Veterinarian Terms of Service

AIRVET operates the website located at www.airvet.com and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”). We offer online services related to pet health (the “Services”) including services using digital interactive audio and video technology (including but not limited to text messaging, online chat, and digital video conferencing) enabling our users (“Users”) to report the health history of their pets and engage veterinary professionals (“Providers”) to obtain veterinary services. You have requested access to our Site in the capacity of a Provider. By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services. If you are entering into these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Use, in which case the terms “you” or “your” will refer to such entity. If you do not have such authority, you must not accept these Terms of Use or use the Site or the Services on such entity’s behalf. Residents of only the United States or Canada (excluding the province of Quebec) are eligible to access the Site. For clarity, residents of Quebec are not eligible to access the Site.

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 Site. You may opt out of receiving operational text messages at any time by sending an email to support@airvet.com indicating that you no longer wish to receive such texts along with the phone number of the mobile device receiving the texts. You may continue to receive text messages for a short period while AIRVET processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Site provides to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Site. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.

We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

If you are agreeing to these Terms as a veterinarian, you acknowledge that you hold a current and valid license to practice veterinary medicine in your country of residence, and are in good standing in all jurisdictions in which you will provide services through the Site. If you are agreeing to these terms as a veterinary technician, you acknowledge that you hold a current and valid license to veterinary technician services in your country of residence, and are in good standing in all jurisdictions in which you will provide services through the Site. You acknowledge that you are solely responsible for the services you provide to Users and their pets. AIRVET does not practice veterinary medicine, veterinary technician services, pharmaceutical services, or any other licensed profession, and does not interfere with the practice of veterinary medicine, veterinary technician services, pharmaceutical services, or any other licensed profession by Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither AIRVET nor any third parties who promote the Services or provide Users with a link to the Site shall be liable for any professional advice Users or their pets obtain from a Provider via the Services. When a VCPR is formed by audio-visual means rather than an in-person physical exam, Airvet does not allow the prescribing of Schedule I through V drugs as listed by the United States Drug Enforcement Administration

You agree to abide by all applicable laws and regulations, including the requirement that you hold a valid, unexpired license to practice veterinary medicine or veterinary technician services, whichever is applicable to you, in good standing in each state, province, or territory in which you practice veterinary medicine or veterinary technician services. You agree to abide by all statutes and regulations in the veterinary medicine practice act in your state, province, or territory (collectively, the “Applicable Veterinary Laws”) and to comply with all statutes, regulations, professional rules, and guidelines, or other requirements relating to data and privacy, license requirements related to the practice of veterinary medicine including the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association if you are licensed to practice veterinary medicine in the United States and the Principles of Veterinary Medical Ethical of the Canadian Veterinary Medicine Association if you are licensed to practice veterinary medicine in Canada . You agree to refrain from posting words or images that are obscene, defamatory, false, unlawful, or infringe upon others’ rights, including intellectual property rights. You agree to refrain from posting content that could be deemed an advertisement or solicitation where not explicitly authorized by AIRVET.

Providers using the Services are solely responsible for understanding the limitations and restrictions associated with the practice of teletriage, telehealth, telemedicine and online care based on the jurisdiction in which they hold their license(s). Airvet is not responsible for interpreting local legislation and/or providing guidance or direction to Providers as it relates to their usage of the Services. Providers must be fully aware of what their licensure permits. Airvet is not responsible for any error made by Providers upon executing the permissions set by their licensing body.

Under no circumstances, may you disclose personal information about another user to any third party without the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss or unauthorized transfer of such information.

You shall only diagnose, treat, or prescribe medication to a User with respect to their pet (the “VCPR Services”) if you have established a valid Veterinarian-Client-Patient Relationship (“VCPR”) under applicable law for the specific pet that is the subject of the VCPR Services. The requirements of a valid VCPR may vary jurisdiction to jurisdiction. The VCPR for the specific pet that is the subject of the Services must have been established within a reasonable time considering the specific condition of the pet but in no case more than a year prior to your provision of VCPR Services to the User on the Site. If you have not established a valid VCPR, you agree that you shall not provide any services that require a VCPR.

A practitioner of veterinary medicine shall only prescribe, dispense, or administer a prescription in good faith for medicinal or therapeutic purposes within the course of his or her professional practice.

Please be aware that, even though Airvet is not a party to any transaction and assume no liability for legal or regulatory compliance pertaining to veterinary services listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to a Provider's notes, advice or records on the site in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.

Airvet's Online Pharmacy is provided by a third-party Strategic Pharmaceutical Solutions. Inc, doing business as Vetsource (“Vetsource”) and is subject to all applicable Vetsource terms and conditions, including, but not limited to, Vetsource’s Shipping Rates and Policies. Prescriptions are shipped by Vetsource based on the shipping option selected by you when you place your order with Vetsource. Users must deal directly with our third-party pharmaceutical provider, Vetsource, regarding refunds relating to prescriptions purchased through their site.

