Last Updated: October 7, 2024

Please read these Terms and Conditions (“Terms”) carefully before using the Veterly website at www.Veterly.com and/or the Veterly mobile application (collectively referred to as the “Service”), operated by TigerVet Inc. (“we,” “us,” “Tigervet”,  or “our”).

Your access to and use of the Service is contingent upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users including pet parents and veterinarians, and others who wish to access or utilize the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you are not permitted to use the Service.

Communications

By creating an account on our Service, you agree to receive newsletters, promotional content, marketing materials, and other information we may send. However, you may opt out of receiving these communications at any time by following the unsubscribe link or instructions provided in our emails.

The Service serves as an online platform where pet owners can connect with veterinarians regarding pet healthcare, general inquiries, or animal-related questions. You understand and agree that TigerVet is not a party to any agreements between users, nor does it provide any medical diagnoses, treatments, or healthcare recommendations. We disclaim all liability regarding these matters to the fullest extent permitted by law.

Before using our Services, you affirm that a veterinary-client-patient relationship (VCPR) exists with the veterinarian and pet you are consulting. If there is no VCPR, you acknowledge that you are seeking only veterinary advice and not a diagnosis, treatment, or prescription.

Purchases

If you wish to purchase any product or service available through the Service (“Purchase”), you may be required to provide certain information relevant to your Purchase, such as your credit card number, expiration date, billing address, and shipping details.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or payment method(s) in connection with your Purchase; and (ii) the information you provide is accurate, complete, and true.

The Service may utilize third-party services to facilitate payments and complete Purchases. By submitting your information, you grant us permission to share this information with these third parties, in accordance with our Privacy Policy.

Before using this feature, please review your state’s laws to ensure compliance, as credit card surcharges may be restricted or prohibited in some areas. Note that surcharging is NOT allowed on debit cards.

Surcharge rates must be consistent across all card brands and cannot exceed your rate with TigerVet. In most states, credit card surcharges are limited to 3% or the processing fee, whichever is lower. Additional limitations may apply in certain states.

Arbitration Notice

In order to resolve any disputes in a cost-efficient manner, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND TIGERVET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim. 

Any arbitration between you and Tigervet will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this ‘Arbitration Notice’ Section within 30 days after the date that you agree to these Terms by sending a letter to TIGERVET, INC., Attention: Legal Department – Arbitration Opt-Out, 426 Springfield Ave, 2nd Floor, Summit, NJ 07901 that specifies: your full legal name, the email address associated with your account on the Services, and a statement that you wish to opt out of arbitration (“ Opt-Out Notice”). Once Tigervet receives your Opt-Out Notice, this ‘Arbitration Notice’ section will be void. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

Notice of Arbitration; Process

If you wish to initiate arbitration, you must first send a written notice of the dispute to the other party via certified U.S. Mail, Federal Express (signature required), or, if a current physical address is not available, by email (this will be referred to as the “Notice of Arbitration”). The address for sending the Notice to Tigervet is: TIGERVET, INC., 426 Springfield Ave, 2nd Floor, Summit, NJ 07901. The Notice of Arbitration must include: (a) a description of the nature and basis of the claim or dispute; and (b) the specific relief you are seeking (“Demand”). Both parties will make good faith efforts to resolve the claim directly. If no agreement is reached within 30 days of the Notice being received, either you or Tigervet may initiate an arbitration proceeding. All arbitration proceedings will be confidential unless both parties agree otherwise in writing. During arbitration, neither party's settlement offers can be disclosed to the arbitrator until after a final decision has been made. If the arbitrator awards you more than the last written settlement offer made by Tigervet before the award, Tigervet will pay you the greater of: (i) the amount awarded; or (ii) US$10,000.

Arbitration Methods

Any arbitration hearing will be held at a mutually agreed location in Delaware. However, if your claim is for US$10,000 or less, you can choose how the arbitration will be conducted: (a) based solely on documents submitted; (b) via a non-appearance telephone hearing; or (c) through an in-person hearing as per AAA Rules at your billing address's county (or parish). If the arbitrator finds that your claim or the relief sought is frivolous or intended for an improper purpose (as defined in Federal Rule of Civil Procedure 11(b)), the payment of all fees will follow AAA Rules. In this case, you agree to reimburse Tigervet for any fees it has paid that you are responsible for under those rules. Regardless of the arbitration method, the arbitrator must provide a written decision that clearly outlines the essential findings and conclusions that support the decision and any awarded amounts. The arbitrator can address disputes about fee payments and reimbursements at any time during the proceedings if either party requests it within 14 days of a ruling on the merits.

