Service Terms

These Service Terms constitute a legal agreement between you and Pets52, Inc. (“Pets52”, or “us”) regarding your use of our services. PLEASE READ THESE SERVICE TERMS CAREFULLY BEFORE USING OUR SERVICES. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING A WAIVER OF THE RIGHT TO A JURY TRIAL. BY CLICKING “I ACCEPT” AS PART OF THE REGISTRATION PROCESS YOU AGREE TO BE LEGALLY BOUND BY:

These Service Terms and
The Telehealth Consent Documents, consisting of (a) your Informed consent for Tele-Therapy Services (b) your HIPAA Authorization to Share Health Information, (c) any other documents or policies linked or referenced in these Service Terms.

IF YOU DO NOT AGREE WITH THESE SERVICE TERMS OR THE TELEHEALTH CONSENT DOCUMENTS, DO NOT USE THE PETS52 SERVICES OR THE PETS52 PLATFORM.

Defined Terms

Are found at the end of this document and provide the defined terms used in this Agreement.

Pets52 Services and the Platform

Pets52 has developed a network of licensed mental health professionals and facilitates your access to a provider in this network to determine whether you qualify for an Emotional Support Animal (“ESA”) letter or a Psychiatric Service Dog (“PSD”) letter and, if so, to provide you with one of these letters. The licensed mental health professionals in the Pets52 Network (each a “Network Provider”) provide telehealth services, which may include assessment, diagnosis, therapy, follow-up and/or education, teletherapy, consultation, treatment, transfer of personal and health information, emails, telephone conversations and education using interactive audio, video and data communications, as applicable (“Telehealth Services”). Pets52 also offers you the ability to access certain on demand veterinary services through the Pets52 Platform or by calling into the veterinary assistance helpline (the “Virtual Vet”) for your pet. After contacting the Veterinary Helpline you will receive assistance and advice from a veterinary nurse or veterinarian (“Veterinary Provider”). If the Veterinary Provider determines that video support or additional documentation such as pictures of your pet such portion of the Veterinary Services will be provided either through the Pets52 Platform or your Veterinary Provider may provide you with an individual link to access the video conference or to upload images or videos requested by the Veterinary Provider. After collecting intake information from you, Pets52 will facilitate your access to one of our Network Providers and provide administrative services to assist with and manage this relationship (“Administrative Services”). Administrative Services, Telehealth Services, and Veterinary Services are collectively referred to as the “Virtual Vet”.

Veterinary Services

Veterinary Services may be made available to you at an additional cost and cannot be purchased as a standalone service without the purchase of a Pets52 membership. Payment for the Veterinary Services shall be made in accordance with your Membership Agreement. You acknowledge that (a) Veterinary Services will be provided remotely, and (b) that the Veterinary Provider may be located outside of the United States and does not provide medical, behavioral health, or health advice or diagnoses.

Relationship between Network Providers and Pets52

Pets52 does not itself provide any therapy, Telehealth Services, or other Network Providers’ services. All of the Network Providers are independent of Pets52. Any information or advice received from a Network Provider comes from them alone, and not from Pets52. Pets52 does not make any representations or warranties about the training or skill of any Network Providers.

Access License

Access Rights

Subject to the terms and conditions of this Agreement, Pets52 hereby grants to you, under Pets52’s Intellectual Property Rights and during the Term, a non-exclusive, non-sublicensable, non-transferable license to access and use the Pets52 Platform for its intended purposes.

Ownership of Pets52 Platform

As between the Parties, the Pets52 Platform (and Intellectual Property Rights embodied in the Pets52 Platform) are the sole property of Pets52 and, except for the limited rights granted in this Section 4 (Access License), you have no rights in or to the Pets52 Platform.

Restrictions

You agree that you will not: (i) sell, rent, lease, sublicense, transfer, modify, create derivative works of, or redistribute the Pets52 Platform; (ii) alter or remove any copyright, patent, trademark, or other protective notices included with the Pets52 Platform; (iii) reverse engineer, decompile, or disassemble the Pets52 Platform; or (iv) allow any party other than itself to access or otherwise use the Pets52 Platform and Pets52 Services.

No Implied Rights

No rights shall be implied under this Agreement, based on any course of conduct, or on any construction or interpretation thereof. All rights and licenses not expressly granted in this Agreement are reserved.

Helpdesk Support

Pets52 provides FAQs and other documentation, located at www.pets52.com, to answer questions concerning the Pets52 Services. If these materials do not answer your question, please feel free to contact us as set forth on our Contact Us page.

