By accessing or using websites or software operated by Instinct Science Holdings, LLC or its subsidiaries (“Instinct”), including but not limited to Instinct.vet, Standards.vet, Plumbs.com, Cliniciansbrief.com, and pickthebrain.instinct.vet (collectively “Instinct Software”), you agree and intend to be legally bound by these Terms of Use, including any changes that Instinct may post from time to time. You should not use Instinct Software if you have objections to any of these Terms of Use.
We may change or discontinue any aspect, service, or feature of Instinct Software at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use. We reserve the right to withdraw or modify all or any portion of Instinct Software, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of Instinct Software is unavailable at any time or for any period. From time to time, we may restrict or limit access to some or all of the Instinct Software.
You are also advised that we may enforce our intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use any Marks without our prior written permission.
19. Applicable Law
These Terms of Use and the resolution of any dispute related to these Terms of Use or Instinct Software (including the Instinct Privacy Policy) shall be governed by and construed in accordance with the laws of the United States, including federal copyright and trademark laws. All disputes related to contract law will be governed by the laws of the State of Delaware, without giving effect to any principles of conflicts of law or choice of law.
Instinct Science Holdings, LLC
1209 Orange Street
Wilmington, DE 19801
Email: [email protected]
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, WHICH ENHANCE THE WEBSITE (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 “SERVICE”). 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 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 SERVICE, 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. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. NOTWITHSTANDING THE FOREGOING TO THE CONTRARY, 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 OR DO NOT HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE ON BEHALF OF ANY APPLICABLE LEGAL ENTITY, YOU MAY NOT AND SHALL NOT ACCESS OR USE THE SERVICE ON YOUR OR ANYONE ELSE’S BEHALF.
AI TRANSPARENCY. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO OR USE OF THE SERVICE INVOLVES YOUR INTERACTION WITH ARTIFICIAL INTELLIGENCE TECHNOLOGY, WHICH AUTONOMOUSLY OR PARTIALLY AUTONOMOUSLY PROCESSES DATA THROUGH A GENETIC ALGORITHM, A NEURAL NETWORK, MACHINE LEARNING, LARGE LANGUAGE MODELS, OR OTHER TECHNIQUES IN ORDER TO GENERATE CONTENT OR MAKE DECISIONS, RECOMMENDATIONS, OR PREDICTIONS FOR YOU.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT THAT CLAUSE REQUIRES DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE THE ARBITRATION CLAUSE BELOW FOR MORE INFORMATION REGARDING THE POSSIBLE EFFECTS OF THE AGREEMENT TO ARBITRATE AND HOW TO OPT OUT OF THE ARBITRATION CLAUSE.
We reserve the right to amend this Agreement at any time. 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 Service, 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 the terms herein or any future Terms of Use, including any amendments hereto, 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 Service (each, a “Separate Agreement”), the terms and conditions of the Separate Agreement shall prevail over any conflicting terms or conditions in these Terms of Use with respect to the portions of the Service specified in the Separate Agreement. Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service 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.
Words and phrases used in these Terms have their definitions given in these Terms, including as set forth in this Section, or, if not defined herein, have their plain English meaning as commonly interpreted in the United States.
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. Furthermore, if you are registered for the Service as an individual veterinarian or practice and have arranged for a third party such as your veterinary clinic, practice manager, and/or a parent entity to coordinate with us and pay for the Service on your behalf (such entities, the “Paying Agents”), you acknowledge and hereby agree that such Paying Agents are authorized to access the information and data contained in your Account. 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.
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 depend on you agreeing to such terms of our third-party payment processor, 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.
You agree that You will not, and will ensure that Users do not:
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 rights for Kairo Care to use such User Data to provide the Service as required by this Agreement.
This Agreement is entered into as of the date you first access or use the Service (the “Effective Date”) and 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, damage, disable, or compromise the system integrity or security related to the Service or deciphering 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 or any of your Members. 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 and your Members’ 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 [email protected] prior to such termination date. Any provisions which by their inherent meanings are to survive any termination or expiration of this Agreement shall so survive. You will not be entitled to any refund on termination or expiration of the Agreement.
