Legal

End User License Agreement (Mobile Apps)

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Revised: March 1, 2025​

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This End User License Agreement (“EULA”) is a legal agreement between the individual downloading, installing or using Instinct mobile applications (“You” or ”Your”) and Instinct Science Holdings, LLC and/or its subsidiaries (collectively “Instinct”). Please read this EULA carefully before clicking the “I Agree” button to download, install, or use the mobile applications.

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1. Definitions
The following definitions apply to this End-User License Agreement:
“Application” means the mobile applications Instinct provides that you download through an Application Store and/or access via a Device.

“Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store), Google Inc. (Google Play Store) or any other third-party you use to download the Application to Your Device.

“Device” means any device You use to download or access the Application, including a computer, phone, digital tablet, or other mobile device.

“Family Sharing / Family Group” means the permission to share applications downloaded through the Application Store with other family members by allowing them to view and download each other’s eligible Applications to their associated Devices.
“Instinct Content” means all written (including electronic) content provided or made accessible to You via the Application, including all drug monographs, drug interactions, pet owner handouts, algorithms, clinical monographs and other documentation.

“Subscription” means a subscription to Plumb’s Veterinary Drugs®, Plumb’s Pro™, or Standards™, including all existing and future updates and features.

“Third-Party Products” means any products, content, services, information, websites, or other materials owned by a third party and incorporated into or made available by the Application.

 

2. Acknowledgment
By clicking the “I Agree” button, downloading, installing, or using the Application, You are agreeing to be bound by the terms and conditions of this EULA. If You do not agree to the terms of this EULA, do not click on the “I Agree” button, do not download, do not install, and do not use the Application.

This EULA is a legal document between You and Instinct that governs Your use of the Application. You (a) acknowledge that You have read and understand this EULA; (b) represent and warrant that You have the right, power, and authority to enter into this EULA, and if entering into this EULA on behalf an organization (for instance, Your employer), You represent and warrant that You have the legal authority to bind that organization; and (c) accept this EULA and agree that You are legally bound by it.

This EULA is only between You and the Instinct and not with the Application Store. Therefore, Instinct is solely responsible for the Application and its content. Although the Application Store is not a party to this EULA, it has the right to enforce it against You as a third party beneficiary relating to Your use of the Application.

Since the Application can be downloaded, installed, and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this EULA.

The Application is licensed, not sold, to You by Instinct for use strictly in accordance with the terms of this EULA.
 

3. License
Scope of License
Instinct grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application strictly as necessary to access and use a valid Subscription.

You may only use the Application if You have a valid Subscription.  Your use of the Application and all information, data, and other content, in any form or medium, that You transmit or otherwise make available to Instinct through the Application is subject to the written agreement that governs Your Subscription (the “Subscription Agreement”).  If You have any questions about Your Subscription Agreement and You did not purchase a Subscription in Your individual capacity, then You should contact the organization that purchased the Subscription for You.

You may only use the Application on a Device You own or control and as permitted by the Subscription Agreement and the Application Store’s terms and conditions.

The license granted to You by Instinct is solely for Your personal, non-commercial purposes, in accordance with the terms of this EULA.

License Restrictions
You agree not to, and You will not permit others to:

 

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

• Copy or use the Application for any purpose other than permitted under the above section ‘License’.

• Modify, make derivative works of, disassemble, decrypt, decompile, or reverse engineer any part of the Application.

• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Instinct or its affiliates, partners, suppliers or the licensors of the Application.

• Violate any national, state or local law, rule or regulation.

• Use any robot, spider or other automatic device, process or means to access the Application.

• Download, distribute, copy (including via scraping) or publish Instinct Content, except as expressly permitted in Your Subscription Agreement.

• Use any Instinct Content in connection with any artificial intelligence, including any machine learning or neural network models. For clarity, You are prohibited from using any Instinct Content to train any type of artificial intelligence model.

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4. Intellectual Property
The Application, the Instinct Content, and all worldwide copyright, patent, trademark, trade secret and other proprietary and intellectual property rights therein are, and shall remain, the sole and exclusive property of Instinct. Unless otherwise agreed to in writing, Instinct is not obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent Instinct has separately agreed in writing to provide indemnification, Instinct, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or Your use of it infringes any third party intellectual property rights.

 

5. Application Management
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions provided by You to Instinct with respect to the Application (“Suggestions”) shall be the sole and exclusive property of Instinct, and You hereby assign and transfer all worldwide right, title, and interest in the Suggestions to Instinct. Instinct shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

Modifications to the Application
Without limiting any other rights in the Subscription Agreement, Instinct reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

Updates to the Application
Instinct may, at its sole discretion, provide patches, bug fixes, updates, upgrades, new versions, enhancements, improvements, and other modifications to the Application (collectively, “Updates”). Updates may modify or delete certain features and/or functionalities of the Application. You agree that Instinct has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application. You further agree that all updates or any other modifications will be (i) deemed an integral part of the Application, and (ii) subject to the terms and conditions of this EULA.

