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 * 844.PET.APPT
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Select Page
 * Overview
   * Why PetDesk?
   * Success Stories
   * Compatible PIMS
   * Partnerships
   * Corporate Groups
 * Features
   * Automated Reminders
   * Appointment Requests
   * Mobile App
   * Health Service Reminders
   * Payments
   * Texting
   * Loyalty
   * Mass Messaging
   * Digital Marketing
   * Online Booking
   * Smart VoIP
 * Pricing
 * Resources
   * CE University
   * PetDesk Blog
   * Resource Center
 * About
   * Our Story
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   * Contact Us
   * Help Center
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 * 844.PET.APPT
 * Support
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 * Practice Login


PETDESK® USER TERMS OF SERVICE

Welcome to PetDesk! PetDesk is a technology platform that connects pet parents
and pet care providers to help track your pet’s care all in one app! Before
using PetDesk, please take some time to carefully read our Terms of Service
below (“Terms,” or “Agreement”). The Terms below constitute a binding contract
between you and PetDesk.

Effective Date: January 4, 2021

1. Introduction.

1.1 Scope. These Terms of Service (“Terms”) govern your use of the services made
available by PetDesk, LLC. (“PetDesk,” “we,” or “us”) through our app and any
other platform we may make available to you from time to time (“Service”), which
enables you to monitor and manage the health and wellbeing of each of your
pet(s). These Terms also govern any related services or products offered
by third-party providers concerning your pet(s) via the service or products
offered by such third-parties through our app and/or platform that you may be
interested in receiving (each instance, a “Partner Service”) and provided by
such third-parties (e.g., veterinarians, groomers, boarders, insurance
providers, financing providers, etc.) (each, a “Partner”), subject to the terms
and conditions of each such Partner Service as offered by such Partner.  Your
continued use of the Service constitutes your acceptance of these Terms. If you
do not agree with these Terms at any time, you agree to immediately cease use of
the Service.

1.2 Updates.  We reserve the right to modify these Terms prospectively at any
time.  We will post any changes to these Terms on our website, and will indicate
the date the Terms were last revised.  Your continued use of the Service after
any such changes constitutes your acceptance of the updated Terms.

1.3 NOTICE OF BINDING ARBITRATION AND CLASS ACTION WAIVER.  TO THE FULLEST
EXTENT PERMITTED BY LAW, ANY DISPUTE OR CLAIM RELATED TO THESE TERMS, OR ARISING
OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, MUST BE RESOLVED BY ARBITRATION ON
AN INDIVIDUAL BASIS AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS
ACTION.  PLEASE SEE SECTION 9 BELOW.

2. The Service.

2.1 Fees. The Service is currently provided free of charge to you, although
Partner Services will have fees and costs associated with them and you are
responsible for any third-party fees that you may incur when using the Service,
including any fees assessed pursuant to any Partner Service and any Internet
connection fees.  We reserve the right in the future to provide updated
products, services, and offerings via our Service to you (“New PetDesk
Offerings”) which may or may not be provided free of charge.  You will be
informed of any changes or updates to the Service, including with respect to any
New PetDesk Offerings, where PetDesk charges you for your use of the Service in
advance of your incurrence of any such charges.

2.2 Registration. You must register a user account (“Account”) with us in order
to use the Service.  When you register, you will be asked to disclose certain
personal information about yourself, including your name, email address, and
phone number (collectively, “Personal Information”), and certain details about
your pet(s) (e.g., name, breed, sex, birthday, weight, food preference,
microchip number, rabies tag number, pet insurance information, and any other
information that you voluntarily choose to share with us) (collectively, “Pet
Information”). As described more fully in our privacy policy, we will use your
Personal Information and Pet Information solely for purposes of delivering to
you any Services and any Partner Services you elect to receive.  As part of the
Service, when you register for an Account, you agree that we can provide your
Personal Information and Pet Information to your veterinarian.

2.3 Updates to Services.  From time to time, we may contact you about New
PetDesk Offerings.  These communications concerning such New PetDesk Offerings
may be conducted through email, text messages, within our Services platform, or
via an automated, third-party voice assistant (e.g., Alexa, Siri, Google
Assistant), consistent with our Privacy Policy, which may be accessed here:
https://petdesk.com/privacy-policy/. Any voice communications conducted through
a third-party provider of automated voice assistant services will be subject to
such third-party’s terms of use and privacy policy for such services.