Availability

Pets52 shall use commercially reasonable efforts to make the Pets52 Platform available to you, subject to reasonable downtime for maintenance and error corrections.

Acceptable Use Policy

You shall not: (i) use the Pets52 Platform for purposes that are unlawful, offensive, infringing the privacy of others, or otherwise prohibited by this Agreement; (ii) use the Pets52 Platform in a manner designed to disable, overburden, or impair the Pets52 Platform or interfere with another party’s use and enjoyment of the Pets52 Platform (or its components); (iii) seek to obtain access to any portion of the Pets52 Platform or related materials, accounts, or information through hacking, data harvesting, data mining, or through other means Pets52 has not intentionally made available to you through the Pets52 Platform; or (iv) infringe Pets52’s or any third-party’s Intellectual Property rights or other proprietary rights or rights of publicity or privacy.

Payment Terms

You shall pay Pets52 the fees associated with your use of the Pets52 Services and identified on the Website (collectively, the “Membership Fees”). The Fees will be paid by you either (i) with one upfront payment at the time you complete the initial ESA letter or (ii) on a monthly basis that will be charged to your credit card every 30 days.

1. When purchasing an ESA letter you agree to either (i) pay 12 consecutive months of membership fees. If you decide to opt-out of your membership before 12 months you will be charged for the months remaining on your 12 months membership plan or (ii) receive a pre-payment discount by paying for the full 12 months of membership upfront.

Payment Authorization

By providing Pets52 with credit card information, a Google Pay account, an Apple Pay account, or other payment method we offer, you agree that Pets52 is authorized to immediately charge your account for Fees due and payable to Pets52 with no additional notice or consent required (including on a recurring basis as described on the Website when you sign up for Pets52’s membership). When becoming a Pets52 member you are providing us with permission to charge monthly fees every 30 days to your credit card. If you have purchased a discounted ESA letter you are committing to paying membership fees for 12 months. At the end of that 12 month period Pets52 will continue to charge your credit card every 30 days (monthly). However, after the initial 12-month period ends and all membership commitments associated with the ESA letter have been fulfilled you can cancel your membership at any time. Upon cancellation you will be charged your monthly membership fee for the remainder of the calendar month and you will retain membership benefits throughout the remainder of the calendar month.

Pricing Modification

Pets52 reserves the right to prospectively modify or implement a new pricing structure. Pets52 will notify you if a change in pricing takes place during the Term. If you disagree with the new pricing structure, you may terminate this Agreement.

Pets52 Fees

You understand that the portion of the Fees attributed to the Telehealth Services provided by an outsourced telehealth vendor is passed through by Pets52 a telehealth vendor rendering the Telehealth Services to you and is not retained by Pets52. The portion of the fees retained by Pets52 is for the fair market value of the Administrative Services provided by Pets52.

Taxes

All Fees payable hereunder are exclusive of, and, as between the Parties, you are responsible for paying, any taxes assessed or imposed in connection with this Agreement (excluding taxes on Pets52's income or property). You shall indemnify and hold Pets52 harmless from and against all claims and liabilities arising in connection with your failure to report or pay any such taxes.

Feedback

The term “Feedback” means suggestions, ideas, feature requests, and recommendations made by you relating to Pets52 Services or other elements of Pets52’s business. If you choose to provide Feedback to Pets52, then you hereby transfer to Pets52 your rights in Feedback (including associated Intellectual Property Rights).

Privacy and Telehealth Consent Documents

Your use of the Pets52 Services may result in Pets52’s processing, on your behalf, personal health information (“PHI”) included in the Customer Data and some information Pets52 collects constitutes PHI. These processing activities and the maintenance and disclosure of such PHI will be subject to the Informed Consent for Tele-Therapy Services and HIPAA Authorization to Share Health Information (the “Telehealth Consent Documents”). In case of a conflict between this Agreement and the Telehealth Consent Documents or any business associate agreement entered into by Pets52, as discussed below, the Telehealth Consent Documents, applicable law, and any business associate agreements shall control. Your Network Provider, if a covered entity under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”), will provide you with a Notice of Privacy Practices describing its collection, use and disclosure of your PHI, not Pets52. Pets52, in some instances, is a “business associate” (as that term is used under HIPAA) that provides services to and for the Network Providers, referred to as “covered entities” under HIPAA, and enters into business associate agreements with those Network Providers that are covered entities. When applicable, Pets52 will use and disclose PHI only in accordance with any such business associate agreements and HIPAA. We may de-identify your Personal Information so that it no longer reasonably identifies you. In this case, we may use this de-identified data without restriction and for any purpose, including to improve our products and services.