No Class Actions

YOU AND TIGERVET AGREE THAT CLAIMS MAY ONLY BE BROUGHT INDIVIDUALLY AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator cannot consolidate multiple claims or oversee any form of a representative or class proceeding.

Modifications to this Arbitration Provision

If Tigervet makes any changes to this arbitration provision (excluding changes to the Notice of Arbitration address), you can reject the change by sending written notice to Tigervet within 30 days of the change. In this case, your account with Tigervet will be terminated immediately, and the arbitration provision as it was prior to the rejected changes will remain in effect.

Enforceability

If this ‘Arbitration Notice’ section or any part of it is deemed unenforceable, or if Tigervet receives an Opt-Out Notice from you, then this entire ‘Arbitration Notice’ section will become void. In such a case, the exclusive jurisdiction will be in Delaware and will govern any actions arising from or related to these Terms.

Content

Our Service allows you to post, link, store, share, and make available various information, text, graphics, videos, or other materials (“Content”). You are responsible for the legality, reliability, and appropriateness of any Content you post on or through the Service.

By posting Content, you represent and warrant that: (i) you own the Content and/or have the right to use it and grant us the rights to use and license it; and (ii) posting your Content does not violate anyone else's rights, including privacy, publicity, copyrights, or contract rights. We reserve the right to terminate the account of any user found to be infringing on copyright.

You retain all rights to any Content you submit, post, or display through the Service and are responsible for protecting those rights. We assume no responsibility for Content posted by you or any third party. However, by posting Content, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such Content through the Service.

TigerVet Inc. has the right, but not the obligation, to monitor and edit all user-generated Content. Additionally, Content found on or through this Service is the property of TigerVet Inc. or is used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use any such Content for commercial purposes without our express prior written permission.

Accounts

When you create an account with us, you confirm that you are over 18 years old and that the information you provide is accurate, complete, and current. Providing inaccurate, incomplete, or outdated information may result in the immediate termination of your account.

You are responsible for keeping your account and password confidential, including restricting access to your account. You agree to take responsibility for all activities that occur under your account and password. You must notify us immediately if you become aware of any security breach or unauthorized use of your account.

You may not use as a username the name of another person or entity, a name that is not lawfully available, or a name or trademark that belongs to someone else without proper authorization. Offensive, vulgar, or obscene usernames are also prohibited.

We reserve the right to refuse service, terminate accounts, modify or remove content, or cancel orders at our discretion.

Data Within Our Service

Our Service enables you to upload, submit, store, send, or receive content. You retain ownership of any intellectual property rights in that content.

By uploading, submitting, storing, sending, or receiving content through our Services, you grant TigerVet Inc. a worldwide license to use, host, store, reproduce, modify, create derivative works, and communicate such content. This license is granted solely for the purpose of operating, promoting, and improving our Services, as well as developing new services. This license continues even if you stop using our Services, meaning we may use your submitted content for training or educational purposes.

Intellectual Property

The Service and its original content (excluding user-provided Content), features, and functionality remain the exclusive property of Veterly Inc. and its licensors. Copyright, trademark, and other laws protect the Service in the United States and internationally. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Links to Other Websites

Our Service may include links to third-party websites or services that are not owned or controlled by Veterly Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of these third-party websites or services. We do not endorse any of these entities or their offerings.

Indemnification

You agree to indemnify, defend, and hold Tigervet, along with its shareholders, officers, directors, managers, employees, agents, subsidiaries, affiliates, licensors, suppliers, successors, and assigns, harmless from any claims, actions, demands, liabilities, and settlements—including reasonable legal and accounting fees—(collectively, "Claims") that arise from or are alleged to arise from your violation of these Terms of Service. Additionally, if you are a pet parent, you agree to indemnify, defend, and hold your Veterinary Provider(s) harmless from any third-party Claims resulting from your failure to follow their advice or recommendations. 

If you are a Veterinary Provider, you agree to indemnify, defend, and hold Tigervet, along with its shareholders, officers, directors, managers, employees, agents, subsidiaries, affiliates, licensors, suppliers, successors, and assigns, harmless from any claims, actions, demands, liabilities, and settlements—including reasonable legal and accounting fees—(collectively, "Claims"),  resulting from, or alleged to result from, your violation of these Terms of Use, your violation of applicable law, your use of the Site and/or your provision of veterinary medicine services and advice to Users.

