PLATO Terms of Service

A LEGAL DISCLAIMER

Last updated: February 14, 2025

Welcome to PLATO, a Service and web application (the “Services”) developed by ctcHealth SARL. (“ctcHealth,” “we,” “us,” or “our”). These Terms of Service (these “Terms”) constitute a legally binding agreement between you (an individual end-user, or if you are acting on behalf of an organization or entity, that organization or entity, collectively “you” or “your”) and ctcHealth regarding your use of PLATO. By registering for, accessing, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Services. If you are entering into these Terms on behalf of an organization, you represent and guarantee that you have the authority to bind the organization to these Terms. If you do not have such authority, or if you do not agree with these Terms, you may not use the Services.

1. ACCEPTANCE OF THESE TERMS

1.1 Binding Contract. These Terms, along with any referenced documents (including our Privacy Policy and other ctcHealth policies), form a legally binding agreement between you and ctcHealth. By creating an account on PLATO, or by otherwise using the Services, you acknowledge and agree to these Terms.

1.2 Other Policies. Our Privacy Policy describes how we collect, protect, and disclose information about you when you use the Services. The Privacy Policy is expressly incorporated into these Terms by reference.

1.3 Term. These Terms are effective as of the date you first register for an account on PLATO or the date you first use the Services (whichever comes first), and remain in effect until terminated pursuant to Section 7 (Term and Termination).

2. RESTRICTIONS ON USE OF THE WEBSITE

2.1 Nature of the Services.

PLATO is a platform designed to facilitate advanced conversational interactions, including speech-to-text and text-to-speech conversions, powered by cutting-edge AI models. Our Services can deploy AI-driven voice agents that interact with end-users (patients, providers, customers, and other stakeholders), including responding to queries in a realistic manner.

2.2 Underlying Technology.

ctcHealth uses VAPI (developed by Superpowered Labs Inc.) as an underlying orchestration layer and third-party technology provider. Through VAPI’s integrations with various speech recognition, large language models (LLMs), and speech synthesis providers (collectively “Providers”), PLATO can facilitate dynamic, real-time interactions. You acknowledge that:

ctcHealth may share specific and necessary data with VAPI or other Providers solely to enable the Services, in compliance with applicable data protection laws and regulations. The data shared will be limited to what is strictly required for the functionality of the Services.
ctcHealth makes no representations or warranties about the availability and quality of the services of any third-party Providers and disclaims liability for their performance, data handling or service disruptions.

2.3 License Grant.

Subject to your ongoing compliance with these Terms and any additional applicable agreements with ctcHealth, ctcHealth grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use PLATO for your internal business or personal purposes, in the manner intended and described in these Terms and in any technical documentation ctcHealth makes available.

2.4 Use Restrictions.

You agree not to, directly or indirectly, and not to allow any third party to:

Use the Services for any unauthorized, unlawful, or other prohibited purposes.
Resell, rent, lease, transfer, or sublicense the Services or any of its components.
Remove or alter any copyright notice, trademark, or other proprietary rights notices contained in or on the Services.
Copy, modify, translate, adapt, reproduce, distribute, or create derivative works from the Services or its content unless expressly permitted.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or trade secrets from the Services.
Introduce viruses, malware, or other harmful code into or through PLATO.
Attempt to disrupt the security, integrity, or performance of the Services or of any data contained therein.
Use the Services in any manner that violates any law, regulation, or these Terms, including the creation of AI-driven voice agents for illegal or unethical purposes.
Use the Services for training neural networks or machine learning systems for third-party or unapproved commercial purposes without ctcHealth’s prior written consent.

2.5 Service Updates.

PLATO may evolve or be updated from time to time to (i) add, modify, or remove features, and (ii) improve performance or functionality. These updates may be automatically installed without prior notice.

2.6 Fees.

The fees payable for the Services provided under Plato’s Service Terms are governed by the terms outlined in the main contract. These Terms do not modify or override the fee arrangements specified in the Main Contract. For details regarding fees, payment schedules, and applicable taxes, please refer to the Main Contract.
If your usage involves direct integrations with Providers via PLATO, you acknowledge that you may be separately charged by such Providers, or you may bring your own API credentials, in which case you remain responsible for the Provider’s fees.
ctcHealth reserves the right to modify its fees, introduce new fees, or change billing arrangements by posting an update or providing notice to you. Changes in fees will apply at the start of the next billing cycle or subscription term unless otherwise stated.

