Terms of use

UNLESS OTHERWISE INDICATED, THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) APPLY TO (I) YOUR USE OF AND/OR ACCESS TO THE SCRIBBLEVET.COM WEBSITE (“WEBSITE”) WHICH IS OWNED OR OPERATED BY KAIRO CARE, INC. (“KAIRO CARE”, “COMPANY”, “WE,” “OUR” OR “US”), INCLUDING ANY PORTIONS THEREOF AVAILABLE ONLY TO REGISTERED USERS, (II) YOUR USE OF AND/OR ACCESS TO THE MOBILE PHONE APPLICATION(S), IF ANY (COLLECTIVELY, THE “MOBILE APP(S)”), (III) YOUR USE OF AND/OR ACCESS TO OUR EMAIL SERVICE (THE “EMAIL SERVICE”), AND (IV) YOUR USE OF AND OR ACCESS TO ANY CONTENT OR INFORMATION AND OTHER SERVICES AND PRODUCTS PROVIDED BY US (TOGETHER WITH THE WEBSITE, THE MOBILE APPS, AND THE EMAIL SERVICE, COLLECTIVELY, THE “SERVICES”). THIS PAGE EXPLAINS THE TERMS BY WHICH YOU MAY USE OUR SERVICE. BY ACCESSING, USING, SUBSCRIBING, PURCHASING, OR DOWNLOADING THE SERVICE, OR ANY GOODS, MATERIALS, OR CONTENT OF OUR SERVICE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS OF USE AGREEMENT ON BEHALF OF YOURSELF AND ON BEHALF OF YOUR USERS (REFERRED TO HEREIN AS “YOU”, OR “YOUR”). IN ORDER TO ACCESS OR USE THE SERVICES, YOU MUST BE LEGALLY CAPABLE OF ENTERING INTO A BINDING CONTRACT UNDER THE LAWS OF THE COUNTRY AND/OR STATE TO WHICH YOU ARE SUBJECT TO. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. YOU AGREE TO AND WILL ENSURE THAT ALL WHO ACCESS THE SERVICE ON YOUR BEHALF OR AT YOUR DIRECTION FOLLOW AND BE BOUND BY THESE TERMS OF USE. THESE TERMS OF USE WILL APPLY TO YOUR USE OF THE SERVICE, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, YOU MAY NOT AND SHALL NOT ACCESS, OR USE THE SERVICE.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND KAIRO CARE WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised or we will notify you of the amendment to this Agreement in the Mobile Apps, via the Services or by sending you an email. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, Users, Account Owners, Members, and others who access the Service.

If you have entered into a separate written agreement with us for use of the Services, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in these Terms of Use with respect to the Services specified in such agreement. Certain features of the Services or Website may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Website in connection with such features. To the extent such terms, guidelines, and rules conflict with these Terms of Use, such terms shall govern solely with respect to such features.  In all other situations, these Terms of Use shall govern.

1. Certain Definitions.

• “Account” means an account through which an Account Owner or Member will access the Service.

• “Account Owner” means the individual or entity who establishes one or more Accounts through the registration process provided by Us for their own use (and, in the case of multiple Accounts, for the use of their Members).

• “Intellectual Property Rights” means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law.

• “Member” means anyone associated with the Account Owner who is granted access to use an Account with the authorization of the Account Owner.

• “Personally Identifiable Information” or “PII” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you such as your name, email address, IP address, telephone number.

• "Recording” means the recorded conversation between an Account Owner and/or Member and a client during a veterinary appointment.

• “Service” means Kairo Care’s technology and software platform provided online, including through a mobile device and any other services or websites (including all areas of the site) provided by Kairo Care.

• “Software” is the software provided to you by Kairo Care, if any, and/or its licensors under license or with respect to which you have access, in connection with the Service.

• “Transcription” means a written record of the Recording made by Kairo Care as a result of a User’s use of the Service.

• “User Data” means any Recording, data, text, images, photos, video, sounds, musical works, works of authorship, materials and other information that you or your Users upload, stream, link, submit or otherwise make available in connection with or through the Service, including but not limited to, Personally Identifiable Information.

• “User(s)” means the Account Owner(s), Members, and/or their clients.

2. Use of Our Service.

• Overview. The Service includes your ability to generate a Recording using a voice memo application of your choice, sending us the Recording and then receiving back a Transcription. Kairo Care grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; (iii) you acknowledge, accept and agree that there are certain health and safety risks involved in utilizing our content, and that you accept such risks, and (iv) you will otherwise comply with the terms and conditions of this Agreement.

