EULA (END USER LICENSE AGREEMENT)
These Terms of Service (Terms of Service) and the Single Use End User License Agreement (License, and together with the Terms of Service, the Terms) describe the terms and conditions under which PetThera offers you certain services and a limited license to use our proprietary software, as further described below.
PLEASE READ CAREFULLY BEFORE USING THE DEVICE AND SOFTWARE:
Shall include the following features:
Processing data points, which were measured by the Device and their automatic transmission to PetThera’s server through the supplied internet-connected gateway.
Producing reports (representing historical measurements as were taken from Device).
Sharing of medical information with you and with a 3rd party veterinary physician designated by you.
Generation of activity level reports
Any and all software or hardware, including components provided by suppliers and licensors to PetThera, bundled with the PetThera product purchased by you, the web accompanying application and mobile application, as such may be updated from time to time.
The glove, including the gateway provided with it.
BY TENDERING PAYMENT FOR THE SERVICES, ACTIVATING AND/OR USING THE GLOVE AND/OR THE SOFTWARE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS and SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS. WE RESERVE THE RIGHT TO UPDATE AND CHANGE THE TERMS FROM TIME TO TIME WITHOUT ACCEPTANCE BY YOU. IF YOU DO NOT AGREE WITH THIS OR WITH ANY OF THE TERMS BELOW, YOU SHOULD (i) DISCONTINUE USE OF THE RELATED SERVICES IMMEDIATELY (ii) promptly return the Device (including Documentation and packaging) to PetThera; and (iii) delete the Software, if downloaded.
You acknowledge that any information provided via the Services or Software is for informational purposes only and is not intended to replace the relationship between you and your pet’s veterinarian or any other medical provider. PetThera is not a licensed medical care provider and has no expertise in diagnosing, examining, or treating animals’ medical conditions of any kind, or in determining the effect of any activity on an animal’s medical condition. Never disregard professional medical advice or delay in seeking it because of information you receive in connection with the Device.
DESCRIPTION AND USE OF SERVICES
The Services are meant to be used in conjunction with the Device and Software. The Services are intended to record the following health-related parameters of the animal wearing the Device: (i) heart rate, (ii) respiration, (iii) body temperature, (iv) movement, and (v) position (the Measurable Parameters). PetThera then analyses and stores this information and perform historical data analysis. It being clarified, however, that the use of the Services is intended for informational purposes only. PETTHERA IS NOT ENGAGED IN PROVIDING NOR DOES PETTHERA PURPORT TO PROVIDE OR REPLACE PROFESSIONAL MEDICAL EXAMINATIONS, ADVICE, TREATMENT, OR CLINICAL RECOMMENDATIONS.
You acknowledge that PetThera is not a licensed health care provider and that the use of the Services is not a substitute for independent medical decision making by a qualified veterinary physician. You are solely responsible for your own conduct with respect to your pet’s medical needs and any reliance upon the Device or the Software shall not diminish your responsibility to consult with licensed practitioners for any diagnoses, treatments, monitoring and other health-related needs.
Veterinary physicians and other healthcare professionals who use the Services should exercise independent clinical judgment as to the information they provide, and not rely on the Services or information derived therefrom as a conclusive source for diagnosis. Consumers who use the Services do so at their own risk. If your pet has any type of medical condition, you are specifically cautioned to seek professional medical advice for it.
If you want to access or use the Services, you will be required to register for a PetThera account (an Account). By registering, you agree to provide accurate, current, and complete information, and to keep your Account up to date at all times, including your billing information. Information received from you, including through the Services, will be kept and maintained by PetThera as described in the License. You must ensure that the e-mail address and/or phone number that you provide as part of the registration process is, and remains, valid and monitored by you.
When registering, you will be asked to provide a username and password. Please do not choose a login name that is indecent or offensive, or otherwise violates the Terms or any applicable laws or regulations. PetThera reserves the right to reclaim any username that does not comply with these Terms.
You are responsible for safeguarding your username and password that you use to access your Account and you undertake not to disclose it to any third party. You hereby assume responsibility for all actions taken under your Account by you or any third parties. You will notify PetThera immediately of any unauthorized use of your Account.
The Services will only work if the Device’s battery is charged, the Device is properly fastened to the animal, and the Device comes in contact with the gateway multiple times per day. The Services monitor the Measurable Parameters over time analyzing the data and searching for irregularities. Due to the intermittent monitoring and uploading of the Measurable Parameters, the Services may not be relied upon for receiving alerts in case of emergencies.
