These Mobile Software Terms (“Mobile Terms”) supplement the My Vet Hub, Inc. (“MVH”) Terms of Service (“Terms of Service”) and, together with the Terms of Service, govern your use of our Mobile App (collectively, the “Terms”). All capitalized terms used but not defined herein have the meanings set forth in the Terms of Service. By downloading, accessing, or otherwise using the Mobile App, you (“Subscriber”) and your authorized end users agree to be always bound by these Mobile Terms.
1. Mobile App
MVH may make available a version of the Software to access the Service via a mobile device (“Mobile App”). If you download, access, or use the Mobile App, you are subject to and acknowledge and agree to these Mobile Terms.
2. License Grant
MVH hereby grants you a limited, non-exclusive, non-transferable, revocable license to install and use a compiled code copy of the Mobile App on mobile devices that are owned or controlled by you and authorized under your MVH account, solely for your internal business purposes in connection with your use of the Service. This license does not permit use of the Mobile App for any purpose other than fair, applicable business use consistent with your subscription to the Service.
Any third-party code incorporated in the Mobile App is covered by the applicable open-source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile App or any copy thereof. MVH and its third-party providers and suppliers retain all right, title, and interest in and to the Mobile App and any copy thereof. Any attempt to transfer any of the rights, duties, or obligations under these Terms, except as expressly provided herein, is void. MVH reserves all rights not expressly granted under these Terms.
3. Use of the Mobile App
3.1 Compatible Device
You acknowledge that you must have a compatible mobile device to use the Mobile App. MVH does not warrant that the Mobile App will be compatible with any particular mobile device.
3.2 Mobile Data
Use of the Mobile App may require a mobile data connection and may result in additional charges from your wireless provider. You are solely responsible for any such charges incurred in connection with your use of the Mobile App.
3.3 Upgrades and Updates
MVH may from time-to-time issue upgraded or updated versions of the Mobile App and may automatically upgrade the version installed on your mobile device. You consent to such automatic upgrading and agree that these Mobile Terms will apply to all upgrades and updates.
3.4 Permitted Use
The Mobile App is licensed for fair, applicable business use only. You agree not to use the Mobile App for any purpose outside the scope of your MVH subscription or in any manner that is unlawful, abusive, or inconsistent with these Terms. Authorized end users under your account may install and use the Mobile App on devices they own or control for the same business purposes, subject to the same restrictions.
4. Compliance with Laws
The Mobile App originates in the United States and is subject to United States export laws and regulations. The Mobile App may not be exported or re-exported to countries, persons, or entities prohibited from receiving exports from the United States. The Mobile App may also be subject to the import and export laws of other countries. You agree to comply with all applicable United States, Canadian, and foreign laws related to your use of the Mobile App and the Service.
5. Mobile App from Apple App Store
The following applies to any Mobile App you acquire from the Apple App Store (“Apple-Sourced Software”):
5.1 Relationship with Apple
You acknowledge and agree that these Terms are solely between you and MVH, not Apple, Inc. (“Apple”). Apple has no responsibility for the Apple-Sourced Software or its content. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service.
5.2 No Apple Support Obligations
Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Apple-Sourced Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Apple-Sourced Software. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to MVH as provider of the Software.
5.3 Claims and Liability
Apple is not responsible for addressing any claims by you or any third party relating to the Apple-Sourced Software or your possession and use of it, including:
- product liability claims;
- any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
All such claims are governed solely by these Terms and any law applicable to MVH as provider of the Software.
5.4 Intellectual Property Infringement
In the event of any third-party claim that the Apple-Sourced Software or your possession and use of it infringes that third party’s intellectual property rights, MVH, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim to the extent required by these Terms.
5.5 Apple as Third-Party Beneficiary
You and MVH acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the Apple-Sourced Software. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary with respect to your license of the Apple-Sourced Software.
6. Mobile App from Google Play Store
The following applies to any Mobile App you acquire from the Google Play Store (“Google-Sourced Software”):
6.1 Relationship with Google
You acknowledge that these Terms are between you and MVH only, and not with Google, Inc. (“Google”). Google is only a provider of the Google Play Store through which you obtained the Google-Sourced Software and has no obligation or liability to you with respect to the Google-Sourced Software or these Terms. Your use of the Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service.
6.2 MVH Responsibility
MVH, and not Google, is solely responsible for the Google-Sourced Software, its content, maintenance, support, and any claims relating to it.
6.3 Google as Third-Party Beneficiary
You and MVH acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to the Google-Sourced Software, and that Google will have the right to enforce these Terms against you as a third-party beneficiary with respect to your use of the Google-Sourced Software.
7. Acceptance
By downloading, accessing, or otherwise using the Mobile App, you expressly acknowledge that you have read, understood, and agree to be bound by these Mobile Terms and the MVH Terms of Service. If you do not agree to these Terms, you must not download, access, or use the Mobile App.
My Vet Hub, Inc. • myvethub.com