Terms & Conditions

January 2025

The following provisions (the "Terms of Use") form a legally binding contract between you (as an individual person, hereafter referred to as the "User") and Virtual Vet (the "Company" or "We"). Capitalized words are intentionally defined and should be interpreted consistently. These Terms of Use will govern your access to and use of our Services, as defined below, whether you may do so by mobile device/application, website, and/or any other technology we choose to implement. These Terms of Use incorporate the Privacy Policy even though it is published separately.

1. Scope of Services

  1. Definitions
    • "Company" means Virtualvetdoc.
    • "Content" means any work of authorship in any format or media that is uploaded, input to, created by, used in, or otherwise associated with the Platform, as well as any information derived from any of these things. "User Content " means any Content provided by the User. "Provider Content " means any Content provided by the Provider. "Company Content " means any Content that is not User or Provider Content, including any electronic capture in form or format of interactions conducted on the Platform.
    • “Pet” means any single companion or livestock animal owned or cared for by a User. While Users may employ the Services for more than one Pet in certain circumstance, only one Pet is associated with one Visit.
    • “Platform” means the website, mobile application, or other software/technical solution(s) created or provided by the Company to facilitate interactions between the User and Providers.
    • “Privacy Policy” means the statement published by the Company on its website explaining how information relating to the Services is collected and used by the Company.
    • “Provider” means any person or entity providing veterinary care via the Services. All Providers are independent contractors and, as such, are not: i) endorsed or approved by the Company at any time, and ii) capable of acting as an agent for the Company.
    • “Services” is defined in complete detail in Section 1(b). Depending upon the context, common sense might dictate that “Services” sometimes only refers to a portion of the things contemplated in Section 1(b).
    • "Terms of Use" will have the meaning indicated above.
    • “User” will mean an individual who is lawfully accessing the Services within the context of these Terms of Use. However, User will not include a minor child, any person or entity who is barred from by law from using the Services, or any person or entity who is not capable of forming a legally binding contract.
    • “Visit” means a single session involving the Services for a single Pet via the Platform. Under no circumstances will the User or the Provider: i) provide any portion of the Services for more than one Pet in a single Visit, or ii) extend, divide, or continue a Visit over multiple sessions on different days.
  2. The “Services” broadly means any use of the Platform for its intended purpose, which is to facilitate interactions between the User and Providers regarding Visits and the exchange of information or Content regarding any Pet.
    • The Company may, at its sole discretion or as provided in these Terms of Use, make alterations to the Services and/or the Platform to safeguard its systems, any Content, and/or the integrity and viability of interactions between Users and Providers.
    • The User, the Provider, and the Company all acknowledge and agree that the Services cannot and will not be used in any manner inconsistent with applicable laws, including but not limited to those jurisdictions where virtual telemedicine legally permitted.
    • “Standard Services” means a Visit that is scheduled at least forty eight (48) hours in advance.
    • “Urgent Services” means a Visit that is scheduled or provided in less than forty eight (48) hours from the request.
    • “Non-compliant Services” means any Services which are not capable of being delivered via the Platform, irrespective of whether prohibited by applicable law or declined by the Provider.
  3. Payments
    • In the event an annual or periodic subscription model is used, payment will entitle the User to a predetermined number of Visits during that year/period of time. Visits are not transferrable (to other Users and/or to new or renewed subscriptions) and must be used within the prescribed year/period of time for the relevant subscription.
    • User must submit any request for a refund in a written communication that explains the basis for that request within thirty days of the User first becoming aware of the circumstances upon which the request is premised (or according to whatever laws may be applicable). Termination by the User will not provide basis for a refund (in whole or in part) regarding unused portions of any subscription. The Company reserves to the right, at its sole option and discretion, to refuse any refund for any reason including but not limited to requests that were not made in a timely fashion and/or requests relating to unused Visits.
    • User will pay for each Visit and/or subscriptions according to a schedule published and periodically updated by the Company. This means the User may be consenting to recurring payments, and the User will be solely responsible for terminating subscriptions or recurring payments according to these Terms of Use when the Services (and associated payments) are no longer wanted.
    • Payments must be made according to the functionality provided on the Platform, and the Company’s receipt of payment in this method constitutes acceptance and creates binding contract with regard to the subscription model in effect on that date. User expressly acknowledges third party services may be used and that the User is solely responsible for reviewing and adhering to any additional terms of use and privacy policies published by such third party services. As of the date noted above, the Company uses Stripe, a third-party service for securely processing payments. As such, Stripe handles and is responsible for processing of payment information provided by/about the User, including sensitive data such as credit card numbers and other financial account information (see https://stripe.com/legal).
    • In the event the User pays for an Urgent Services use but the Visit does not occur within the time frame scheduled for that Urgent Service, the User is not entitled to a refund unless the Company acknowledges an error on its part that caused the Platform to be non-functional during the entire period of time when the Visit was scheduled.

