These Terms of Use (the “Terms”) are a binding contract between you and Neum, Inc., a Washington corporation, that provides the VetRec service (“VetRec”, “we”, “us”, and/or “our”). These Terms set forth the terms and conditions regarding your access to and use of the VetRec website at vetrec.io (the “Site”) and any other services offered as part of the VetRec platform (collectively the “Services”).
These Terms are updated and effective as of Apr 10, 2024.
We refer to you (our Site visitors) collectively in these Terms using “you” and/or “your.” These Terms govern your use of the Services. You must be 18 years of age to use the Services. If you sign up on behalf of a company or other entity, you represent that you have the authority to bind that organization and its affiliates to these terms.
You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Any use you make of the Services means that you agree to all of these Terms. These Terms will remain in effect, and a binding contractual obligation between you and VetRec, while you use the Services, and will extend beyond your use of the Services as indicated below.
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH BELOW. YOU HAVE THIRTY (30) DAYS FOLLOWING THE LATER OF YOUR INITIAL ACCEPTANCE OF THESE TERMS OR YOUR FIRST USE OF OUR SERVICE TO OPT-OUT OF OUR ARBITRATION REQUIREMENT.
Key Definitions
Here are a few key definitions we use throughout these Terms of Service - please keep them in mind:
“Account” means an account through which you will access the Services.
“Admin” is a User who has created at least one Team and is the initial Admin of any Team they create. Admins can invite individual eligible Users to their Teams, invite and remove others from their Teams, and create and delete their Teams.
“Content” is used in these Terms to refer to any content generated or captured by the Site through the Services that you, or someone you are legally responsible for under these Terms, generates or captures using the Services, including, specifically, recordings, written summaries and notes.
“Member” is a User who joins a Team.
“Personally Identifiable Information” or “PII” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you such as your name, email address, IP address, telephone number.
"Recording” means the recorded conversation between a User and a client during a veterinary appointment.
“Team” refers to the shared Content space enabled by the Site, which can be created at any time by any User.
“Transcription” means a written record of the Recording made by VetRec as a result of User’s use of the Service.
“Users” refers collectively to anyone who creates an account on the Site.
Privacy Policy
VetRec’s Privacy Policy (as updated from time to time) explains our data handling, privacy, and security practices in language we hope will be widely accessible, and all references in these Terms to the “Privacy Policy” refer to the latest version of this document. However, these Terms alone set forth your legal obligations with respect to your access to our Services and constitute your contract with us. In the event of a conflict between the interpretation of our Privacy Policy and these Terms, these Terms will control. You agree that you understand and accept the activities described in our Privacy Policy or any subsequent privacy and data handling practices when you use the App.
Eligibility for the Services
Any person over 18 may use the Services for their own commercial purposes in accordance with these Terms and the Acceptable Use Guidelines below, provided they accept and agree to these Terms.
The Services are intended solely for professional veterinary applications. Using the Services for other activities is unauthorized and a violation of these Terms.
Only real individual humans using the Site for an authorized purpose may create an account, as further explained in our Acceptable Use Guidelines below.
To be a User, you agree to:
- Provide us with accurate, complete, and updated registration information about yourself.
- If you use SSO, use only SSO credentials for accounts you have all necessary rights to use.
- Select a Display Name that does not misrepresent your identity as that of another user or identifiable individual.
- If you opt to use a profile photo, the photo must meet our Acceptable Use Guidelines.
Using our Site
Our Services are tailored to enhance the efficiency and efficacy of veterinary practices. Our proprietary algorithm facilitates the creation of SOAP notes – Subjective, Objective, Assessment, and Plan records – for your patients. This involves recording, transcribing, and categorizing audio from appointments, which is processed into transcripts along with summaries, insights, and discharge notes.
You can create an individual account or a team with your colleagues. To create a team, you can name the organization and invite your colleagues to occupy an admin or member role. We let our users control the selection of who can join their team through our invitation process, as well as whether the users on their team occupy an admin or member role. You hereby acknowledge, understand, and agree that all members of a team can view all Content on that Team, and you are solely responsible for:
- Inviting other Members to your Teams. You acknowledge and agree that Users you invite can also invite others, so you should invite those you trust to use the Team appropriately and invite others who will use the Team appropriately.