5. WHAT YOU MUST NOT DO
You agree that you will not:
use the Services to violate any applicable local, state, national or international law;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
circumvent, disable, or otherwise interfere with security-related features of the Services, or features that prevent or restrict use or copying of any part of the Services;
delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing in any part of the Services; and
obtain any information or materials relating to the Services or through any means not intentionally made available by PetThera to you, or attempt to gain unauthorized access to the Services, or any technology, computer systems, or networks associated with the Services, or attempt to index, search, or crawl the Services with any automated process or other similar mechanism.
You agree that you are solely responsible towards PetThera and towards any third party, for any breach of your obligations under these Terms and for the consequences, including any loss or damage which PetThera may suffer, as a result of any such breach. You agree to defend (if PetThera so requests), indemnify, and hold PetThera, its subsidiaries, and affiliates, and their respective directors, officers, shareholders, and employees, harmless from any expenses, costs, judgments, damages, loss, liability, claim, or demand (including but not limited to any attorneys’ fees) made by any third party arising out of any breach by you (or a user of your Account) of any terms or conditions of these Terms or your violation of any rights of another, whether you are a registered user or not.
7. PETTHERA PROPERTY RIGHTS
The Services and the technology underlying the Services are protected by copyright, trademark, and other laws of the United States, the EU and/or foreign countries and/or international conventions, in registered or unregistered form. The trademarks, service marks and logos used and displayed on the Device and PetThera’s website are registered and unregistered trademarks and service marks of PetThera and others. All right, title, and interest, including, but not limited to, intellectual property rights, in and to the Services, the technology enabling the Services, are and will remain the exclusive property of PetThera and its licensors.
8. THIRD PARTY SERVICES AND MATERIALS
The Services and / or Software may include hyperlinks or otherwise enable access to third party services and websites (including advertisements of third parties), and the possibility to launch or otherwise initiate certain applications or websites that may not be owned or controlled by PetThera. We assume no responsibility for the content, privacy policies, or practices of any third party. You acknowledge and agree that PetThera will not be responsible for any damage to your smartphone or Computer that results from the use of third party products or websites. You further acknowledge and agree that PetThera does not endorse any third party products or websites, and PetThera is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third party materials or websites.
10. DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the Services, Device and Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Device, the Software and any services are provided as is and as available, with all faults and without warranty of any kind, and PetThera hereby disclaim all warranties and conditions with respect to the Device, the Software and Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, and non-infringement of third party rights. No oral or written information or advice given by PetThera or an authorized representative thereof shall create a warranty.
PetThera does not warrant against interference with your enjoyment of your Smartphone, the Device, the Software or the Services, that the functions contained therein will meet your requirements, that the operation of the Device, Services or Software will be uninterrupted or error-free, that any Service will continue to be made available, that defects in the Services, Device or Software will be corrected, or that the Services Device or Software will be compatible or work with any third party software, applications or third party services. Note that use and installation of the Device or the Software may affect the usability of third party software, applications or third party services.
You further acknowledge that the Services are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Services could lead to death, injury, or severe physical or environmental damage.
The Services are limited to the country where you reside, and PetThera is not obligated to provide them anywhere else. Without derogating from the above, it is hereby clarified that Services may be interrupted, due to different reasons, including internet connection malfunctions, interference with other communication devices, etc.
The Services operate on a periodic basis. Every certain amount of time, which may be adjusted by your veterinary physician, the Device will attempt to transmit data to the PetThera servers. PetThera cannot guarantee that the transmittal of data will be successful every time, nor that the data transmitted will include any or all of the Measurable Parameters as there are many variables that can interfere with the measurement of the Measurable Parameters and the transmission hereof. defective, you assume the entire cost of all necessary servicing, repair or correction. In such jurisdictions which do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, the above exclusion and limitations will not apply.
11. LIMITATION OF LIABILITY
To the extent not prohibited by applicable law, in no event shall PetThera or anyone in its behalf, be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Services and/or the Device, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if PetThera has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall PetThera’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount actually paid by you for the Services in the 12 months preceding the damage. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
To the extent not prohibited by applicable law, in no event shall PetThera or anyone in its behalf be liable for any damages regardless of the theory of liability (contract, tort or otherwise) and even if PetThera has been advised of the possibility of such damages, resulting from: (1) any non-provision, limitation or intermission of the Services for any reason not under control of PetThera, including any act and/or omission by your internet service provider and/or any third party; (2) erroneous / non-updated, partial, offensive or faulty data; (3) a loss, theft or any other unlawful use of the Device and any and all passwords, codes, usernames or any combination thereof, which are required by you in order to receive the Services or any part thereof, including and without derogating from the above- the user’s credit card number; (4) an act of god or any other reason which is not under control of PetThera.
