Terms of Service

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Hi, we’re DaySmart Vet. We provide products and services that help animal healthcare providers run their businesses better, including cloud practice management software, and related products and services (together, our “Services”). This document explains the terms that govern your use of our Services. You should also read our privacy policy, which describes how we collect and use information about you. By using our Services you agree to be bound by these terms and our privacy policy, so please read them carefully. These terms were last updated on February 1, 2019.

Using Our Services. If you’re using our Services on behalf of a business, then you are agreeing to these terms on behalf of that business, and you represent and warrant that you have the legal authority to bind that business (when we refer to “you” in this document, we’re referring to you and that business). Please use our Services responsibly and according to these terms. Don’t try to undermine the security, integrity or availability of our Services. Don’t sell, or lease our Services, reverse engineer our Services, allow our competitors to access our Services, or attempt to create a similar product or service based on our Services. You may only use our Services as permitted by these terms, according to any written agreement between us, and by applicable laws, including applicable privacy laws. You are responsible for obtaining and maintaining all consents required for you to use our Services, including any consents from individuals whose data you might store in our Services (such as your clients). We may suspend providing our Services to you, or terminate your account, if we suspect that you violated these terms. We are dedicated to continually improving our Services. To that end, we regularly change our Services, sometimes adding or removing functionality.

Accounts and Administrators. You will need an account to use our Services. Your account may be assigned to you by an administrator, who will also be able to access or disable your account. You are responsible for keeping your account information accurate, safeguarding your password, and for actions taken using your account. If you learn of, or suspect, any unauthorized use of your account, please contact us right away.

Content. Our Services allow you to upload and store content. You remain the owner of that content, and are solely responsible for it. In order to operate and improve our Services, you grant us a worldwide, limited term license to store, process, copy, use, and display your content to you and other users of your account. This includes the right to copy your content to our databases, make backups, and analyze it on our servers. To the extent any of that use constitutes a modification or derivative work, then you also give us a license to make modifications and derivative works of your content. Make sure you have the necessary rights to grant us this license. We may not monitor content that is submitted or uploaded to our Services, but we may remove any content that we believe violates these terms. We may also access your account in order to respond to your support requests. This license does not grant us the right to sell your content.

Protecting Your Content. We take reasonable measures to safeguard the security, confidentiality and integrity of our Services and your content, but we cannot guarantee that security, confidentiality or integrity. While we regularly backup our Services and your content, we recommend that you also keep copies of your content.

Third Party Products, Services, and Content. Our Services allow you to access and use third party products or services that we do not own or control. If you choose to access or use these third party products or services, you do so at your own risk, and you allow us to share your information and content with these third parties to enable them to provide the products, or perform the services, you requested. We do not endorse, support or warrant these products or services, and you agree to not hold us responsible for any loss or damage that you may suffer as a result of accessing or using these products or services. Our Services may also include content that is not ours, or that was uploaded or submitted to our Services by third parties. If you use or rely on this content, you do so at your own risk.

Our Property and Your Feedback. Using our Services does not give you ownership of, or any right to (other than the right to use described in these terms), any of our or our licensors’ intellectual property. Your feedback helps us to improve our Services and to develop new products and services. We are grateful for any feedback you choose to provide us, and we may freely use it without any obligation.

Payments. All payments are due in U.S. Dollars. Unless otherwise agreed by both of us in writing, we will charge your credit card on a monthly basis starting on the day you make your purchase. We will continue to charge your credit card until your subscription to our Services expires or is terminated pursuant to these terms. Our fees are exclusive of all taxes, and you are responsible for paying any tax applicable to your purchase. If your credit card is declined (or you otherwise fail to pay us), we may suspend your access to our Services, but we will notify you before we do.

Terminating Services. You may terminate your subscription to our Services at any time by providing us with written notice (email is fine); provided, that in that event: (a) we will not refund any fees that you prepaid prior to the termination, and (b) all contractually committed fees will become immediately due and payable to us. We may also stop providing our Services to you at any time, in which case we will give you reasonable advance notice and a pro-rata refund of any fees you prepaid. You must immediately cease using our Services when your access to our Service expires or is terminated for any reason: You may export your content from our Services in comma-separated value (CSV) format using the reports available in our Services. If you prefer that we provide your content in Structured Query Language (SQL) format, we will do so twice at no charge. These terms will automatically terminate when your access to our Service expires or is terminated for any reason, except with respect to outstanding payment obligations and all obligations of either that by their nature would continue beyond the termination, cancellation or expiration of these terms. Following termination or expiration of your subscription to our Service, we will have no obligation to maintain any of your content and, unless legally prohibited, we will delete it within thirty (30) calendar days after such termination or expiration.

Disclaimer. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WE DON’T MAKE ANY WARRANTY ABOUT OUR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Indemnification. You agree to indemnify and hold us (and our employees, officers, directors and affiliates) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of a third party claim made or brought against us relating to: (i) your use of our Services in violation of these terms, (ii) any of your content, or (iii) any third party’s use of our Services with your account.

Infringement Claims. If we believe our Services might infringe a third party’s intellectual property rights, then we will, at our expense: (i) obtain the right for you to continue using our Services, (ii) provide replacement functionality that is non-infringing, or (iii) modify our Services so that they are no longer infringing. If we believe that none of these options are commercially reasonable, then we may terminate your access to our Services and provide you with a pro-rata refund of any prepaid fees after the date of termination. These remedies are your exclusive remedies, and our exclusive obligation, with respect to infringement claims.

Liability for Our Services. TO THE FULLEST EXTENT PERMITTED BY LAW, (I) WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, DATA, LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE, AND (II) OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID TO US TO USE OUR SERVICES DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Support. If you experience a technical issue while using our Services that you are unable to resolve yourself, you may email us at [email protected] or call us at +1 (844) 4-VETTER. We will respond to your request promptly.

Publicity. We’re proud that you’re our client, and we want the world to know it. You permit us to use your name and logo in our customer lists, promotional materials and in conversations. You do not give up any ownership rights in your name or logo, and if you no longer want us to use your name or logo in the future, please send us an email to let us know.

Miscellaneous. We may modify these terms at any time, so you should review these terms regularly. Changes will be effective immediately, but they will not apply retroactively. If you do not agree to the modified terms, you must stop using our Services. These terms govern our relationship with you – they do not create any third party beneficiary rights. Our failure to enforce any right does not mean that we are giving up any of our rights. Neither of us will be liable for a failure to perform our obligations (excluding obligations to pay fees) as a result of a condition that is outside of our reasonable control (such as a natural disaster, war or Internet disturbance). These terms (including our privacy policy) make up the entire agreement between us relating to our Services and your use of our Services. If a court decides that a portion of these terms is not enforceable, the rest of these terms will not be affected. These terms are governed by the laws of the State of California, excluding its conflict of laws rules. If there is a dispute between us, both of us agree to work together in good faith to try to resolve that dispute before resorting to taking any legal action. All disputes relating to these terms or our Services are litigated exclusively in the federal or state courts of San Mateo County, California, and we both consent to personal jurisdiction in those courts.