Terms of Use

1. OVERVIEW

These Terms of Use form a legally binding contract between VETIBILITY INC. (“ Vetibility ”, “ we ”, “ us ”, or “ our ”) and the people and companies (“ Users ”, “ you ” or “ your ”) that access and use our website located at www.vetibility.com or any related website or mobile platform controlled by us (collectively, the " Website "). These Terms of Use apply to all services provided through our Website and any other software application we operate, and all content, services, and products available at or through the Website (collectively, the “ Services ”).

It is very important that you read and fully understand these Terms of Use before using the Website. By agreeing to these Terms of Use and using the Website, you are entering into a legally binding contract which will impact your rights.

By accessing any part of the Website, you agree to be bound by these Terms of Use. You are also confirming that you have read and fully understood these Terms of Use. If you do not agree to or understand all of these Terms of Use, then you may not access the Website or use any services available on the Website.

If you are entering into these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Use, in which case the terms “user”, “you” or “your” shall refer to such entity. If you do not have such authority, you must not use the Services on behalf of such entity.

These Terms of Use should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Website.

Fee summaries for Vetibility’s standard VCN clinic offering (including the published platform fee and payment processing fees as presented on the Website) appear at vetibility.com/vcn and are incorporated into these Terms by reference. How those fees apply—including charges settled on Vetibility’s primary Stripe flows and clinic-branded charges on a clinic’s Stripe connected account—is governed by Sections 6 and 8 (Vet Payments and Payment Procedures).

Certain features of the Services, including veterinary telehealth visits, may present separate consents, disclosures, or confirmations in the application or on the Website at the time you use those features (for example, consent relating to virtual visit transcripts as described in our Privacy Policy). For veterinary clinics participating in the VCN, Vetibility may also present in-Services acceptance of Program Commercial Terms or a named program pricing schedule or schedule version as described in Section 6.1 (for example when joining a Vetibility-supported multi-clinic program). You agree that your use of those features or completion of those acceptances, together with any such in-product acceptance and these Terms of Use and our Privacy Policy, governs your rights and obligations for those features and for the applicable fee terms to the extent described in Sections 6, 6.1, and 6.2. Visit transcripts and related records are collected, used, and disclosed as described in our Privacy Policy.

2. SERVICES AVAILABLE ON THE WEBSITE

Vetibility is an application based service connecting owners (“ Clients ”) of pets with licensed veterinarians (“ Vets ”), including those operating within a third-party veterinary clinic, hospital, office, or mobile that is part of the Vetibility Clinic Network (VCN), providing veterinary telehealth and telemedicine consultations to owners of pets and service animals (“ Pets ”).

For the purposes of these Terms of Use, veterinary telehealth means veterinary professional services delivered remotely using telecommunications technology, including services offered through the Website. Veterinary telemedicine refers to the provision of specific veterinary medical advice and veterinary treatment of a Pet based on the virtual diagnosis of disease and injury by means of telecommunications technology where no physical examination of the Pet by the Vet takes place. Applicable statutes, regulations, and professional standards may use “telehealth,” “telemedicine,” or both; you remain responsible for compliance with the terminology and rules that apply in your jurisdiction. Unless the context requires otherwise, a reference in these Terms to telemedicine should be read to include telehealth where appropriate.

The use of our Services is restricted to appointments booked through the Website. Our Services are subject to change over time and without notice, except where a different rule applies specifically to VCN clinic Program Commercial Terms as described in Section 6.1 below. By using the Website, you are confirming that you have determined that our Services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.

3. CONTENT AND VETIBILITY INTELLECTUAL PROPERTY

3.1 Your Content

When you choose to upload documents or data (including any images, videos, or text), Vetibility does not review or pre-screen the contents of electronic data uploaded or posted to the Website (“ Content ”) and Vetibility claims no intellectual property rights with respect to the Content.

However, by posting, uploading, inputting or submitting any Content whatsoever to the Website, you are granting Vetibility an irrevocable, royalty free license while the Content remains uploaded to the Website, to use the Content, or any Content created through the use of the Website, for any purpose related to its business and the Website, and/or promotion thereof, including the right to copy, distribute, edit, and/or publicly display such content with or without attribution.

