Terms & Conditions
Last Updated: Nov. 2nd, 2024
1. Introduction
1.1. Acceptance of Terms of Service
By accessing, downloading, installing, or using the CoVet application (the "App"), you, the user, agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and CoVet, Inc. ("CoVet", "we", "us", or "our"). If you do not agree with any part of these Terms, you must not access or use the App.
1.2. Changes to Terms of Service
CoVet reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will notify you of any material changes to the Terms by posting the updated version on our website or through the App. It is your responsibility to review the Terms periodically for any updates or changes. Your continued access or use of the App following the posting of any changes to the Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must immediately discontinue your use of the App. CoVet will notify enterprise clients of material changes to these Terms directly, such as via email or through a client-specific communication channel, in addition to posting the updated version on the website or app.
1.3. Applicable Laws and Jurisdiction
The App is controlled and operated by CoVet from its offices in Canada. Access to or use of the App may not be legal in some jurisdictions. If you access or use the App from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and any disputes arising out of or relating to the App or these Terms shall be governed by the laws of Ontario, Canada, unless otherwise agreed upon in a separate Master Services Agreement (MSA) or enterprise agreement, which will take precedence and specify alternative jurisdictional provisions.
1.4. Enterprise Clients
For the purposes of these Terms, “enterprise clients” refers to users or organizations that have entered into a separate Master Services Agreement (MSA) with CoVet. Provisions specific to enterprise clients will only apply where such an agreement is in place.
2. Description of Services
2.1. CoVet Application
The CoVet application is an AI-powered pet companion app designed to answer user questions about pets and provide relevant information. The App uses the GPT-4 or newer AI model provided by OpenAI to generate responses to user queries. By using the App, you acknowledge and agree that the information provided is not intended to replace professional advice, diagnosis, or treatment from a qualified veterinarian or other pet care professional.
2.2. Third-Party Services and Integration
The App may include or rely on third-party services, such as the GPT-4 or newer AI model provided by OpenAI, or other third-party software, platforms, or content. Your use of such third-party services is subject to the terms and conditions and privacy policies of the respective third-party providers. CoVet is not responsible for the content, functionality, or availability of any third-party services or any issues that may arise out of your use of such services.
2.3. Availability and Updates
CoVet does not guarantee that the App will always be available, error-free, or uninterrupted. We reserve the right to modify, suspend, or discontinue the App, or any part thereof, at any time, for any reason, and without prior notice. For enterprise clients, CoVet will make reasonable efforts to provide advance notice of scheduled downtime, including expected duration and impact, except in cases where immediate action is necessary, such as to address critical security concerns or unexpected technical failures. You agree that CoVet will not be liable to you or any third party for any modification, suspension, or discontinuance of the App. CoVet may, from time to time, release updates, enhancements, or new features for the App. You are responsible for ensuring that you have the latest version of the App installed on your device.
3. Registration and User Accounts
3.1. Eligibility
To access and use the CoVet application, you must be at least 13 years of age or the age of legal majority in your jurisdiction, whichever is greater. By creating an account and using the App, you represent and warrant that you meet the age requirement and that you have the legal capacity to enter into and be bound by these Terms.
3.2. Account Creation and Security
To use certain features of the App, you may be required to create an account. When creating an account, you must provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You agree to notify CoVet immediately if you become aware of any unauthorized access or use of your account. CoVet will not be liable for any loss or damage arising from your failure to safeguard your account credentials.
3.3. Account Termination
CoVet may terminate or suspend your account with prior written notice, providing a brief explanation of the well-founded reasons for termination, which may include but are not limited to: violation of these Terms, unlawful or unauthorized activity, or risk posed to CoVet, other users, or third parties. Upon account termination, your right to use the App will cease immediately. You may also request account termination at any time by contacting CoVet customer support.