We hereby grant You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Service in your country of residence for your internal business 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 and your Members’ Accounts remaining active, in good standing, and in full compliance with these Terms of Use. You agree that you will not and will not permit any third party to (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, modify, reproduce, or create derivative works of the Software or Service, (v) sell, assign, sublicense, rent, lease or otherwise transfer the Software, Service, 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).
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.
Integrations With Third Party Services. The Services may include access to certain integrations with third-party software solutions, applications, or platforms (such third-party solutions, applications, or platforms, “Third-Party Services,” the providers of the Third-Party Services, the “Third-Party Service Providers,” the integrations therewith, the “Third-Party Integrations”). Such Third-Party Integrations are subject to the following terms:
You agree to defend, indemnify and hold harmless Kairo Care and its subsidiaries, agents, and other affiliated companies, and the members, managers, shareholders, investors, employees, contractors, agents, officers, directors, successors, and assigns of each from and against any and all claims, suits, demands, actions, damages, obligations, losses, liabilities, judgments, settlements, awards, interest, fines, penalties, 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 by you (including all Account Owners, Members, and other Users); (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 proceeding from a taxing authority related to your activities on the Service; or (viii) any other party’s access and use of the Service under your Account ID.
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 AFFILIATES, 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 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 THE 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KAIRO CARE, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, VENDORS, OR 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, THE AI SYSTEM, AND ANY ASSOCIATED CONTENT. KAIRO CARE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY ACCOUNT OWNER, 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 THE SERVICE, INCLUDING VIEWING, PLAYING, OR DOWNLOADING ANY CONTENT 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 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 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.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF KAIRO CARE, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, VENDORS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS EXCEEDING THE AMOUNTS YOU PAID TO KAIRO CARE UNDER THIS AGREEMENT IN THE TWELVE MONTHS PRECEDING THE MOST RECENT EVENT LEADING TO THE LIABILITY.
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 LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You and Kairo Care agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Service; any validity, interpretation, breach, enforcement, or termination of these Terms of Use; or otherwise relating to Kairo Care in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section 14.
Pre-Arbitration Informal Resolution. You and Kairo Care agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and Kairo Care therefore agree that, before either demands arbitration against the other, you and Kairo Care will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any Covered Dispute Matter. Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Kairo Care that you intend to initiate an informal dispute resolution conference, send such notice to: [email protected]. The notice must be sent by email and include the same level of detail as is required by the Rules (defined below) for a demand for arbitration, as well as your full name, address (including street address, city, state, zip code, and country), email address (the one associated with your Account, if any), and primary telephone number. If you and Kairo Care are unable to resolve the Covered Disputer Matter within 60 days of when the notice is received, then the claimant may file a demand for arbitration. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this Section.
Applicable Law. You and we agree that these Terms of Use and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies to these Terms of Use and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings agreed to by you and us hereunder.