- Joining Teams only upon the invitation of Users who you trust to maintain the level of privacy and security you want for your Content (including by only inviting others to the Team who are trustworthy).
- Inviting Users to your Teams only when they meet the eligibility guidelines set forth in these terms.
- Inviting Members to your Teams only when you believe they will follow the Acceptable Use Guidelines in these Terms.
You acknowledge and agree that VetRec will not monitor who Users invite to a Team, whom an Admin chooses to remove from their Team. However, we may investigate the history, membership, and/or Content of a Team when we have reason to believe a User has violated these Terms and/or broken the law.
At any time, any User may:
- Terminate their account, provided we may take a reasonable time to remove your personal information from our systems after receiving notice that you wish to terminate;
- Leave any Team they previously joined as Admin or Member; and/or
- Delete any Team in which they are Admin, which will disable access of Users to Content shared by the Team, but will not delete any underlying Content.
Conditioned upon your compliance with these Terms, VetRec grants you a limited, revocable, non- exclusive, non-assignable, non-sublicensable, non-transferable license, to (i) access, view, and use the Services solely for your personal use and (ii) access and view any Content to which you are permitted access. You may not and will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by VetRec or its licensors, except for the licenses and rights expressly granted in these Terms.
Any use of the Services that contradicts our mission and purpose is strictly prohibited and constitutes a material breach of these Terms. This includes actions such as attempting to connect with individuals whom you do not know or trust using the Site, as well as using information obtained from the Services for personal or unauthorized commercial purposes without our explicit written consent. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Services.
If at any point you are concerned the privacy or security of your personal information and/or Content may have been compromised in the App, you agree to first email support@vetrec.io with a description of your concerns to provide us with a reasonable opportunity to investigate, respond to, and clarify those concerns. You and VetRec agree to attempt informal dispute resolution, as detailed in these Terms, before you make any public filing or accusation of wrongdoing related to such dispute.
Content on VetRec
You are the owner of Content you generate on VetRec. You also grant VetRec certain limited license rights to your Content which allow us to operate the Services. Nothing in this section will be construed to give VetRec a right to sell personal information of users or users’ Content to third parties.
When you choose to use the Services, you agree, represent, and warrant, without any further consent, notice and/or compensation to you or to any third parties:
- To grant to VetRec (to allow us to operate the Services, not to sell to any third-party) a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, modify, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, and use, in any way now known or in the future discovered, the Content and any feedback you choose to provide to us or our agents, including without limitation any written, oral, or visual communications of any kind you choose to provide to us related to the Services.
- To assume the risk of loss of any Content. For example, if you generate Content and a User deletes it, we are not responsible or capable of providing you with a backup of your Content.
- That you have, and will maintain during your use of the Services and/or the term of these Terms, any and all rights necessary or desirable to generate the Content and grant us the foregoing license. For example, and not as a limitation, if you initiate a Recording, you agree, represent, and warrant that you have obtained the consent of the individuals participating in the consultation to record the consultation and generate Content in accordance with these Terms.
- That you consent to the use and handling of any PII by the Services as described in our then-current Privacy Policy.
- That, if we discover or have reason to believe that a User’s email address on our systems to be inaccurate or misappropriated, we may terminate the account associated with that email in accordance with these Terms.
- That you own the information you provide VetRec under these Terms, and may request its deletion from our systems at any time by deleting the Content from the VetRec platform. You acknowledge and agree that deleting your PII and/or Content from our systems cannot and does not constrain the downstream use of that information if other members of your Team copied, screenshot or downloaded it before you removed it.
- That you have obtained all required consent related to collecting, disclosing, and using client data, including PII, in Recordings and Transcripts. You are solely responsible for obtaining proper consent as required and where relevant.
- That you will protect the privacy and security of your own account, including without limitation by
-- keeping your password secure and confidential;
-- not permitting others to use your account;
-- refraining from using other Users’ accounts;
-- refraining from selling, trading, or otherwise transferring your VetRec account to another party;
-- refraining from charging anyone for access to any portion of the Site, Services, or any information therein.