3.2 Vetibility platform ownership and license

Vetibility and its licensors own all right, title, and interest in and to the Services, including the Website, software, applications, user interfaces, designs, workflows, documentation, and other materials made available by Vetibility (collectively, “ Vetibility Materials ”), and all related intellectual property rights. Except for the limited right to access and use the Services as permitted by these Terms, no license or other rights are granted to you by implication or otherwise.

Subject to your compliance with these Terms, Vetibility grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for their intended purpose. If you access the Services on behalf of a clinic or other organization, that license is solely for that organization’s lawful use of the Services and not for the benefit of any unrelated third party.

3.3 Restrictions

You will not, and will not permit any person to:

• copy, reproduce, distribute, publish, or create derivative works of any Vetibility Materials except as expressly permitted in writing by Vetibility;
• reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive source code, underlying ideas, algorithms, or structure of the Services;
• scrape, crawl, harvest, or use automated means to access the Services except through features or APIs Vetibility expressly makes available;
• remove, alter, or obscure proprietary notices on the Services;
• use the Services, access credentials, or non-public information about the Services to design, develop, operate, or assist a competing veterinary telehealth platform or substantially similar service; or
• interfere with or disrupt the integrity, security, or performance of the Services.

For clarity, Section 3.3 does not restrict you from providing veterinary services through other lawful channels, or from using third-party practice management or clinical tools that are not substantially similar to the Services. It restricts misuse of the Services and Vetibility Materials to replicate the Services or a competing veterinary telehealth platform.

If you provide suggestions or feedback about the Services, Vetibility may use it without restriction or compensation to you.

4. CLIENT CONSULTATION FEES

When a Client books an appointment through the Website, they are booking directly with Vetibility for services contracted out to a veterinary professional. Clients are charged an appointment fee, as set by Vetibility or a veterinary clinic, hospital, office, or mobile operating as part of the Vetibility Clinic Network (VCN), for the services provided to the client by the veterinary professional. Subscriptions are not valid for appointments booked with a veterinary clinic, hospital, office, or mobile operating as part of the VCN.

All payments are made through our third-party payment processor, Stripe, in accordance with Section 8 - Payment Procedures below.

5. SUBSCRIPTIONS

Vetibility may offer recurring subscription plans through the Website and Services. Plan names, prices, billing intervals, eligibility, trials, and feature access are described on the Website, in the application, and at checkout and may vary by region. Unless otherwise stated for a specific plan, subscriptions renew automatically until cancelled in accordance with the terms presented at purchase and Section 11.

Subscriptions do not replace per-visit fees for appointments booked with a veterinary clinic, hospital, office, or mobile operator participating in the Vetibility Clinic Network (VCN); see Section 4.

5.1 Pet owner telehealth subscriptions

Certain subscription plans (including plans marketed as Vetibility+ or under similar names) cover virtual telehealth consultations with Veterinarians providing services through Vetibility’s marketplace offering. Such plans may be described as offering unlimited consultations within the subscription term, subject to fair use and these Terms. They apply only to consultations with Vetibility marketplace Veterinarians and do not apply to appointments booked with a VCN clinic, hospital, office, or mobile operator (including clinic-branded telehealth).

If Vetibility determines, in its sole discretion, that a pet owner telehealth subscription is being abused or used inconsistently with its intended purpose, Vetibility may suspend or cancel the subscription and, where appropriate, refund subscription fees.

5.2 AI Suite — clinic subscriptions

Clinics may subscribe to AI Suite for their organization. A clinic subscription covers eligible veterinarians associated with that clinic Account as described on the Website and in clinic administration tools. Clinic plans are offered as unlimited use for a typical practice, subject to fair use. Telemedicine Scribe and telemedicine Client Summary do not count toward fair-use assessment. We may pace use or contact you if use is far outside typical practice. Custom arrangements may replace these terms.

5.3 AI Suite — individual veterinarian subscriptions

Independent veterinarians may subscribe to Individual AI Suite on their own Account. Individual plans are offered in tiers published in the Services, including:

• Standard — access to AI Suite features subject to usage limits per billing period (for example, monthly caps on Scribe, Ask, and Client Summary uses) as displayed in the application and pricing materials at the time of subscription; and
• Unlimited — access to AI Suite features without the Standard tier usage caps, subject to fair use. We may pace use or contact you if use is far outside typical practice.