Arbitration. Any and all Covered Dispute Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its rules then in effect (“Rules”). In order to initiate arbitration following the conclusion of the informal dispute resolution process required above, a party must provide the other party with a written demand for arbitration and file the demand with the AAA. If you initiate arbitration against Kairo Care, you must send the written demand for arbitration to 440 North Barranca Ave, #3141, Covina, California 91723, U.S.A., via nationally recognized overnight carrier. Additionally, if you initiate arbitration against Kairo Care, you must send an electronic version of the demand for arbitration to the AAA, and you must send an electronic version of the as-filed demand to us at [email protected]. signing the demand for arbitration, a party’s counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement. You and we agree the arbitration will be conducted by a single arbitrator and that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You and we agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of this arbitration agreement is void or voidable or a particular claim is subject to arbitration. The arbitrator will apply the governing law set forth in these Terms of Use to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend these Terms of Use or grant any relief not permitted herein or beyond the relief permitted herein. For matters where the relief sought is over $5,000 USD, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitration shall take place in San Francisco, California, U.S.A.; however, desk, phone, or video conference proceedings may be utilized where appropriate and permitted to mitigate costs of travel. Payment of all filing, administration, arbitrator fees, and other costs of arbitration will be governed by the Rules, unless otherwise stated in this agreement to arbitrate. You and we agree that the arbitrator’s award shall be final and binding, and judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. The AAA’s Mass Arbitration Supplementary Rules (the “Supplement”) shall apply to any Mass Arbitration filed against Kairo Care. The term “Mass Arbitration” means 25 or more similar demands for arbitration filed against Kairo Care by individual claimants represented by either the same law firm or law firms acting in coordination. Within 60 days of the filing of a demand for arbitration that is part of a Mass Arbitration, the parties will initiate a global mediation of the Mass Arbitration. The mediator will be appointed by AAA unless the parties can agree on a mediator. The mediation shall take place concurrently with the arbitrations and shall not act as a stay of the arbitration proceedings, unless agreed to by the parties. The fees charged by the mediator and any administrative fees charged by AAA associated with the mediation, will be paid by Kairo Care.
Injunctive and Declaratory Relief. Except as provided below, the arbitrator shall determine all issues of liability on the merits of any claim asserted by you or us and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we have sought public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction, and not in arbitration, after the party seeking public injunctive relief has first prevailed in arbitration. The parties agree that the litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Exceptions to Arbitration. There are only two exceptions to this agreement to arbitrate: (a) first, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the Intellectual Property Rights of the other party, the party whose Intellectual Property Rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction; and (b) second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms of Use to the contrary, you and we agree that if we make any amendment to the arbitration clause in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Kairo Care prior to the effective date of the amendment. However, the amendment shall apply to all other Covered Dispute Matters governed by the arbitration clause that have arisen or may arise between you and Kairo Care. If you do not agree to the amended terms of the arbitration clause, you must notify us in writing at [email protected] within 30 days of our posting to the Service, or notification to you, of the amendment(s) to the arbitration clause, and you must immediately cease accessing and using the Service, in which case you will not be bound by such amendment(s); provided, however, that if you continue to access or use the Service despite sending us such a notice, that notice shall be deemed rescinded, and you shall be deemed to have agreed to such amendment(s).
Judicial Forum for Legal Disputes. Unless you and we agree otherwise and except for claims in small claims court, in the event that the agreement to arbitrate above is found not to apply to you or to a particular Covered Dispute Matter, either as a result of your decision to opt out of the agreement to arbitrate, or as a result of a decision by the arbitrator or a court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court presiding over San Francisco, California, U.S.A. You and we agree to submit to the exclusive personal jurisdiction and venue of the courts presiding over San Francisco, California, U.S.A. for the purpose of litigating all such claims or disputes.
YOU MAY OPT OUT OF ARBITRATION. IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO [email protected] (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME. In order to opt out, you must email your full name, address (including street address, city, state, zip code, and country), email address (the one associated with your Account, if any), primary telephone number, and an unaltered digital image of your valid driver’s license or other national, state, or provincial identification card to [email protected]. This procedure is the only way you can opt out of the arbitration clause. If you opt out of the agreement to arbitrate, all other parts of the arbitration clause and the remainder of these Terms of Use continue to apply to you. Opting out of the arbitration clause has no effect on any previous, other, or future arbitration agreements that you may have with us.
YOU WAIVE CERTAIN RIGHTS. BY AGREEING TO THIS ARBITRATION CLAUSE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (A) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (B) TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION (EXCEPT AS OTHERWISE SET FORTH HEREIN), OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT, AND (C) TO A TRIAL BY JURY. If a decision is issued stating that applicable law precludes enforcement of any of this Section’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought into a state or federal court presiding over San Francisco, California, U.S.A. All other claims shall be arbitrated.
