Terms of Service

1Our services

EuthBook is software that helps veterinary practices providing in-home euthanasia and hospice care schedule appointments, send and collect forms, take payments, and keep records. Account holders are practices and their staff.

Pet owners and families

If you use a booking, appointment or form page to arrange care with a practice, that page is provided on the practice’s behalf. Your appointment and any payment are with the practice, not with Onward Paws, and the practice’s own policies govern its services, fees and cancellations. You agree to provide accurate information and to use those pages only to arrange care with the practice. Your use of these pages, and any information you submit through them, is subject to our Privacy Policy.

Where the Services may be used

The Services are hosted in and intended for use in the United States. The Services are not tailored to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA), so you may not use them to store information that is subject to those laws. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2Your responsibilities as a practice

EuthBook is a software tool. We do not provide veterinary, medical, legal or tax advice, and we do not practice veterinary medicine. You are solely responsible for:

• all veterinary care and professional judgment, and for holding the licenses, permits and registrations your practice requires;
• the content of your consent and authorization forms, obtaining any consent or authorization required before providing care, and deciding whether a form has been properly completed;
• complying with the laws, regulations and professional rules that apply to your practice, including those on veterinary records, record retention, client communications, pricing and taxes;
• the accuracy of the information, prices and service descriptions you publish through the Services; and
• your relationship with your clients, including your services, fees, refunds and cancellations.

Features such as reports, mileage figures, address lookups and default form wording are provided for convenience. Please review them before relying on them.

3Accounts and security

By creating an account, you represent and warrant that:

1. all registration information you submit is true, accurate, current and complete, and you will keep it up to date;
2. you have the legal capacity to agree to these Legal Terms and will comply with them;
3. you will not access the Services through automated or non-human means, such as a bot or script, except through features we provide for that purpose;
4. you will not use the Services for any illegal or unauthorized purpose; and
5. your use of the Services will not violate any applicable law or regulation.

You are responsible for keeping your password and any two-factor authentication device secure, for all activity under your account, and for the actions of any staff you give access to. Tell us immediately at euthbook@onwardpaws.com if you believe your account has been accessed without permission.

If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account.

4Fees, payment and cancellation

Our fees are collected when your clients pay you through the Services. For each payment, we collect:

• Plan fees: the per-payment fee for your plan; and
• Add-on fees: the per-payment fee for any add-ons you have turned on, such as Google Street View.

These fees are deducted at the time of payment through your connected payment processor. The fees for a payment are based on your plan and add-ons at the time the form or invoice was sent to your client. Any other fees we agree with you in writing will be invoiced to you.

Fees are as listed on the euthbook.com homepage, unless we have agreed otherwise with you in writing. All fees are in US dollars and exclude taxes, which you are responsible for where they apply. You authorize us to collect plan and add-on fees through your payment processor and to charge any invoiced fees to your payment method on file.

All purchases are non-refundable. This includes plan fees, add-on fees and any invoiced fees.

We may change our fees at any time. Current fees are shown on the euthbook.com homepage.

Cancellation. You may cancel at any time by contacting us at euthbook@onwardpaws.com. Fees already collected or invoiced are not refunded. If a form or invoice was sent to a client before you cancelled and the client pays it afterward, that payment remains subject to the plan and add-on fees that applied when it was sent. If invoiced fees are overdue, we may suspend your account until they are paid.

5Payment processing

Card payments are processed by Square, Inc. (“Square”) through your own Square account, which you connect to EuthBook. Your use of Square is governed by your agreement with Square, and Square’s own processing fees apply in addition to our fees.

We are not a party to payments between you and your clients. You are responsible for refunds, disputes and chargebacks on those payments, and we are not liable for any failure, delay or error by Square or another payment processor.

6Your data

“Your Data” means the information you and your clients put into the Services, including client and patient records, appointments, signed forms, invoices and files. You own Your Data. We do not claim any ownership of it.

