1. Agreement to Terms
By accessing and/or using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or use our Services. Please review our Privacy Policy, which also governs your access and use of the Services, for information on how we (or our third-party representatives or affiliates) collect, use, and share your information.
2. Changes
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
3. Eligibility and Access; Account
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Incipet, and not otherwise barred from using the Services under applicable law. Subject to Section 4(a), to use the Services on the Site, you’ll need to create an account and provide certain basic information about yourself and your pet (including but not limited to your name, date of birth, and email address, and details about your pet’s breed, age, and activity level.
You agree that you won’t misrepresent your identity or otherwise provide any deceptive or misleading profile information in connection with your account. It’s important that you provide us with accurate, complete, and current account information and keep this information up to date. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on user accounts or on the amount of content that can be accessed from the Services at any one time.
4. License; Restrictions
So long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use the Services solely for the Beta Experience, and not for any other commercial use.
You will not, and will not allow a third party to:
- reverse engineer, decompile or disassemble the Services;
- modify or create derivative works of, distribute sell, sublicense or otherwise transfer any aspect of the Services;
- copy the Services, except as strictly necessary to use the Services in accordance with the terms of Section 5;
- use the Services, or any confidential information, to create, improve (directly or indirectly) or offer a substantially similar product or service, or build a competitive product.
If you encounter another user who is violating any of these rules, please contact us at [email protected]. We may (but are not obligated to) investigate violations of these Terms or conduct that affects the Services.
5. Ownership of the Services; Feedback
We and our affiliates and licensors own all title, ownership, and intellectual property rights in the Services. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
6. Third Party Websites and Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
7. Disclaimers
7.1. Warranty Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT A WARRANTY OF ANY KIND. INCIPET EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE INCIPET PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE INCIPET PARTIES MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES.
7.2. Acknowledgment of Development Status of the Services
You acknowledge and agree that:
- the Services may not operate properly, be in final form or fully;
- the Services may contain bugs, errors, design flaws or other problems;
- it may not be possible to make the Services fully functional;
- we have the right unilaterally to abandon development of the Services, at any time and without any obligation or liability to you.
7.3. Pet Health Disclaimer
Any advice provided by our Services or through a veterinary professional is for your decision support purposes only (i.e., to assist you in making your veterinary medical decision). The Services are not a substitute for an in-person evaluation of your pet by a veterinary doctor. Communications with veterinary professionals through the Services are inherently limited and do not include safeguards and procedures typical of in-person evaluations and visits.
No client-professional relationship shall be formed between you and us as a result of you using the Services. Communications with any professionals through the Services are not confidential and shall not be the subject of any associated privileges. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question or situation may differ depending on your location and information typically discovered through in-person evaluation. Veterinary professionals available through the Services may be licensed, certified, educated, employed by or have experience in only particular jurisdictions or within particular fields
IF YOU BELIEVE YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, SEEK APPROPRIATE EMERGENCY VETERINARY MEDICAL CARE IMMEDIATELY. You acknowledge sole responsibility for and assume all risk arising from your use of the Services.
7.4. Artificial Intelligence Disclaimer
In addition to the foregoing, you acknowledge that the Services and any output provided through the Services are all provided on an “as is”basis without any implied or express representations or warranties.
GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE SERVICES MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, OR OTHERWISE UNDESIRABLE, OR THE SERVICES MAY HALLUCINATE. FOR CLARITY, INCIPET WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM THE SERVICES, ANY CONVERSATIONS, OUTPUT OR ANY OF THEIR USE BY YOU OR ANY OTHER PARTY.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL (I) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED $500 AND (II) WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR INDIRECT DAMAGES OF ANY KIND, INCLUDING DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR LOSS OF USE, DATA, BUSINESS OR PROFITS ARISING OUT THESE TERMS, OR THE USE OF OR RELIANCE ON OUR SERVICES OR, IN EACH CASE, FOR ANY ERROR OR DEFECT THEREIN, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9. Termination
We may suspend or terminate your access to and use of any or all the Services, with no liability or notice to you in the event that (a) we believe or have determined that you breached these Terms (including our other policies specified in these Terms); or (b) we otherwise deem it necessary to terminate these Terms in our sole discretion, for any reason. Upon any termination of these Terms, the rights granted to you will automatically terminate, you may no longer exercise any of those rights or these Terms. The following sections will survive termination of these Terms: 5, 7, 8, 10, 11 and this sentence of Section 9.
10. Governing Law and Forum Choice
These Terms and any action related thereto will be governed by the laws of the State of New York, without regard to its conflict of laws provisions. The exclusive jurisdiction for any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services will be the state and federal courts located in New York, New York, and you and Incipet each waive any objection to jurisdiction and venue in such courts.
11. General Terms
These Terms constitute the entire and exclusive understanding and agreement between Incipet and you regarding use of the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Incipet and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Incipet’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null and void in its entirety. Incipet may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and any permitted assigns. No provision of these Terms is intended to confer any rights, benefits, remedies, obligations, or liabilities hereunder upon any person or entity other than you and Incipet and each party’s respective successors and permitted assigns.
Any notices or other communications provided by Incipet under these Terms will be given by posting to the Services. Incipet’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Incipet. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
12. Contact Information
If you have any questions about these Terms or the Services, please contact Incipet at [email protected].