STATUTE OF LIMITATIONS FOR YOUR CLAIMS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE SERVICE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
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 laws, including but not limited to export and import regulations. Notwithstanding the foregoing, Kairo Care retains all rights, including all Intellectual Property Rights, to the Service and the Content therein, throughout the world.
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.
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.
If you have any questions regarding this Agreement, please contact us at [email protected]. You may also contact us by writing to 440 N BARRANCA AVE #3141 COVINA, CA 91723, or by calling us at (628) 257-2742.
This privacy policy (“Policy”) describes how Kairo Care, Inc. (“Company”, “Kairo Care”, “we”, “us”) collects, uses, and shares personal information of consumer users of this website, http://www.scribblevet.com (the “Site”), including our mobile applications, as well as associated products and services (together with the Site, the “Services”), and applies to personal information that we collect through the Services as well as personal information you provide to us directly. This Policy also applies to any of our other websites and services that post this Policy. Please note that by using the Services, you accept the practices and policies described in this Policy and you consent that we will collect, use, and share your personal information as described below. If you do not agree to this Policy, please do not use the Services.
AI TRANSPARENCY. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO OR USE OF THE SITE AND SERVICES INVOLVES YOUR INTERACTION WITH ARTIFICIAL INTELLIGENCE TECHNOLOGY, INCLUDING THE COLLECTION, USE, AND SHARING OF YOUR PERSONAL INFORMATION THROUGH ARTIFICIAL INTELLIGENCE TECHNOLOGY, WHICH AUTONOMOUSLY OR PARTIALLY AUTONOMOUSLY PROCESSES YOUR PERSONAL INFORMATION THROUGH A GENETIC ALGORITHM, A NEURAL NETWORK, MACHINE LEARNING, LARGE LANGUAGE MODELS, OR OTHER TECHNIQUES IN ORDER TO GENERATE CONTENT OR MAKE DECISIONS, RECOMMENDATIONS, OR PREDICTIONS FOR YOU.
We collect personal information about you in a number of different ways:
Personal Information From Users Of Our Services. When you use our Services, we collect personal information that you provide to us, which may include the following categories of personal information depending on how you use our Services and communicate with us:
Information About Our Clients’ Customers. We provide cloud-based transcription services to veterinary medical practices to enable veterinary healthcare providers to record office visits with their customers and have those recordings transcribed. Our clients are veterinarians and veterinary hospitals. While we have a direct relationship with our clients and control our handling of their personal information, our relationship with customers of our clients is indirect and based on our relationship with our clients. This Privacy Policy does not cover personal information of our clients’ customers, which we handle as a processor/service provider, on our clients’ behalf. If you are a customer of one of our Clients and have a question about how your personal information is collected, used, or disclosed, please contact the Client directly.
Personal Information We Get From Others. We may lawfully collect personal information about you from other sources. We may add this to information we collect from our Services.
Information We Collect Automatically. We automatically log information about you and your computer, phone, tablet, or other devices you use to access the Services. For example, when visiting our Site or when using our mobile applications, we may log your computer or device identification number, operating system type, browser type, browser language, the websites you visit before and after browsing to our Site, pages you viewed on our Site, how long you spent on a page, access times, and information about your use of and actions on our Site or in our mobile applications. How much of this information we collect depends on the type and settings of the device you use to access the Services.
The technologies we use for this automatic data collection may include:
Cookies. We may log information using “cookies.” Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site.
Web Beacons. Pages of the Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related Site statistics (for example, recording the popularity of certain Site content and verifying system and server integrity).
Device Identifiers. When you access the Site by or through a mobile device (including but not limited to smart phones or tablets), we may access, collect, monitor, and/or remotely store one or more “device identifiers,” such as a universally unique identifier, which are small data files or similar data structures. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Website. Some features of the Website may not function properly if use or availability of device identifiers is impaired or disabled.