-- remaining responsible for anything that happens through your account unless you have previously terminated your account, or proving that your account security was compromised due to no fault of your own.
- That, if you believe that you are entitled or obligated to act contrary to these Terms under any law to which you are subject, you will provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to these terms, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
Intellectual Property
We, and our licensors, retain all intellectual property rights related to our Services, including software, services, and content. You retain ownership of all intellectual property rights in any information you record or generate through our Services. We may compile “Aggregated Statistics” based on anonymized and/or de-identified data pertaining to your use of the Services for improving and providing our Services, as long as they remain anonymized. All rights and intellectual property in Aggregated Statistics belong solely to us.
Except for your own user data, all materials within our Services, including software, images, text, graphics, illustrations, logos, patents, trademarks, copyrights, audio, and video, are our exclusive property and/or that of our licensors. You are not granted a license to this intellectual property and agree not to sell, modify, distribute, reproduce, or create derivative works from any VetRec content or materials without permission.
The "VetRec" name and branding, along with other trademarks, service marks, and trade dress associated with our platform, are the property of VetRec and its affiliates. You may not use these in connection with non-VetRec products or services in a way that causes customer confusion or disparages VetRec.
Fees and Payments
As an Account Owner, it's your responsibility to ensure timely payment for all paid aspects of the Services when accessing them through your Account. This involves maintaining valid and sufficient credit/debit cards or other approved payment methods, such as through our payment processor Stripe. If there are any payment delinquencies, we may suspend or terminate your Account. Please note that you will not be eligible for any refunds upon termination or expiration of your agreement with us, nor for any partial use of our Services or credits. Even after termination or expiration of your agreement, you remain liable for any charges incurred or amounts owed to VetRec for the Services.
Additionally, to use our payment processing and billing services, you may need to agree to additional terms from our third-party payment provider. Your use of our Services is contingent on you agreeing to those payment processor terms, if applicable.
Subscription and Payment
When you sign up for our Services, you gain access to our platform's features. You may access the Services via paid or free plans (each a “Service Plan”). Upon subscribing to a paid Service Plan, which may include a Free Trial, your membership will continue on a month-to-month or year-to-year basis until cancellation. You agree to pay all applicable fees according to the billing terms in effect at the time. Any changes to your billing address or payment method must be promptly updated. We reserve the right to adjust prices and billing methods with prior notice.
Free Trials
We may make all or part of the Services available to you on a trial basis free of charge (“Free Trial”). The Free Trial period begins upon registration. After the Free Trial is complete, a notification will prompt you to upgrade to a paid tier to continue enjoying uninterrupted access to our Service’s full functionality. Free Trials are subject to eligibility criteria determined at our discretion.
Service Subscription Fees
You are responsible for payment of applicable fees associated with your chosen Service Plan. Detailed membership information, including pricing and Free Trial end dates, can be viewed on your "Account" page. Monthly or yearly subscription fees will be billed accordingly, and the billing cycle continues until cancellation. Refunds for Services are non-refundable unless otherwise stated in the Terms provided.
Taxes
Service fees do not include any applicable sales tax. If we are legally obligated to collect sales tax, it will be added to your payment in addition to the fees for the Services.
Automatic Renewal
Your subscription to a free or paid Service Plan will automatically renew unless terminated in accordance with these Terms. After each subscription period, your membership will renew for an equivalent period at the current price. To manage your subscription, including cancellation or changes, please contact us at support@vetrec.io. Cancellation of a subscription will take effect immediately for free plans and at the end of the current term for paid plans, with no prorated refunds provided. By subscribing to a paid Service Plan, you authorize your payment method to be charged for renewal fees. Failure to receive payment may result in suspension or termination of your subscription until payment is received.
Termination
To delete your Account, navigate to the Settings page while logged into the Site and click the “Delete Account” button. Subscription fees are nonrefundable. You agree to pay for the remainder of any period in which you provide notice that you’d like to terminate your Account that has been billed in advance.