3. ACCOUNT REGISTRATION

3.1 Registration & Account Security.

To access PLATO, you must register for an account (“Account”). You agree to provide accurate, complete, and current information and keep your Account information updated.

3.2 Eligibility.

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. If you represent an organization, you must have the authority to agree to these Terms on its behalf.

3.3 Credentials.

You are solely responsible for safeguarding your login credentials (username and password). You must notify ctcHealth immediately if you suspect any unauthorized use of your Account. You remain responsible for all actions taken under your Account, whether or not authorized by you.

4. INTELLECTUAL PROPERTY RIGHTS, OWNERSHIPS AND GRANTS

4.1 Your Content.

In using PLATO, you may upload, transmit, or otherwise make available data, text, audio, or other materials (“Your Content”). You retain all rights in Your Content. ctcHealth does not claim ownership over Your Content.

4.2 Rights You Grant Us.

License to Handle Your Content. You grant ctcHealth (and our Providers, solely as necessary) a limited, worldwide, royalty-free, sublicensable license to host, store, process, transmit, and display Your Content for the purpose of providing and improving the Services, strictly in accordance with these Terms and your chosen configurations (e.g., data persistence vs. non-persistent “hipaaEnabled” modes).

Feedback. You may from time to time provide suggestions, comments or other feedback ("Feedback") to ctcHealth with respect to the Services. You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for ctcHealth. ctcHealth shall be free to disclose and use such Feedback at its discretion, including but not limited to incorporating such feedback into the ctcHealth’s system, products, or services, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party's obligations hereunder with respect to the information protected pursuant to ctcHealth’s Privacy Policy.

4.3 ctcHealth’s Rights.

All rights, titles, and interests (including but not limited to all Intellectual Property Rights) in and to Plato, related materials, software, content, improvements, modifications, updates, and derivatives thereof (collectively, the "Services") are and shall remain the exclusive property of ctcHealth and/or its licensors. You are granted only a limited, non-exclusive, non-transferable, and revocable right to use the Services as expressly permitted under these Terms. ctcHealth retains all rights not explicitly granted herein. Nothing in these Terms shall be construed as transferring or assigning any Intellectual Property Rights to the Customer.

4.4 Third-Party Providers.

When you enable or use any third-party service (including VAPI Providers) within PLATO, you acknowledge that these Providers handle Your Content pursuant to their own terms and policies. ctcHealth is not responsible for your use of any third-party tools, software, or services, nor for any data handling or processing by those third-party Providers.

5. aggregate statistics

ctcHealth may monitor your usage of PLATO and compile aggregated and anonymized statistics (“Aggregated Statistics”) for various purposes, such as operating, optimizing, or improving the Services, and for internal business analytics. All Aggregated Statistics are owned by ctcHealth and do not identify you personally.

6. Communications

6.1 By creating an Account or using the Services, you expressly consent to receive communications from ctcHealth, including but not limited to service updates, account notices, security alerts, and marketing materials ("Communications").

6.2 These Communications may be delivered via email, SMS, push notifications, or other electronic means to the contact information you provide.

6.3 You may manage your preferences or opt out of marketing communications by:

Following the unsubscribe instructions provided in such communications;

Contacting our customer support team.

6.4 Certain Communications are integral to the provision and security of the Services ("Operational Communications"). You acknowledge and agree that you cannot opt out of receiving Operational Communications, which may include, but are not limited to: Password reset notifications; Security alerts; Billing information; Legal notices; and Critical service updates.

6.5 You are responsible for keeping your contact information current and accurate. Failure to do so may result in you not receiving important Communications.

6.6 You are solely responsible for any charges incurred from your mobile carrier or internet service provider related to receiving our Communications.

7. TERM AND TERMINATIONS

7.1 Term.

These Terms become effective upon your first use of the Services or registration for an Account and will remain in effect until terminated in accordance with this Section 7.