2.4 Responsibility for Your Account. You agree to provide us with true,
accurate, and complete Personal Information and Pet Information as requested
during the registration process and to set up your Account on the Service
platform, and to update such information promptly from time to time as necessary
to keep it current and accurate. You are solely responsible for any authorized
or unauthorized access to or use of your Account by any person, and for all fees
and charges incurred for the Service by your Account. You agree to notify us
promptly (at support@petdesk.com) regarding any unauthorized access to or use of
your Account. You further agree that you will remain liable for any fees and
charges incurred by your Account for any Partner Services.

2.5 Eligibility.  The Service is not available to individuals under the age of
18 or to any user whose access we have terminated for any reason. By continuing
to use the Service, you confirm that you are at least 18 years of age.

2.6 Partners; Partner Services.

2.6.1 Partner Service Offerings.  From time to time, we may contact you about
Partners and their respective Partner Services which we believe may be of
interest to you.  These communications concerning such Partners and their
respective Partner Services may be conducted through email, text messages,
within our Services platform, or via an automated, third-party voice assistant
(e.g., Alexa, Siri, Google Assistant), consistent with our Privacy Policy, which
may be accessed here: https://petdesk.com/privacy-policy/. Any voice
communications conducted through a third-party provider of automated voice
assistant services will be subject to such third-party’s terms of use and
privacy policy for such services.

2.6.2 Communication with Partners.  From time to time, Partners from whom you
elect, solicit, or inquire to receive Partner Services may communicate with or
otherwise contact you via the Services with respect to each such Partner’s
offerings or Partner Services.  These communications by such Partners may be
conducted through email, text messages, or within our Services platform,
consistent with our Privacy Policy, which may be accessed here:
https://petdesk.com/privacy-policy/.

2.6.3 No Endorsement; Dealings with Partners.  You acknowledge that PetDesk does
not endorse, support, represent, or guarantee the truthfulness, accuracy, or
reliability of any Partner Service made available through the Service, or
endorse any Partner providing any Partner Service through the Service.  You
acknowledge that any use and/or purchase of any Partner Service available
through the Service will be at your own risk and subject to the terms of the
applicable Partner Service which may be found through the applicable Partner. 
Any reviews featured through the Service are provided by members of the public
or other third parties and not by us. We do not accept any responsibility for
any reviews. Any descriptions of Partner Services should be verified with the
Partner.  We cannot and do not provide a warranty to the accuracy of any
information with respect to the Partner Services. Any reviews, information, or
descriptions of the Partner Services and/or Partners do not represent our
opinion.

2.6.4 No Obligations for Partner Services.  You acknowledge that any use of any
Partner Service is provided by that third-party Partner and, therefore, the
associated transaction is between you and the applicable Partner.  You
acknowledge that we have no obligation to provide you with any support or other
assistance concerning any Partner Service or associated transactions with any
such Partner, but that we may, from time to time, communicate or forward any
communications that we receive from you concerning any Partner Service to the
relevant Partner for any potential dispute or actual disputes to be resolved
directly by such Partner.  YOU ACKNOWLEDGE THAT WE ARE AN INTERMEDIARY BETWEEN
YOU AND ANY PARTNER AVAILABLE THROUGH OUR SERVICE. AS A RESULT, WE EXPRESSLY
DISCLAIM ALL LIABILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES FURNISHED BY
ANY PARTNERS AND YOU AGREE THAT PETDESK SHALL NOT BE RESPONSIBLE OR LIABLE FOR
ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM ANY DEALINGS BETWEEN YOU AND ANY
PARTNER.