4. User Conduct and Responsibilities
4.1. Acceptable Use
By using the CoVet application, you agree to use the App responsibly and in compliance with these Terms and all applicable laws, rules, and regulations. For individual users, the App is intended for personal, non-commercial purposes, and you agree not to exploit the App or its content for any unauthorized or unlawful purpose. Enterprise clients may use the App for commercial purposes consistent with the terms of their agreement, provided such use complies with these Terms and applicable laws.
4.2. Prohibited Activities
In connection with your use of the App, you agree not to engage in any activity that is harmful, offensive, or otherwise violates these Terms, including, but not limited to:
a. Transmitting or posting any content that is abusive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
b. Using the App to harm, stalk, or harass any individual or entity;
c. Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
d. Attempting to gain unauthorized access to the App, user accounts, or any related systems or networks;
e. Interfering with or disrupting the operation of the App, its servers, or any related systems or networks;
f. Violating any applicable laws, rules, or regulations, including intellectual property, privacy, or data protection laws.
4.3. User-Generated Content
The App may allow you to submit or post content, such as text, images, or other materials ("User Content"). You are solely responsible for your User Content and any consequences arising from its submission or posting. By submitting User Content, you represent and warrant that you have all necessary rights, licenses, and permissions to submit, post, and distribute the User Content and that it does not infringe any intellectual property rights, violate any privacy rights, or otherwise violate any applicable laws or regulations.
4.4. Reporting Misconduct
If you encounter any user or content that you believe violates these Terms or any applicable laws, rules, or regulations, you agree to report the issue to CoVetAI promptly. We reserve the right, but have no obligation, to investigate and take appropriate action in response to any reported misconduct, including removing the offending content, suspending or terminating the user's account, or reporting the user to the relevant authorities.
5. Intellectual Property Rights
5.1. CoVet Ownership
All rights, title, and interest in and to the CoVet application, including, without limitation, all software, text, graphics, images, logos, designs, icons, user interfaces, and any other content or materials provided through the App (collectively, the "CoVet Content"), are owned by CoVetAI or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Except as expressly authorized in these Terms, you may not use, reproduce, modify, distribute, or transmit any CoVet Content without the prior written consent of WhiskerAI or the respective intellectual property owner.
5.2. User Content
You retain all ownership rights in any content or information (“User Content”) you submit or provide through the App, including, but not limited to, templates, documents, and other materials created or customized for your use. CoVet will not use, reproduce, distribute, create derivative works of, display, or perform any User Content, including user-generated templates, without your express written consent. This includes templates created specifically for enterprise clients, which will remain the exclusive property of the client unless otherwise agreed in writing. CoVet will not sublicense or transfer your User Content to any third parties without such consent, except as required to provide the App’s services to you.
5.3. Copyright Infringement and DMCA Policy
CoVet respects the intellectual property rights of others and expects its users to do the same. If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information, in accordance with the Digital Millennium Copyright Act ("DMCA"):
a. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
b. Identification of the copyrighted work claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Your contact information, including your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent can be reached via our main contact channels.
6. Disclaimers and Limitation of Liability
6.1. Disclaimer of Warranties
CoVet aims to provide a reliable and accurate App experience; however, the App and its content are provided “as is” and “as available.” CoVet does not warrant that the App, its services, or content will be completely accurate, error-free, uninterrupted, or immune from external issues. While CoVet will make reasonable efforts to address reported defects or inaccuracies, we cannot guarantee that all issues will be resolved. CoVet disclaims all warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
6.2. Limitation of Liability
To the maximum extent permitted by law, CoVet, its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses resulting from: (a) your access to or inability to access or use the App; (b) any content obtained from the App; (c) any errors, omissions, or inaccuracies within the App or its content; (d) unauthorized access to your account or information; or (e) any other matter relating to the App, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if CoVet has been advised of the possibility of such damages.
However, if notified by the user, CoVet will make reasonable efforts to address and rectify known defects or inaccuracies in the App that materially impact user experience.
