Legal Archive

Instinct Terms of Use (2025)

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.

  1. General Disclaimer
    Our veterinary software is used as a documentation tool. As such, the software does not provide diagnosis, practice guidelines, advice, or protocols for delivering patient care. It does not provide or constitute medical advice or a substitute for medical knowledge or judgment, all of which will be your sole responsibility. The software can produce errors or incomplete/incorrect data. As such, you are solely responsible for your professional services. Even though you use our software, you are solely responsible for all aspects of the medical, diagnostic, therapeutic, and related professional services you deliver. All use of Instinct Software is at your own risk.

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.

  1. Accessing Instinct Software
    Subject to your compliance with these Terms of Use and upon all receipt of all applicable fees, Instinct grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Instinct Software, as well as the images, graphics, text, data, information, and other works of authorship that are made available to you via the Instinct Software (collectively “Content”) solely for your internal use. You acknowledge and agree that you will not reproduce, duplicate, copy, sell, or resell Instinct Software, Content, or any features or other material contained in the Instinct Software.
  2. Your Responsibilities
    You remain solely responsible for your patient information (even if it is produced or stored by our software), patient care requirements, legal or regulatory requirements, and all aspects of delivering care. The software may fail to function, become inoperative or inaccessible, produce errors, or lose, compromise, corrupt, or inaccurately report your data. The software may experience a security intrusion or data breach. You are responsible for saving and backing up your data, and you should do so regularly. You may access and use the software only through the username and/or password/PIN we provide. You are responsible for any use of, and activities that occur under, your accounts or password, whether or not you authorized them.
  3. Waiver of Claims
    You waive and release all liabilities, losses, claims, demands, disputes, damages, and costs of any kind, including reasonable attorneys’ fees and costs of litigation (“Damages”) against Instinct, including any mental or bodily harm, injury, death, or loss or damage to property, however it may occur, that arise out of your use of Instinct Software.
  4. Disclaimer of Warranties
    INSTINCT SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT INSTINCT SOFTWARE MAY MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INSTINCT SOFTWARE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY REVIEW POSTED ON OR INFORMATION OBTAINED THROUGH INSTINCT SOFTWARE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF INSTINCT SOFTWARE IS USED AT YOUR OWN RISK AND THAT YOU MAY BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
  5. Indemnification
    You agree to indemnify and hold harmless Instinct and any of its subsidiaries, employees, owners, investors, directors, agents, representatives, or affiliates (collectively “Instinct Affiliates”), from and against any and all Damages, resulting from or in any way connected with your use of Instinct Software, your violation of these Terms of Use, or any of your acts or omissions.
  6. Limitation of Liability
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL INSTINCT OR INSTINCT AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, RESULTING FROM THE USE OF INSTINCT SOFTWARE, ANY PRODUCT OR INFORMATION MADE AVAILABLE THROUGH INSTINCT SOFTWARE (OR ANY ACCESS TO OR DISCLOSURE THEREOF), OR ANY OTHER MATTER RELATING TO INSTINCT. YOU HEREBY WAIVE AND RELEASE ALL RIGHTS RELATING TO THE FOREGOING. THESE LIMITATIONS MAY APPLY WHETHER OR NOT YOU OR INSTINCT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  7. Your account
  • You may not create multiple accounts or an account for someone other than yourself, transfer your account, solicit login information, or access an account belonging to someone else.
  • If we disable or terminate your account, you may not create another one without our permission.
  • You may not share your username or password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality and privacy of your account information. You are also solely responsible for all activity on your account, including all purchases made or content provided through your account (with or without your knowledge or consent).
  • Our Privacy Policy governs personal information that you submit to us.
  • It is critical that you keep your account access information private and not share it with anyone. If you lose your access credentials or feel like they have been stolen or made public, please change them immediately.
  1. User Etiquette
    You agree to comply with all requirements and prohibitions outlined in the Acceptable Use Policy. You may not facilitate or encourage any violations of this Terms of Use. You will promptly report any violation of the Terms of Use to Instinct.
  2. Instinct Privacy Policy
    The Instinct Privacy Policy outlines how Instinct collects and uses information in connection with providing Instinct Software. The Instinct Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through Instinct Software, you acknowledge that you have reviewed and accepted the Instinct Privacy Policy and consent to all actions taken by Instinct concerning your information in compliance with the then-current version of the Instinct Privacy Policy.
  3. Content you Provide
  • You hereby sell, transfer, and assign to us your entire right, title, and interest in and to all trademarks, trade secrets, inventions, improvements, ideas, or copyrightable works, including all rights to obtain, register, perfect, and enforce these proprietary interests, which relate to Instinct. Whether during your membership or thereafter, you will execute and deliver such formal transfers, assignments, and other documents as we may reasonably require.
  • You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about Instinct you provide are non-confidential and shall become the sole property of Instinct. We will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  • You may not access Instinct Software or collect users’ content or information using automated means (such as harvesting bots, robots, spiders, or scrapers).
  • You may not upload viruses or other malicious code.
  • You may not do anything that could disable, overburden, or impair the proper working of Instinct Software, such as a denial of service attack.
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  1. Termination by Instinct
    If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for us, or take any action or omission that we reasonably deem inappropriate in our sole discretion, we can suspend your access to or use of Instinct Software or terminate your account. We may use any means to identify violations of this Terms of Use.
  2. Modifications to Terms of Use
    We may change these Terms of Use from time to time in our sole discretion and post any such changes on Instinct Software. Notices of these changes may be posted in Instinct Software. Your continued use of Instinct Software following the posting of changes constitutes your acceptance of any such changes.
  3. Modification or Suspension of Instinct Software
    You agree that we may, in our sole discretion, and at any time, modify, discontinue, or suspend its operation of Instinct Software, or any part of Instinct Software, temporarily or permanently, without notice to you, and you agree that we will not be liable for any consequences of doing so.
  4. Electronic Communications
    When you communicate with us via email or Instinct Software, you communicate with us electronically. You agree that we may communicate electronically. Such communications are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
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    16. Compliance with Laws
    You agree to comply with all applicable laws, statutes, rules, and regulations regarding your use of Instinct Software, including intellectual property and privacy laws.
  5. Instinct Intellectual Property Rights
    You acknowledge that content available through Instinct Software, including text, graphics, software, music, sound, photographs, and videos, is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws. Except as otherwise noted, all content posted on Instinct Software is copyright protected and owned by Instinct. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on Instinct Software or any content available through Instinct Software. You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from Instinct Software in any way, for any public or commercial use or provide it to any commercial source, including other websites, regardless of whether or not you receive compensation, without the express, prior our written permission.You may not frame any trademark, logo, or other proprietary information on Instinct Software, without our express, prior written consent, and you may not remove or obscure the copyright notice or other notices displayed on the content. Nothing contained in these Terms of Use or on Instinct Software shall be construed as conferring any license or right, expressly, by implication, by estoppel, or otherwise. Any rights not expressly granted in these Terms of Use are reserved.
  6. Trademarks and Logos
    The trademarks, logos, service marks, names, and tag lines, including “Instinct”, displayed on Instinct Software (collectively the “Marks”) identify Instinct’s products and services, and inform the public that we are the source of those products and services. Nothing on Instinct Software should be construed as granting any right or license to use any Mark. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:
  • To identify materials or services that are not Instinct materials or services;
  • In, as, or part of your own trademarks or service marks;
  • In a manner likely to cause confusion;
  • In a manner that implies inaccurately that Instinct sponsors, endorses, or is otherwise connected with you, your products, services, or other activities; o
  • In a manner that disparages Instinct or dilutes the Marks.

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.
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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.

  1. Dispute Resolution
  • 20.1 Mandatory Arbitration of Disputes. THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS YOU MAY HAVE AGAINST US OR THAT RELATE IN ANY WAY TO OR ARISE OUT OF THESE TERMS OF USE OR YOUR USE OF INSTINCT SOFTWARE SHALL BE FINAL AND BINDING ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF INSTINCT SOFTWARE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.Notwithstanding the foregoing, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated these Terms of Use, then we acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Either you or we may demand that any dispute between you and us about or involving our services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Philadelphia, PA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.
  • 20.2 Opt Out. As limited exceptions to the section above: (i) you may seek to resolve a dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the misuse of Instinct Software or infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so at the contact address outlined in these Terms of Use.
  • 20.3 Exceptions. If the required arbitration provisions above are not enforced for any reason, any legal action or proceeding between us and you related to these Terms of Use or Instinct Software (including our privacy policy) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the state of Delaware, and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that this is an inconvenient forum.
  • 20.4 Changes to Arbitration Provision. If Instinct changes any of the terms of this section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you agree that you will arbitrate any Dispute between you and Instinct per the terms of this section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).
  1. Use of Instinct Software by Children
    Instinct Software is not intended for children under the age of 18, and as provided in the Terms of Use, you must be at least 18 to use Instinct Software. If you are under the age of 18, please do not attempt to register for Instinct Software or provide any information about yourself to us. If we learn that we have collected personal information from a child under the age of 18, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of 18, please contact us at [email protected].
  2. Order of Precedence
    If you enters into a separate written agreement with Instinct regarding access to and use of Instinct Software (a “Customer Agreement”), the terms of the Customer Agreement will govern your use of Instinct Software. If not, the complete agreement between you and Instinct includes these Terms of Use the Subscription Terms (if applicable), the Acceptable Use Policy, the Instinct Privacy Policy, and if using a mobile device to access Instinct Software, the End User License Agreement. In the event of conflict between any of these documents, the order of precedence in resolving such conflict is as follows: (i) Customer Agreement and/or order form (if applicable); (ii) Subscription Terms; (iii) Acceptable Use Policy; (iv) End User License Agreement; (v) Instinct Privacy Policy.
  3. Severability of Terms
    If any provision of these Terms of Use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in these Terms of Use shall continue in full force and effect.
  4. Who We Are
    Instinct Software websites and application platforms are owned and operated by Instinct Science Holdings, LLC and/or its subsidiaries. As used in these Terms of Use, “we”, “us” and “our” means and refers to Instinct Science, LLC. In these Terms of Use, “include” (and terms such as “includes” and “including”) shall not be construed as a term of limitation but shall be construed as if followed by the words “without limitation.”
  5. Contact Us
    If you have any questions or concerns about these Terms of Use or Instinct Software, you may contact Instinct at the address or email address listed below.

Instinct Science Holdings, LLC
1209 Orange Street
Wilmington, DE 19801
Email: [email protected]

 

ScribbleVet Terms of Use (December 2025)

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.

  1. Certain Definitions.

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.

