These terms are an agreement between DeepSensi Public Benefit Corporation, a Delaware public benefit corporation with its registered office at 8 The Green STE A, Dover, DE 19901, United States ("DeepSensi", "we", "us"), and the veterinarian named in the order confirmation ("you"). They govern the Elite Veterinary service, which we supply on application and not through online checkout.
1. Who may use the service
1.1 You may use the service only if you hold a current, unrestricted license to practice veterinary medicine in a state of the United States or in a province or territory of Canada other than Quebec, you practice in that state, province or territory, and you are at least 18 years old. We check the license details you give us against the public register of the issuing board or regulatory body before we deliver an analysis. You tell us within five business days if your license is suspended, restricted or surrendered.
1.2 The service is supplied to you, in your own practice, for animal patients in your care. It is not supplied to animal owners, and an owner may not hold an account. If the purchaser is a practice entity, the person signing confirms authority to bind it, and every user named by that entity must meet clause 1.1.
2. What the service is
2.1 You send written veterinary records for one animal patient, which may include clinical notes, referral letters, laboratory reports, pathology reports and imaging reports in written form. The software analyzes them and returns an organized analysis: possible underlying causes ranked with the reasoning for each, next step options, the data each item rests on, and the published sources.
2.2 The analysis may include reference information about medicinal products, including published dose ranges, labelled indications, interactions and cautions, drawn from published sources and presented with those sources. This is reference information for you to weigh. It is not a prescription, not a treatment plan and not an instruction.
2.3 Every clinical decision is yours. You decide what to diagnose, what to prescribe, at what dose, by what route and for how long, and you remain solely responsible for the care of the animal and for compliance with the law governing veterinary practice in each state, province or territory in which you practice.
3. What the service is not
3.1 The service is intended solely for use by veterinarians in the care of animals. It is not intended for use in humans, we do not offer it for that use, and our intake rejects human records. Do not send records of a human patient.
3.2 The service does not create a veterinarian client patient relationship between us and anyone. We do not practice veterinary medicine, we do not examine animals, and we have no relationship with the animal owner.
3.3 The service is not for emergencies or time critical decisions. Do not use it where an animal needs immediate care.
3.4 The software does not accept image files, waveform files, exports from monitors or wearables, or raw files from sequencers or analysers, and it does not interpret them. Send reports in written form only.
4. Animals covered
4.1 The service covers companion animals and equines that are not intended for human food. It does not cover animals raised for human food or their products, because residue limits and withdrawal periods are outside its scope. For every equine case you record in your file a written statement from the owner that the animal is not intended for human food, obtained before you send the case, and you keep that statement for as long as you keep the clinical record, because the permissibility of use outside the label depends on it. If an animal in a case later enters the human food chain, you stop using the service for that animal and you take responsibility for withdrawal periods under the law that applies.
5. Medicinal products and use outside the label
5.1 Where reference information describes a use that is not on the product label, only you may decide on that use, and only within a valid veterinarian client patient relationship and within the conditions that the law applicable to your practice places on use outside the label, including the prohibitions that apply to certain substances and to food producing animals. We do not authorize, direct or approve any such use.
5.2 We do not supply, sell, compound, dispense or ship any medicinal product, we receive no payment from any manufacturer, distributor, pharmacy or laboratory in connection with your use of the service, and no reference information is placed, sponsored or paid for by any of them.
6. Communication with the animal owner
6.1 The analysis is delivered to you. You may share it, in whole or in part, with the animal owner; if you do, it becomes your communication and you remain responsible for it. We send nothing to the owner, and we answer no clinical question from an owner.
7. Records, data and confidentiality
7.1 You send only records you are entitled to send, and only what the case requires. Where the law of your state, province or territory requires the owner's authorization before veterinary records leave your practice, you obtain it before you send them and you keep it in your file.
7.2 The software removes direct identifiers of the owner on your device before anything is sent to us, and you check the record before you send it. What our servers hold is coded information.
7.3 We keep case material while your subscription runs and for twelve months after it ends, and we delete it then. You may ask us to delete a case or all your cases at any time by writing to [email protected], and we delete it from our live systems within 30 days and from backups within the retention period stated in our Privacy Policy.
7.4 We do not sell your records or the analyses, and we do not use your case material to develop or improve the service unless you turn on the separate written option, which is off by default and is not a condition of the service.
