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Terms of Use — Petscription

Last updated: TODO(owner): date of publication

Draft for legal review. These Terms are written to serve as the Petscription app's end-user license agreement (replacing Apple's standard one) and as the terms of the petscription.app website. Items marked TODO(owner) are legal facts not yet settled and must be filled in before publication.

These Terms of Use ("Terms") govern your use of the Petscription mobile app (the "App") and the petscription.app website (together, the "Service"). The Service is operated by TODO(owner): legal name of the operator/company ("we", "us"). By downloading, installing or using the App, or by using the website, you agree to these Terms. If you do not agree, do not use the Service.

1. Acknowledgement

These Terms are an agreement between you and us only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). We, not Apple or Google, are solely responsible for the App and its content. If you got the App from the Apple App Store, these Terms do not override the Apple Media Services Terms and Conditions; where the two conflict, Apple's terms prevail for your use of the App on Apple devices.

2. Scope of License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial care of your pets.

  • If you got the App from the Apple App Store, you may use it on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The App may also be accessed by other accounts associated with you through Family Sharing or volume purchasing.
  • If you got the App from Google Play, you may use it on devices you own or control, as permitted by the Google Play Terms of Service.

You may not copy, modify, reverse engineer, resell or redistribute the App, or use it to break the law or to harm others. All rights not expressly granted to you are reserved by us.

3. Accounts

You need an account to use the App. You must give accurate information, keep your sign-in secure (your password, or your Apple or Google account if you sign in with one) and tell us if you believe your account has been used without your permission. You are responsible for what happens under your account. You must be at least TODO(owner): minimum age years old, or have the consent of a parent or guardian, to create an account.

4. Free plan and Premium subscriptions

  • Free plan. A free account can keep one pet. It can accept a veterinarian's invitation and receive that veterinarian's prescriptions and visit records.
  • Premium. Premium is an optional subscription, offered monthly or annually. It adds more pets and other features, such as linking a pet to a veterinarian from your side (with a code or a share link), the veterinarian directory, chat with veterinarians and vaccinations recorded by your veterinarian. The features included may change over time; the App shows what is included before you subscribe.
  • Billing and renewal. Subscriptions are sold and billed by the Apple App Store or Google Play, at the price shown in the store before you confirm. The subscription renews automatically at the end of each period unless you turn off auto-renewal at least 24 hours before the period ends.
  • Cancellation and refunds. You can manage or cancel your subscription in your App Store or Google Play account settings. Deleting the App or your account does not cancel it. Refunds are handled by Apple or Google under their own policies.
  • Going back to the free plan. If your subscription ends and you have more than one pet, all your pets become read-only until you are down to one pet or subscribe again. Reminders for those pets keep working.

5. Your content

You keep ownership of the information, photos and files you add to the Service ("your content"). You give us permission to store, copy, process and display your content only as needed to run the Service for you, including sharing it with the veterinarians you choose. You are responsible for your content and confirm that you have the right to use it. How we handle personal data is described in our Privacy Policy.

6. Sharing with your veterinarian

When you link a pet to a veterinarian, that veterinarian can see the pet's basic profile (name, species, breed, sex, birth date, weight) and your name, and can send you prescriptions and visit records for that pet. With Premium, the veterinarian can also see the pet's visits, prescriptions and vaccinations, record vaccinations and chat with you. Records a veterinarian writes are that veterinarian's professional responsibility. You can revoke a veterinarian's access to a pet at any time in the App.

7. Not veterinary advice

The Service helps you organize your pet's care and history. It does not provide veterinary advice, diagnosis or treatment and does not replace a veterinarian. Reminders depend on your device's settings and may not always arrive; always follow your veterinarian's instructions and check doses yourself. In an emergency, contact a veterinarian immediately.

8. Maintenance and Support

We alone are responsible for providing any maintenance and support for the App, as described in these Terms or as required by law. Apple and Google have no obligation to provide any maintenance or support for the App. For support, contact us using the details in the Contact section.

9. Warranty

We are responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple (if you got the App from the App Store), and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our sole responsibility.

To the extent permitted by law, the Service is provided "as is" and "as available", and we do not promise that it will be uninterrupted or free of errors. Nothing in these Terms limits rights you have under consumer protection laws that cannot be waived. TODO(owner): legal review of warranty disclaimers and limitation of liability under applicable law.

10. Product Claims

We, not Apple or Google, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. These Terms do not limit our liability to you beyond what is permitted by applicable law.

11. Intellectual Property Rights

The App, the website and the Petscription name and logo belong to us or our licensors. If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple or Google, are solely responsible for the investigation, defense, settlement and discharge of that claim.

12. Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree to follow all laws that apply to your use of the Service.

13. Termination and account deletion

You can stop using the Service at any time and delete your account in the App (Settings → Delete Account). What happens to your data when you do is described in the Privacy Policy. We may suspend or end your access if you seriously or repeatedly break these Terms, or if required by law, and will tell you when we reasonably can. Sections that by their nature should continue (such as Product Claims and Intellectual Property Rights) survive termination.

14. Third-Party Terms of Agreement

When using the App you must comply with any third-party terms that apply to you, such as your mobile carrier's data plan, the Apple Media Services Terms and Conditions or the Google Play Terms of Service. Sign in with Apple and Sign in with Google are also subject to Apple's and Google's own terms.

15. Third-Party Beneficiary

You and we acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

16. Governing law

These Terms are governed by the laws of TODO(owner): governing law, and disputes will be resolved in TODO(owner): courts or venue, without prejudice to any mandatory consumer protection rules of the country where you live.

17. Changes to these Terms

We may update these Terms from time to time. We will change the "Last updated" date above and, for material changes, tell you in the App or by email before they take effect. If you keep using the Service after changes take effect, you accept the new Terms.

18. Contact

Questions, complaints or claims about the Service:

  • TODO(owner): legal name and postal address of the operator
  • Email: [email protected]
  • Phone: TODO(owner): phone number