Eligible first-time Individual subscribers may receive a trial period as shown at checkout. When a veterinarian operates in clinic (VCN) mode with an active clinic AI Suite subscription, entitlement rules described in the Services determine whether the clinic subscription or an individual subscription governs access.

5.4 Subscription payment

All subscription charges are processed through our third-party payment processor, Stripe, in accordance with Section 8 — Payment Procedures below. Applicable taxes may apply.

6. VET PAYMENTS

Vets are paid on a per-appointment basis. What you keep depends on whether you completed the visit as an independent marketplace Vet or on behalf of a clinic in the Vetibility Clinic Network (VCN):

• Section 6.1 — you accepted the visit with Clinic Mode off, for yourself and not on behalf of a participating VCN clinic; or
• Section 6.2 — the visit was clinic-operated (for example, you accepted with Clinic Mode on, or the Client booked clinic-branded telehealth with a specific clinic), in which case fees follow the VCN Standard Schedule, any Program Commercial Terms that apply to that clinic, or any separate written agreement with Vetibility that applies to that clinic.

How payments are collected and sent is described in Section 8.

6.1 Independent marketplace veterinarians

If you accept a completed visit on Vetibility’s open marketplace with Clinic Mode off, you are working as an independent marketplace Vet—not on behalf of a participating VCN clinic. Your payment for that visit works as follows.

The Client pays Vetibility for the appointment. Vetibility deducts a regional commission from the pre-tax appointment fee at the rate shown in the Services for your region when the visit is completed (in many regions, twenty-five percent (25%)) and pays you the remainder through the payout details in your Account. If you have completed applicable tax registrations in the Services for your jurisdiction, your payout may also include tax amounts owed to you on your share of the fee, as calculated in the Services when relevant vendor thresholds are met.

6.2 Clinic-operated telehealth and ancillary amounts

VCN Standard Schedule means the fee disclosure for Vetibility’s standard Vetibility Clinic Network (VCN) commercial offering as published on https://vetibility.com/vcn in the “Fee structure” and related sections, as updated from time to time and incorporated into these Terms by reference. The schedule may be updated as described in Section 22.

Some clinic Accounts also participate under a separate written agreement with Vetibility (for example a clinic network participation agreement with custom pricing). Where Vetibility’s records show such an agreement applies to an Account, its fee terms govern that Account to the extent of any conflict with the VCN Standard Schedule.

Where a visit is clinic-operated—including (a) open-network marketplace visits accepted by a veterinarian with Clinic Mode on for an active VCN clinic, and (b) clinic-branded telehealth where the Client’s card is charged on a clinic’s connected payment account—the clinic (via its connected account) is the seller of record for that card charge under Stripe Connect rules. Stripe payment processing fees are paid from that charge and retained by Stripe. Vetibility may collect (i) a platform usage fee as described in the VCN Standard Schedule on the pre-tax consultation amount (subject to tiers, caps, waivers, Program Commercial Terms, or a separate written agreement for that Account) and (ii) an additional Vetibility payment processing fee of two percent (2%) on the tax-inclusive consultation total, subject to the published minimum for the charge currency in the table below. Optional ancillary amounts invoiced after medical record submission are not required for every visit. When ancillary amounts are paid through the clinic’s connected payment account under this Section 6.2, Stripe payment processing fees are paid from that charge and retained by Stripe, and Vetibility collects its 2% processing fee on the tax-inclusive ancillary total, subject to the same per-currency minimum. Ancillary catalog and billing rules published in the Services apply. For each clinic Account, fees are governed by the VCN Standard Schedule, any applicable Program Commercial Terms or separate written agreement, these Terms, and Stripe’s terms.

Published Vetibility processing-fee minimums by charge currency:

Certain VCN clinics participate under Program Commercial Terms that differ from the VCN Standard Schedule—for example where Vetibility designates a clinic as part of an approved multi-clinic group or comparable program. Such terms may include, without limitation, volume-based platform rates, tier thresholds and currency-specific schedules, monthly or recurring fees, upfront or onboarding fees, or waivers. For each affected clinic Account, Program Commercial Terms are established and evidenced through Vetibility’s records of authenticated in-Services acceptance—for example, acceptance of a named program pricing schedule or schedule version presented in the clinic administration tools, together with any program summary or linked terms URL presented at the time of acceptance, and associated metadata Vetibility retains (such as accepting administrator, clinic Account identifier, acceptance timestamp, and schedule version identifier), or through a separate written agreement with Vetibility or the clinic’s organization that Vetibility identifies in its records as applying to that Account. You represent that administrators who complete acceptance are authorized to bind the clinic. Program Commercial Terms and fee terms in a separate written agreement identified in Vetibility’s records prevail over the VCN Standard Schedule for those clinic Accounts to the extent of any conflict.