8. Fees, term, renewal and cancellation
8.1 Fees are stated in the order confirmation we send you when we accept your application, in U.S. dollars, plus any applicable taxes. The term is one year.
8.2 We take no payment for the first term until the first analysis has been delivered to you. If you do not send a case within 60 days of the order confirmation, the order closes and no payment is taken.
8.3 The term renews automatically for successive one year terms at the same price unless we notify you of a new price. We email a reminder no fewer than 30 and no more than 45 days before each renewal, and again at least 7 days before it, each stating the price, the renewal date and how to cancel. We notify a price change no fewer than 30 and no more than 45 days before it takes effect.
8.4 You may cancel at any time by email to [email protected], in no more steps than it took to subscribe. You may also cancel through the same channel in which this agreement was made: where you signed it electronically, you may cancel online through the same electronic channel, and where you signed it on paper, you may cancel in writing to the address in clause 14.2. Cancellation takes effect at the end of the current term unless you ask for an earlier end. Where the consumer protection law of your state, province or territory applies to this agreement, it prevails over this clause to the extent it gives you greater rights.
9. No payment for referrals or for cases
9.1 We pay you nothing for sending cases and nothing for referring anyone to us, you pay us nothing for receiving an analysis beyond the fee in clause 8.1, and neither of us gives the other anything of value to induce the use of any product or service.
10. Intellectual property
10.1 The service, its software and our trademarks belong to us or our licensors, and you receive a limited, non-exclusive, non-transferable right to use the service under these terms. You keep ownership of the records you send and of your own clinical notes. Feedback you give us may be used without obligation to you.
11. Disclaimers and liability
11.1 The service is provided as is and as available. To the fullest extent permitted by law we disclaim all warranties, express or implied, including fitness for a particular purpose. The service does not diagnose, treat or prescribe, and it does not replace your clinical judgment or your professional obligations.
11.2 To the fullest extent permitted by law our total liability for all claims arising from the service in any 12 month period is limited to the fees you paid us in that period, and we are not liable for indirect, incidental, special or consequential damages, including loss of income and the cost of animal care. Nothing here limits liability that cannot be limited by law.
11.3 You hold us harmless from claims by third parties, including animal owners, arising from records you sent without authority, from your use of the service outside these terms, or from decisions you made in the care of an animal.
11.4 You maintain professional liability insurance appropriate to your practice for the duration of this agreement.
12. Changes, suspension and termination
12.1 We may change the service and these terms. A material change takes effect at the start of your next term, or earlier only if you agree to it in writing, and your continued use of the service is not acceptance of a material change. We notify you of a material change by email no fewer than 30 days before the start of the term in which it will apply. During a term you have already paid for, a material change gives you the right to end the agreement and receive a refund of the unused part of the term, and that is the only consequence it has for that term. If a change removes a function you have paid for during your current term, you may end the agreement and we refund the unused part of the term.
12.2 We may suspend or end the agreement for breach of these terms, or where your license is suspended, restricted or surrendered, with notice where practicable.
13. Governing law and disputes
13.1 This agreement is governed by the laws of the State of Delaware, without regard to conflict of laws rules. Laws of your state, province or territory that cannot be waived continue to apply.
13.2 Before starting any proceeding, the party with a claim sends the other a written notice describing the claim and the relief sought, to [email protected] or to your account email, and both parties try in good faith to resolve it for 30 days.
13.3 A dispute that is not resolved in that way is decided by binding individual arbitration before a single arbitrator administered by the American Arbitration Association under the rules that apply to the dispute, seated where you practice or by video at your choice. Claims may be brought only on an individual basis and not in any class, collective or representative proceeding. Either party may bring an individual claim in small claims court and either party may ask a court to stop the unauthorized use of its intellectual property. You may opt out of this clause 13.3 within 30 days after you first accept these terms by emailing [email protected]; if you opt out, disputes are decided by the courts where you practice or by the state or federal courts in Delaware.
14. General
14.1 Neither party assigns this agreement without the other's consent, except to a successor of its business. If a provision is unenforceable the rest remains in effect. Delay in enforcing a right is not a waiver of it. These terms, the order confirmation, the Privacy Policy and the Consumer Health Data Privacy Policy are the entire agreement between us about the service. Notices to you go to your account email, notices to us to [email protected] or to the address below.
14.2 Contact: DeepSensi Public Benefit Corporation, 8 The Green STE A, Dover, DE 19901, United States, [email protected].