When your Account is deleted as a result of your changes to the settings on the Site, we delete your account and the Content you have uploaded or generated while using the Services.Certain anonymous or anonymized information relating to your past access to the Services may be retained by VetRec after you terminate your account, provided that any such records are de-identified and do not contain your PII. Please refer to our Privacy Policy for more information about account removal.
VetRec may immediately and without notice terminate and disable your access to the Services if VetRec determines, in its sole discretion, that (a) you have materially breached these Terms; (b) you have violated applicable laws, regulations or third-party rights; (c) such action is needed to protect the safety or property of, or present serious harm to, other users, VetRec, or third parties; and/or (d) we have reason to believe you have violated these Terms. If we intend to remove your account in accordance with this section, we will try to provide advance notice to you before we remove your account. We need not provide notice if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of VetRec to provide such notice.
Provisions that, by their nature, should survive termination of these Terms shall survive any termination of your account. As an example and not a limitation, any obligation you have to pay us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us are provisions that will survive the termination of your account and/or these Terms.
Integration with Third Party Applications
Our Services may provide functionality to integrate with your third-party veterinary practice information management system (PIMS), electronic medical record (EMR) system, or other third-party applications and software you use to operate your veterinary practice. This integration allows you to automatically synchronize certain information, such as patient records, client data, appointments, and other relevant information, between our Services and your third-party systems.
You acknowledge and agree that any access, use, or integration with a third-party software, application, or system is solely at your own risk. We are not responsible or liable for the functionality, security, privacy, compliance, or availability of any third-party software, application, or systems that you choose to integrate with our Services. You are solely responsible for obtaining any necessary permissions, consents, or authorizations from the providers of those third-party systems to allow the integration and data sharing.
By transmitting any data from our Services to a third-party application or system through the integration features, you acknowledge and agree that we have no control over how that third party will use, store, or handle such data. Any issues, breaches, or liabilities that arise from the third party's handling or use of the transmitted data will be your sole responsibility.
We do not warrant or guarantee that any integration or data synchronization between our Services and a third-party application will be error-free, uninterrupted, or meet your specific requirements. Any issues, failures, data discrepancies, loss of data, or disruptions that arise from the integration are your sole responsibility. We shall not be liable for any damages, losses, or disruptions to your operations that result from your use of integration features to connect our Services with third-party applications.
You agree to indemnify and hold us harmless from and against any claims, damages, or liabilities arising from your use of integration features, including any issues caused by the third-party software or application, or your failure to obtain the necessary permissions or consents from third-party providers.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that VetRec has the right, but not the obligation, to copy, store, publish, display, and use such Feedback in any manner without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Service.
You can send any Feedback you may have to hello@vetrec.io.
Disclaimer of Warranties; Disputes with Other Users
YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND VETREC, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, SAFETY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. VETREC, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR OTHER HARMFUL SOFTWARE CODE WILL BE TRANSMITTED THROUGH THE SERVICES.
VetRec makes no warranties or representations regarding the Services whatsoever, and specifically disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) a User’s failure to obtain consent from individuals for recording a consultation; and (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from VetRec or through the Services, will create any warranty or representation not expressly made herein.
If you are a resident of a state that limits disclaimer of warranties language by law, the above language in this section (disclaimer of warranties) is intended to be only as broad and inclusive as is permitted under the law. If any portion of this section is held to be invalid under the law of the state where you reside, the invalidity of such portion shall not affect the validity of the remaining portions of this section.
If there is a dispute between Users of our Services, or between Users and any third party, you agree that VetRec is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release VetRec, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL VETREC (OR ITS LICENSORS, PARTNERS, AGENTS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) ANY CLAIMS, DAMAGES, OR LIABILITIES THAT MAY ARISE FROM YOUR FAILURE TO OBTAIN THE APPROPRIATE CONSENTS, PERMISSIONS, OR AUTHORIZATIONS REQUIRED FOR THE USE, DISCLOSURE, OR SHARING OF ANY INFORMATION, DATA, OR CONTENT THROUGH THE SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VETREC, EXCEED THE LESSER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO VETREC IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. VETREC SHALL HAVE NO LIABILITY FOR ANY MATTER BEYOND OUR REASONABLE CONTROL.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT VETREC HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THESE LIMITATIONS OF LIABILITY ARE A MANDATORY CONDITION OF OUR OFFERING FREE OR SUBSCRIPTION-BASED SERVICES TO YOU AT THEIR CURRENT PRICE.