2. User Acceptance and Ongoing Commitments

  1. User will not: i) misrepresent their identity or allow others to use their identity (including minor children); ii) misuse, abuse, gain unauthorized access to, or illicitly profit from their use of the Services; iii) engage in benchmarking, data collection, or other similar activities without prior written consent; iv) engage in any denial of service disruption, circumvent security measures associated with the Content and/or Services, knowingly or negligently introduce or distribute malware, or facilitate others from doing any the foregoing; v) reverse engineer, decompile, or otherwise manipulate any software or Content on, associated with, or derived from the Services; vi) violate any applicable laws or regulations vii) exceed the scope of any license or permission implicitly or explicitly granted under these Terms of Use; viii) provide any Content that is infringing, defamatory, offensive, or contrary to community standards; or ix) seek or require Non-Compliant Services.
  2. To the extent permitted under applicable law, User acknowledges each use of the Services constitutes a consent, acceptance, and affirmation of these Terms of Use, including any updates and irrespective of User’s awareness thereof.
  3. User understands that the Services are not a substitute for live, in-person care. User is solely responsible for determining the necessity of in-person care and for seeking in-person care when warranted by the circumstances, including but not limited to emergencies.
  4. User is solely responsible for providing, maintaining, and ensuring the security of any hardware and/or software on any mobile or computing devices used to access the Services, as well as for obtaining sufficient internet service and bandwidth. User is also responsible for monitoring specifications established by the Company regarding either of the same. Company is not responsible for and reserves the right to refuse any refund for any Visit that is interrupted or adversely affected by the User’s inability to: i) obtain consistent internet service, ii) utilize proper hardware, and/or iii) to update and maintain software or operating systems.
  5. User will provide reasonable assistance and take all responsibility for User Content that is alleged to violate the rights of any third party, including but not limited to infringement, breach of contract, or tort claims.
  6. User will not access or use the Services in any geographic region where such use is prohibited by law or contrary to the Terms of Use (including the Privacy Policy).

3. Termination and Opt-Out

  1. The User may opt-out of these Terms of Use (including the Privacy Policy) or terminate any active subscription by deleting their account.
  2. The Company may terminate any contract with a User in the event the User violates the Terms of Use applicable at the time of the violation.
  3. With respect to a subscription, that contract will be terminated on the day after the term of the subscription has passed. The Company is not required to: i) honor any remaining but unused Visits, or ii) issue any refund for such Visits.
  4. The company may suspend or deny access to any User or any Visit when the Company deems it necessary to protect the integrity and security of the Platform, any Content, and/or Services.
  5. Upon termination for any of the foregoing reasons, Company may destroy or retain any User Content at the sole discretion of the Company.

4. Intellectual Property Rights

  1. By using Platform, the User and the Provider each grant to the Company an unconditional license for the Company and/or its sublicensees or designees to display, use, copy, redistribute, aggregate, and create derivative works of any User or Provider Content anywhere in the world and for any reason deemed appropriate by the Company, including without limitation artificial intelligence, marketing, advertising, training, or the commercial benefit of the Company. In each instance, the User and the Provider are not entitle to any further compensation for such uses, except as may be set forth in a separate written agreement.
  2. The Company, the User, and the Providers grant mutual, conditional licenses to use any Content in connection with the Services.
  3. In the event of any allegation of infringement based upon the Platform or any Content, the User, the Provider, and the Company will act in good faith and provide reasonable assistance to resolve such issues promptly and efficiently.