12. PROVISION AND MODIFICATION OF THE PETTHERA SITE AND SERVICES
The provision of Services or any part thereof is subject to the possibility of provision, their availability and the actual subscription. PetThera reserves the right, in its sole discretion, to modify the Services. PetThera shall be entitled to assign any third party its rights to provide the Services and/or collect the payments from the users in accordance with these Terms and/or any other right it is entitled to.
The Company may terminate these Terms of Service, License and the provision of the Services at any time by providing you with a 30 days prior written notice, and shall return any fees paid by you for Services in advance, for the period following such termination, if any. Notwithstanding the above, PetThera shall be entitled to immediately cease provision of some or all of the Services immediately, at its sole discretion, and any rights under the License will terminate automatically without notice from PetThera should one or more of the following occur (a) you fail to pay any payment due to PetThera (if such breach is not cured within 10 days), (b) in the reasonable opinion of PetThera a fraud or any other illegal activity is conducted through or by the Device, (c) upon cessation for any reason of your ongoing business operation, in case you are a corporate entity (d) if you were declared bankrupt or a receiver or temporary or permanent liquidator (or a similar officer) was appointed for you, or a request to appoint such officer or similar officer was filed with the court or government authority and was not withdrawn within 30 days, and (e) you have breached one or more provision of these Terms.
14. END USER LICENSE AGREEMENT
GRANT OF LICENSE
PetThera hereby grants to you a non-exclusive restricted license to use the Software but only in conjunction with the Device, properly registered, and only in accordance with the accompanying documentation (Documentation). The Software may be downloaded and installed free of charge but your use of it and receipt of the Services (as defined below) is subject to your timely payment for the Services.
Except to the extent otherwise expressly and unambiguously authorized by PetThera or, with respect to any restriction which is explicitly prohibited by applicable law, you shall NOT otherwise: (i) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Device, the Software, Documentation or any Pets’ Data; (ii) make any copies of the Software or Documentation; (iii) rent, lease, transfer, sublicense or otherwise transfer rights to the Software or Documentation; (iv) remove any proprietary notices or labels on the Device or Documentation; or (v) add, integrate or combine any other software with the Software. ANY SUCH FORBIDDEN USE SHALL IMMEDIATELY TERMINATE YOUR LICENSE TO THE SOFTWARE.
You agree that you shall only use the Device, Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Device, including, but not limited to, applicable restrictions concerning relevant copyright and other intellectual property rights and/or the export controlling regulations.
TRANSFER – You may not rent, lease, lend, sell, redistribute, or sublicense the Device or the Software.
USE REQUIREMENTS AND RESTRICTIONS
The Device transmits data over the internet which may require the Device to be in frequent proximity to the gateway provided with the glove, which in turn will need to be connected to the internet in order to function properly at varying capacities. Consequently, you acknowledge that many features and services of the Device transmit data and could entail charges to your data plan or internet service provider, and that you are responsible for any such charges.
In order to maximize the performance of the Device it is important that you follow all instructions and maintenance requirements, and that you do not dismantle or modify the Device in any way. Failure to follow these instructions could adversely affect the intended use of the Device.
PETTHERA IS NOT ENGAGED IN PROVIDING NOR DOES PETTHERA PURPORT TO PROVIDE OR REPLACE PROFESSIONAL MEDICAL EXAMINATIONS, ADVICE, TREATMENT, OR CLINICAL RECOMMENDATIONS.
THE DEVICE AND THE SOFTWARE IS ONLY TO BE USED WITH CANINES AND FELINES. THE DEVICE IS NOT TO BE USED WITH HUMAN BEINGS UNDER ANY CIRCUMSTANCES.
EACH DEVICE IS MEANT TO BE USED WITH ONE ANIMAL ONLY. IT IS IMPORTANT TO NOTE THAT PLACING THE DEVICE ON OTHER ANIMALS THUS ALLOWING IT TO RECORD ITS HEALTH-RELATED CONDITIONS MAY LEAD TO INCONSISTENCIES WHICH CAN SKEW YOUR PET’S HISTORICAL RECORDS OVER TIME; THIS MAY HAVE UNFORESEEABLE IMPACT ON THE ABILITY OF PETTHERA TO PROVIDE EFFICIENT SERVICE AND DATA.
15. GOVERNING LAW AND SEVERABILITY
These Terms will be governed by and construed in accordance with the laws of the state of Massachusetts, excluding its conflict of law principles. The License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
16. COMPLETE AGREEMENT; GOVERNING LANGUAGE
These Terms constitutes the entire agreement between you and PetThera relating to the Device, the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms will be binding unless in writing and signed by PetThera. Any translation of the Terms of Service or License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
17. CONTACTING US
If you have any questions regarding any of these Terms, this License or the use of the Software or the Device, please contact us by email.