Last revision: October 2019
Your risks regarding data
Our veterinary software is a documentation tool. As such, the software does not, and is not intended to, provide diagnosis, practice guidelines, advice or protocols for delivering patient care. It does not provide or constitute medical advice or a substitute for medical knowledge or judgment, all of which will be your sole responsibility.
You are solely responsible for your professional services. Even though you use our software, you are solely responsible for all aspects of the medical, diagnostic, therapeutic and related professional services you deliver. This is the case even if the software produces errors or presents data that is not complete or correct.
You remain solely responsible for your patient information, even if it is produced or stored by our software, for your patient care requirements, legal or regulatory requirements or other use.
The software may fail to function, become inoperative or inaccessible, produce errors, or lose, compromise, corrupt or inaccurately report your data. The software may experience a security intrusion or data breach. It is your responsibility to save and back-up your data, and you should do so on a regular basis.
You may access and use the software only through the user name and/or password/PIN provided by us. You are responsible for any use of, and activities that occur under, your accounts or password, whether or not you authorized them.
Waiver of claims against us
Our limitations of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY DAMAGES INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, RESULTING FROM THE USE OF INSTINCT, THE INSTINCT SOFTWARE, ANY PRODUCT OR INFORMATION MADE AVAILABLE THROUGH INSTINCT OR THE SOFTWARE (OR ANY ACCESS TO OR DISCLOSURE THEREOF), OR ANY OTHER MATTER RELATING TO INSTINCT.
YOU HEREBY WAIVE AND RELEASE ALL RIGHTS RELATING TO THE FOREGOING.
THESE LIMITATIONS MAY APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Your indemnification obligations
Information you provide about yourself
Information we collect
Site activity information. We keep track of most of the actions you take on Instinct. Additionally, certain anonymous information may be passively collected (that is, gathered without your actively providing the information) using various technologies, including cookies. Please see how we use this data below for additional information about why we collect this data.
Access device and browser information. When you access Instinct from a computer, mobile phone, or other device, we may collect information from that device about your browser type, location, and IP address, as well as the pages you visit.
Web token information. We may use web tokens and "cookies" (small pieces of code or data we transmit to or store for an extended period of time on your browser, computer, mobile phone, or other device) to make Instinct easier to use, to make our communications better, and to protect both you and Instinct. You can remove or block web tokens and cookies using the settings in your browser, but in some cases that may impact your ability to use Instinct.
How we share and use your information
We may utilize information that does not personally identify you in order to personalize Instinct for our users. We do not sell or share your personally identifying information with advertisers. We do not share personal information with third parties for their direct marketing purposes.
To generate market research
We do not sell or share your personally identifying information. However, we may use information that is not personally identifying (so long as it has been disconnected from your unique personally identifiable information) without limitations or restrictions, for any purpose, even after you delete your account. These purposes may include, among others, producing market research reports or providing dashboard database access for third party market research.
To offer joint services
To work with our service providers
We may share your information with service providers who are working with us in connection with the operation of Instinct or our services or software. These service providers may have access to your private and public personally identifying information only to perform services on our behalf and will be obligated not to disclose it or use it for any other purposes.
To manage or promote the service
To contact you
We may contact you with service-related announcements, marketing communications, promotions and other information. We may include personally identifiable information and content you see on Instinct in the communications we send to you.
To respond to legal requests and prevent harm
Transfer in the event of sale or change of control
Rights to content
The content of any information that is not personally identifying to you, such as any suggestions or ideas you provide to us, becomes our property for any use we may determine, without any notice or compensation to the author.
We may use information about you for any other purpose that we determine in our reasonable discretion is necessary or appropriate in connection with the operation of Instinct, including maintaining, termination or transferring accounts, enabling or restricting access to accounts or ensuring compliance with our policies or applicable legal requirements. We will share your information with third parties when we believe the sharing is permitted by you or is reasonably necessary in connection with the operation of Instinct or when legally required to do so.