You agree that Users can send messages to you by contacting AIRVET Customer Support at support@airvet.com or by sending messages through the AIRVET mobile application. Emails or electronic messages to Customer Support will then be forwarded to you at your designated email address; provided that AIRVET shall not be responsible if any such message is not properly or timely forwarded to you.

Electronic (including audio and video) or phone communications via the Site are not confidential or privileged and will not be the subject of any associated confidences or privileges. You understand and agree that all such communications may be recorded for training and quality control purposes. When you dispose of electronic equipment on which you have performed services for Airvet, you will ensure that all Airvet data has been properly removed prior to its disposal.

AIRVET hereby grants you a limited, non-exclusive, nontransferable right to access the Site and use the Services only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site 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 Site or 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 Site or Services; (d) distribute viruses or other harmful computer code through the Site or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language when communicating with Users through the Site and to refrain from contacting Users for telehealth services outside of the Site. AIRVET is not responsible for any interactions with Users that are not conducted through the Site.

You hereby grant AIRVET the right to record video and audio calls made using the Site or Services (“Recordings”). 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”)and to publish User Content on the Service. 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 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.

AIRVET sets the pricing terms for the Service and reserves the right to change such terms at any time, in AIRVET’s sole discretion. In the event we change the pricing terms for the Service, we will provide you with notice thereof. You hereby authorize us to collect from Users receiving Services from you through the Site the fee for such Services in accordance with AIRVET’s fee schedule. For cases with Users who have not added the same primary hospital as the Provider or where the added primary hospital has not formed a partnership agreement with Airvet (“Unpartnered Hospital”), you shall receive $25.00 for each successfully completed appointment with a User minus any processing fees or scheduled “request” cases with Users who have added the same primary hospital as the Provider and where that primary hospital has formed a partnership agreement with Airvet (“Partnered Hospital”) and the Partnered Hospital has elected for Airvet to pay you directly, you shall receive the fee you set less $5.00 for each successfully completed appointment with a User minus any processing fees (as applicable, the “Vet Fee”), which Vet Fee will be paid to you as provided herein. For fees set to $0.00, you will receive $0.00. We will pay you the Vet Fee no later than 45 days after you perform the applicable services for the User, subject to our receipt of payment from the User for such services. In the event that any User payment relating to a Vet Fee paid by us to you is disputed or reversed by the User, you shall reimburse us for the amount of such Vet Fee and you hereby authorize us to take such amount from the balance of Vet Fees due to you. The payment of the amount of the Vet Fees shall be electronically transferred to your account via a payment processor approved by AIRVET, based on the payment instructions provided by you to us, as long as you have provided such instructions to us not less than 10 business days prior to the date of payment. We may continue to rely on payment instructions provided by you until new instructions are given. All financial transactions will be processed in U.S. dollars. You agree to refrain from contacting Users outside of the Site to arrange different payment terms for the Services. If the Partnered Hospital has elected for Airvet to pay the Partnered Hospital directly, you and the Partnered Hospital are responsible for determining payment terms and schedule. Airvet is not responsible for addressing any claims by you relating to the Vet Fee distributed by the Partnered Hospital.

The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize AIRVET to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums, including all applicable taxes, to the payment method specified in your account. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service.. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription at least 10 days before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription 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 Subscription Service by contacting us at: cancel@airvet.com. 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.

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 Site that enable you to export information to third party services, including through features that allow you to link your account on Airvet 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.

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by AIRVET, its licensors or other providers of such material and are protected by United States, Canadian, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site only for the express purposes set forth herein. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site, other than for the express purposes set forth herein.

All photographs, videos, images and other information provided to you from the Users for whom you provide services are confidential information and must be kept private, confidential and not republished for any purpose. Any information maintained by you as a result of contact with Users on the Site must be kept in a manner consistent with the statutes and regulations regarding maintenance of medical records as set forth in the Applicable Veterinary Laws.

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND 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 THIS SITE AND SITE-RELATED SERVICES.

You acknowledge and agree that AIRVET does not provide veterinary medicine advice, 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 medicine professionals in the AIRVET network.

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 SITE OR 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 PAID BY USERS TO AIRVET THAT WERE RETAINED BY AIRVET (AFTER REMITTING AMOUNTS DUE TO YOU) RELATING TO THE VETERINARY SERVICES YOU PROVIDED THROUGH THE SERVICES 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 claims, 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 Use, your violation of applicable law, your use of the Site and/or your provision of veterinary medicine services and advice to Users.

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 Use and your use of the Site 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 Use.

You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. 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 Site. 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 many 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 Use 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 Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 Use 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 Use 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 Site 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 Web site, 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.

This Section 19 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and AIRVET only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and 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 of these Terms. You hereby 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.