7.2 Termination by ctcHealth.

ctcHealth reserves the right to suspend or terminate your Account and/or access to the Services at any time, with immediate effect, if:

You breach any provision of these Terms or fail to comply with any applicable laws or regulations;

Such termination is required by law, a regulatory authority, or due to changes in applicable legal or regulatory requirements;

The continued provision of the Services becomes impractical, impossible, or economically unviable due to circumstances beyond ctcHealth’s reasonable control (including but not limited to third party disruptions, force majeure events);

ctcHealth determines, in its sole discretion, that your continued access poses a security, compliance, reputational, or operational risk to the Service, its users, or third parties.

ctcHealth’s strategic business decisions require the discontinuation of certain Services or features (e.g., restructuring, pivoting the business model, or reallocating resources to other priorities);

ctcHealth shall not be liable for any damages or losses arising from such suspension or termination.

7.3 Termination by You.

You may terminate your Account or subscription (if applicable) at any time by providing written notice to support@ctchealth.ch and ceasing all use of the Services. Termination by you does not entitle you to any refund unless explicitly stated otherwise in these Terms.

7.4 Effect of Termination.

Upon termination of these Terms for any reason:

Your right to access and use the Services will immediately cease;

ctcHealth may deactivate your Account and delete associated data, except where retention is required under applicable laws or regulations;

Any unpaid fees accrued prior to termination shall remain due and payable; and

If you have prepaid fees for a subscription period extending beyond the termination date, ctcHealth may issue a pro-rata refund at its sole discretion, except where termination results from your material breach of these Terms.

7.5 Survival.

The provisions of these Terms that by their nature are intended to survive termination (e.g., intellectual property rights, confidentiality obligations, limitations of liability) shall remain in full force and effect.

8. changes to these terms

We may periodically update these Terms. If we make material changes, we will provide notice (e.g., by email to the last address you provided, or by posting a prominent notice on our website). Updated Terms are effective upon posting unless otherwise specified. Your continued use of PLATO after the effective date of an update constitutes your acceptance of the updated Terms. If you do not agree with the new Terms, you must stop using the Services.

9. indemnification

9.1 Your Indemnification.

You agree to defend, indemnify, and hold harmless ctcHealth, its affiliates, and their respective officers, directors, employees, agents, and representatives (“ctcHealth Parties”) from and against any and all claims, lawsuits, losses,damages, liabilities, and costs (including reasonable attorneys’ fees and court costs) arising out of or relating to:

(i) Your Contentor or any data you submit, upload, or otherwise make available through the Services; (ii) Your breach of these Termsor violation of any applicable laws or regulations; (iii) Your use of the Services, PLATO, or any third-party service in violation of these Terms or any applicable law or regulation; (iv) Your negligence, willful misconduct, or fraudulent conduct. (v) Any actions or omissions by you that result in harm to ctcHealth, its reputation, or its business operations.

This indemnity includes claims arising from third-party allegations and extends to all costs incurred by ctcHealth Parties in defending against such claims.

9.2 Indemnification by ctcHealth.

ctcHealth agrees to indemnify and hold harmless you, your officers, directors, employees, agents, or licensors from and against any and all claims, losses, damages, liabilities, and costs (including reasonable attorneys’ fees and costs of defense) arising from a third-party claim that your authorized use of PLATO in strict compliance with these Terms infringes or misappropriates the third party’s intellectual property rights, provided that:

(i) You promptly notify ctcHealth in writing of any such claim;

(ii) You cooperate with ctchealth in the defense of such claim; and

(iii) You give ctcHealth sole control over the defense and settlement of such claim.

ctcHealth may, at its sole discretion:

In the event of such a claim, ctcHealth may, at its sole discretion:

(i) Obtain the necessary rights for you to continue using the system;

(ii) Modify or replace PLATO to render it non-infringing; or

(iii) Terminate your access to PLATO and refund any pre-paid fees on a pro-rata basis for the unused portion of the subscription period.

9.3 Exclusions.

ctcHealth shall have no indemnification obligations under this Section 9 if the claim arises from:

a) your breach of these Terms;

(b) modifications to the system not authorized by ctcHealth;

(d) your failure to implement updates or modifications provided by ctcHealth that would have avoided the alleged infringement.

