Terms of service

1. Agreement to terms

These Terms of Service ("Terms") govern your use of the SpaySecure Owner Portal at owners.spaysecure.com (the "Service"). The Service is operated by, and your agreement under these Terms is with, the SpaySecure entity for your location:

• SpaySecure Pet Services LLC, if you are located in the United States
• Spay Secure Pet Services Canada, if you are located in Canada
• SpaySecure Pet Services Pty Ltd, if you are located in Australia

In each case, "SpaySecure," "we," "our," or "us."

You accept these Terms when you first access your signing link or otherwise use the Service, and, where presented, by confirming your acceptance during the contract signing process. If you do not agree to these Terms, you may not use the Service.

You must be at least 18 years old to use this Service. By using the Service, you represent that you are at least 18 years of age.

2. Description of service

SpaySecure provides a platform that facilitates sterilization agreements between pet breeders and pet buyers. Through our Service, you can:

• Digitally sign sterilization and sales contracts
• Submit proof of sterilization (spay/neuter) completion
• Request deadline extensions
• Submit appointment confirmations
• Access educational resources about pet sterilization
• Find veterinary clinics in your area
• Contact support for assistance

3. Your responsibilities

When using our Service, you agree to:

• Provide accurate, current, and complete information
• Maintain the confidentiality of any signing links or tokens you receive
• Not submit fraudulent, forged, or falsified documents
• Maintain a valid email address for contract-related communications

4. Contract obligations

4.1 Legally binding agreements

When you sign a sterilization contract or sales agreement through our Service, you are entering into a legally binding agreement. Your Sterilization Agreement is a contract between you, your breeder, and SpaySecure as described in that agreement. If these Terms conflict with a Sterilization Agreement you have signed, the signed agreement controls.

4.2 Sterilization deadlines

You are responsible for sterilizing your pet by the deadline specified in your Sterilization Agreement. The consequences of missing a deadline are those set out in your agreement.

4.3 Extension requests

You may request a deadline extension through our Service. Extension requests are handled under the terms outlined in your Sterilization Agreement.

4.4 Proof submissions

When submitting proof of sterilization, you certify that all documents are authentic and accurate. Submission of fraudulent or falsified documents constitutes a breach of your contract and may result in legal action.

5. Electronic signatures

By using our Service to sign contracts electronically, you acknowledge and agree that:

• Electronic signatures are legally binding and enforceable under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA) in the United States, the Uniform Electronic Commerce Act and equivalent provincial legislation in Canada, and the Electronic Transactions Act 1999 (Cth) and equivalent state legislation in Australia
• Your electronic signature has the same legal effect as a handwritten signature
• You consent to receive contract documents and related communications electronically
• You are the authorized signer of the contract or have authority to sign on behalf of another party

Electronic signatures are processed through a third-party electronic signature provider. By signing electronically, you consent to the use of electronic signatures and records, and you agree to the applicable terms of the signature provider used to complete your contract.

6. Identity verification

Some contracts may require identity verification before signing. If required, you will be asked to provide a government-issued identification document. Identity verification is processed by a third-party provider. By submitting identification documents, you agree to the provider's consumer terms and privacy policy.

You represent that any identification documents you provide are authentic, unaltered, and belong to you.

7. Document submissions

When submitting documents through our Service:

• Accepted formats: PDF, JPEG, PNG, and HEIC files up to 25MB each
• Maximum files: Up to 10 files per submission
• Content requirements: Documents must be legible and clearly show required information

By uploading documents, you grant SpaySecure permission to store, process, and analyze them, including with automated document-analysis tools operated by our service providers, and to share them with your breeder and our service providers, to verify contract compliance, review your submissions, prevent fraud, and operate and improve the Service. We may also use de-identified versions of documents and submissions for any lawful purpose. You retain any ownership rights in the documents you upload.

9. Veterinary clinic contact authorization

When submitting documentation, you authorize SpaySecure or your breeder to contact the veterinary clinic to verify the procedure. By providing this authorization, you consent to the release of relevant veterinary records to verify sterilization completion.

10. Third-party services

Our Service integrates with third-party services. Your use of these services is subject to their respective terms:

• Electronic signatures: subject to our signature provider's terms of use, as applicable to your contract
• Identity verification: subject to our verification provider's consumer terms
• Google Maps (veterinary clinic lookup): subject to the Google Maps/Google Earth Additional Terms of Service

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SpaySecure does not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Veterinary clinic information (provided by Google) is complete or accurate
• Any errors in the Service will be corrected

SpaySecure is a platform provider. We do not guarantee the performance of any other party under your Sterilization Agreement.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPAYSECURE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any disputes between you and your breeder
• Unauthorized access to or alteration of your data, where such access does not result from our failure to implement reasonable safeguards
• Any other matter relating to the Service

In no event shall SpaySecure's total liability to you exceed $100.

Non-excludable rights. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy conferred on you by the Australian Consumer Law, provincial consumer protection legislation in Canada, or any other applicable law that cannot lawfully be excluded or limited. If you are a consumer under the Australian Consumer Law, our goods and services come with guarantees that cannot be excluded, and to the extent we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to resupplying the Service or paying the cost of having the Service resupplied. The disclaimers in Section 11 and the limitations in this Section 12 apply only to the extent permitted by these laws.

13. Indemnification

You agree to hold SpaySecure harmless from any claims or damages arising from fraudulent documents you submit or your breach of contract with a breeder.

14. Termination

You may stop using the Service at any time. However, discontinuing use of the Service does not release you from any obligations under contracts you have signed through the Service.

We may suspend or terminate your access to the Service immediately, without prior notice, if you breach these Terms or engage in fraudulent activity.

15. Governing law and disputes

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. For users located in Canada, these Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. For users located in Australia, disputes will be governed by the laws of Queensland, Australia.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service, including any question regarding the validity of this arbitration provision, shall be resolved by final and binding arbitration:

• United States: administered by National Arbitration and Mediation (NAM) and governed by NAM's Comprehensive Dispute Resolution Rules and Procedures and the fee schedule in effect at the time the claim is filed.
• Canada: determined by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The language of the arbitration shall be English or French, at the election of the party initiating the claim. The number of arbitrators shall be one.
• Australia: resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Brisbane, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.

Judgment on any arbitration award may be entered in any court having jurisdiction. Either party may instead bring an individual claim in small-claims court where it qualifies. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction, and nothing in this section waives any right to seek public injunctive relief where a waiver of that right is unenforceable.

To the maximum extent permitted by applicable law, you agree to waive your right to participate in class action lawsuits against SpaySecure. This section does not apply to the extent applicable consumer protection law renders a pre-dispute arbitration agreement or class-action waiver unenforceable, including for residents of Ontario and Quebec, who may bring eligible claims in their local courts.

If you have signed a Sterilization Agreement, disputes arising under that agreement are governed by its dispute-resolution provisions, which may differ from this section.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Changes to terms

We may modify these Terms from time to time. We will post the updated Terms on this page with a revised "Last Updated" date and, where practical, notify you by email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. Changes do not alter the terms of any Sterilization Agreement you signed before the change took effect.

18. Contact us

If you have questions about these Terms, please contact us at support@spaysecure.com

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