Additional Information. If you choose to interact on the Site or through the Services (such as by registering; using our Services; entering into agreements with us; or requesting information from us), we will collect the personal information that you provide. We may collect personal information about you that you provide through telephone, email, or other communications. If you provide us with personal information regarding another individual, please do not do so unless you have that person’s consent to give us their personal information.
Generally, we may use your personal information in the following ways and as otherwise described in this Policy or to you at the time we collect the personal information from you:
To Provide the Services and Personalize Your Experience. We use personal information about you to provide the Services to you, including:
Changes. We use your personal information to notify you about changes to any Services.
Research and Development. We may use your general identifiers, online identifiers, internet activity information and commercial information for research and development purposes, including to analyze and improve the Services and our business. We may also use portions of recordings submitted to the Services by our Clients to train our AI models in order to improve the services. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes.
Creating Anonymous/Deidentified Data. As part of our analytics, we may create aggregated, de-identified, or other anonymous data from your personal information we collect. We make your personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes as permitted by law.
Company Operations. We may use your personal information for our day-to-day operations, including for employment and administrative purposes, to evaluate potential candidates for employment, and for security, facilities access, company systems, compliance, and database use.
Marketing. We may use your personal information in connection with sending you marketing communications, including by mail and email, in each case as permitted by law. You may opt out of marketing communications from us and/or our third-party advertisers by following the unsubscribe instructions in the marketing communications or by emailing us at [email protected], as applicable.
Compliance and protection. We may use any of the categories of personal information described above to:
We may also use personal information for other purposes consistent with this Privacy Policy or that are explained to you at the time of collection of your personal information.
With Your Consent. If you provide us with consent or instruct us to share your personal information with a third party, we may do so. We will not share such information with third parties without your express consent or instruction.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose all categories of personal information described above with the following categories of third parties:
Affiliates. We may share your personal information with our affiliates that operate shared infrastructure, systems, and technology or otherwise for purposes consistent with this Policy.
Third Party Service Providers. We may provide your personal information to third party service providers that help us provide you with the Services and to operate our business, such as website and app hosting, data analysis, payment processing, support platform (for example, providers that power our in-app chat and AI support bot), provision of payment discounts (including providing your personal information to group purchasing organizations that help facilitate such discounts for you) order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services.
Professional Advisors. We may provide your personal information to our lawyers, accountants, bankers and other outside professional advisors in the course of the services they provide to us.
Corporate Restructuring. We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving the sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires Kairo Care, our business, or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information described in this Privacy Policy.
Other Disclosures. We may disclose your personal information if we believe in good faith that such disclosure is necessary for any of the following:
We may also share personal information with other categories of third parties with your consent or as described to you at the time of collection of your personal information.
We do not sell your personal information.
Third Party Websites. Our Services may contain links to third-party websites or services. When you click on a link to any other website or location, you will leave our Services and go to another website, and another entity may collect your personal information from you. We have no control over, do not review, and cannot be responsible for these outside websites or their content, or any collection of your personal information after you click on links to such outside websites. The links to third-party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content, websites or privacy practices.
You have several choices regarding the use of your personal information on the Site and our Services:
Email Communications. We may periodically send you free newsletters and e-mails that directly promote the use of our Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you Service-related communications, including notices of any updates to our Privacy Policy or terms of service/terms of use.
Cookies. If you decide at any time that you no longer wish to accept cookies from our Site for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services. If you have any questions about how to disable or modify cookies, visit https://www.allaboutcookies.org/.
Accessing and Correcting Your Information.
You may send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. If we delete your personal information, we may also have to delete your user account, if any, and your transcriptions, and we are not responsible for any loss of data as a result. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Residents of certain states, such as California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Maryland, Minnesota, Montana, Nebraska, New Jersey, New Hampshire, Oregon, Tennessee, Texas, Utah, and Virginia may have additional personal information rights and choices. If you believe that you are entitled to those rights and choices under this Privacy Policy, please email us at [email protected].