You grant us a limited, non-exclusive license to host, store, copy, process, transmit and display Your Data only as needed to provide, secure, support and improve the Services, as described in our Privacy Policy, including creating aggregate or anonymous information that does not identify you or your clients.

You represent and warrant that you have the rights, consents and authority needed to collect Your Data and to let us process it, and that Your Data does not violate any law or anyone else’s rights.

We back up the Services regularly, but you are responsible for keeping your own copies of any records you are legally required to retain. After your account closes, you have 90 days to request a download of your records (see section 11).

7Our intellectual property

Apart from Your Data, we own or license all intellectual property rights in the Services, including source code, databases, functionality, software, designs, text and graphics (the “Content”), and the trademarks, service marks and logos in them (the “Marks”). The Content and Marks are protected by copyright, trademark and other laws.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services, and to download or print the documents you create in them, for your practice’s internal business purposes. We reserve all rights not expressly granted to you.

Feedback. If you send us suggestions, ideas or other feedback about the Services, we may use it for any purpose without restriction or compensation to you. Feedback does not include Your Data.

8Prohibited activities

You may not use the Services for any purpose other than the one we make them available for. In particular, you agree not to:

• trick, defraud or mislead us or other users, especially in any attempt to learn sensitive account information such as passwords;
• use the Services to harass, abuse or harm another person, or use information obtained from the Services for that purpose;
• attempt to access another practice’s account or records, or impersonate another user or person;
• circumvent, disable or otherwise interfere with security features or usage limits of the Services;
• upload or transmit viruses, malware or other material that interferes with, disrupts or places an undue burden on the Services or connected networks;
• systematically retrieve data from the Services, or use any scraper, robot or similar tool, except to export Your Data through features we provide;
• except as permitted by applicable law, decompile, disassemble or reverse engineer the Services, or copy or adapt their software;
• use the Services to build a competing product, or resell or sublicense access to the Services;
• send unsolicited commercial messages through the Services, or collect users’ email addresses for that purpose;
• harass, intimidate or threaten our employees or agents;
• make improper use of our support services or submit false reports of abuse or misconduct; or
• use the Services in violation of any applicable law or regulation.

9Third-party services

The Services work with third-party services such as Square, Google Street View and Calendly, and may link to other websites. Your use of a third-party service is governed by that provider’s terms and privacy policy. We do not control and are not responsible for third-party services, websites or content, and linking to them does not mean we endorse them. Any purchase you make from a third party is solely between you and that third party.

10Privacy

We care about data privacy and security. Please review our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from outside the United States, you consent to your data being transferred to and processed in the United States.

11Suspension and termination

These Legal Terms remain in effect while you use the Services. You may stop using the Services and close your account at any time as described in section 4.

We may suspend or terminate your access to the Services if you breach these Legal Terms, fail to pay fees when due, or use the Services in a way that creates legal, security or reputational risk for us or other users. We will make reasonable efforts to notify you before suspending your account, but we are not obligated to do so, and we may act immediately and without notice. We may also discontinue the Services entirely with at least 90 days’ notice.

Your records after closure. When your account closes for any reason, you have 90 days to request a download of your records by contacting us, unless the law prohibits us from providing it. After that period, we may permanently delete Your Data as described in our Privacy Policy.

If we terminate your account for breach of these Legal Terms, you may not create a new account without our permission. Sections that by their nature should survive termination, including fees owed, Your Data, disclaimers, limitation of liability, indemnification and dispute resolution, survive.

12Changes and interruptions

We may change, add or remove features of the Services at any time. We cannot guarantee the Services will always be available. Hardware, software, network or other problems, or scheduled maintenance, may cause interruptions, delays or errors. We will try to keep planned maintenance short and to schedule it at quiet times, but we are not liable for any loss, damage or inconvenience caused by your inability to access or use the Services during downtime.

There may be information in the Services that contains typographical errors, inaccuracies or omissions, including descriptions and pricing. We may correct them at any time without prior notice.

13Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE, OR THAT ANY FORM, REPORT, CALCULATION OR DEFAULT WORDING IN THE SERVICES IS SUFFICIENT FOR YOUR LEGAL OR PROFESSIONAL REQUIREMENTS. THE SERVICES DO NOT PROVIDE VETERINARY, MEDICAL OR LEGAL ADVICE. WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF PRACTICES, THEIR CLIENTS, PAYMENT PROCESSORS OR OTHER THIRD PARTIES.

14Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED THE TOTAL FEES YOU PAID TO US, INCLUDING PLATFORM FEES, IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15Indemnification

You agree to defend, indemnify and hold us harmless, including our affiliates and our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Legal Terms or of your representations and warranties in them; (3) Your Data, including any claim that you lacked the right or consent to collect or use it; (4) the veterinary or other services you provide to your clients; or (5) your violation of any law or the rights of a third party. We may, at your expense, assume the exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate with our defense. We will use reasonable efforts to notify you of any such claim when we become aware of it.

16Electronic communications, transactions and signatures

Using the Services, sending us emails and completing online forms are electronic communications. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures and other communications we provide electronically, by email or in the Services, satisfy any legal requirement that they be in writing.

YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES.

You are responsible for determining whether electronic signatures collected through the Services meet the requirements that apply to your practice and to each form you use them for.

17Governing law

These Legal Terms and your use of the Services are governed by the laws of the State of Alabama, without regard to its conflict of law principles.

18Dispute resolution

Informal negotiations

To resolve any dispute, controversy or claim related to these Legal Terms or the Services (a “Dispute”) quickly and at low cost, you and we (each a “Party”) agree to first try to negotiate the Dispute informally for at least thirty (30) days before starting arbitration. Informal negotiations begin when one Party gives the other written notice of the Dispute.

Binding arbitration

If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except those excluded below) will be finally and exclusively resolved by binding arbitration.

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). It may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing and must follow applicable law. Unless the AAA rules or applicable law require otherwise, any in-person arbitration will take place in Madison County, Alabama. The Parties may go to court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on an arbitration award.

If a Dispute proceeds in court rather than arbitration, it will be brought in the state and federal courts located in Madison County, Alabama, and the Parties consent to the personal jurisdiction of and venue in those courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Legal Terms.

Any Dispute must be brought within one (1) year after the cause of action arose.

Restrictions

To the full extent permitted by law, (a) any arbitration is limited to the Dispute between the Parties individually and will not be joined with any other proceeding; (b) no Dispute may be arbitrated on a class-action basis or use class action procedures; and (c) no Dispute may be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions

The following Disputes are not subject to informal negotiations or binding arbitration: (a) Disputes to enforce or protect, or concerning the validity of, a Party’s intellectual property rights; (b) Disputes arising from allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) claims for injunctive relief. If any part of this section is found to be illegal or unenforceable, that part will be severed and the rest of this section will remain in full effect. Only a Dispute that falls within the severed part will be decided by a court listed above instead of in arbitration.

19California users and residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

20Miscellaneous

These Legal Terms, our Privacy Policy and any other written agreement between you and us about the Services are the entire agreement between you and us. Our failure to enforce any right or provision is not a waiver of it. We may assign our rights and obligations under these Legal Terms in connection with a merger, acquisition or sale of our business; you may not assign yours without our written consent. Neither Party is liable for delay or failure to perform caused by events beyond its reasonable control, except for payment obligations.

If any provision of these Legal Terms is found to be unlawful, void or unenforceable, that provision is severable and does not affect the remaining provisions. No joint venture, partnership, employment or agency relationship is created between you and us. These Legal Terms will not be construed against us because we drafted them. You waive any defense based on the electronic form of these Legal Terms or the lack of a physical signature.

21Contact us

To resolve a complaint about the Services, send us a notice, or get more information about using the Services, please contact us at: