These Terms are entered into between you and VITHOULKAS INTELLIGENCE SINGLE MEMBER P.C., distinctive title "VITHOULKAS BRAIN", a single-member private company registered in Greece under General Commercial Registry (Γ.Ε.ΜΗ.) No. 194103107000, with registered office at 19 Persefonis Street, Elefsina 19200, Attica, Greece, VAT No. 803299861 ("Vithoulkas Brain", "we", "us"). The VB Platform is operated by Vithoulkas Brain under a licence from CENTRE OF HOMEOPATHIC MEDICINE S.A. (International Academy of Classical Homeopathy), which owns the underlying intellectual property.
1. Acceptance of Terms
By accessing or using the Vithoulkas Brain Platform ("VB Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Services ("Terms"), Data Processing Agreement (DPA) and Privacy Policy. If you do not agree to these Terms, you must refrain from accessing or using the Platform.
2. Intended Use
The VB Platform is intended solely for individuals who are trained in or otherwise knowledgeable about the practice of homeopathy.
The VB Platform enables you, as a healthcare professional, to record and process your patients' case data (including symptoms, clinical history and other information, which may include data concerning health) in order to identify the appropriate homeopathic remedy. With respect to such patient data, you act as the data controller and Vithoulkas Brain acts as your data processor; that processing is governed by the Data Processing Agreement ("DPA"), which forms part of these Terms and which you accept upon registration. You are solely responsible for ensuring that you have a valid legal basis for processing your patients' data (in particular Article 9(2)(h) GDPR and your duty of professional secrecy) and for providing your patients with any information required by law. You are encouraged to apply data minimisation and to avoid entering direct patient identifiers (such as full name, contact details or identification numbers) where these are not necessary for your clinical use. Patient case data is stored in encrypted form; Vithoulkas Brain does not access it in the ordinary course of operation, and technical access occurs only upon your documented request to resolve a technical issue, as further described in the DPA and the Privacy Policy.
Users are solely responsible for ensuring compliance with all applicable data protection and privacy laws, including the General Data Protection Regulation (EU) 2016/679 (GDPR), where applicable.
3. User Registration
To access certain features of the VB Platform, you are required to register for an account. You agree to provide accurate, current, and complete information and to keep it updated.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Vithoulkas Brain immediately of any unauthorized use of your account or any other breach of security.
Each account is personal to a single individual. You may not share your account or login credentials with, or allow access by, any other person, and an account may not be used by more than one individual. Each person who uses the Platform must register for their own account and accept these Terms, the DPA and the Privacy Policy. Only one active session per account is permitted at any time.
Clinics, colleges, schools and other institutions may contact us for volume or institutional pricing; however, each individual user must still hold a personal account and accept these Terms, DPA and the Privacy Policy. Shared or multi-user accounts are not permitted.
4. Professional Conduct
The Platform is designed for homeopaths and health professionals. You agree to conduct yourself in accordance with applicable professional and ethical standards. Any misrepresentation of professional qualifications, certifications, or affiliations is strictly prohibited.
5. Content Ownership and License
Users retain ownership of all content they submit or post on the VB Platform. By submitting content, you grant Vithoulkas Brain a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and distribute such content solely in connection with the operation of the Platform.
6. No Secondary Use of Case Data
Vithoulkas Brain does not access, analyse, sell, or use your patients' case data for research, educational, statistical, marketing, model-training or any other secondary purpose. Case data is processed solely to provide the Platform to you, on your instructions and as set out in the Data Processing Agreement.
7. Prohibited Activities
You agree not to engage in any activity that:
- Violates these Terms or any applicable law;
- Infringes upon the rights of others;
- Includes the dissemination of misleading or false medical information;
- Harasses, threatens, or abuses other users;
- Attempts to gain unauthorized access to or disrupt the security, integrity, or functionality of the VB Platform.
8. Termination
Vithoulkas Brain reserves the right, in its sole discretion, to suspend or terminate your account or access to the VB Platform at any time, with or without notice, for violation of these Terms or for any other reason deemed appropriate.
9. Disclaimer of Warranties
The VB Platform is provided on an "as is" and "as available" basis. Vithoulkas Brain makes no warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. The Platform may generate suggestions, analyses, or informational outputs. Such outputs may be incomplete, inaccurate, or not clinically validated. Vithoulkas Brain does not guarantee the accuracy, reliability, or usefulness of any such outputs. Users rely on the Platform and its outputs entirely at their own risk.
10. Limitation of Liability
To the fullest extent permitted by law, Vithoulkas Brain shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from or related to your use of or inability to use the Platform.
11. Indemnification
You agree to indemnify, defend, and hold harmless Vithoulkas Brain, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, or your infringement of any third-party rights.
12. Changes to Terms
Vithoulkas Brain reserves the right to modify these Terms at any time. Any modifications will be communicated to users through the Platform or other reasonable means.
For material modifications (including changes to pricing, user rights, or liability), Vithoulkas Brain will notify users at least thirty (30) days in advance and require express acceptance (click-to-accept) before continued access to the Platform is granted. Your continued use after such acceptance constitutes agreement to the updated Terms.
For non-material modifications (including clarifications, corrections of typographical errors, or updates reflecting changes in applicable law that do not adversely affect users' rights), Vithoulkas Brain will notify users by posting the updated Terms on this page with the revised effective date. Your continued use of the Platform following such notification constitutes your acceptance of the non-material changes.
13. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
14. Medical Disclaimer
The Vithoulkas Brain Platform is provided for informational, educational, and research purposes only and does not constitute medical advice, diagnosis, or treatment.
Vithoulkas Brain does not provide healthcare services and does not assume any responsibility for clinical decisions made by users. Any reliance on information or outputs generated by the Platform is solely at your own responsibility.
Use of the VB Platform does not create any doctor-patient relationship or other professional relationship between Vithoulkas Brain and the user or any third party.
The Platform is not a substitute for professional medical judgment, diagnosis, or treatment. Users remain solely responsible for their professional decisions and for ensuring compliance with applicable medical, legal, and ethical obligations.
15. Entire Agreement
These Terms constitute the entire agreement between you and Vithoulkas Brain concerning your use of the Platform and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written.
16. Intellectual Property Rights
All rights, title, and interest in and to the VB Platform, including but not limited to its software, algorithms, databases, design, and content (excluding user-submitted content), are and shall remain the exclusive property of CENTRE OF HOMEOPATHIC MEDICINE S.A. (International Academy of Classical Homeopathy), Greece. Vithoulkas Brain operates the Platform and uses this intellectual property under a licence from the said rights holder.
Users are granted a limited, non-exclusive, non-transferable, revocable license to use the Platform for its intended purpose.
Users are strictly prohibited from copying, reproducing, distributing, transmitting, displaying, selling, licensing, modifying, reverse engineering, decompiling, disassembling, extracting, or creating derivative works from any part of the Platform, in whole or in part, by any means or in any form, without the prior express written consent of CENTRE OF HOMEOPATHIC MEDICINE S.A. (International Academy of Classical Homeopathy).
Any unauthorized use of the Platform or its content may result in immediate termination of access and may give rise to legal action.
17. Acceptable Use
In addition to the restrictions outlined above, users agree not to:
- Reverse engineer, decompile, or attempt to extract the source code of the Platform;
- Use automated systems (including bots or scrapers) to access or extract data;
- Use the Platform for unlawful, fraudulent, or misleading purposes;
- Resell, redistribute, or commercially exploit the Platform or its outputs without authorization;
- Interfere with or disrupt the integrity or performance of the Platform.
Any breach of the Acceptable Use provisions constitutes a material violation of these Terms.
Vithoulkas Brain reserves the right, at its sole discretion and without prior notice, to:
- Immediately suspend or terminate the user's account and access to the Platform;
- Restrict or block access from specific IP addresses or devices;
- Remove or disable any content associated with the violation.
In addition, Vithoulkas Brain reserves the right to pursue any and all legal remedies available under applicable law, including but not limited to claims for damages, injunctive relief, and recovery of legal fees. Users shall be held fully responsible and liable for any damages, losses, or harm caused to Vithoulkas Brain, its affiliates, or third parties as a result of such violations. Where applicable, Vithoulkas Brain may report unlawful activities to relevant authorities.
18. Service Availability
Vithoulkas Brain does not guarantee that the Platform will be uninterrupted, secure, or error-free. The Platform may be temporarily unavailable due to maintenance, updates, or technical issues. Vithoulkas Brain shall not be liable for any disruption, delay, or unavailability of the Platform.
19. Third Party Services
The Platform may rely on or integrate with third-party services, including hosting, analytics, or infrastructure providers.
Vithoulkas Brain is not responsible for the availability, performance, or practices of such third-party services. This clause concerns third-party services in the user's own environment and does not affect Vithoulkas Brain's responsibility for its sub-processors under the Data Processing Agreement.
20. Eligibility
The Platform is intended for use only by individuals who are at least 18 years old and who possess the necessary professional knowledge or qualifications in homeopathy or healthcare.
By using the Platform, you represent and warrant that you meet these requirements.
21. Payments, Subscriptions and Refund Policy
Access to certain features of the Platform may require payment. Current pricing and subscription plans are available at https://vithoulkasbrain.com/pricing/.
Right of withdrawal: You have the right to withdraw from this agreement within fourteen (14) days of registration without giving any reason. By expressly requesting immediate access to the Platform before the withdrawal period expires, you acknowledge that you lose this right upon commencement of performance. Where a right of withdrawal is exercised before performance commences, a full refund will be issued within fourteen (14) days. By accessing or otherwise using the Platform during the withdrawal period, you expressly request and consent to the immediate commencement of performance and the supply of digital content, and you acknowledge that you thereby waive and lose your right of withdrawal. Accordingly, once you have started using the Platform, you are no longer entitled to withdraw from this agreement and no refund will be due.
Vithoulkas Brain reserves the right to modify pricing at any time, with reasonable notice to users.
After your access expires, any remaining points will be transferred to your next subscription when you renew it.
Data after expiry or inactivity: If your subscription expires or is not renewed and you have not deleted your account, your stored case data will be retained on our servers for twelve (12) months from the date your access lapses. During that period, upon your request, we will restore read-only access to your account for one (1) month so that you may download and save your cases. At the end of the twelve-month period your case data will be permanently deleted; we will send a courtesy reminder to your registered e-mail address before such deletion. You remain solely responsible for exporting and retaining your own records in good time, including any patient records you are required to keep under applicable professional or medical record-keeping rules.
22. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Greece. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Athens, Greece.