Kairo Care is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. No method of transmission over the internet, or method of electronic storage, is 100% secure, however. Therefore, while we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security.
Please note that our Services are provided in the United States. As such, they are governed by the laws of the United States. If you use our Services, your personal information will be subject to United States law and processed in the United States or in other countries.
The information provided in this “Notice to European Users” section applies only to individuals in Europe, including the United Kingdom and Switzerland.
Personal information. References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.
Controller. We are the controller of your personal information covered by this Privacy Policy for the purposes of European data protection legislation, except to the extent that we process your personal information on behalf of our customer, including personal information that we process on behalf of our Clients, in which case our customer is the controller of your personal information, and we are the processor.
We have appointed a Data Protection Officer, whose contact information is: Rohan Relan, Kairo Care, Inc., 440 N Barranca Ave. #3141 Covina, CA 91723, [email protected].
Legal bases for processing. We use your personal information only as permitted by law. Our legal bases for processing the personal information described in this Privacy Policy are described in the table below.
Processing Purpose | Legal basis |
To operate the Services | Processing is necessary to perform the contract governing our provision of the Services or to take steps that you request prior to signing up for the Services. If we have not entered into a contract with you, we process your personal information based on our legitimate interest in providing the Services you access and request. |
To personalize the Sites and the Services To improve content and functionality of the Sites and Services To promote the Services To provide Service-related communications To provide security For compliance, fraud prevention and safety To create anonymous data | These activities constitute our legitimate interests. We do not use your personal information for these activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise permitted to by law). |
To comply with law | Processing is necessary to comply with our legal obligations. |
With your consent | Processing is based on your consent. Where we rely on your consent you have the right to withdraw it at any time in the manner indicated when you consent or in the Services. |
Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy, where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.
Sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services, or otherwise to us.
If you provide us with any sensitive personal information when you use the Services, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through the Services.
Automated Decision-Making and Profiling. We do not use automated decision-making and/or profiling in regard to your personal information in connection with the Services.
Retention. We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
When we no longer require the personal information we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If we anonymize your personal information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.
Your rights.
European data protection laws give you certain rights regarding your personal information. If you are located within the European Economic Area or Switzerland, you may ask us to take the following actions in relation to your personal information that we hold:
You may submit these requests by email to [email protected] or our postal address provided below. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.
Cross-Border Data Transfer.
If we transfer your personal information out of Europe to a country not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be performed:
You may contact us at [email protected] or via our contact information below if you want further information on the specific mechanism used by us when transferring your personal information out of Europe.
The information provided in this “Notice to Canadian Users” section applies only to individuals in Canada. Individuals located in Canada have certain rights pursuant to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and any applicable substantially similar provincial legislation (“Canadian data protection legislation”).
Personal information. References to “personal information” in this Privacy Policy are equivalent to “personal information” governed by Canadian data protection legislation.
Consent.
By using the Services and providing personal information to us, you are consenting to the collection, use and disclosure of your personal information as described in this Privacy Policy. If you do not consent to the processing of your personal information in accordance with this Privacy Policy, please do not access or continue to use the Services or otherwise provide any personal information to us.
Your rights.
You have certain rights with respect to your personal information under Canadian data protection legislation. Subject to certain exceptions and limitations, and depending upon the province where you reside, such rights may include:
Automated Decision-Making. We do not use automated decision-making in regard to your personal information in connection with the Services.
Complaints.
The Office of the Privacy Commissioner of Canada (Commissariat à la protection de la vie privée du Canada) advises individuals to file an objection or challenge with the relevant company before lodging a formal complaint with a regulatory authority. If you are dissatisfied with our response to an objection or inquiry, or you if wish to file a complaint with a regulatory authority first, you may file a complaint with the Office of the Privacy Commissioner of Canada. Depending upon the province where you live, you may also (or instead) have the right to file a complaint with the applicable provincial privacy commissioner/regulator.