  • “AI System” means Kairo Care’s proprietary technological system integrated into the Service that, autonomously or partly autonomously, processes data through the use of a genetic algorithm, a neural network, machine learning, large language models, and/or other techniques in order to generate content or make decisions, recommendations, or predictions.
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  • “Account” means an account through which an Account Owner or Member will access the Service.
  • “Account Owner” means the individual or entity who establishes one or more Accounts through the registration process provided by us for their own use (and, in the case of multiple Accounts, for the use of their Members).
  • “Intellectual Property Rights” means all rights in and to any copyrights, trademarks, service marks, trade dress, publicity, databases, and patents and all other intellectual property rights or proprietary rights recognized by law.
  • “Member” means anyone associated with the Account Owner who is granted access to use an Account with the authorization of the Account Owner.
  • “Personally Identifiable Information” or “PII” is “personal information,” as that term is defined in our Privacy Policy.
  • “Recording” means the recorded conversation between an Account Owner and/or Member and (i) a client during or relating to a veterinary appointment or other client interaction, and/or (ii) another Account Owner and/or Member (including other staff of the Account Owner) relating to client care, medical decision-making, documentation, scheduling, workflow, or other practice operations.
  • “Software” is the software, if any, provided to you by Kairo Care and/or its licensors with respect to which you have access in connection with the Service.
  • “Transcription” means a written record of the Recording made by Kairo Care as a result of a User’s use of the Service.
  • “User Data” means any Recording, data, text, images, photos, video, sounds, musical works, works of authorship, materials and other information that you or your Users upload, stream, link, submit or otherwise make available in connection with or through the Service, including but not limited to, Personally Identifiable Information.
  • “User(s)” means the Account Owner(s), Members, and/or their clients.
  1. Use of Our Service.
  • Overview. The Service includes your ability to (a) generate a Recording using our application and receive back a Transcription; (b) receive AI-generated drafts of clinical documentation (including notes, summaries, treatment plans, and discharge instructions); (c ) generate client-facing communications (including updates, follow-ups, reminders, and educational materials); and (d) view, edit, store, and share such Transcriptions and generated content within your practice. Kairo Care grants you permission to use the Service as set forth in this Agreement.
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  • Compliance and Risks. Whether on behalf of yourself, any User, or any other third party: (i) you will not copy, distribute, reproduce, publish, create derivative works of, or disclose any part of the Service (including Our Content) in any medium; (ii) you will not alter or modify any part of the Service; (iii) you acknowledge, accept and agree that there are certain health and safety risks involved in utilizing Our Content and that you accept such risks; and (iv) you will otherwise comply with the terms and conditions of this Agreement.
  • Eligibility. Use of the Service is void where prohibited. This Service is intended solely for Users who are twenty-one (21) years of age or older, and any registration, use or access to the Service by anyone under 21 is unauthorized, unlicensed, and in violation of this Agreement. Kairo Care may terminate your Account, delete any User Data that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including, without limitation, if it believes that you are under 21. You further agree that as a condition to accessing the Service, you will provide only true and accurate identification documentation to us or our third-party service providers.
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  • Accounts. Before using certain portions of the Service, you may be required to establish one or more Accounts for each Member. Approval of your request to establish Accounts will be at our sole discretion. Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. You may not distribute or transfer your Accounts or Account ID or provide a third party with the right to access your Accounts or Account IDs. You are solely responsible for all use of the Service through your Accounts, including any use by any of your Users. Any activities completed through your Account or under your Account IDs will be deemed to have been done by you. You will not: (a) select or use an Account ID of another unrelated party with the intent to impersonate that party; or (b) use an Account ID that we, in our sole discretion, deem offensive. In addition to all other rights available to us, including those set forth in these Terms of Use, we reserve the right to terminate your Accounts or refuse service to you in the event that you breach the preceding sentence or any other provision of these Terms of Use. You are responsible for the security of any of your Accounts and Account IDs, and you will notify us immediately if any Account ID is lost, stolen, or otherwise compromised.
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  • AI. You acknowledge and agree that your and your Users’ use of the Service includes the use of, and interaction with, our AI System. We will mark the outputs of our AI System in a machine-readable format so that they are detectable as artificially generated. Additionally, we will strive to ensure our AI System is effective, interoperable, robust, and reliable as far as this is technically feasible, taking into account the specificities and limitations of User Data, the costs of implementation, and the generally acknowledged state of the art for artificial intelligence.
  1. Fees and Billing.

As an Account Owner, you acknowledge that it is your responsibility to ensure payment in advance for all paid aspects of the Service (including, but not limited to, use of the Service by your Members and/or on each of your Accounts), and to ensure that your credit or debit cards or other payment instruments accepted by us and/or our processor, including Stripe, continue to be valid and sufficient for such purposes. 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.

  1. Payment and Billing Services.

In order to use payment processing services and the billing services, you may have to agree to certain terms from our third-party payment processor, and your use of the Service will 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.