• Eligibility. Use of the Service is void where prohibited. This Service is intended solely for Users who are twenty-one (21) years of age or older, and any registration, use or access to the Service by anyone under 21 is unauthorized, unlicensed, and in violation of this Agreement. Kairo Care may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 21. You further agree that as a condition to accessing the Service, you will provide only true and accurate identification documentation to Us or our third-party service providers. You are responsible for the security of any account verification information and your Account, such as usernames and passwords, including without limitation your Users’ usernames and password.

3. Fees and Billing.

As an Account Owner, You acknowledge that it is Your responsibility to ensure payment in advance for all paid aspects of the Service (including, but not limited to, use of the Service by your Members and/or on each of your Accounts), and to ensure that your credit or debit cards or other payment instruments accepted by us and/or our processor, including Stripe, continue to be valid and sufficient for such purposes. We may suspend or terminate Your Accounts and Your use and Your Members’ use of the Service in the event of any payment delinquency. You will not be entitled to any refund on termination or expiration of the Agreement or any refund for the partial use of the Service or credits at any time. In the event of any termination or expiration of the Agreement, You will remain liable for any charges incurred or unpaid amounts owed by You to Us.

4. Payment and Billing Services.

In order to use payment processing services and the billing services, You may have to agree to certain terms from our third-party payment processor and Your use of the Service will be depend on You agreeing to such terms, if any. You also acknowledge and agree that while you are using the Service through an Account, We will bill you automatically for the applicable fees, on a monthly basis.

5. Recording and Transcriptions; User Data and User Data Responsibility.

• Recording and Transcription. You acknowledge and agree that you are solely responsible for its use of the Services in compliance with all applicable Laws, including but not limited to communication recording laws, which generally require an announcement that a recording is being made and the purpose for the recording, at the beginning of the recording, and the opportunity for the other party to consent or to end the conversation. You will ensure that proper consent to record is obtained prior to making any such recording. We recommend that you always secure consent before recording. You hereby represent and warrant that: (a) your use of the Services will comply with all laws in all applicable jurisdictions; (b) you will provide all required notices, and obtain all required consents, that relates to your collection, disclosure and use of the User Data, including, without limitation any Recordings; and (c) the User Data and Kairo Care’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any intellectual property rights. You acknowledge and agree that you are solely responsible for the accuracy of any Transcription. You acknowledge and agree that you will review each Transcription to ensure its accuracy and completeness.

• User Data License. In connection with User Data you upload or submit to or which is created by the Service, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize us to use, retain, copy, and process the User Data in the Service and as contemplated by this Agreement. You agree that by uploading or submitting any User Data to or through the Service, You hereby automatically at such time grant Kairo Care (and its affiliates) a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, perform and display User Data (including User Data that is created, collected or generated by the Service or Kairo Care using the User Data you submit) for the purposes of providing the Service, and for the limited purposes specified in our Privacy Policy. You further agree that the license includes the right to copy, analyze and use any of Your User Data as Kairo Care may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service and/or products or future products and/or services which may be developed by Kairo Care and any promotion of the Service.

• Responsibility for User Data. You acknowledge that You are responsible for all information and User Data you and those who are under the Account (including without limitation clients, patients and Members) input into the Service. Kairo Care takes no responsibility and assumes no liability for any User Data that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Data that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. In the event of termination of this Agreement, whether by your cancellation of the Agreement, your breach of, or as otherwise provided in these Terms of Use, if You would like to retrieve your User Data contained within the Service, please make such a request by contacting support@scribblevet.com prior to the Account termination date. It is your sole responsibility to timely make such a request before the account termination date and to ensure the secure preservation of User Data (including PII) for your clients and patients pursuant to federal and state law. Please note that if you are using the Service as a Member, you may not be able to access or retrieve User Data without the permission of the Account Owner.
    
• Storage of User Data. You acknowledge and agree that Kairo Care may refuse to store, provide, or otherwise maintain your User Data for any or no reason. If User Data is stored on the Service with an expiration date, we may also delete the User Data as of that date.  User Data that is deleted may be irretrievable.  You agree that Kairo Care has no responsibility or liability for the deletion or failure to store any User Data or other communications maintained or transmitted through use of the Service.

• Our Use of PII. Our Privacy Policy describes how we use and share your PII. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States. Please note that our Privacy Policy does not apply to any of your clients’ or patients’ PII that may be contained within User Data that we collect and process only on your behalf when we provide the Service. We will not retain, use or disclose the PII You provide to us except for the specific purpose of performing our obligations under these Terms of Use or for the limited purposes stated in our Privacy Policy, including providing and improving the Service or developing new products and/or services under these Terms of Use. It is Your responsibility to comply with all applicable privacy and data protection laws and to ensure that You have provided all required notices and obtained all necessary consents (including with respect to third parties access) from Your Users and that such Users have agreed to the collection and use of their User Data (including PII) and the access of their User Data by You, by us, and, where applicable, other third parties all in accordance with these Terms of Use.