3. Intellectual Property.

3.1 Ownership.  The Service and all content related thereto, including without
limitation, all text, software, graphics, photos, sounds, videos, recordings,
interactive features, and any trademarks, service marks, and logos contained in
the Service (collectively, “Materials”) are owned by PetDesk or licensed to us,
subject to copyright, trademark, and other intellectual property rights under
United States and foreign laws and international conventions.  Subject to the
foregoing, you own any and all content and materials that you upload to the
Service from time to time (“User-Uploaded Content”) and hereby grant PetDesk a
nonexclusive, worldwide, fully-paid up, royalty-free license to display,
improve, or otherwise use any User-Uploaded Content to provide and render the
Service to you and to render or otherwise facilitate the delivery of any Partner
Services to you.  PetDesk may provide User-Uploaded Content and other data on
the Service available for your personal download and personal use. Irrespective
of the availability of any User-Uploaded Content or data available for download,
you are solely responsible for maintaining and keeping backup copies of all
User-Uploaded Content.  PetDesk is not responsible for and hereby disclaims any
and all liability for any lost data or corrupted data concerning or relating to
any User-Uploaded Content or the Service. For the avoidance of doubt, Materials
do not contain any User Uploaded Content.

3.2 Restrictions on Use of Materials.  No Materials from the Service may be
copied, reproduced, republished, uploaded, posted, transmitted, or distributed
in any way without the prior written consent of PetDesk.  You agree not to
circumvent, disable, or otherwise interfere with security related features of
the Service or features that prevent or restrict use or copying of any Materials
or content.  Modification of any Materials or unauthorized use of any Materials
is a violation of our copyrights and proprietary rights, or of other entities or
persons where so indicated, unless we or the owner has provided such Materials
for such express purpose in writing and in advance of any such use.  All design
rights, databases, and compilation and other intellectual property rights
associated with the Service, in each case whether registered or unregistered,
and related goodwill, are proprietary to PetDesk.

3.3 License Grant.  Subject to the terms and conditions of these Terms, PetDesk
grants you a non-exclusive, revocable, limited license to access and use the
Service solely for the purposes set forth in these Terms.  This license will
terminate upon any termination of the Terms or upon any suspension, termination,
or cancellation of your access to the Service.

3.4 Additional Restrictions.  You agree not to do any of the following: (a)
reverse engineer, decompile, disassemble, translate, modify, alter or otherwise
change the Service, or any part thereof; (b) attempt to derive the source code
or structure of the Service, or any part thereof; (c) remove from the Service,
or alter, any of PetDesk’s or any of our licensors’ trademarks, trade names,
logos, patent or copyright notices, or other notices or markings; or (d)
distribute, sublicense or otherwise transfer access to the Service to others.

3.5 Feedback.  You are under no obligation to provide PetDesk with any feedback,
corrections, or suggestions regarding the Service.  In the event that you
provide any Feedback to PetDesk regarding the Services, including any
improvements, corrections, or modifications thereto (collectively, “Feedback”),
you hereby grant to PetDesk a world-wide, fully-paid-up and royalty-free,
perpetual, irrevocable, non-terminable, non-exclusive right to integrate and use
and otherwise exploit all such Feedback in PetDesk’s products and services,
including the Service, without restriction.

4. Partner Websites; Partner Content.

4.1 Partner Websites and Content Not Monitored.  The Service may contain or
deliver links to other websites (each, a “Partner Site”) and/or applications,
software, text, graphics, pictures, designs, music, sound, video, articles,
photographs, information, or other content belonging to or originating from
third parties (“Partner Content”).  Such Partner Sites and Partner Content are
not investigated, monitored, or checked for accuracy, appropriateness, or
completeness by PetDesk, and we are not responsible for any Partner Sites
accessed through the Service or any Partner Content uploaded to, or otherwise
available through, the Service.

4.2 Partner Terms.  If you decide to leave the Service and access a Partner Site
or to use or install any Partner Content, you do so at your own risk and you
should be aware that these Terms and our other policies no longer govern.  You
should review the terms and policies, including privacy and data gathering
practices, applicable to any Partner Site or Partner Content to which you
navigate or relating to any applications you use or install from the Service. 
With respect to offers from Partners, we do not guarantee that you will be
presented with offers for any particular types of products or services or that
you will meet the approval criteria for any particular offer, such as an
insurance product or a financing product. It is always your choice whether to
apply for a Partner Service offered by a Partner and we will never submit a
request or an application for a Partner Service to a Partner on your behalf
without your request or consent.

4.3 Insurance Producer Only.  We maintain certain licenses as an insurance
producer; we are not an insurance broker. You acknowledge and agree that we are
not an insurance broker, or an insurance company or similar provider of products
or services, and as such, we do not provide advice or recommendations to you, or
issue insurance policies or make coverage determinations for you.