  1. Recording and Transcriptions; User Data and User Data Responsibility.
  • Recording and Transcription. You acknowledge and agree that you are solely responsible for your use of the Service in compliance with all applicable laws, including but not limited to communication recording laws, which generally require an announcement that a recording is being made and the purpose for the recording, at the beginning of the recording, and the opportunity for the other party to consent or to end the conversation. You will ensure that proper consent to record a Recording is obtained prior to making or uploading to the Service any such Recording. We recommend that you always secure consent before recording. You hereby represent and warrant that: (a) your use of the Services will comply with all laws in all applicable jurisdictions; (b) you will provide all required notices, and obtain all required consents, that relates to your collection, disclosure and use of the User Data (such as PII), including, without limitation, use of the User Data in any Recordings; and (c )the User Data and Kairo Care’s use thereof, including, without limitation, any Recordings, as contemplated by this Agreement will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, and will not require Kairo Caro to compensate any persons as a result of the use thereof. You acknowledge and agree that you are solely responsible for the accuracy of any Transcription. You acknowledge and agree that you will review each Transcription to ensure its accuracy and completeness.
  • User Data License. In connection with User Data you upload or submit to, or which is created by, the Service, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize us to use, retain, copy, and process the User Data in the Service and as contemplated by this Agreement. You agree that by uploading or submitting any User Data to or through the Service, you hereby automatically at such time grant Kairo Care (and its affiliates) a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to (a) reproduce, distribute, transmit, modify, adapt, publish, translate, prepare derivative works of, perform, display, and otherwise use User Data, and (b) incorporate your User Data into any form, medium, or technology, now known or hereafter developed, throughout the world (including User Data that is created, collected, or generated by the Service or Kairo Care using the User Data you submit), in each case, for the purposes of providing the Service and as contemplated by this Agreement. You further agree that the license includes the right (i) to copy, analyze, and use any of Your User Data as Kairo Care may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service, future improvements to the Service, and future products and/or services which may be developed by Kairo Care; and (ii) if you receive a discount on the subscription fees to use the Service through a group purchasing organization (“GPO”), to share User Data with the GPO from which you receive your discount at the level of the individual Account Holder and their Members related to each one’s subscription fees and subscription duration. You further irrevocably waive, and shall cause any applicable Users to waive, any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Data that you or they may have under any applicable law or under any legal theory.
  • Responsibility for User Data. You acknowledge that you are responsible for all information and User Data you and those who are under the Account (including without limitation clients, patients and Members) input into the Service. Kairo Care takes no responsibility and assumes no liability for any User Data that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Data that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. In the event of termination of this Agreement, whether by your cancellation of this Agreement, your breach of this Agreement, or as otherwise provided in this Agreement, if You would like to retrieve your User Data contained within the Service, please make such a request by contacting [email protected] prior to the Account termination date. It is your sole responsibility to timely make such a request before the Account termination date and to ensure the secure preservation of User Data (including PII) for your clients and patients pursuant to federal and state law. Please note that if you are using the Service as a Member, you may not be able to access or retrieve User Data without the permission of the Account Owner.
      
  • Storage of User Data. You acknowledge and agree that Kairo Care may refuse to store, provide, or otherwise maintain your User Data for any or no reason. If User Data is stored on the Service with an expiration date, we may also delete the User Data as of that date.  User Data that is deleted may be irretrievable.  You agree that Kairo Care has no responsibility or liability for the deletion or failure to store any User Data or other communications maintained or transmitted through use of the Service.
  • Our Use of PII. Our Privacy Policy describes how we use and share your PII. Click here to view our Privacy Policy. By using the Service, you are consenting to have your PII transferred to and processed in the United States. We will not retain, use or disclose the PII You provide to us except for the specific purpose of performing our obligations under these Terms of Use or for the limited purposes stated in our Privacy Policy, including providing and improving the Service or developing new products and/or services under these Terms of Use. It is your responsibility to comply with all applicable privacy and data protection laws with respect to PII that you disclose to us.
  1. Restrictions While Using the Service.

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

  • Post, display or transmit information or data or User Data, including the unauthorized use of any payment method, that violates any law, regulation or rule, or the rights of any third party including without limitation Intellectual Property Rights;
  • Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Service or interests or rights of other Users, or that may harvest or collect any data or personally identifiable information about other Users without their consent;
  • Post or transmit any information or data or User Data that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
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  • ‍Express or imply that we endorse any statement that you make or any product or service that you make available;
  • Use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the Kairo Care servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; or
  • Attempt to gain unauthorized access to any other User’s Account, password or User Data, or allow more than one person to use an Account.

You agree that You and your Members and Users will not upload, publish, or submit to any part of the Service any User Data that is protected by Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless You, the appropriate Member or Users are the owner of such rights or have permission from the rightful owner to upload or submit the User Data and to grant Kairo Care all of the rights for Kairo Care to use such User Data to provide the Service as required by this Agreement.

  1. Term and Termination.

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.

  1. License Grant.

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).

  1. Proprietary Rights.
  • Intellectual Property Rights. Kairo Care and its licensors retain all right, title and interest, including all Intellectual Property Rights, in and to the Software, Service and the Content.
  • Content. Except for your User Data, the Service and its materials, including, without limitation, Transcriptions, software, images, text, graphics, illustrations, logos, photographs, audio, videos and music (the “Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Kairo Care and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Use of the Content, User Data or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. You are solely responsible for verifying the accuracy, completeness, and applicability of all the Content and for your use of any of the Content. You will not, and will not permit any User or other third party to alter, obscure or remove any copyright, trademark, or any other notices that are provided on or in connection with any of the Content.
  • Ideas and Comments. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Kairo Care under any fiduciary or other obligation. We are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Kairo Care does not waive any rights to use similar or related ideas previously known to Kairo Care, or developed by its employees, or obtained from sources other than you.
  • Trademarks. “Kairo Care”, “ScribbleVet” and other Service graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Kairo Care, Inc., a Delaware corporation, and/or its licensors and affiliates. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kairo Care. All other trademarks not owned by Kairo Care that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kairo Care.
  1. Third Party Materials. 

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

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

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

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:

  • Notwithstanding any provision of the Terms of Use to the contrary, (i) Kairo Care makes no representations or warranties with respect to the Third-Party Services, (ii) use of any Third-Party Services is at your own risk, and (iii) Kairo Care shall have no liability to you with respect to the Third-Party Services or any actions or claims by Third-Party Service Providers. You understand and acknowledge that access to the Third-Party Services are subject to the separate terms and conditions of Third-Party Service Providers, with which you agree to comply, and that access to the Third-Party Integrations may be suspended or terminated (temporarily or permanently), with or without notice, if such integrations cease to be supported by the applicable Third-Party Service Provider or for other reasons. Kairo Care shall have no liability to you based on the suspension or termination of access to the Third-Party Integrations.
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  • A Third-Party Integration may enable Kairo Care to access data stored or made available by you to the Third-Party Service Provider as part of the Third-Party Services (“Customer Third-Party Services Data”). Customer Third-Party Services Data may include, without limitation, your personal data and other sensitive information. A Third-Party Integration may also enable Kairo Care to provide your User Data to the Third-Party Services via the Third-Party Integrations. If you choose to access a Third-Party Integration, you acknowledge, agree, and authorize Kairo Care to: (i) integrate with and access the applicable Third-Party Services; (ii) to use, retrieve, and store the Customer Third-Party Services Data in connection with the provision of the Service to you; and (iii) provide your User Data to the Third-Party Services in connection with the provision of the Service to you. You hereby grant to Kairo Care all rights, consents and licenses in and to the Customer Third-Party Services Data (including permission to access and integrate with the applicable Third-Party Services on your and your Users’ behalf) required for Kairo Care and its subcontractors to access, use, and store the Customer Third-Party Services Data and for Kairo Care to provide your User Data to the Third-Party Services, in each case in connection with the Services and as described in this Agreement. You represent and warrant that you have all permissions necessary to grant the rights, consents, and licenses set forth herein. The Customer Third-Party Services Data shall be deemed and be subject to the same rights and restrictions applicable to your User Data for all purposes under our Terms of Use.
  1. Indemnity.

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.

  1. No Warranty.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, KAIRO CARE, ITS 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.

  1. Limitation of Liability.

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.