6.3. Indemnification
You agree to defend, indemnify, and hold harmless CoVet, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your (a) use of the App; (b) violation of these Terms; (c) violation of any applicable laws, rules, or regulations; or (d) infringement, misappropriation, or violation of any intellectual property, privacy, or other rights of any third party.
6.4. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent that CoVet may not, as a matter of applicable law, disclaim any warranty or limit its liability, the scope and duration of such warranty and the extent of CoVetAI's liability shall be the minimum permitted under such applicable law.
7. Governing Law and Dispute Resolution
7.1. Governing Law
These Terms and any disputes related to them shall be governed by and construed in accordance with the laws of Ontario, Canada, unless otherwise agreed upon in a separate Master Services Agreement (MSA) or enterprise agreement, which will take precedence and specify alternative governing law.
7.2. Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to your use of the CoVet application, these Terms, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), you and CoVet agree to attempt to resolve the Dispute through informal negotiation. Where a separate agreement or SLA provides specific dispute resolution terms, including venue or governing arbitration body, those terms will override this clause.
7.3. Class Action Waiver
You and CoVet agree that any Dispute shall be resolved on an individual basis and that any claim, dispute, or controversy shall be brought in an individual capacity, not as part of a class or representative proceeding, unless otherwise stated in an SLA or separate agreement. This waiver does not apply where prohibited by law or modified by mutual agreement in a specific SLA.
7.4. Exception: Small Claims Court
Notwithstanding the foregoing, either party may bring an individual action in a small claims court in the jurisdiction specified in the applicable Master Services Agreement (MSA) or, where no such agreement exists, in Ontario, Canada, for claims within the scope of that court’s jurisdiction, provided that the action remains in such court and advances only on an individual basis.
7.5. Injunctive Relief
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property or proprietary rights, without the requirement of posting a bond or other security.
8. Miscellaneous
8.1. Entire Agreement
These Terms, along with any other agreements or policies referenced herein, constitute the entire agreement between you and CoVet with respect to your access to and use of the CoVet application and supersede all prior or contemporaneous agreements, understandings, or representations, whether written or oral, relating thereto.
8.2. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, the remaining provisions of the Terms shall remain in full force and effect, and the invalid, unlawful, or unenforceable provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.
8.3. No Waiver
No waiver of any provision of these Terms by CoVet shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by CoVet to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
8.4. Assignment
You may not assign or transfer your rights or obligations under these Terms, by operation of law or otherwise, without the prior written consent of CoVet. CoVet may assign or transfer its rights and obligations under these Terms, in whole or in part, at its sole discretion, without restriction, and without notice to you.
8.5. Modifications
CoVet reserves the right to modify these Terms at any time, in its sole discretion. For enterprise clients, CoVet will notify you of material changes to these Terms directly, such as via email or through a client-specific communication channel. Any changes to the Terms for enterprise clients will require your express written agreement to take effect, unless otherwise specified in the Master Services Agreement (MSA). For all other users, material changes will be notified by posting the revised Terms on the App or through other reasonable means. Your continued use of the App following the posting of revised Terms constitutes your acceptance of the modified Terms.
8.6. Contact Information
If you have any questions or concerns about these Terms or your use of the CoVet application, please contact us through our main contact channels.
9. Termination
9.1. Termination by CoVet
CoVet may terminate or suspend your access to the CoVet application, your account, and any related services with prior written notice, providing a brief explanation of the well-founded reasons for termination. Such reasons may include, but are not limited to, violations of these Terms, unlawful or unauthorized activity, or a risk posed to CoVet, other users, or third parties. Upon termination, your right to use the App will cease immediately.
9.2. Termination by User
You may terminate your account and discontinue your use of the CoVet application at any time by contacting us through our main contact channels and requesting the deletion of your account.
9.3. Effect of Termination
Upon termination of your account, your right to access and use the CoVet application and any associated content, information, or materials will immediately cease. All data that you have stored in CoVet will remain your property, and CoVet will, upon request, provide a reasonable opportunity for you to retrieve this data before it is deleted from our systems in accordance with our data retention policy. Any provisions of these Terms that are intended to survive termination, including those related to ownership rights, warranty disclaimers, indemnity, and limitations of liability, shall continue to apply.