How you can change or remove information
Editing and deactivating your profile. You may change or remove your profile information at any time by providing us written notice. If you want to stop using your account you may deactivate it or delete it. When you deactivate an account, it will not be deleted. We save your profile information in case you later decide to reactivate your account. When you delete an account, it is permanently deleted from Instinct and may never be reactivated. When we delete your account, this means we delete all personally identifying information, but we do NOT delete information that is not personally identifying. By using Instinct, you agree that we may keep this information permanently.
How we protect information
Risks inherent in sharing information. Please be aware that no security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on Instinct, including personally identifiable information, will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on Instinct or that we use or have implemented. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
You should report any security violations to us at legal@Instinct.com.
You may not create more than one account or create an account for anyone other than yourself other than a care recipient for whom you are legally authorized to do so. You may not transfer your account. You may not solicit login information or access an account belonging to someone else.
If we disable or terminate your account, you may not create another one without our permission.
You may not share your username or password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your account and the privacy of your account information. You are also solely responsible for all activity on your account, including all purchases made or content provided through your account (with or without your knowledge or consent).
It is critical that you keep you account access information private and not share it with anyone. If you lose your access credentials, or feel like they have been stolen or made public, please change them immediately.
Content you provide
You hereby sell, transfer and assign to us your entire right, title and interest in and to all trademarks, trade secrets, inventions, improvements, ideas or copyrightable works, including all rights to obtain, register, perfect and enforce these proprietary interests, which relate to Instinct. Whether during your membership or thereafter, you will execute and deliver to us such formal transfers and assignments and such other documents as we may reasonably require.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about Instinct provided by you are non-confidential and shall become the sole property of ours. We will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access Instinct or collect users' content or information using automated means (such as harvesting bots, robots, spiders, or scrapers).
You may not upload viruses or other malicious code.
You may not do anything that could disable, overburden, or impair the proper working of Instinct, such as a denial of service attack.
Termination by us
Modification or suspension of Instinct
You agree that we may, in our sole discretion, and at any time, modify, discontinue, or suspend its operation of Instinct, or any part of Instinct, temporarily or permanently, without notice to you, and you agree that we will not be liable for any consequences of doing so.
When you communicate with us via email or through Instinct, you are communicating with us electronically. You agree that we may communicate electronically and that such communications are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Compliance with laws
You agree to comply with all applicable laws, statutes, rules and regulations regarding your use of Instinct or our software, including intellectual property laws and privacy laws.
Protection of Instinct intellectual property rights
You acknowledge that content available through Instinct, including content in the form of text, graphics, software, music, sound, photographs, and videos, is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws.
Except as otherwise noted, all content posted on Instinct is:
Copyright © 2016-Present Instinct Science, LLC
All Rights Reserved
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on Instinct or any content available through Instinct.
You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from Instinct in any way, for any public or commercial use or provide it to any commercial source, including other websites, regardless of whether or not you receive compensation, without the express, prior our written permission.
You may not frame any trademark, logo, or other proprietary information on Instinct, without our express, prior written consent, and you may not remove or obscure the copyright notice or other notices displayed on the content.
The trademarks, logos, service marks, names and tag lines, including “Instinct”, displayed on Instinct (collectively the “Marks”) identify Instinct’s products and services, and inform the public that we are the source of those products and services. Nothing contained on Instinct should be construed as granting any right or license to use any Mark displayed on Instinct. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:
To identify materials or services that are not Instinct materials or services;
In, as, or part of your own trademarks or services marks;
In an manner likely to cause confusion;
In a manner that implies inaccurately that Instinct or we sponsor, endorse or are otherwise connected with you, your products, services or other activities; or
In a manner that disparages Instinct, us or dilutes the Marks.
You are also advised that we may enforce our intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use any Marks without our prior written permission.
Disclaimer of warranties with respect to use of Instinct
INSTINCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDINGANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
WE DO NOT MAKE ANY WARRANTY THAT INSTINCT MAY MEET YOUR REQUIREMENTS.
WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INSTINCT OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY REVIEW POSTED ON OR INFORMATION OBTAINED THROUGH INSTINCT.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF INSTINCT IS USED AT YOUR OWN RISK AND THAT YOU MAY BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Severability of Terms
Either you or we may demand that any dispute between you and us about or involving our services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Philadelphia, PA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.
Consent to collection and processing in the United States