  1. Disputes.

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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.

  1. Availability and Use Outside of the United States.

The Service is controlled, offered and operated from facilities in the United States. Kairo Care makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local 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.

  1. Notification Procedures.

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

  1. Export Controls. 

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

  1. General.
  • Entire Agreement. This Agreement, together with any other legal notices and agreements published by Kairo Care via the Service, shall constitute the entire agreement between you and Kairo Care concerning the Service.
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  • No Waiver. The Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
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  • Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
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  • Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kairo Care without restriction.
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  • Severability. If any provision of this Agreement is unlawful, void or unenforceable by a court of competent jurisdiction, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
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  • Communications. If you give us permission to contact you, we or our agents (both human and bot) may call or email you at the telephone number and/or email address that you provide to us or chat with you in a pop-up message thread on the Service. You further agree that we may, for training purposes or to evaluate the quality of our customer service, (1) listen to and record phone conversations you have with us or our agents regarding customer service issues, and (2) maintain copies of the chats you have with our human and bot agents in pop-up message threads on the Service.
  • The following terms apply when you download the Mobile App from a third-party store or library provider (each, a “Mobile App Store Provider”), including the Apple App Store or the Google Play Store: 
    • You acknowledge that this Agreement is entered into between you and Kairo Care and, that no Mobile App Store Provider is a party to this Agreement other than as third-party beneficiary as contemplated below.
    • You are granted a non-transferable license to use the Mobile App on a device branded by the Mobile App Store Provider, which is owned or controlled by you and only as otherwise permitted in any the usage rules set forth by the Mobile App Store Provider (and no provision of this Agreement shall be deemed to be in conflict with any such usage rules). However, the Mobile App may also be accessed and used on other devices if accessed and used via a family sharing plan or volume purchasing program.
    • You acknowledge that Kairo Care, and no Mobile App Store Provider, is responsible for providing the Service.
    • You acknowledge that Kairo Care, and no Mobile App Store Provider, has the obligation to furnish all maintenance and support services to you with respect to the Service.
    • To the maximum extent not prohibited by applicable law, no Mobile App Store Provider will have any warranty obligation whatsoever with respect to the Service except that if we breach any warranty (if any) that we have made to you regarding the Service, the Mobile App Store Provider may refund to you certain fees that it has collected (if any) related to your download or use of the Mobile App. All other claims, losses, liabilities, damages, costs or expenses attributable to the Mobile App’s failure to conform to any warranty that we have made to you (if any) will be our sole responsibility.
    • Subject to the terms and conditions of this Agreement, including any limitations of liability, you acknowledge that, solely as between any Mobile App Store Provider and Kairo Care, Kairo Care is responsible for addressing any claims you or any third party may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
    • Further, subject to the terms and conditions of this Agreement, including any limitations of liability, you agree that in the event of a third-party claim that the Service, or your possession and use of the Service, infringes on a third-party’s Intellectual Property Rights, we, and no Mobile App Store Provider, shall be solely responsible for the investigation, defense, settlement and discharge of any such Intellectual Property Rights infringement claim.
    • Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.

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.

 

ScribbleVet Privacy Policy (December 2025)

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.

  1. Personal Information We Collect And How We Collect It
  2. How We Use Your Personal Information
  3. How We Share Your Personal Information
  4. Your Choices Regarding Your Personal Information
  5. Security Of Your Personal Information
  6. International Users
  7. Notice to European Users
  8. Notice to Canadian Users
  9. Notice to Australian and New Zealand Users
  10. Children
  11. Do Not Track
  12. Updates To This Privacy Policy
  13. Contact Us

1. Personal Information We Collect And How We Collect It

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:

  • General identifiers, such as your full name, home or work address, zip code, telephone number, email address, job title and organizational affiliation.
  • Online identifiers, such as your username and passwords for any of our Services, or information we automatically collect through cookies and similar technologies used on our Sites. This may include your computer or mobile device’s operating system type and version number, manufacturer and model, browser type, screen resolution, internet protocol (IP) address, unique identifier, the websites you visited before and after browsing to our Site, and general location information such as city, state or geographic area.
  • Protected classification characteristics, such as any information that you choose to provide to us or that we collect in connection with providing our Services to you, including age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, physical or mental disability, sex, sexual orientation, or veteran or military status.
  • Commercial information, such as the billing details we use to bill you for our Services, your billing and payment history, and any records of personal property that we collect in connection with providing our Services to you. We also collect information about your preferences regarding marketing communications.
  • Audio, electronic, and visual information that we collect in connection with providing our Services to you, such as transcriptions and audio recordings of communications that you make with our Services.
  • Professional or employment-related information that we collect in connection with providing our Services to you, such as your job title, employer information and work history.
  • Support and chat content, such as messages, attachments, and other content you send to us via in-app chat, our AI support bot, email, or other support channels
  • Other information you provide to 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.

2. How We Use Your 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:

  • To help establish and verify your identity;
  • For the purposes for which you specifically provided it to us, including, without limitation, to enable us and our third-party service providers to process and fulfill your requests or provide the Services to you;
  • To provide you with effective customer service;
  • To provide you with a personalized experience when you use the Services or by delivering relevant content through the Services;
  • To send you information about your relationship or transactions with us and to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • To otherwise contact you with information that we believe will be of interest to you, including marketing and promotional communications; and
  • To enhance or develop features, products or services.

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:

  • Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
  • Protect our, your and others’ rights, privacy, safety and property (including by making and defending legal claims).
  • Audit our internal processes for compliance with legal and contractual requirements and internal policies.
  • Enforce the terms and conditions that govern the Site and our Services.
  • Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

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.

3. How We Share Your Personal Information

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:

  • In connection with any legal investigation;
  • To comply with relevant laws or to respond to subpoenas or warrants served on Kairo Care;
  • To protect or defend the rights or property of Kairo Care or users of the Services; and/or
  • To investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our terms of service/terms of use.

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.

4. Your Choices Regarding Your Personal Information

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].

5. Security Of Your Personal Information

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.

6. International Users

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.

7. Notice to European Users

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:

  • Access.  Provide you with information about our processing of your personal information and give you access to your personal information.
  • Correct.  Update or correct inaccuracies in your personal information. 
  • Delete.  Delete your personal information.
  • Transfer.  Transfer a machine-readable copy of your personal information to a third party of your choice.
  • Restrict.  Restrict processing of your personal information.
  • Object.  Object to our reliance on our legitimate interests as a legal basis of our processing of your personal information that impacts your rights.

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:

  • Pursuant to the recipient’s compliance with standard contractual clauses or Binding Corporate Rules;
  • Pursuant to the consent of the individual to whom the personal information pertains; or
  • As otherwise permitted by applicable European requirements.

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.

8. Notice to Canadian Users

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:

  • To withdraw consent.  The right to withdraw your consent to the collection, use or disclosure of your personal information.
  • To be informed.  The right to be informed of the existence, use, and disclosure of your personal information, and to be provided with an account of the use that has been made or is being made of this information as well as the third parties to which it has been disclosed (including a list of organizations to which your information may have disclosed).
  • To correct.  The right to challenge the accuracy and completeness of your personal information, and have it amended, updated or rectified as appropriate.
  • To challenge.  The right to challenge our compliance with the applicable Canadian data protection legislation.
  • To be forgotten.  The right to restrict the dissemination of your personal information in certain circumstances if such dissemination contravenes a law or court order or otherwise causes serious injury to your reputation or privacy.
  • Data portability.  The right to receive computerized personal information in a structured, commonly-used and technological format, or to have such personal information transferred directly to any person or body authorized by law to collect such personal information.  

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.

9. Notice to Australian and New Zealand Users

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/

10. Children

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.

11. Do Not Track

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.

12. Updates To This Privacy Policy

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.

13. Contact Us

Our contact information is as follows:

Kairo Care, Inc.
440 N BARRANCA AVE #3141
COVINA, CA 91723
Telephone:  (628) 257-2742
Email:  [email protected] 



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