4.4 Representations and Disclaimers Related to Partners.  We do not directly
provide veterinary services, grooming services, boarding services, insurance
products, or financing products and we make no representations, warranties, or
guarantees with respect to rates, quotes, terms, coverage, or services that may
be offered to you by Partners through our Service. Any service or product that
is provided to you by a Partner is subject to the terms, conditions, exclusions,
approval criteria, and/or underwriting practices of the respective Partner. We
have no authority to make any determinations with respect to the availability of
any service or product, such as an insurance product or a financing product. By
submitting your Personal Information and/or Pet Information to us when
requesting information or a quote on a service or product, you authorize us to
provide that information to the applicable Partner that participates in our
network of Partners (including those insurance providers and financing providers
that participate in our network and operations and your veterinarian). We
receive commissions, fees, or other interests as compensation for the insurance
products and/or financing products provided to you through our Service and we
may receive payment for clicks, applications, and quotes generated from our
Service.  Please contact us with any questions regarding this compensation paid
to us by Partners.

5. Privacy.

All Personal Information and Pet Information that you provide to us through the
Service will be held and used in accordance with our Privacy Policy, which may
be accessed here: https://petdesk.com/privacy-policy/. If you would like to have
your information deleted, please visit us here:
https://petdesk.com/manage-my-information/.

6. Disclaimers.

6.1 Service Interruptions and Unavailability.  The Service may be temporarily
unavailable from time to time for maintenance or other reasons.  PetDesk assumes
no responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft, or destruction
or unauthorized access to, or alteration of, user communications.  PetDesk is
not responsible for any technical malfunction or other problems of any telephone
network or service, computer systems, servers, or providers, computer or mobile
phone equipment, or software, including injury or damage to your or to any other
person’s computer, mobile device, or other hardware or software, related to or
resulting from using the Service.  Under no circumstance will PetDesk be
responsible for any loss or damage resulting from your use of the Service, or
from any content or Partner Content made available through the Service, or from
any interactions between you and any Partner.

6.2 Modifications and Discontinuance of the Service.  PetDesk reserves the right
to modify or discontinue the Service, in whole or in part, at any time without
notice.

6.3 Service Provided “As-Is.”  YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT
YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW).  PETDESK
DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. To the extent that applicable law does not allow limitations of
implied warranties, some or all of the limitations or exclusions in this
Section 6 may not apply to you.

7. Limitations on Liability.

IN NO EVENT WILL PETDESK OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS,
PARTNERS OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER
SPECIAL OR INDIRECT DAMAGES (INCLUDING FOR ANY LOST BUSINESS PROFITS) OR FOR
PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
ARISING FROM YOUR USE OF THE SERVICE, EVEN IF PETDESK IS AWARE OR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Termination.

We may suspend, terminate, or cancel your access to the Service for any reason,
or no reason, at any time in our sole discretion, with or without notice.

9. Governing Law.

Any claim, dispute or cause of action arising from these Terms or any use of the
Service (“Dispute”) shall be governed and construed in accordance with the laws
of the State of California, without reference to any conflicts of law provisions
therein.

10. Dispute Resolution; Class Action Waiver.

10.1 YOUR AGREEMENT TO ARBITRATE YOUR CLAIMS. YOU SHOULD CAREFULLY REVIEW THIS
SECTION 10. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE
TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR
MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR
RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG
AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY
A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING
BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES
APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT
ORDER AND IS SUBJECT TO A VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO
THIS SECTION 10 AS A CONDITION OF ACCESSING OR USING THE SERVICE.

10.2 Informal Dispute Procedures.  For any Dispute you have with PetDesk or
concerning these Terms, you agree to first contact us at support@petdesk.com and
to attempt to resolve such Dispute informally.

10.3 Arbitration.  In the unlikely event that we are unable to resolve any
Dispute you bring to our attention after sixty (60) days, and for any other
Dispute we raise, you and PetDesk agree that, except where prohibited by law,
all Disputes shall be resolved individually and exclusively by final and binding
arbitration administered by JAMS, and conducted before a single arbitrator, all
pursuant to the JAMS Comprehensive Arbitration Rules and Procedures that are in
effect at the time arbitration is initiated (the “JAMS Rules”).  For more
information on JAMS, the JAMS Rules, or the process for filing an arbitration
claim, you may call JAMS at (800) 352-5267 or visit the JAMS website
at www.jamsadr.com.