Retention of Customer Data

You are responsible for retaining copies of Customer Data and, except to the extent required by applicable law, Pets52 has no obligation to backup Customer Data.

Security

Pets52 shall use commercially reasonable efforts to safeguard the security of Customer Data resident on the Pets52 Platform, and shall employ, for this purpose, information security controls consistent with accepted practice in the industry and applicable law.

Representations and Warranties

Unless provided otherwise in other Terms, the Parties represent and warrant as follows:

Your Representations and Warranties

You represent and warrant to Pets52: (i) that you have provided true and accurate information and will maintain the accuracy of such information; (ii) that you are physically located in and reside in the state indicated in the address you provided during the registration process, as the licensed mental health professional cannot assess across state lines; (iii) that you will comply with applicable law; and (iv) that you are solely responsible for knowing and understanding your local laws concerning standards for the content, legality, and requirements for ESA/PSD Letters.

Disclaimer of Warranties

THE PETS52 SERVICES, PETS52 PLATFORM, AND ALL PETS52 PERFORMANCE OBLIGATIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND PETS52 HEREBY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THE FOREGOING DOES NOT AFFECT WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Not a Licensed Healthcare Provider

Pets52 is not a licensed health care provider nor does Pets52 provide medical, behavioral health, or health advice or diagnoses. Any medical advice or treatment you receive in connection with the Pets52 Services is provided by our network clinicians. Always seek professional medical advice regarding a medical or mental health condition or treatment.

No Therapist – Patient Relationship

All information provided by Pets52 is intended to be for general informational purposes only, and is in no way intended to create a therapist – patient relationship as defined by state and federal law. While Pets52 facilitates your selection of, communications with and other interactions with Network Clinicians, Pets52 does not provide professional services and the therapist-patient relationship is between you and the therapy provider you speak with. Pets52 shall not be liable for any professional advice obtained from a Network Clinician or for any other information obtained on the Pets52 Platform. Pets52 does not endorse any clinician. Pets52 shall not be liable for negligent credentialing or the negligence of any mental health clinician. Pets52 does not endorse any specific tests, providers, therapies, products or procedures that are recommended by the network clinicians. You acknowledge that your reliance on any healthcare providers or information provided by the clinicians is solely at your own risk and you assume full responsibility for all risk associated herewith. The content of the site and the services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical or behavioral health advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical or behavioral health conditions. We do not guarantee that any person’s use of the Pets52 Platform is the appropriate course of treatment for any individual’s particular health care problem.

Not an Emergency-Monitoring Service or Crisis Service

Pets52 is not an emergency-response, emergency-monitoring service, or crisis service. Any person who is aware of an emergency situation should immediately contact an appropriate emergency response or dial “911”. Any person who is feeling suicidal or in need of immediate assistance due to emotional crisis should reach out for help to a crisis help line. A list of crisis help lines and service providers can be found in your phone book, or contact the National Suicide Hotline 800-273-TALK (800-273-8255). If you are in crisis, contact the above organizations or another resource of your choice. If you need help finding mental health services and support in your community contact an appropriate organization, such as for example: National Mental Health Association Information Center: nmha.org.

No Assurances of Acceptance

Except as expressly stated in this contract, Pets52 does not guarantee that a landlord, airline, or other third party will follow the requirements set by state and/or federal laws and regulations that govern ESAs, or will accept your ESA Letter. Even though a person may have an ESA Letter from a licensed clinician, this in no way guarantees that the person will qualify as “disabled” under federal or state law, or receive any particular accommodation by any airline, hotel, restaurant owner, or any other company or individual. An ESA is not a “service dog” as defined by law and may not necessarily be accorded the same level of accommodation.

Animal Companion

Pets52 is not responsible for the training, temperament, or qualification of any Animal Companion as an Emotional Support Animal. Pets52 is not responsible for any damages caused by the Animal Companion in public or private spaces. An ESA/PSD letter does not provide protection against liability for misconduct by the Animal Companion. It is your responsibility to train and curb your emotional support animal and Pets52 is not responsible for the actions of your companion animal.