Maintenance and Support
If applicable law requires maintenance or support, Instinct, not the Application Store, is obligated to furnish it.

Third-Party Products
The Application may display, include or make available Third-Party Products or provide links to third-party websites or services. You acknowledge and agree that Instinct shall not be responsible for any Third-Party Products, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Instinct does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Products. You must comply with applicable Third Parties’ terms when using any Third-Party Products. Third-Party Products and links thereto are provided solely as a convenience to You, and Your access and use of them is entirely at Your own risk.

 

6. Privacy Policy; AUP

By accepting this EULA or otherwise using the Application, You acknowledge that You have reviewed and hereby agree and consent to the terms and conditions of the Instinct Privacy Policy and Acceptable Use Policy.

 

7. General Terms

Term and Termination
This EULA shall remain in effect until terminated by You or Instinct. Instinct may, at its sole discretion, suspend or terminate this EULA with or without prior notice at any time and for any or no reason.

This EULA will terminate immediately, without prior notice from Instinct, if Your Subscription Agreement terminates. Additionally, Instinct may terminate this EULA upon written notice to You if You materially breach any provision of this EULA and fail to cure such breach within thirty (30) days of receiving written notice thereof from Instinct. However, if any material breach of this EULA cannot be cured, then Instinct may immediately terminate this EULA upon written notice to You.  You may terminate this EULA by deleting the Application and all copies from Your Device.

Upon termination of this EULA, You shall cease all use of the Application and delete all copies of the Application from Your Device. Terminating this EULA will not limit any of the Instinct’s rights or remedies at law, in equity, or any of Your obligations under the present EULA.

 

Indemnification 
In addition to any indemnification in Your Subscription Agreement, You agree to indemnify and hold Instinct and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your: (a) use of the Application; (b) violation of this EULA or any law or regulation; or (c) violation of any right of a third party.
 

No Warranties
The Application is provided to You “AS IS” and “AS AVAILABLE” without a warranty of any kind. To the maximum extent permitted under applicable law, Instinct, on its behalf and on behalf of its affiliates and its and their respective licensors and service providers (collectively, the Instinct Parties”), expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. 

 

Without limiting the foregoing, the Instinct Parties make no representation or warranty of any kind, express or implied: (i) that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software applications, systems or services; (ii) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (iii) that the Application will be uninterrupted, free from any errors or defects, meet any performance or reliability standards or that any errors or defects will be corrected; (iv) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (v) that the Application, its servers, the content, or e-mails sent from or on behalf of Instinct are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. However, in such a case, the exclusions and limitations outlined in section 11 shall be applied to the greatest extent and enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, (i) Instinct, not the Application Store, shall be solely responsible for such warranty and (ii) if the Application fails to conform to any applicable warranty, You may notify Instinct, and Instinct will refund the purchase price for the Application (if applicable) to You. 

 

Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Instinct Parties under any provision of this EULA or relating to Your use of the Application, and Your exclusive remedy for all of the foregoing shall be limited to the greater of (i) $100 or (ii) the amount actually paid by You under this EULA for the Application (excluding any fees owed under Your Subscription Agreement).

To the maximum extent permitted by applicable law, in no event shall the Instinct Parties be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury or loss of privacy) arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application or otherwise in connection with any provision of this EULA, even if the Instinct Parties have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

 

Severability
If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this EULA shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

Product Claims
Instinct does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to Your use of the Application, Instinct, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.

United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or the United States government has designated that as a “terrorist supporting” country (“Prohibited Country”), and (ii) You are not listed on any United States government list of prohibited or restricted parties (“Prohibited Person”).  The Application may not be exported or re-exported (a) into any Prohibited Country or (b) to any Prohibited Person.

Changes to this EULA
Instinct reserves the right, at its sole discretion, to modify or replace this EULA at any time. In such instances, Instinct will notify You by posting the updated EULA on the Application or through any other communication. By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised EULA. If You do not agree to the new terms, You are no longer authorized to use the Application and You should delete it from Your Devices.

Governing Law & Jurisdiction
Your use of the Application is governed by and construed under the internal laws of the state of Delaware, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any other jurisdiction. Any legal suit, action, or proceeding arising out of or related to the rights granted hereunder will be instituted exclusively in the federal, state, or chancery courts of jurisdiction in the state of Delaware, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

 

Additional Terms
You may be subject to additional terms and conditions when You use or purchase a third party’s services, which the third party will provide at the time of such use or purchase.  If the terms of this EULA conflict with Your Subscription Agreement, if applicable, the terms of the Subscription Agreement shall control.

Contact Us
If You have any questions about this EULA, You can contact Instinct by email at legal@instinct.vet.​

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