10.4 No Class Actions or Class-Wide Relief. You and PetDesk agree to the
following with respect to the arbitration of any Dispute hereunder: (a) ANY
CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE
ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE
PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND MAY NOT AWARD
CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in your
hometown area unless you and we both agree to another location or telephonic
arbitration; (d) in the event that you are able to demonstrate that the costs of
arbitration will be prohibitive as compared to the costs of litigation, we will
pay as much of your filing and hearing fees in connection with the arbitration
as the arbitrator deems necessary to prevent the arbitration from being
cost-prohibitive as compared to the cost of litigation; (e) we reserve the
right, in our sole discretion, to assume responsibility for any or all of the
costs of the arbitration; (f) the arbitrator will honor claims of privilege and
privacy recognized at law; (g) the arbitration will be confidential, and neither
you nor we may disclose the existence, content, or results of any arbitration,
except as may be required by applicable law or for purposes of enforcement of
the arbitration award; (h) the arbitrator may award any individual relief or
individual remedies that are expressly permitted by applicable law; and (i) each
party will pay its own attorneys’ fees and expenses, unless there is a statutory
provision that requires the prevailing party to be paid its fees and litigation
expenses and the arbitrator awards such attorneys’ fees and expenses to the
prevailing party, and, in such instance, the fees and costs awarded will be
determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN
INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.

10.5 Survival. This Section 10 will survive termination of these Terms or your
right to access or use the Service.  With the exception of the subpart
prohibiting arbitration on a class or collective basis, if any part of this
arbitration provision is deemed to be invalid, unenforceable, or illegal, or
otherwise conflicts with the JAMS Rules, then the balance of this provision will
remain in effect and will be construed in accordance with its terms as if the
invalid, unenforceable, illegal, or conflicting part was not contained herein. 
If for any reason a claim proceeds in court rather than in arbitration, the
Dispute will be exclusively brought in federal court if it has jurisdiction or,
if it does not, in a state court located in the federal judicial district of
your residence.

11. Indemnity.

You agree to indemnify and hold harmless PetDesk, and its directors, officers,
agents, contractors, partners and employees, from and against any and all loss,
liability, claim, demand, damages, costs, and expenses, including reasonable
attorney’s fees, arising out of or in connection with: (a) any of your conduct
in connection with the Service; (b) your use of a Partner Service or interaction
with a Partner; (c) any violation of these Terms; (d) your violation of any
laws, rules, regulations, codes, statutes, ordinances or governmental orders; or
(e) your violation of any rights of a third party, such as intellectual property
right, publicity, confidentiality, property, or privacy right.

12. Miscellaneous.

These Terms constitute the entire agreement between you and PetDesk regarding
your use of the Service, superseding any prior agreements between you and
PetDesk relating to your use of the Service.  The failure of PetDesk to exercise
or enforce any right or provision of these Terms shall not constitute a waiver
of such right or provision in that or any other instance. If any provision of
these Terms is held invalid, the remainder of these Terms shall continue in full
force and effect.  If any provision of these Terms shall be deemed unlawful,
void or for any reason unenforceable, then that provision shall be deemed
severable from these Terms and shall not affect the validity and enforceability
of any remaining provisions.

13. Questions.

If you have any questions regarding the Service or these Terms, please contact
us by sending an email to support@petdesk.com.

VETERINARY PRACTICES


 * Why PetDesk?
 * Book a Demo
 * Compatible PIMS
 * Help Center
 * Provider Login

 * Why PetDesk?
 * Book a Demo
 * Compatible PIMS
 * Help Center
 * Provider Login

PET PARENTS


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 * Get Pet Insurance
 * Help Center

 * Download the App
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FEATURES


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 * Mobile App
 * Payments
 * Texting
 * Loyalty

 * Automated Reminders
 * Mobile App
 * Payments
 * Texting
 * Loyalty

COMPANY


 * Careers
 * Pricing
 * Success Stories
 * Licenses
 * Referral Program

 * Careers
 * Pricing
 * Success Stories
 * Licenses
 * Referral Program

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