Where Program Commercial Terms for a clinic Account are administered through in-Services acceptance, updates to fee or tiering mechanics set out in a new program pricing schedule version (or equivalent update presented for acceptance in the Services) do not apply to that Account until the acceptance workflow presented in the Services for that updated version has been completed by an authorized administrator, except where Vetibility is required to implement all or part of an adjustment under applicable law, by court or regulatory order, or as Vetibility reasonably determines necessary to comply with payment network rules, taxation, fraud prevention, or similar non-discretionary obligations, in which case Vetibility may implement such adjustments prospectively after reasonable notice where practicable, and except as provided in the following paragraph regarding notice-based updates.

Separate written agreements. Where Vetibility’s records show that a clinic Account’s fee terms are governed by a separate written agreement (such as a clinic participation agreement with custom pricing), changes to those fee terms are governed by that agreement and not by the notice-based update rules in the following paragraph. If a proposed revision under that agreement is not accepted by the stated effective date, the fee terms previously in effect under that agreement continue unchanged until amended as that agreement provides; Vetibility may terminate or limit participation as provided in that agreement or these Terms.

Notice-based updates to Program Commercial Terms. This paragraph applies only to Program Commercial Terms established through in-Services acceptance and does not apply to fee terms governed by a separate written agreement as described above. Vetibility may prospectively revise Program Commercial Terms for a program clinic Account on reasonable advance notice, which shall be not less than thirty (30) calendar days for administrative, clarifying, technical, or non-economic changes, for changes driven by payment network or processor rules, taxation, legal compliance, fraud prevention, or security, and for good-faith commercial adjustments that do not materially increase the overall platform fee burden for that Account (as reasonably determined by Vetibility). Where the revision would materially change platform fee percentages, tier thresholds or banding, recurring program fees, or other core economic terms for that Account, Vetibility will provide not less than sixty (60) calendar days’ notice by email to the clinic’s registered administrative contact and/or through a conspicuous notification in clinic administration tools, with a stated effective date. Vetibility will, where practicable, present material economical revisions through the in-Services acceptance workflow in addition to such notice. If an authorized administrator has not completed any required acceptance for a material economical revision by the stated effective date, the then-current Program Commercial Terms for that Account continue unchanged until new Program Commercial Terms are established through in-Services acceptance. Nothing in this paragraph limits Vetibility’s right to discontinue or limit program participation separately under these Terms.

Subscription products (including AI Suite) are described in Section 5. All payments are made through our third-party payment processor, Stripe, in accordance with Section 8 - Payment Procedures below.

7. PROFESSIONAL LIABILITY INSURANCE PREMIUMS

Vets are responsible for maintaining appropriate professional liability insurance.

8. PAYMENT PROCEDURES

Independent marketplace visits. For visits under Section 6.1, the Client pays Vetibility and Vetibility pays the Vet after the regional commission, including any tax amounts owed to the Vet under applicable tax registrations as described in that Section. Card processing is handled by Vetibility.

Clinic-operated visits. Where Section 6.2 applies, Vetibility is not the merchant of record for that card charge; the connected account holder (or seller of record under Stripe Connect rules) is the seller. Vetibility may still receive platform usage fees and 2% Vetibility processing on the tax-inclusive total (subject to the per-currency minimum stated in Section 6.2), while Stripe payment processing fees are retained by Stripe. Settlement timing follows Stripe’s rules.

Except for qualifying clinic-operated charges described above, Vetibility will be the merchant of record for transactions between Vets and Clients that are processed through Vetibility’s primary payment flows, and will remit payment to Vets as set out below or as otherwise described in these Terms. No Vet may request or permit any Client to remit payment in any form or manner directly to the Vet or its representative or agent for any services performed via the Website. Any violation of this term may result in the immediate suspension or removal of the non-conforming Vet’s Account without notice and/or legal action.