Information about Kairo Care
This Privacy Policy protects all the personal information that we collect and helps ensure that personal information is handled properly, including in accordance with the Australian Privacy Act and the New Zealand Privacy Act 2020. The below statements, together with the statements in the remainder of the Privacy Policy, explain our practices for personal information subject to the Australian Privacy Principles (the “APPs”) and the New Zealand Information Privacy Principles (the “IPPs”).
The Purposes for Collecting Personal Information
In addition to the purposes for collecting your personal information that we have set forth above in the How We Use Your Personal Information section, we will collect your personal information for purposes as permitted by the APPs or the IPPs (as applicable), such as when the use or disclosure is needed to protect you, us or others from threats (such as security threats or fraud) or cheating, and to comply with the laws that are applicable to us around the world.
Whether Collection of your Personal Information is Required by Law
In most cases, you are not required by law to provide any personal information to Kairo Care. You are required to provide certain personal information to enable us to provide you with the Services. We indicate which data elements are required for the provision of the Services. If you do not provide these data elements, we cannot provide the Services to you.
Exercising your Privacy Rights – ANZ Opt Out
In addition to the rights described throughout this Privacy Policy, you may elect not to receive future communications from us by sending an e-mail stating your wishes to [email protected] or by following the unsubscribe link in any of such communications. We will respond to your privacy rights requests in accordance with applicable law.
Cross-border Disclosures from Australia
We may generally disclose your personal information to our affiliates and service providers and others, and these entities may be located outside of Australia. We take reasonable steps to ensure that any overseas recipient complies with the APPs with respect to your personal information and remain accountable to you for compliance in accordance with APP 8.
Cross-border Disclosures from New Zealand
We may generally disclose your personal information to our affiliates and service providers and others, and these entities may be located outside of New Zealand. We only make cross-border disclosures of your personal information to those entities that are: (i) subject to the Privacy Act 2020, (ii) subject to a privacy law that provides a comparable level of protection, (iii) is contractually obligated to protect the information appropriately, using model contracts, or (iv) where the disclosure is otherwise permitted by IPP 12.
Complaints
Australian Residents: If you believe that we have violated any of the Australian Privacy Principles, you can contact us here: Contact Us. We will investigate your complaint and try to resolve any issue to your satisfaction. If we do not adequately answer your concerns, you will have the right to make a complaint in writing to the Office of the Australian Information Commissioner, https://www.oaic.gov.au/.
New Zealand Residents: If you believe that we have violated the Privacy Act 2020, you can contact us here: Contact Us. We will investigate your complaint and try to resolve any issue to your satisfaction. If we do not adequately answer your concerns, you will have the right to make a complaint in writing to the Office of the Privacy Commissioner, https://www.privacy.org.nz/
Our Services are not intended for children under 18 years of age, and you must be at least 18 years old to have our permission to use the Services. We do not knowingly collect, use, or disclose personally identifiable information from children under the age of 13. If you believe that we have collected, used, or disclosed personally identifiable information of a child under the age of 13, please contact us using the contact information below so that we can take appropriate action.
Residents of certain jurisdictions under 13, 16, or 18 years of age may have additional rights regarding the collection and use of their personal information.
We currently do not support the Do Not Track browser setting or respond to Do Not Track signals. Do Not Track (or DNT) is a preference you can set in your browser to let the websites you visit know that you do not want them collecting certain information about you. For more details about Do Not Track, including how to enable or disable this preference, visit http://www.allaboutdnt.com.
We reserve the right to change this Privacy Policy at any time. If we make any material changes to this Privacy Policy, we will post the revised version to our website and update the “Effective Date” at the top of this Privacy Policy. Except as otherwise indicated, any changes will become effective when we post the revised Privacy Policy on our website.
Our contact information is as follows:
Kairo Care, Inc.
440 N BARRANCA AVE #3141
COVINA, CA 91723
Telephone: (628) 257-2742
Email: [email protected]