Please read these terms carefully before using our services.
Last updated: May 15, 2026
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:
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 Email Support, 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.
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.
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.
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.
All payments are processed by our merchant of record, FastSpring. Payment methods currently available on the FastSpring checkout include: major credit and debit cards (Visa, Mastercard, American Express, Discover, JCB, and UnionPay), PayPal, Google Pay, and wire transfer. Available payment methods may change from time to time; the methods presented on the FastSpring checkout at the time of your purchase are the methods we accept for that transaction. 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 FastSpring to charge your chosen payment method. All payments shall be in US dollars unless FastSpring presents an alternative currency at checkout.
We will not use your company name, logo, trademarks, or any reference to you as a customer in any public marketing, promotional, sales, or other public-facing materials (including our website, case studies, press releases, or social media) without your prior written consent. Where you grant such consent, the licence is limited to the scope and channels you approve, you may revoke it at any time on reasonable notice, and we will abide by any reasonable trademark-usage guidelines you provide us in writing. To grant or revoke consent, contact [email protected].
7.1 Auto-renewal. VirtuCath subscriptions automatically renew at the end of each subscription term (annually for annual plans, every three years for three-year plans) for a new term of equal length, at the then-current renewal price for your plan, unless you cancel before the renewal date. By purchasing a subscription, you authorise our merchant of record, FastSpring, to charge your payment method on file for each renewal.
7.2 Clear and conspicuous disclosure. The subscription term, renewal frequency, renewal price, and the fact that the subscription automatically renews are displayed on the purchase page before checkout and are restated in your purchase confirmation email. By completing the purchase you affirmatively agree to these auto-renewal terms.
7.3 Renewal reminder. For annual and multi-year subscriptions, we (or FastSpring on our behalf) will email you a renewal reminder between 30 and 45 days before the renewal date, restating the renewal date, the amount that will be charged, and how to cancel.
7.4 How to cancel. You may cancel at any time and the cancellation will take effect at the end of your current paid term. We offer two cancellation paths so you do not depend on locating an old receipt email:
7.5 No long-term lock-in. Cancellation stops future renewals; it does not entitle you to a refund of the current paid term unless you separately qualify under our Refund Policy.
7.6 Free trial. We offer a 15-day free trial of the desktop application to new users. The trial does not auto-convert to a paid subscription; you must affirmatively purchase a licence to continue using the Software after the trial ends.
This Section is intended to satisfy the disclosure and easy-cancellation requirements of the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600 et seq.), the federal "click-to-cancel" rule (16 CFR Part 425), and similar state laws (including New York Gen. Bus. Law § 527-a).
Please review our Refund Policy posted on our website prior to making any purchases.
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.
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.
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.
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.
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.
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.
15.1 These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right, in our sole discretion, to deny access to and use of the Services to any person at any time.
15.2 Refund on no-cause termination. If we terminate your paid subscription without cause — that is, absent a material breach by you or any act, omission, or condition that would entitle us to suspend or terminate the subscription for cause under these Legal Terms or the EULA — we will refund the prepaid fees for the unused portion of your then-current subscription term. No refund is owed for termination for cause or for termination by you (which is governed by Section 7 and the Refund Policy).
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.
These Legal Terms are governed by and construed in accordance with the laws of the State of Minnesota.
18.1 Informal resolution. Before initiating any formal proceeding, the parties agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Legal Terms or the Services (each, a "Dispute") through informal negotiation for a period of at least thirty (30) days following written notice describing the Dispute. Notice shall be sent to [email protected].
18.2 Binding arbitration. If the Dispute is not resolved through informal negotiation, it shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect (and, for Disputes in which the claim does not exceed US$25,000, the AAA Consumer Arbitration Rules where they apply). The arbitration shall be conducted by a single arbitrator, in English, with the seat of arbitration in Hennepin County, Minnesota; hearings may be held remotely by agreement of the parties. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
18.3 Individual basis; class-action waiver. Each party may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class proceeding. If this Section 18.3 is held unenforceable as to a particular claim, that claim shall be severed and litigated in court, but the remainder of this Section 18 shall remain in force.