All payments are made through our third-party payment processor, Stripe, and are subject to the Stripe Services Agreement (the “ Stripe Services Agreement ”). By agreeing to these Terms or continuing to operate as an Account holder on the Website, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Vetibility enabling payment processing services through Stripe, you agree to provide Vetibility accurate and complete information about you and/or your business, and you authorize Vetibility to share it and transaction information related to your use of the payment processing services provided by Stripe, with Stripe.

Clients and VCN members are responsible for paying all fees and applicable taxes associated with Vetibility’s Services in a timely manner with a valid payment method. If your payment method fails or your Account is past due, we may collect fees owed using other collection mechanisms, including, but not limited to, charging other payment methods on file, retaining collection agencies and legal counsel.

The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder’s account. When applied by the card issuer, the fees may be listed separately from the transaction amount on a credit or debit card statement. Therefore the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a consultation booked on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.

9. REFUND POLICY

Client consultation fees are non-refundable, unless the Vet does not attend an accepted consultation call or the Vet determines your pet requires immediate in-person care within the first few minutes of your consultation, as confirmed by Vetibility, or for any valid reason at our sole discretion. Subscription fees are non-refundable except where a subscription is cancelled in accordance with Section 5, a trial or promotional term expressly provides otherwise, or as required by applicable law.

Clients must submit a request for a refund to refunds@vetibility.com . If Vetibility determines the refund request to be valid, we will process the refund within three (3) business days. Vetibility’s decision with respect to refunds is final and binding. Refunded amounts are net of payment processing fees charged by Stripe.

10. YOUR ACCOUNT

To use certain features of the Website or certain Services, you must establish an account (“ Account ”). Upon registration, you will select a username and password. You must provide accurate and complete information and keep your Account information current by updating such contact information via the Website or by contacting us with any updates to your contact information by email at accounts@vetibility.com . All personal information associated with your Account or your use of the Website is collected, used and disclosed in accordance with our Privacy Policy.

Your right to access and use the Website is personal to you and is not transferable by you to any other person or entity. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that occur under your Account. You may not use the Account of any other user, without that user’s permission. You agree to immediately notify Vetibility of any unauthorized use of your password or username or any other breach of security and to select a new username and password if you believe your Account has been compromised. Further, if we suspect any unauthorized access to your Account, upon our request, you agree to promptly change your username and password and take any other related action as we may reasonably request. Vetibility cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Each user acknowledges and agrees that: (a) neither Vetibility nor any of our affiliates will have any liability to any user for any unauthorized transaction made using your username or password; and (b) the unauthorized use of your username and password for your Account could cause you to incur liability to both Vetibility and other users.

User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each user’s purported identity. We encourage you to communicate directly with a user through the tools available on the Website, though even this does not assure you of the identity of the person with whom you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity.

There is no guarantee that you will be accepted as a registered user of the Services. We reserve the right to deny you access to the Services or any part thereof, in order to maintain or restore security or performance to the Services. We may also do so if we reasonably believe you are in breach of these Terms of Use or your Account has been or may be used by an unauthorized person. Users are permitted to have only one Account per individual.

11. SUSPENSION AND TERMINATION

You may cancel and terminate your Account at any time in accordance with the terms and policies posted on the Website.

We reserve the right to suspend any Account for investigation with respect to compliance with these Terms of Use and to terminate any Account where we find that the Account is being used in breach of these Terms of Use.

Further, we may, without notice to you, suspend or terminate a Vet or Client Account at any time if we suspect, in our sole discretion, that an Account is being used in an unauthorized or fraudulent manner. In addition, should we ask a user for proof of identification, and that identification is not submitted in the allotted time, we reserve the right, in our sole discretion, to suspend or terminate the associated Vet or Client Account.

If at the date of termination of your Account, there are any outstanding payments owing by you to us, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

12. LIMITATION OF LIABILITY

Except in a case where we are in violation of these Terms of Use, we will not be held liable for, and you hereby waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the Website.

Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Website will be uninterrupted, secure or error-free.

In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.

13. INDEMNIFICATION

You agree to indemnify and hold harmless Vetibility, including our officers, directors, shareholders, employees and agents from and against any and all claims and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the Website, including but not limited to your violation of any term of these Terms of Use or any other policy posted on the Website.

14. SECURITY BREACHES

In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential.

You must immediately notify us of any unauthorized use of your Account, including the unauthorized use of your password, or any other breach of security.

We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your Account however arising.

15. WARRANTIES AND REPRESENTATIONS

We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.

16. COMPLIANCE WITH LAWS

You represent and warrant that:

• You have the authority to bind yourself to these Terms of Use;
• Your use of the Website will be solely for purposes that are permitted by these Terms of Use;
• Your use of the Website will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and
• Your use of the Website will comply with all local, state, provincial and federal laws, rules and regulations, and with all policies posted on the Website.

You must only use the Website for your own lawful purposes, in accordance with these Terms of Use and any notice, policy or condition posted on the Website. You may use the Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Use.

17. AGE RESTRICTIONS

Users Must be Over the Age of 18.

You represent and confirm that you are over the age of 18. We do not target, market, or promote the Website to those under 18. We do not permit any User under the age of 18 to use the Website.

18. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use and any access to or use of the Website shall be governed by, and construed in accordance with, the laws in force in the Province of Ontario.

If any claim, dispute or controversy occurs between Vetibility and a User relating to the interpretation or implementation of any of the provisions of these Terms of Use, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or Vetibility. Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

19. WAIVER OF CLASS ACTION

By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against Vetibility or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against Vetibility otherwise commenced.

The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.

20. VETERINARIAN-CLIENT-PATIENT RELATIONSHIPS

A Veterinarian-Client-Patient Relationship (VCPR) is established between Vetibility, the Client, and the Pet once a Vet has accepted a given consultation request and the Client has confirmed the consultation. The scope of service provided within a VCPR established via our Services is limited to what is permitted while practicing telehealth or telemedicine (as those terms are used in the applicable jurisdiction) and to the specific presenting complaint for which a given consultation has been requested. Any required in-person care would need to be provided by another full-service, accredited companion animal facility. Each VCPR established via our Services is naturally concluded with the completion of each consultation. A VCPR can be re-established with the request of a new consultation.

21. VET ELIGIBILITY; ACCURACY OF INFORMATION; CONSULTATION PRACTICE REQUIREMENTS

In order to be eligible to provide veterinary services on the Website, each Vet represents and warrants that:

• You hold a license in good standing to practice veterinary medicine issued by a veterinary regulatory authority of a state/province/territory in which we operate.
• You are not currently, and have not been within the past three years, subject to any investigations or complaints of professional negligence or misconduct.
• You are solely responsible for ensuring that your telehealth and telemedicine scope of practice is within the legal statutes set forth by the state/provincial/territorial veterinary regulatory authority where you are licensed.
• You shall uphold and adhere to all applicable medical, professional and ethical duties and standards in providing veterinary telehealth and telemedicine services via the Website.
• You shall use your professional judgement to determine whether telehealth or telemedicine is appropriate to each specific circumstance, including without limitation, whether a physical examination is required in order to make an appropriate diagnosis and/or prescribe drugs.
• You are solely responsible for adhering to all veterinarian telehealth and telemedicine requirements issued by the applicable veterinary regulatory authority and/or veterinary medical association, including without limitation: whether you must be licensed in the jurisdiction the Pet is located; whether you must have an existing veterinary-client-patient relationship ("VCPR") or whether a VCPR is created via a telehealth or telemedicine consultation on the Website.
• You shall uphold and maintain the integrity and confidentiality of the VCPR.

In order to provide veterinary services on the Website, Vets must comply with Vetibility requirements including but not limited to:

• Vets must submit their veterinarian license information and, if applicable, veterinary clinic information (name, address and other contact information) to Vetibility in order to complete an Account. As noted above, all Vets must be licensed and in good standing to use the Services.
• Vets must advise the Client that services will only be provided in accordance with the standards of practice of the profession.
• Vets are responsible for maintaining their own appropriate professional liability insurance.
• Vets must accept a reasonable number of booking requests received in the interest of the Client experience; and
• Vets are prohibited from being absent from any number of accepted consultation bookings.

22. GENERAL TERMS

23. QUESTIONS ON THESE TERMS OF USE, WEBSITE, OR SERVICES

If you have any questions or comments regarding these Terms of Use, the Website, or the Services, please contact support@vetibility.com.

24. CONFIRMATION OF AGREEMENT TO TERMS OF USE

By proceeding to use the Website, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and any policies and notices posted on the Website.