Tigervet reserves the right, at your expense, to take exclusive control of the defense of any matter you are required to indemnify us for, and you agree to cooperate with us in that defense. You also agree not to settle any matter without obtaining prior written consent from Tigervet. We will make reasonable efforts to inform you of any such claims, actions, or proceedings as soon as we become aware of them.

Informed Consent for Pet Parents

A. Telehealth refers to the delivery of healthcare services through interactive audio and video technology, where the patient and the veterinary professional are not physically present together.

B. The Telehealth Services provided by your veterinarian do not replace a veterinary-client-patient relationship or serve as your primary medical provider. As with any online health service, there are potential risks involved. By using this service, you acknowledge the additional risks associated with telehealth and waive any liability against the Company or Veterinarian. These risks may include, but are not limited to: insufficient information transmission (e.g., poor image quality), delays due to electronic equipment failures or clinic staffing issues, incomplete access to health records potentially leading to adverse drug interactions, and the risk of incorrect diagnoses.In the event of an emergency, you should seek immediate care at an emergency veterinary clinic.

C. By accepting these Terms, you acknowledge that while you may expect benefits from telehealth, no specific results can be guaranteed. Your veterinarian may determine that the Services are not suitable for some or all of your pet’s treatment needs and may choose not to offer telehealth services. Should an in-office visit be required, your veterinarian may charge for services rendered.

D. You may send written notes to your veterinarian or Customer Support via a secure messaging portal within the Site (the “Messaging Portal”). Messages sent through this portal may be seen by multiple veterinarians or Customer Support agents and are typically responded to within 48 hours. Do not rely on the Messaging Portal for urgent matters. If your pet is experiencing a medical emergency, you should contact the nearest emergency clinic. Messaging veterinarians through the Portal does not establish a provider-patient relationship and does not constitute treatment, diagnosis, or medical advice.

E. The independent veterinary professionals (‘Veterinary Providers’) delivering telehealth services through Tigervet are solely responsible for the care they provide to you and your pets. Tigervet does not engage in the practice of veterinary medicine, veterinary technician services, pharmaceutical services, or any other licensed profession, nor does it interfere with Veterinary Providers in their professional practices. Each Veterinary Provider is accountable for their services and for complying with the regulations relevant to their profession and license. Neither Tigervet nor any third parties promoting the Services or linking you to them will be liable for any damages resulting from the professional advice provided by a Veterinary Provider through these Services.

F. Communications via the Site are not confidential and may be recorded for reasons including quality control, customer service, and being able to provide the functionality of the application. 

Informed Consent for Veterinary Clinics

A. If you’re agreeing to these Terms as a veterinarian or veterinary technician, you confirm that you hold a valid, unexpired license to practice in the United States and are in good standing in all relevant jurisdictions. You are solely responsible for the services you provide to users and their pets. Tigervet does not practice veterinary medicine or any licensed profession and does not interfere with Veterinary Providers' practices. Each Veterinary Provider is responsible for compliance with their professional requirements.

B. You must abide by all applicable laws and regulations, including maintaining a valid license and adhering to the veterinary practice act in your jurisdiction. This includes following ethical guidelines from relevant veterinary associations. You agree not to post any inappropriate content. You agree not to post anything that could be construed as an advertisement or solicitation unless authorized by Tigervet.

C. Veterinary Providers must understand the limitations of teletriage and telehealth based on their licensing jurisdiction. Tigervet is not responsible for interpreting local laws or guiding Veterinary Providers on their use of the Services.

D. Do not disclose another user's personal information without their consent. You must protect others' personal information as you would your own.

E. Without a valid VCPR as defined by the regulations applicable to your practice, you agree not to provide services that require a VCPR.

F. While Tigervet is not liable for compliance issues, we may be required to provide information to governmental bodies if necessary.

G. Communications via the Site are not confidential and may be recorded or accessed by authorized employees of Tigervet for reasons including quality control and being able to provide the Services of the application. Ensure that all Tigervet data is removed before disposing of any electronic equipment used for services.

H. You agree to maintain veterinary malpractice insurance at all times that you are a Veterinary Provider, with a commercially reasonable amount of coverage according to the scope of your veterinary practice or as may be required by the Applicable Veterinary Laws.

Thank you for choosing TigerVet!