18.4 Carve-outs. Nothing in this Section 18 prevents either party from: (a) seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent or stop infringement, misappropriation, or unauthorised use of intellectual property or confidential information, or to enforce the licence restrictions in the EULA; (b) bringing an individual action in small-claims court for any qualifying Dispute, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction; or (c) filing a complaint with a government agency that has jurisdiction.
18.5 Fees. Each party shall bear its own attorneys' fees and costs. AAA filing, administrative, and arbitrator fees shall be allocated under the applicable AAA rules; the arbitrator may reallocate them in the final award if a claim or defence is found to be frivolous or asserted for an improper purpose. Nothing in this Section limits a party's right to recover fees and costs where expressly authorised by statute or contract.
18.6 Opt-out. If you are a natural person, you may opt out of this Section 18 by sending written notice to [email protected] within thirty (30) days of first agreeing to these Legal Terms. The notice must include your full name, the email address associated with your VirtuCath account or purchase, and a clear statement that you wish to opt out of arbitration. Opting out does not affect the validity of any other provision of these Legal Terms.
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.
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.
21.1 Exclusion of indirect damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE LEGAL TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.2 Aggregate cap. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE LEGAL TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
21.3 Carve-outs. The exclusions and the cap in Sections 21.1 and 21.2 do NOT apply to: (a) a party's indemnification obligations under Section 22; (b) a party's breach of confidentiality obligations; (c) a party's gross negligence, fraud, or willful misconduct; (d) infringement of the other party's intellectual property rights; (e) amounts owed by you for fees under Section 7 (Subscriptions); or (f) any liability that cannot lawfully be excluded or limited under applicable law (including, for natural-person users, statutory rights such as injury to life, limb, or health).
21.4 Essential purpose. The parties agree that the limitations of liability in this Section 21 reflect a reasonable allocation of risk between sophisticated commercial parties and shall apply notwithstanding the failure of essential purpose of any limited remedy.
22.1 Your indemnity. You agree to defend, indemnify, and hold harmless VirtuCath, LLC and its officers, directors, employees, and agents from and against any third-party claim, demand, or proceeding, and any resulting losses, damages, liabilities, settlements, judgments, fines, and reasonable attorneys' fees, arising out of or relating to (a) your breach of these Legal Terms or the EULA; (b) your use of the Services in violation of applicable law; (c) content or data you submit, upload, transmit, or otherwise make available through the Services that infringes any third-party right; or (d) your gross negligence or wilful misconduct.
22.2 Our IP-infringement indemnity. We will defend you (and your officers, directors, and employees) against any third-party claim that your authorised use of the Services (including, for clarity, both the Desktop VirtuCath Application and the Web VirtuCath Braid Generator) infringes that third party's US patent, US copyright, or US trademark, or misappropriates that third party's trade secret, and we will pay the resulting damages and costs (including reasonable attorneys' fees) finally awarded by a court of competent jurisdiction or agreed to in settlement. The foregoing does not apply to the extent the claim arises from (i) your use of the Services in combination with any product, data, or content not provided by us, where the claim would not have arisen but for the combination; (ii) any modification of the Services not made by us; (iii) your continued use of an allegedly infringing version of the Services after we have made a non-infringing version reasonably available to you; or (iv) your breach of these Legal Terms or the EULA.
22.3 Remedies. If the Services are, or in our reasonable opinion are likely to become, the subject of an infringement claim, we may, at our option and expense: (a) procure for you the right to continue using the Services; (b) modify or replace the affected Services with a substantially equivalent non-infringing alternative; or (c) terminate your subscription and refund any prepaid fees for the unused portion of the subscription term. Sections 22.2–22.3 state our entire liability and your exclusive remedy for any third-party intellectual-property claim relating to the Services.
22.4 Conditions. A party seeking indemnification under this Section 22 must (a) promptly notify the indemnifying party in writing of the claim (failure to do so excuses the indemnifying party only to the extent it is materially prejudiced); (b) give the indemnifying party sole control of the defence and settlement (provided the indemnifying party will not, without the indemnified party's prior written consent, enter into any settlement that imposes a non-monetary obligation on or admits fault on behalf of the indemnified party); and (c) cooperate with the defence at the indemnifying party's reasonable expense.