(e) Your failure to comply with applicable laws or regulations.

10. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ctcHealth makes no representations or warranties that:

The Services will be uninterrupted, error-free, secure, or available at any particular time or location.

Any defects or errors in the Services will be corrected.

The Services or the servers that make them available are free of viruses, malware, or other harmful components.

The services of any third party Providers are available and their performance and data handling of the quality expected.

Any information or advice provided by ctcHealth, whether oral or written, creates any warranty not expressly stated in these Terms.

ctcHealth disclaims all liability for any damages or losses resulting from third-party actions, including, but not limited to, the unavailability or malfunctioning of third-party services or systems integrated with the Services.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT:

CTCHEALTH AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CTCHEALTH’S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS (USD $100) OR (B) THE AMOUNTS PAID (IF ANY) BY YOU TO X IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow certain limitations or exclusions of liability, so the above limitations may not apply to you in full. However, in such jurisdictions, ctcHealth’s liability will be limited to the maximum extent permitted by applicable law.

12. governing law and dispute resolution

12.1 Governing Law.

These Terms are governed by and construed in accordance with the laws of Switzerland (excluding conflict-of-law principles).

12.2 Informal Resolution.

You agree to attempt in good faith to resolve any dispute with ctcHealth informally before initiating any formal legal action. You or ctcHealth may initiate this process by sending notice to the other party describing the dispute and providing relevant contact information.

12.3 Dispute Resolution.

The Parties agree to attempt to resolve any dispute arising out of or relating to these Terms or your use of the Services through mediation administered by a recognized mediation body in Geneva, Switzerland, applying Swiss law. If the parties are unable to resolve the dispute through such mediation, the dispute may be brought before a competent court in Geneva, Switzerland.

12.4 Class Action Waiver.

YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13. INTERNATIONAL USE

PLATO can be accessed from countries around the world. You are responsible for complying with all local laws when using the Services. You consent to the exclusive jurisdiction of the courts or arbitration tribunals located in Geneva, Switzerland for any dispute arising under these Terms.

14. SEVERABILITY; WAIVER

If any provision in these Terms is determined to be invalid or unenforceable, that provision shall be severed or reformed to reflect the parties’ intention, and the remaining provisions shall remain in full effect. A waiver of any right or remedy under these Terms on one occasion will not be deemed a waiver of that right or remedy on any other occasion.

15. EXPORT CONTROL

You may not use, export, re-export, import, or transfer the Services except as authorized by United States law and any other applicable laws. You represent and warrant that you are not located in a country embargoed by the U.S. and are not on any U.S. government prohibited or restricted parties list.

16. notice

All notices under these Terms must be in writing. ctcHealth may provide you notice via email or by posting on its website.

You may contact ctcHealth at:

ctcHealth, SARL.

Attn: Legal / PLATO Services

ctcHealth

Route de Chêne 5, 1207 Genève, Switzerland

Email: contact@ctchealth.ch

Tel: +41 76 317 12 23

17. assignment

You may not assign or transfer these Terms or any right or obligation except with ctcHealth’s prior written consent. ctcHealth may assign these Terms or any right or obligation at its sole discretion, without notice to you.

18. FORCE MAJEURE

ctcHealth is not responsible for any delays or failures to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, terrorism, labor disputes, or governmental actions. Each party agrees to keep all confidential information disclosed by the other party strictly confidential and not to use such information for any purpose other than as necessary to perform its obligations under this Agreement. Confidential information shall include but is not limited to business strategies, technical data, customer lists, and financial information.

19. SOURCE CODE DISCLOSURE/OPEN SOURCE

PLATO may incorporate open source or third-party software under various license terms (including VAPI integrations). Where required, ctcHealth will provide notices or source code disclosures in accordance with applicable licenses. For details, please contact support@ctchealth.ch

20. ENTIRE AGREEMENT

These Terms, together with any documents or policies referenced herein (including any applicable service level agreements or subscription agreements), constitute the entire and exclusive agreement between you and ctcHealth with respect to the Services. They supersede all prior discussions, understandings, or agreements between the parties, whether written or oral.

21. Contact Us

If you have any questions, comments, concerns, or suggestions regarding these Terms or the Services, please reach out to us at: