Pet Parent Terms Of Service

Only residents of the United States or Canada (excluding the province of Quebec) are eligible to access the Services. For clarity, residents of Quebec are not eligible to access the Services. Services can only be accessed via your use of the applicable App. Support provided via our website is only for non-medical or non-veterinary services support, not for making use requests for the Services. Certain Services are available on a pay as you go or a la carte model. Services are also available in various packages under a subscription model (each a “Membership Service”). Users may subscribe to a Membership Service plan directly (a “Direct Membership”), or may register for an account to receive Membership Services as part of a package of services or benefits that a User is entitled to through that User's relationship with an employer or third party provider of other products or services who has a commercial arrangement with AIRVET (“Sponsored Membership”). The scope of what is included in your Membership Services package can vary.

To use certain features of the Site or certain Services, you must establish an account (“Account”). Upon registration, you will select a user ID and password. You must provide accurate and complete information and keep your Account information current by contacting us with any updates to your contact information. All personal information associated with your Account or your use of the Services is collected, used and disclosed in accordance with our Privacy Policy.

Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are entirely responsible for maintaining the confidentiality of your user ID and password and for any and all activities that occur under your Account. You may not use the Account of any other user, without that user's permission. You agree to immediately notify Airvet of any unauthorized use of your user ID or password or any other breach of security and to select a new user ID and password if you believe your Account has been compromised. Further, if we suspect any unauthorized access to your Account, upon our request, you agree to promptly change your user ID and password and take any other related action as we may reasonably request.

Airvet cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Each user acknowledges and agrees that: (a) Airvet will not have any liability to any user for any unauthorized transaction made using your user ID or password; and (b) the unauthorized use of your user ID and password for your Account could cause you to incur liability to both Airvet and other users.

User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with a user through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity.

AIRVET and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Services. While you are using the Services, you may not opt out of receiving operational text messages from AIRVET. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.

1. When you register for any and all Services (including, without limitation Sponsored Memberships), you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by AIRVET (collectively “Account Information”). To create an Account, you must be at least the age of majority in your jurisdiction of residence. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Services will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. AIRVET reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Services and your Account Information. In no event and under no circumstances shall AIRVET be held liable to you for any liabilities or damages resulting from or arising out of your use of the Services, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.

2. The Services are not directed to children and children are not eligible to use our Services. If we later obtain actual knowledge that you are under the age of majority in your jurisdiction of residence, we will take steps to remove your personal information from our databases. By using Our Services, you represent that you are at least the age of majority in your jurisdiction of residence.

1. We hereby grant to you a limited, non-exclusive, non-transferable right to download and install the App for your device and to access the Services applicable to Your Account and to use such Services (including the App) solely for your personal non-commercial use and only as permitted under these Terms of Service and any separate agreements you may have entered into with us. We reserve the right, in our sole discretion, to deny or suspend use of the Services or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Services to violate any local, state, provincial, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Services; (d) distribute viruses or other harmful computer code through the Services or (e) otherwise use the Services in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language when communicating with Providers through the Services. AIRVET expressly disclaims any interactions with Providers that are not conducted through the Services. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.

2. Certain features of the Service may permit Users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively with the Recordings, “User Content”). You may submit certain User content to be posted by AIRVET publicly, such as User reviews. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. By providing User Content to or via the Service, you grant AIRVET a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and share your User Content with a Provider or another vet that you designate, in whole or in part, in any media formats and through any media channels now known or hereafter developed. In addition, with respect to User Content that you submit for posting, you grant AIRVET a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and share your distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. If a Provider or another User requires access to your User Content, you grant those Providers or Users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service. You waive any moral rights which you might hold over User Content.

1. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Current fees and billing terms for the Services will be as described by AIRVET prior to your use of the Services, and such fees and billing terms may be updated by AIRVET from time to time in its sole discretion. By providing AIRVET with your credit card number or other payment account and associated payment information, you agree that AIRVET is authorized to immediately invoice your account for all fees and charges due and payable to AIRVET hereunder and that no additional notice or consent is required. AIRVET, at its sole discretion, may make promotional offers with different features and different pricing to any of AIRVET's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

2. Membership Services that are Direct Memberships may include automatically recurring payments for periodic charges for membership subscription services you purchase that automatically renew unless canceled. If you activate a subscription to a Membership Service under a Direct Membership, you authorize AIRVET to periodically charge the applicable subscription fees (“Membership Fees”), both at the start of the first subscription period and on a going-forward basis for each renewal period until cancellation of your Membership. The “Membership Billing Date” is the date when you first purchase the Membership Service. Your Membership Service subscription will continue unless and until you cancel your Membership Service subscription prior to the next Membership Billing Date. If you opt to purchase and pay for an upfront, annual subscription to a Membership Service, then AIRVET will send you notification of your upcoming renewal in advance of the Membership Billing Date. AIRVET will not send renewal notices for monthly subscription plans. You may cancel your Membership Service subscription for the next renewal period prior to the Membership Billing Date. Please note that, if you cancel a Membership Service subscription during the applicable Membership period, you will not receive any refunds or credits for that Membership period and you will remain liable to pay any additional associated fees. We will bill the periodic Membership Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Membership Service subscription by contacting us at: support@airvet.com.

3. You are entitled to a refund of your payment to AIRVET if (i) AIRVET encounters a technical issue which results in the inability of your Provider to complete a video consultation (this excludes device or internet connection issues on your end to access the video consultation or Service); or (ii) your Provider is unable to provide you with any information, guidance, or advice regarding your pet, as determined by AIRVET in its reasonable discretion.

4. If you believe you are entitled to a refund, please contact the AIRVET team as soon as possible by email to: support@airvet.com. We will then verify whether you are entitled to a refund and, if appropriate, complete the refund as soon as possible.

5. All financial transactions will be processed in U.S. dollars. You acknowledge and agree that you shall be personally responsible for all incurred expenses. AIRVET reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Service.

If you are a subscriber to Direct Membership Services prior to July 1, 2023, you will be subject to the terms of Section 8 with respect to the Membership Services that are included in your subscription in addition to the terms of Section 9 as listed below.

WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

AIRVET may provide tools through the Services that enable you to export information to third party services, including through features that allow you to link your account on the Service with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that AIRVET may transfer that information to the applicable third party service. Third party services are not under AIRVET's control, and, to the fullest extent permitted by law, AIRVET is not responsible for any third party service's use of your exported information. The Service may also contain links to third party websites. Linked websites are not under AIRVET's control, and AIRVET is not responsible for their content.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AIRVET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, SYSTEM INTEGRATION, RELIABILITY OF PERFORMANCE AND FREEDOM FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.

You acknowledge and agree that AIRVET does not provide veterinary medicine advice, pharmaceutical services, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting pet owners with independent third-party Providers, including veterinarians and other veterinary professionals in the AIRVET network. You acknowledge and agree that the Providers using the Services are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all veterinary medicine services, advice, instructions, treatment decisions, pharmaceutical services, and other veterinary health care services performed, and that all diagnoses, treatments, procedures, and other veterinary health care services will be provided and performed exclusively by or under the supervision of the Providers, in their sole discretion, as they deem appropriate.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL AIRVET OR ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. AIRVET'S TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THESE TERMS IS LIMITED TO THE TOTAL AMOUNTS YOU PAID TO AIRVET THAT WERE RETAINED BY AIRVET (AFTER REMITTING AMOUNTS DUE TO PROVIDERS) IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

You agree to indemnify, defend and hold harmless AIRVET, its shareholders, officers, directors, managers, employees, agents, subsidiaries, affiliates, licensors, suppliers, successors and assigns from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms of Service. In addition, you agree to indemnify, defend and hold harmless your Provider(s) from and against any third-party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Provider.

AIRVET reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of AIRVET. AIRVET will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. These Terms of Service and your use of the Services shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Los Angeles, California, for any action related to these Terms of Service.

You understand that by checking the “agree” box for these Terms of Service and/or any other forms presented to you on the Services you are agreeing to these Terms of Service and that such action constitutes a legal signature. Subject to applicable law, you agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, or (2) by posting the Communications on the Services. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications and unsubscribe to those Communications at any time by clicking “Unsubscribe” at the bottom of any such Communication, by contacting us by email at support@airvet.com or by canceling or discontinuing your use of the Service. Doing so may have a material impact on our ability to provide the Services to you.

No waiver by AIRVET of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AIRVET to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

AIRVET devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.

Please report any violations of these Terms of Service to support@airvet.com.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Services or Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at https://www.copyright.gov/. In accordance with the DMCA, AIRVET has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to AIRVET, INC., 9190 W Olympic Blvd #422 Beverly Hills, CA 90212. AIRVET will promptly terminate the accounts of users that are determined by AIRVET to be repeat infringers.