Last updated: December 18, 2021
Please read these terms and conditions carefully before using Our Service.
‍Interpretation and DefinitionsInterpretation
‍The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.
‍Definitions
‍For the purposes of these Terms and Conditions:
‍Application - means the software program PetsHealth provided by the Company downloaded by the Client on any electronic device.
‍Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
‍Affiliate means an entity that controls, is controlled by, or is under common control with the Company, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
‍Account means a unique account created for the Client to access Service or parts of Service.
‍Country refers to Ukraine or another country where the Company has registration.
‍Company refers to PE Voitsekhovsky V. V., Ukraine.
‍Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
‍Free Service Limit refers to a limited list of services that may be obtained by the customer for free when purchasing a Subscription.
‍Free Trial refers to a limited period of time that may be free of charge upon the purchase of a Subscription.
‍Service refers to the usage of the Application.
‍Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to the Client.
‍Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between the Client and the Company regarding the use of the Service.
‍Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
‍Client means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
‍Acknowledgment
‍These are the Terms and Conditions governing the use of this Service and the agreement that operates between the Client and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.The Client’s access to and use of the Service is conditioned on the Client’s acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.By accessing or using the Service the Client agrees to be bound by these Terms and Conditions. If the Client disagrees with any part of these Terms and Conditions, then the Client may not access the Service.The Client declares that the Client has reached the age of majority and is fully capable. The Company does not allow persons who have not reached the age of majority and are not fully capable to use the Service.The Client’s access to and use of the Service is also conditional upon the Client’s acceptance of and compliance with the Privacy Policy of the Company. The Company’s Privacy Policy describes rules and procedures on the collection, use and disclosure of the Client’s personal information when the Client uses the Application or the Website and tells the Client about the Client’s privacy rights and how the law protects the Client. Please read the Privacy Policy carefully before using the Service.
‍Service
‍In compliance with these Terms and Conditions, the Service includes, but is not limited to, providing services for pet owners, facilities that provide them, providing storage and transmission of information about animal health, advice for pet owners, services for the marketplace of goods and services for animals, an electronic social platform for pet owners.The service is free of charge if used during the Free Trial Period or Free Service Limit.The Free Services Limit depends on the terms of the respective Subscription and may include: provision of information on services for animals, facilities that provide them, a certain volume of storage space for storing of information documents on the medical condition of the animal, provision of consultations between the service and the owner, a playground for pet owners, a knowledge base on animal care.Detailed information regarding the Free Service Limit is provided upon selection of Subscription options. The Company reserves the right to determine the Free Service Limit.The Service in no way includes the provision of medical or veterinary services, the sale of any goods or their delivery.
‍SubscriptionsSubscription period
‍The Service or certain parts of the Service are available only with a paid Subscription. The Client will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the type of Subscription plan (or other conditions) the Client selected upon purchase of the Subscription.At the end of each period, the Client’s Subscription will automatically renew under the exact same conditions unless the Client cancels it or the Company cancels it.
‍Subscription cancellations
‍The Client may cancel the Client’s Subscription renewal either through the Client’s Account settings page or by contacting the Company.The Client will not receive a refund for the fees the Client already paid for the Client's current Subscription period; however the Client will be able to access the Service until the end of the Client's current Subscription period.
‍Billing
‍The Client shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.If for any reason it is not possible to automatically charge and collect the payment, the Company will send an electronic invoice stating that the Client must perform the procedure manually within a certain period of time with full payment according to the billing period specified in the invoice.
‍Fee Changes
‍The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.The Company will provide the Client with reasonable prior notice of any change in Subscription fees to give the Client an opportunity to terminate the Subscription before such change becomes effective.If the Client continues use of the Service after the Subscription fee change comes into effect it constitutes the Client agreement to pay the modified Subscription fee amount.
‍Refunds
‍Except when required by law, paid Subscription fees are non-refundable.Certain refund requests for Subscriptions may be Reviewed by the Company and granted at the sole discretion of the Company.
‍Free Trial
‍The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.The Client may be required to enter the Client’s billing information to sign up for the Free Trial.If the Client enters the Client’s billing information when signing up for a Free Trial, the Client will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless the Client cancelled the Subscription, the Client will be automatically charged the applicable Subscription fees for the type of Subscription the Client has selected.At any time and without prior notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
‍User Accounts
‍When the Client creates the Client’s account, the Client must provide to the Company accurate, complete, and up-to-date information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of the Client’s account on the Service.The Client is responsible for safekeeping the password that the Client uses to access the Service and for any activities or actions under the Client’s password, whether the Client’ password is created with the Service or the registration is made with Third-Party Social Media Service.The Client agrees not to disclose the Client’s password to any third parties. The Client must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of the Client’s account.The Client may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than the Client without appropriate authorization, or a name that is offensive, vulgar or obscene.
‍Intellectual Property
‍The Service and its original content (excluding Content provided by the Client or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.Links to Other Websites
‍The Service may contain links to third-party web sites or services that are not owned or controlled by the Company.The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The Client further acknowledges and agrees that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.The Company strongly advises the Client to read the terms and conditions and privacy policies of any third-party web sites or services that the Client visits.
‍Termination
‍The Company may terminate or suspend the Client’s Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if the Client breaches these Terms and Conditions.Upon termination, the Client’s right to use the Service will cease immediately. If the Client wishes to terminate the Client’s Account, the Client may simply discontinue using the Service.
‍Limitation of Liability
‍Notwithstanding any damages that the Client might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and the Client exclusive remedy for all of the foregoing shall be limited to the amount actually paid by the Client through the Service or 100 USD if the Client haven't purchased anything through the Service.To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages.Some countries or U.S. states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these countries or U.S. states, each party's liability will be limited to the greatest extent permitted by law.
‍"AS IS" and "AS AVAILABLE" Disclaimer
‍The Service is provided to the Client "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet the Client’s requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of harmful software such as viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to the Client. In such case, however, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under the applicable law.
‍Governing Law
‍The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and the Client’s use of the Service. The Client’s use of the Application may also be subject to other local, state, national, or international laws.
‍Disputes Resolution
‍If the Client has any concern or dispute about the Service, the Client agrees to first try to resolve the dispute informally by contacting the Company.
‍For users of Ukraine
‍These Terms and Conditions shall be construed to constitute a public contract within the meaning of Article 633 of the Civil Code of Ukraine.The terms and conditions are the same for all users who wish to join the Service.
‍For European Union (EU) Users
‍If the Client is a European Union consumer, the Client will benefit from any mandatory provisions of the law of the country in which the Client are resident in.
‍United States Federal Government End Use Provisions
‍If the Client is a U.S. federal government end user, the Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
‍United States Legal Compliance
‍The Client represents and warrants that (i) the Client is not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) the Client is not listed on any United States government list of prohibited or restricted parties.
‍Severability and Waiver Severability
‍If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
‍Waiver
‍Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
‍Translation Interpretation
‍These Terms and Conditions may have been translated. The Client agrees that the original English text shall prevail in case of a dispute.
‍Changes to These Terms and Conditions
‍The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material the Company will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the Company’s sole discretion.By continuing to access or use the Service after those revisions become effective, the Client agrees to be bound by the revised terms. If the Client does not agree to the new terms, in whole or in part, the Client may stop using the website and the Service.
‍Contact Us
‍If you have any questions about these Terms and Conditions, the Client can contact us by email: info@petshealth.app