23.1 Your data. We will maintain certain data that you transmit to the Services for the purpose of operating and improving the Services. You retain all rights, title, and interest in and to your data; nothing in these Legal Terms grants us a licence to your data beyond what is necessary to provide the Services to you. You are solely responsible for the accuracy, quality, and legality of the data you transmit and for ensuring that you have all required consents, rights, and authority to provide that data to us.
23.2 Security. We will implement and maintain commercially reasonable technical and organisational measures designed to protect your data against unauthorised access, alteration, disclosure, or destruction. Specific measures we use are summarised in our Privacy Policy.
23.3 Backups and data retention. While we maintain regular backups for operational continuity, we do not commit to a specific service level or recovery-point objective in these Legal Terms; if you require an enterprise-grade SLA, it must be agreed in a separate written order form. You are responsible for maintaining your own backup copies of any data you submit to the Services.
23.4 Liability for data loss. Subject to Section 21 (Limitations of Liability) and our indemnification obligations under Section 22, our liability for any loss, corruption, or unavailability of your data is limited as set out in Section 21.
23.5 Data Processing Addendum. If you are subject to the EU/UK GDPR, the Swiss FADP, the CCPA/CPRA, or comparable data-protection laws in connection with personal data we process on your behalf, you may request our Data Processing Addendum (DPA) by emailing [email protected]. Once executed, the DPA forms part of these Legal Terms; in the event of a conflict between the DPA and these Legal Terms with respect to personal-data processing, the DPA controls.
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.
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.
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.
The Software is strictly a design aid for R&D. It is not intended for, and must not be used for, clinical use, patient diagnosis, or formal medical device Verification and Validation (V&V). 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.
28.1. 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™").
To resolve a complaint or receive further information, please contact us at:
Neither party will be liable for any failure or delay in performance under these Legal Terms (other than payment obligations) to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, pandemic, fire, flood, war, terrorism, civil unrest, governmental action, labour disputes, failure of utilities or telecommunications networks, or the failure or unavailability of third-party services on which the affected party reasonably relies (including cloud-hosting, CDN, DNS, and payment processors). The affected party shall use commercially reasonable efforts to mitigate the impact and resume performance promptly. If a force-majeure event prevents the affected party from substantially performing for more than sixty (60) consecutive days, either party may terminate the affected order or subscription on written notice without further liability, and we will refund any prepaid fees for the unused portion of the affected subscription term.
You may not assign, delegate, or transfer these Legal Terms or any of your rights or obligations under them, in whole or in part, without our prior written consent (such consent not to be unreasonably withheld for an assignment to an affiliate or in connection with a bona fide merger, acquisition, reorganisation, or sale of substantially all of the assigning party's assets). We may assign these Legal Terms in whole or in part, without your consent, to (a) an affiliate, (b) a successor in interest in connection with a merger, acquisition, reorganisation, or sale of substantially all of our assets, or (c) for financing purposes. Any attempted assignment in violation of this Section is void. Subject to the foregoing, these Legal Terms bind and benefit the parties and their permitted successors and assigns.
The following provisions, together with any other provisions that by their nature should survive, will survive termination or expiration of these Legal Terms: Section 2 (Intellectual Property Rights), Section 8 (Refunds Policy, with respect to refund eligibility for the period prior to termination), Section 11 (User Generated Contributions, with respect to the licence granted), Section 12 (Contribution License), Section 17 (Governing Law), Section 18 (Dispute Resolution), Section 21 (Limitations of Liability), Section 22 (Indemnification), Section 23 (User Data and Data Processing), Section 26 (Miscellaneous), Section 27 (Simulation Tool Disclaimer), Section 28 (Ownership of Designs and Attribution), and this Section 32.
Your installation and use of the Licensed Application is governed by a separate End User License Agreement ("EULA"), which is incorporated by reference into these Terms. Please read it in full before downloading or using the Licensed Application.
Read the End User License Agreement
The EULA is also distributed with the application installer as EULA.txt and is accepted at install time. In the event of any conflict between the EULA and these Terms with respect to the Licensed Application, the EULA controls.