Legal Disclaimer

Pets52 is not a lawyer or a law firm and does not provide any legal advice. The Pets52 Platform neither offers nor constitutes legal advice or counsel. The Pets52 Platform may contain content that references federal, state and local rules regarding assistance animals and/or telehealth. Pets52 does not make any representations or warranties as to the accuracy or applicability of this content. Laws, regulations, guidelines and other rules regarding ESAs, PSDs, assistance animals and telehealth are constantly evolving and subject to interpretation, and Pets52 makes no representations or guarantees as to whether any information on the Pets52 Platform is current, complete, accurate or relevant or that the Telehealth Services comply with applicable local, state and/or federal laws. Content on the Pets52 Platform is not regularly updated. You should not rely on any content on the Pets52 Platform for any advice, guidance or information of a legal nature. To answer legal questions, you should always seek help from a licensed professional or directly reference the latest federal, state or local rules applicable to your circumstance. Pets52 makes no representation that any ESA/PSD Letter provided by a Network Provider or Telehealth Services comply with applicable local, state or federal laws.

Indemnification

You shall defend and indemnify us against any third party claim, action, suit, or proceeding resulting from your use of the Pets52 Services in a manner not expressly authorized by this Agreement. We shall notify you of any such claim and provide reasonable cooperation and assistance in connection with the claim, at your expense. You will not enter into any settlement without our prior approval, not to be unreasonably withheld.

Denied Accommodation

Pets52 will refund your Fees applicable to the Telehealth Services and Administrative Service, but not the Veterinary Services, if each of the following conditions are met: (i) you are denied an accommodation by a landlord or property manager due to a claim that the ESA/PSD Letter from Pets52 is not valid; (ii) you have filed a complaint with HUD concerning this denial and provided proof of the filing to us; (iii) you have submitted acceptable documentation of the landlord’s denial (or property managers’ denial) to Pets52 (via email to customersupport@pets52.com) within sixty (60) days of the denial; (iv) all information provided to Pets52 under this Agreement is complete, accurate and valid; and (v) you have attended each required appointment, consultation and training required to properly receive the Pets52 Services.

Failure to Qualify for ESA/PSD Letter

If the Network Provider determines that you do not qualify for an ESA/PSD Letter, Pets52 will refund your Fees if you submit your rejection letter to Pets52 (via email to customersupport@pets52.com) within thirty (30) days of the Network Provider’s determination.

Limitations to Refund

You will not be entitled to receive a refund except in the circumstances specified: Denied Accommodation by a landlord or property manager or Failure to Qualify for ESA Letter (as determined by the clinician who evaluates you).

Termination of membership due to refund

Those members who are granted a refund will have their membership benefits immediately severed.

Limitation of Liability

IN NO EVENT SHALL PETS52 BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS; LOSS OF DATA; OR LOSS OR INTERRUPTION OF USE; EVEN IF PETS52 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PETS52’S LIABILITY FOR DAMAGES WILL EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO THE FEES YOU HAVE PAID TO PETS52.

Term

The Agreement shall commence as of the Effective Date and, unless earlier terminated (Termination), shall continue until the later of (i) your receipt of a requested ESA/PSD Letter; (ii) the Clinician’s decision to decline your request for an ESA/PSD Letter; (iii) expiration of the guarantee period, if applicable; (iv) your cancellation of your membership, if applicable; or (v) the date on which you or Pets52 terminate your membership (the “Term”). If you have purchased a discounted ESA letter, your membership will continue throughout the specified term (e.g., monthly, quarterly, annually).

Termination for Convenience

You may terminate this Agreement for any reason (or no reason) prior to the expiration of the Term upon notice to Pets52; provided you have completely fulfilled your payment obligations under your membership agreement. Terminating under will not entitle you to a refund, unless you otherwise qualify for the refund.

Termination for Material Breach

Either Party shall be entitled to terminate this Agreement for material breach by the other, upon providing notice to the other Party.

Termination of Membership

You may not terminate a membership at your convenience unless you have fulfilled your payment obligations. Pets52 reserves the right to offer early cancellation opportunity for a fee of $35 to Customers experiencing significant financial hardships or other significant changes to their ability to meet their payment obligations.

Suspension of Service

Pets52 shall be entitled to suspend or terminate your account immediately and without notice if Pets52 determines, in its sole judgment, that you are in breach of this Agreement or your continued use would have a material and adverse impact on Pets52 or any of its users.

Effect of Termination or Expiration

Immediately upon termination or expiration of this Agreement: (i) Pets52 shall cease providing the Pets52 Services; and (ii) all of your licenses under this Agreement shall end. Pets52 may retain copies of your PHI and other Customer Data to the extent required for legal compliance and copies to the extent the same resides on backup servers. The expiration or termination of this Agreement shall not affect any obligation that accrued prior to such expiration or termination.