9.4. No Liability for Termination
CoVet shall not be liable for any indirect, incidental, special, or consequential losses or damages arising from the termination or suspension of your access to the App or your account, including, but not limited to, loss of profits, data, or business opportunities. CoVet will, however, endeavor to provide advance notice of termination or suspension when feasible, and offer users a reasonable opportunity to retrieve their data where possible, in accordance with CoVet’s data retention policy.
10. User Feedback and Suggestions
10.1. Submission of Feedback
CoVet welcomes your feedback, suggestions, and ideas on how to improve the CoVet application and its services ("Feedback"). By submitting Feedback to us, you acknowledge and agree that:
a. Your Feedback is provided voluntarily and is not confidential or proprietary;
b. CoVet is under no obligation to use, review, or consider your Feedback;
c. CoVet may use, disclose, reproduce, distribute, or otherwise exploit your Feedback, in whole or in part, without any obligation or restriction, and without compensation or attribution to you.
10.2. Grant of Rights
By submitting Feedback, you grant CoVet a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, create derivative works from, distribute, publicly perform, and publicly display your Feedback, in whole or in part, for any purpose and in any media, without compensation or attribution to you.
11. Third-Party Services and Links
11.1. Third-Party Services
The CoVet application may integrate with or provide access to third-party services, content, or websites. CoVet undertakes reasonable efforts to select and monitor third-party providers to ensure that they meet our data security and compliance standards. While CoVet is committed to safeguarding data within the App, it does not assume liability for actions or omissions by third parties beyond its control. You acknowledge that your use of these third-party services is subject to the terms and privacy policies of the respective providers, and CoVet shall not be liable for damages specifically arising from third-party issues. However, CoVet will make reasonable efforts to address any identified risks associated with third-party services and notify users as appropriate.
11.2. Links to Third-Party Websites
The CoVet application may contain links to third-party websites. Such links are provided for your convenience only, and CoVet does not control, endorse, or assume any responsibility for the content, privacy policies, or practices of any third-party websites. If you access a third-party website from the CoVet application, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites.
11.3. No Liability for Third-Party Services and Links
CoVet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party services, content, or websites, or any goods or services available on or through any such third-party services, content, or websites.
12. Data Loss and Backups
12.1. No Guarantee of Data Integrity
CoVet takes reasonable steps to protect and maintain the integrity of user data within the App by employing industry-standard security practices. These include leveraging trusted third-party hosting services, such as Google Cloud Platform (GCP), which provide data redundancy, backups, and encryption. CoVet implements access controls, monitoring, and other security measures consistent with best practices and applicable regulatory standards, such as GDPR or SOC 2, as appropriate.
However, CoVet cannot guarantee that data will be entirely secure or immune to loss, corruption, or unauthorized access due to factors beyond its reasonable control, such as third-party service issues or unexpected technical failures. CoVet shall not be liable for any data loss, corruption, or unauthorized access arising from such external factors, although we remain committed to minimizing these risks wherever possible.
12.2. User Responsibility
Users are responsible for maintaining backup copies of any important data submitted to or stored within the CoVet application. CoVet shall not be liable for any loss or damage resulting from the loss or corruption of user data, and users agree not to hold CoVet responsible for any such loss or damage.
13. Errors and Omissions
13.1 Accuracy of Information
While CoVet strives to provide accurate and up-to-date information within the application, errors, inaccuracies, or omissions may occasionally occur. CoVet does not guarantee that the content provided in the application is error-free, complete, or current.
13.2. User Responsibility
Users are responsible for verifying the accuracy and completeness of any information provided in the CoVet application before relying on it. CoVet shall not be liable for any losses or damages resulting from errors, inaccuracies, or omissions in the content of the application, and users agree not to hold CoVet responsible for any such losses or damages.