5. Exclusions and Limitations on Liability

  1. The Company is not responsible for User Content, Provider Content, and/or the activities, actions, and services of any third parties.
  2. These Terms of Use are not intended and do not create any rights for third party beneficiaries.
  3. No indirect, special, incidental, consequential, punitive, exemplary damages; no lost profits; applicable for breach of contract, tort, breach of warranty, negligence or otherwise and regardless of whether User was advised of possibility of such loss or damages

6. Disclaimer of Warranties

  1. The Services are provided by Company and accepted by the User and the Provider as-is.
  2. No warranties, express or implied, of any kind are made by the Company, including but not limited to merchantability; fitness for a particular purpose; accuracy of, title to and non-infringement of any Content; and/or accessibility, operability, and/or reliability of the Platform and the Services at any given time.

7. Third Party Involvement

  1. The User and the Provider assume all risk with respect to third party websites and will be solely responsible for investigating third party privacy and data policies.
  2. The Company makes no representations or warranties of any kind with regard to third party Content or services, and its inclusion is not an endorsement, approval or confirmation of the Third Party and any Content or services that Third Party may provide.

8. Dispute Resolution

  1. To the extent permitted by applicable law, the User will notify the Company in writing at least thirty (30) days prior to instituting any legal action regarding the Services or that otherwise invoke the rights and responsibilities inherent to these Terms of Use. The Parties will act in good faith to explain their positions and attempt to resolve the dispute during that interim.
  2. User must first contact the Company regarding any payment dispute (including for refund requests and/or recurring payments) and allow at least thirty (30) days for the Company to consider the matter. Chargebacks or other disputes initiated by the User with their credit card issuer in violation of these Terms of Use may result in suspension or termination of the User’s account/ability to use the Services, and the Company may pursue additional fees for administrative processing.
  3. The Company is not responsible for errors, delays, or disputes between the User and any third party services, including those contemplated by these Terms of Use.

9. Legal and Geographic Limitations

  1. The User and the Provider are separately, individually, and solely responsible for investigating, understanding, and abiding by any laws, rules, ordinances, licensing requirements, or other regulations that apply to the Services and these Terms of Use (collectively, “Applicable Laws”). The User and Provider acknowledge Applicable Laws may change so that this is an active and ongoing obligation. The Company is not and cannot be held responsible for interpreting, updating, or providing guidance regarding Applicable Laws, and the User and the Provider further acknowledge that their individual circumstances place them in the best position to make informed decisions regarding Applicable Laws.
  2. Irrespective of the accessibility of the Platform, the Services are not intended or offered for use in any jurisdiction (city, state, or country) where they are prohibited or restricted, potentially including Delaware, Indiana, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Missouri, Nebraska, New Mexico, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, and Wyoming. The User and the Provider are solely responsible for verifying this provision, including whether it is necessary to have an existing Veterinary Client Patient Relationship (“VCPR”) established by an in-person examination prior to receiving any of the Services. The Company is not responsible for any consequence or liability that might arise, although certain circumstances, like emergencies, Providers may be allowed to provide telehealth services without a pre-established VCPR.
  3. Content, including User and Provider Content, must conform in all respects with applicable laws, including those relating to veterinary care, privacy, decency, data and digital rights, and the like.

10. General Provisions

  1. The Company may implement changes to the Terms of Use at any time by publishing updates on the Platform. Thereafter, use of the Platform will constitute acceptance of any such changes. The Company is not required but may, at its discretion, endeavor to provide notice to Users and Providers; however, any such notice will not alter or restrict the applicable Terms of Use.
  2. These Terms of Use constitute the entire agreement between the parties regarding the Services. No special exceptions or alterations can or will be made, except to the extent they might be memorialized in a separate written instrument that is executed by authorized representatives of the parties involved.
  3. Any failure to strict enforce the commitments and obligations in this Agreement will not be understood as a waiver of those commitments and obligations. The Company may enforce any of its rights in these Terms of Use at any time, irrespective of the past course of dealing.
  4. These Terms of Use will be interpreted only according to the laws of those localities in which: a) the Services are and can be performed, and b) the Company is subject to and consents to jurisdiction thereof.
  5. Any notices or correspondence directed to the Company and required under these Terms of Use, at a minimum, must be sent to support@virtualvetdoc.com