IF YOU ARE A RESIDENT OF A STATE THAT LIMITS LIMITATION OF LIABILITY LANGUAGE BY LAW, THE ABOVE LANGUAGE IN THIS SECTION (LIMITATION OF LIABILITY) IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER THE LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAW OF THE STATE WHERE YOU RESIDE, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
Indemnity
You agree to defend and indemnify VetRec and its affiliated parties from any and all third-party claims, actions, suits, proceedings, and demands arising from or related to your violation of these Terms (a “Claim Against Us”), including:
i) your use of and access to the Services, including any Content therein and any data transmitted or received by you;
(ii) any injury, property damage, illness, disability, medical costs and expenses, death, loss of services or otherwise arising out of, relating to, or in connection with your engaging in any activity offered via the Services;
(iii) your violation of any term herein, including without limitation, your breach of any of the representations and warranties;
(iv) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
(v) your violation of any law, rule or regulation of the United States or any other country;
(vi) any claim or damages that arise as a result of any information that is submitted by you or via your account;
(vii) any claim or penalty from a taxing authority related to your activities on the Service;
(viii) any claim arising from your failure to obtain proper consent for recording consultations; or
(viv) any other party’s access and use of the Service with your unique username, password or other appropriate security code.You will indemnify VetRec for all reasonable attorney’s fees incurred, damages, and other costs finally awarded against VetRec in connection with or as a result of, and for amounts paid by VetRec under a settlement you approve of in connection with, a Claim Against Us. We will provide you with prompt written notice of any Claim Against Us and allow you the right to assume the exclusive defense and control, and cooperate with any reasonable requests assisting your defense and settlement of such matter. This section states your sole liability with respect to, and VetRec’s exclusive remedy against you for, any Claim Against Us.
Limitations on Indemnifications
Notwithstanding anything contained in the preceding section, no settlement may be entered into by an indemnifying party, without the express written consent of the indemnified parties (such consent not to be unreasonably withheld), if (i) the third party asserting the claim is a government agency, (ii) the settlement arguably involves the making of admissions by the indemnified parties, (iii) the settlement does not include a full release of liability for the indemnified parties, or (iv) the settlement includes terms other than a full release of liability for the indemnified parties and the payment of money.
IF YOU ARE A RESIDENT OF A STATE THAT LIMITS INDEMNIFICATION LANGUAGE BY LAW, THE ABOVE LANGUAGE IN THIS SECTION (INDEMNIFICATION) IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER THE LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAW OF THE STATE WHERE YOU RESIDE, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
General
Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by VetRec (a) via email (in each case to the address that you provide) or (b) by posting to the Site, or other VetRec Service.
No Waiver. The failure of VetRec to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without VetRec’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. VetRec may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Arbitration. These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration on an individual basis in New York, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Service, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in New York, New York.
If you do not agree to the terms of this Arbitration Provision, you may opt-out of Arbitration within thirty (30) days of agreeing to these Terms by notifying VetRec in writing of your intention to opt-out of the Arbitration Provision. This notice must contain (1) your first and last name, (2) the email you used to sign up for the Services, (3) the effective date of your notice, and (4) a clear statement of your intention to opt out, such as “I wish to opt-out of the Arbitration provision in the VetRec Terms of Service.” Your opt-out request must be sent either via email from an account carrying the same name and email address as the account subject of the opt-out request to support@vetrec.io.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND VETREC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.
Entire Agreement. These Terms constitute the entire agreement between you and VetRec regarding your use of VetRec’s Services, and supersede all prior written or oral agreements. Additional terms may apply to certain products or Services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Contact Us. If you have questions about these Terms, or about our use of your information, please contact us at support@vetrec.io.
Modification. VetRec reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we materially modify these Terms, as determined by VetRec in its sole discretion, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Service, you are indicating that you agree to be bound by any modified Terms.
These Terms are updated and effective as of Apr 10, 2024.
