terms of this Agreement and payment of all applicable fees, VirtuCath, LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Licensed Application on a specific number of computers that you own or control, as determined by your purchase. The license is a subscription-based license. This license is managed by our third-party partner, Paddle, and is for your internal business or personal purposes.

2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 You may not share or make the Licensed Application available to third parties (except with VirtuCath, LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with VirtuCath, LLC's prior written consent).

2.5 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.6 Licensor reserves the right to modify the terms and conditions of licensing.

2.7 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. PAYMENT AND FEES

Use of the Licensed Application requires the payment of applicable fees as described on our website at the time of purchase. All payments are processed by our third-party reseller, Paddle. If you have purchased a subscription-based license, your subscription will automatically renew for the same term unless you cancel prior to the renewal date. You may manage your subscription through your Paddle account.

4. SOFTWARE DELIVERY AND ACTIVATION

Upon successful payment, you will receive an email with a download link for the Licensed Application and a unique license key. This license key is required to activate the software and is tied to your purchase. You are responsible for safeguarding your license key and preventing its unauthorized use.

5. TECHNICAL REQUIREMENTS

5.1 You acknowledge that it is Your responsibility to confirm and determine that the end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned in the preamble of this Agreement.

5.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

6. MAINTENANCE AND SUPPORT

The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Contact Information section.

7. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://virtucath.com/privacy-policy.html.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, application software, and peripherals, to offer product support, facilitate software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

8. USER-GENERATED CONTRIBUTIONS

The Licensed Application allows you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

9. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Licensed Application, 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. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

10. LIABILITY

10.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

10.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

10.3 The Application is a simulation tool for design and informational purposes only. The Company is not liable for any damages, losses, or costs arising from the use or misuse of the data generated by the Application. The user agrees that they are solely responsible for all physical testing, validation, and regulatory compliance of any product designed with the aid of the Application.

11. WARRANTY

11.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

11.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of VirtuCath, LLC's sphere of influence that affect the executability of the Licensed Application.

11.3 You are required to inspect the Licensed Application immediately after installing it and notify VirtuCath, LLC about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.

11.4 If we confirm that the Licensed Application is defective, VirtuCath, LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

11.5 Refund Policy. Our refund policy is available on our website at https://virtucath.com/. All refund requests must be submitted to support@virtucath.com in accordance with the terms of our refund policy. Refunds, if approved, will be processed through our payment partner, Paddle.

11.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

12. LICENSE COMPLIANCE AND AUDIT RIGHTS

You agree that VirtuCath, LLC may, upon reasonable notice, audit your use of the Licensed Application to ensure compliance with this Agreement. You agree to cooperate with such an audit and provide reasonable access to records related to your use of the Licensed Application. Any such audit shall be conducted during regular business hours and shall not unreasonably interfere with your business operations.

13. PRODUCT CLAIMS

VirtuCath, LLC and the End-User acknowledge that VirtuCath, LLC is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

  • (i) product liability claims;
  • (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
  • (iii) claims arising under consumer protection, privacy, or similar legislation.

14. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

15. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

VirtuCath Support

support@virtucath.com

16. TERMINATION

The license is valid until terminated by VirtuCath, LLC or by You. Your rights under this license will terminate automatically and without notice from VirtuCath, LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

17. THIRD-PARTY TERMS OF AGREEMENTS

VirtuCath, LLC represents and warrants that VirtuCath, LLC will comply with applicable third-party terms of agreement when using Licensed Application.

18. INTELLECTUAL PROPERTY RIGHTS

VirtuCath, LLC and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on that third party's intellectual property rights, VirtuCath, LLC will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

19. APPLICABLE LAW

This License Agreement is governed by the laws of the State of Minnesota, United States, excluding its conflicts of law rules.

20. MISCELLANEOUS

20.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

20.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

20.3 The Application may contain or be distributed with third-party software (such as the MuJoCo physics engine), which is provided under its own license terms. A copy of the applicable third-party licenses is included with the Application's documentation. This Agreement does not alter any rights or obligations you may have under those third-party licenses.