6. Restrictions While Using the Service.

You agree that You will not, and will ensure that Users do not:

• Post, display or transmit information or data or User Data, including the unauthorized use of any payment method, that violates any law, regulation or rule, or the rights of any third party including without limitation Intellectual Property Rights;

• Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Service or interests or rights of other users, or that may harvest or collect any data or personally identifiable information about other users without their consent;

• Post or transmit any information or data or User Data that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;

• Use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the Kairo Care servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; or

• Attempt to gain unauthorized access to any other User’s Account, password or User Data, or allow more than one person to use an Account.

You agree that You and your Members and Users will not upload, publish, or submit to any part of the Service any User Data that is protected by Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless You, the appropriate Member or Users are the owner of such rights or have permission from the rightful owner to upload or submit the User Data and to grant Kairo Care all of the license rights granted in this Agreement. You agree that Kairo Care will have no liability for, and You agree to defend (at Kairo Care’s option), indemnify, and hold Kairo Care harmless for, any claims, losses or damages arising out of or in connection with Your use of any User Data.

7. Term and Termination.

This Agreement shall remain in full force and effect while you use the Service. Kairo Care may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in our sole determination, you violate any of terms of this Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with an email address that is not rightfully yours. We may also terminate or suspend your use of the Service at our convenience upon 30 days’ notice. Upon termination of this Agreement or Your Account, all licenses granted by Us to use the Service, including, without limitation, the Software, will automatically terminate. You are responsible for requesting from Kairo Care the retrieval of all User Data as You require or is required by law by contacting support@scribblevet.com prior to the Account termination date. The following terms will survive any termination of this Agreement: Sections 1, 7, and 9-18. You will not be entitled to any refund on termination or expiration of the Agreement.

8. License Grant.

We hereby grant You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Service for your internal use (whether through the Website or by downloading and installing the Mobile Apps, including any updates and bug fixes) specifically as set forth in these Terms of Use and expressly conditioned upon You and Your Account remaining active, in good standing, and in full compliance with these Terms of Use. You agree that you will not (i) allow any person or entity not authorized by Us to use or access the Software or Service (by way of sharing of Accounts or otherwise), (ii) attempt to copy any ideas, features, functions or graphics contained in the Service; (iii) use the Software in the operation of a service bureau, an application service provider or for any other purpose intended to benefit a party other than You, (iv) alter or modify the Software, (v) sell, assign, sublicense, rent, lease or otherwise transfer the Software or any rights in connection therewith, or (vi) attempt to translate, disassemble, decompile, reverse assemble, reverse engineer all or any part of the Service or otherwise attempt to derive the source code for the Software. Kairo Care reserves all rights not expressly granted herein in the Service and the Content (as defined below). Kairo Care may terminate this license for any breach by You for these Terms of Use.

9. Proprietary Rights.

• Intellectual Property Rights. Kairo Care and its licensors retain all right, title and interest in and to all Intellectual Property Rights in and to the Software, Services and the Content.

• Content. Except for your User Data, the Service and its materials, including, without limitation, Transcriptions, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Kairo Care and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Content, User Data or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

• Ideas and Comments. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Kairo Care under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Kairo Care does not waive any rights to use similar or related ideas previously known to Kairo Care, or developed by its employees, or obtained from sources other than you.

• Trademarks. “Kairo Care”, “ScribbleVet” and other Service graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Kairo Care, Inc., a Delaware corporation, and/or its licensors and affiliates. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kairo Care. All other trademarks not owned by Kairo Care that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kairo Care.

10. Third Party Materials. 

You may access or use third party products, services and other materials while accessing or using the Service (“Third Party Materials”). 

Nothing in this Agreement will be considered a representation or warranty by us regarding any Third Party Materials. The availability of Third Party Materials does not imply our endorsement or affiliation with providers of Third Party Materials, nor does it create any legal relationship between you and the providers.

YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ADDITIONAL TERMS OR POLICIES FROM THE APPLICABLE PROVIDERS.

11. Indemnity.

You agree to defend, indemnify and hold harmless Kairo Care and its subsidiaries, agents, and other affiliated companies, and the employees, contractors, agents, officers and directors of each, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any content therein and any data or User Data transmitted or received by you; (ii) any injury, property damage, illness, disability, medical costs and expenses. death, loss of services or otherwise arising out of, relating to, or in connection with your engaging in any activity offered via the Service; (iii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (v) your violation of any law, rule or regulation of the United States or any other country; (vi) any claim or damages that arise as a result of User Data or any information that is submitted by you or via your account; (vii) any claim or penalty from a taxing authority related to your activities on the Service; or (viii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

12. No Warranty.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, KAIRO CARE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT OR THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE TRANSCRIPTIONS) ARE ACCURATE, COMPLETE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

THE KAIRO CARE SERVICE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY KAIRO CARE. KAIRO CARE HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. YOU EXPRESSLY RELIEVE KAIRO CARE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES.

KAIRO CARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH KAIRO CARE SERVICE AND KAIRO CARE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KAIRO CARE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. KAIRO CARE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL KAIRO CARE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KAIRO CARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT AND OR ANY DATA (INCLUDING, WITHOUT LIMITATION, TRANSCRIPTIONS); (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, INCLUDING DEATH, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, INCLUDING VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE SERVICE, OR OTHERWISE IN CONNECTION WITH THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PII OR PHI STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY AND ALL RISKS AND RESPONSIBILITY OF INJURY, PHYSICAL HARM OR DEATH ARISING IN CONNECTION WITH ANY EQUIPMENT. IN NO EVENT SHALL KAIRO CARE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO KAIRO CARE HEREUNDER.

IN NO EVENT SHALL THE KAIRO CARE’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO KAIRO CARE UNDER THIS AGREEMENT IN THE TWELVE MONTHS PRECEDING ANY CLAIM MADE HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KAIRO CARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

14. Disputes.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Kairo Care and limits the manner in which you can seek relief from us.

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Except for small claims disputes in which you or Kairo Care seek to bring an individual action in small claims court located in the county of your billing address or claims for injunctive relief by either party, any dispute or controversy arising out of, in relation to, or in connection with these Terms of Use or your use of the Services shall be finally settled by binding arbitration in San Mateo County, California under the Federal Arbitration Act (9 U.S.C. §§ 1-307) and the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. Where arbitration is not required by these Terms of Use, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Mateo County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.  

ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SALES TRANSACTIONS BETWEEN YOU AND KAIRO CARE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS OF USE.  YOU ALSO AGREE NOT TO BRING ANY LEGAL ACTION, BASED UPON ANY LEGAL THEORY INCLUDING CONTRACT, TORT, EQUITY OR OTHERWISE, AGAINST KAIRO CARE THAT IS MORE THAN ONE YEAR AFTER THE DATE OF THE APPLICABLE ORDER.

15. Availability and Use Outside of the United States.

The Service is controlled, offered and operated from facilities in the United States. Kairo Care makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals located in the United States. Notwithstanding the foregoing, Kairo Care retains all rights, including all Intellectual Property Rights, to the Service and the Content therein, throughout the world.

16. Notification Procedures.

Kairo Care may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website or the Mobile Apps, as determined by Kairo Care in our sole discretion. Kairo Care reserves the right to determine the form and means of providing notifications to our Users.

17. Export Controls. 

You are responsible for complying with United States export controls and for any applicable violations, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country or (b) on any of the U.S. government lists of restricted end users.

18. General.

• Entire Agreement. This Agreement, together with any other legal notices and agreements published by Kairo Care via the Service, shall constitute the entire agreement between you and Kairo Care concerning the Service.

• No Waiver. The Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

• Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

• Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kairo Care without restriction.

• Severability. If any provision of this Agreement is unlawful, void or unenforceable by a court of competent jurisdiction, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
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• The following terms apply regarding your use of any iOS-compatible version of the Mobile Apps:  
  • You acknowledge that these Terms are entered into between you and Kairo Care and, that Apple, Inc. (“Apple”) is not a party to these Terms of Use other than as third-party beneficiary as contemplated below.
  • You are granted a non-transferable license to use the Mobile App on an Apple-branded product owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. However, the Mobile App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. 
  • You acknowledge that Kairo Care and not Apple, is responsible for providing the Service.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
  • To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service except, if applicable, to refund the purchase price for the Mobile App.
  • Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms of Use, you acknowledge that, solely as between Apple and Kairo Care, Kairo Care and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. 
  • Further, you agree that if the Service, or your possession and use of the Service, infringes on a third-party’s Intellectual Property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such Intellectual Property infringement claims.
  • When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
  • Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce it against you. 
  • Regardless of the above, Kairo Care’s right to enter, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

If you have any questions regarding this Agreement, please contact us at support@scribblevet.com. You may also contact us by writing to 440 N BARRANCA AVE #3141 COVINA, CA 91723, or by calling us at (628) 257-2742.