Notices

All notices under this Agreement shall be in writing, in English, and delivered by email. Notices to Pets52 shall be deemed duly delivered upon Pets52’s receipt of your email at the email address specified on our Contact Us form. Notices to you shall be deemed duly delivered upon your receipt of Pets52’s at the email address you provided during the registration process.

Amendment or Assignment

No amendment to or assignment of this Agreement will be effective unless consented to in writing by both Parties.

No Waiver

No failure or delay in exercising any right under this Agreement will be operative as a waiver of such right, or preclude any further exercise.

Statistical Data

To the extent not prohibited by applicable law, Pets52 shall be entitled to collect, compile, analyze, and otherwise use and exploit statistical and usage data related to the use of the Pets52 Platform and Pets52 Services that has been de-identified in accordance with applicable law (“Statistical Data”). No compensation shall be paid by Pets52 with respect to its use of the Statistical Data.

Subcontracting

Pets52 shall be entitled to use subcontractors in the performance of Pets52’s obligations under this Agreement; provided, however, that if Pets52 engages subcontractors, then Pets52 shall remain liable for all obligations under this Agreement as though no such subcontracting had occurred. Without limitation, any mental health professional within the Pets52 Network and any Veterinary Provider is a subcontractor.

Governing Law; Jurisdiction

This Agreement, and all claims, disputes, or controversies arising out of this Agreement, shall be governed in all respects by the laws of Delaware, USA, without giving effect to its conflicts of law provisions. The exclusive venue and jurisdiction for any action or proceeding arising out of this Agreement shall be the state and federal courts located in Wilmington, Delaware, USA. The Parties accept the personal jurisdiction of such courts.

Waiver of Jury Trial; No Class Actions

Each Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby. You similarly waive rights or authority (if any) to litigate a claim or dispute under or related to this Agreement on a class action or consolidated basis, or in any type of representative capacity on behalf of another person or persons whether or not similarly situated.

Contact us

To contact us, please email customersupport@pets52.com.

Definitions

“Administrative Services”

has the meaning set out in Pets52 Terms & Services

“Agreement”

means these Service Terms.

“Animal Companion”

means an animal who provides emotional or physical support for a person.

“Customer Data”

means data, information, and content that the Company (i) uploads to, or makes available to Pets52 by means of, the Pets52 Platform or (ii) otherwise provided to Pets52.

“Effective Date”

means the effective date of the Agreement, as specified on the account creation.

“Emotional Support Animal”

has the meaning set out in Pets52 Terms and Conditions.

“ESA”

has the same meaning as “Emotional Support Animal.”

“ESA Letter”

means a formal letter by a licensed mental health professional designed to qualify your Animal Companion as an ESA.

“ESA/PSD Letter”

means (i) an ESA Letter or (ii) a PSD Letter, as the case may be.

“Fees”

has a meaning set out in our Membership Agreement.

“Intellectual Property” or “Intellectual Property Rights”

means rights under patent law, copyright law, trademark law, data and database protection law, trade secret law, and law applicable to confidential information, and any and all similar proprietary rights. “Intellectual Property Rights” means those rights as they exist as of the Effective Date, and all such rights subsequently acquired during the Term.

“Network Provider”

has the meaning set out in Pets52 Terms & Services.

“Personal Data”

means information (i) that relates an identified or identifiable natural person, (ii) that may be linked or linkable to such a natural person or their household; or (iii) that is defined as personal information or personal data (or the equivalent) under applicable law.

“Personal Health Information” or “PHI”

has the meaning set out in the Telehealth Consent Documents.

“Pets52 Virtual Vet”

means the network of licensed veterinary professionals chosen by Pets52 to administer the Telehealth Services.

“Pets52 Platform”

means the portal and associated infrastructure that provides the Pets52 Services.

“Psychiatric Service Dog”

has the meaning set out in Pets52 Terms & Conditions.

“PSD”

has the same meaning as “Psychiatric Service Dog.”

“PSD Letter”

means a formal letter by a licensed mental health professional designed to qualify your Animal Companion as a PSD.

“PSD Training Course”

means the training course offered by Pets52 that provides information and instructions regarding how to train your Animal Companion to become a PSD and other information related to PSDs, and is included in the scope of Pets52 Services.

“PSD Course Completion Certificate”

means the certificate issued by Pets52 to you upon your completion of the PSD Training Course.

“Statistical Data”

has the meaning set out in the Statistical Data section of this document.

“Telehealth Consent Documents”

has the meaning set out in Pets52 Privacy and Telehealth Consent Documents.

“Telehealth Services”