Legal

General Terms of Use

Acceptable Use Policy

Software Subscription Terms

Instinct Privacy Policy

API License Agreement

End User License Agreement (Mobile Apps)

End User Payment Processing Agreement

General Terms of Use

Revised: March 1, 2025

By accessing or using websites or software operated by Instinct Science Holdings, LLC or its subsidiaries (“Instinct”), including but not limited to Instinct.vet, Standards.vet, Plumbs.com, Cliniciansbrief.com, and pickthebrain.instinct.vet (collectively “Instinct Software”), you agree and intend to be legally bound by these Terms of Use, including any changes that Instinct may post from time to time. You should not use Instinct Software if you have objections to any of these Terms of Use.

1. General Disclaimer

Our veterinary software is used as a documentation tool. As such, the software does not 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. The software can produce errors or incomplete/incorrect data. As such, 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. All use of Instinct Software is at your own risk.

We may change or discontinue any aspect, service, or feature of Instinct Software at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use. We reserve the right to withdraw or modify all or any portion of Instinct Software, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of Instinct Software is unavailable at any time or for any period. From time to time, we may restrict or limit access to some or all of the Instinct Software.

2. Accessing Instinct Software

Subject to your compliance with these Terms of Use and upon all receipt of all applicable fees, Instinct grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Instinct Software, as well as the images, graphics, text, data, information, and other works of authorship that are made available to you via the Instinct Software (collectively “Content”) solely for your internal use. You acknowledge and agree that you will not reproduce, duplicate, copy, sell, or resell Instinct Software, Content, or any features or other material contained in the Instinct Software.

3. Your Responsibilities

You remain solely responsible for your patient information (even if it is produced or stored by our software), patient care requirements, legal or regulatory requirements, and all aspects of delivering care. 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. You are responsible for saving and backing up your data, and you should do so regularly. You may access and use the software only through the username and/or password/PIN we provide. You are responsible for any use of, and activities that occur under, your accounts or password, whether or not you authorized them.

4. Waiver of Claims

You waive and release all liabilities, losses, claims, demands, disputes, damages, and costs of any kind, including reasonable attorneys' fees and costs of litigation (“Damages”) against Instinct, including any mental or bodily harm, injury, death, or loss or damage to property, however it may occur, that arise out of your use of Instinct Software.

5. Disclaimer of Warranties

INSTINCT SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT INSTINCT SOFTWARE MAY MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INSTINCT SOFTWARE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY REVIEW POSTED ON OR INFORMATION OBTAINED THROUGH INSTINCT SOFTWARE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF INSTINCT SOFTWARE 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.

6. Indemnification

You agree to indemnify and hold harmless Instinct and any of its subsidiaries, employees, owners, investors, directors, agents, representatives, or affiliates (collectively “Instinct Affiliates"), from and against any and all Damages, resulting from or in any way connected with your use of Instinct Software, your violation of these Terms of Use, or any of your acts or omissions.

7. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL INSTINCT OR INSTINCT 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 SOFTWARE, ANY PRODUCT OR INFORMATION MADE AVAILABLE THROUGH INSTINCT 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 YOU OR INSTINCT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

8. Your account

You may not create multiple accounts or an account for someone other than yourself, transfer your account, 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 and 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).
Our Privacy Policy governs personal information that you submit to us.

It is critical that you keep your 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.

9. User Etiquette

You agree to comply with all requirements and prohibitions outlined in the Acceptable Use Policy. You may not facilitate or encourage any violations of this Terms of Use. You will promptly report any violation of the Terms of Use to Instinct.

10. Instinct Privacy Policy

The Instinct Privacy Policy outlines how Instinct collects and uses information in connection with providing Instinct Software. The Instinct Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through Instinct Software, you acknowledge that you have reviewed and accepted the Instinct Privacy Policy and consent to all actions taken by Instinct concerning your information in compliance with the then-current version of the Instinct Privacy Policy.

11. 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 such formal transfers, assignments, and other documents as we may reasonably require.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about Instinct you provide are non-confidential and shall become the sole property of Instinct. 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 Software 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 Software, such as a denial of service attack.

12. Termination by Instinct

If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for us, or take any action or omission that we reasonably deem inappropriate in our sole discretion, we can suspend your access to or use of Instinct Software or terminate your account. We may use any means to identify violations of this Terms of Use.

13. Modifications to Terms of Use

We may change these Terms of Use from time to time in our sole discretion and post any such changes on Instinct Software. Notices of these changes may be posted in Instinct Software. Your continued use of Instinct Software following the posting of changes constitutes your acceptance of any such changes.

14. Modification or Suspension of Instinct Software

You agree that we may, in our sole discretion, and at any time, modify, discontinue, or suspend its operation of Instinct Software, or any part of Instinct Software, temporarily or permanently, without notice to you, and you agree that we will not be liable for any consequences of doing so.

15. Electronic Communications

When you communicate with us via email or Instinct Software, you communicate with us electronically. You agree that we may communicate electronically. 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.

16. Compliance with Laws

You agree to comply with all applicable laws, statutes, rules, and regulations regarding your use of Instinct Software, including intellectual property and privacy laws.

17. Instinct Intellectual Property Rights

You acknowledge that content available through Instinct Software, including 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 Software is copyright protected and owned by Instinct. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on Instinct Software or any content available through Instinct Software. 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 Software 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 Software, without our express, prior written consent, and you may not remove or obscure the copyright notice or other notices displayed on the content. Nothing contained in these Terms of Use or on Instinct Software shall be construed as conferring any license or right, expressly, by implication, by estoppel, or otherwise. Any rights not expressly granted in these Terms of Use are reserved.

18. Trademarks and Logos

The trademarks, logos, service marks, names, and tag lines, including “Instinct”, displayed on Instinct Software (collectively the “Marks”) identify Instinct’s products and services, and inform the public that we are the source of those products and services. Nothing on Instinct Software should be construed as granting any right or license to use any Mark. 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 service marks;
In a manner likely to cause confusion;
In a manner that implies inaccurately that Instinct sponsors, endorses, or is otherwise connected with you, your products, services, or other activities; or
In a manner that disparages Instinct 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.

19. Applicable Law
These Terms of Use and the resolution of any dispute related to these Terms of Use or Instinct Software (including the Instinct Privacy Policy) shall be governed by and construed in accordance with the laws of the United States, including federal copyright and trademark laws. All disputes related to contract law will be governed by the laws of the State of Delaware, without giving effect to any principles of conflicts of law or choice of law.

20. Dispute Resolution

20.1 Mandatory Arbitration of Disputes. THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS YOU MAY HAVE AGAINST US OR THAT RELATE IN ANY WAY TO OR ARISE OUT OF THESE TERMS OF USE OR YOUR USE OF INSTINCT SOFTWARE SHALL BE FINAL AND BINDING ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF INSTINCT SOFTWARE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

Notwithstanding the foregoing, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated these Terms of Use, then we acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. 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.

20.2 Opt Out. As limited exceptions to the section above: (i) you may seek to resolve a dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the misuse of Instinct Software or infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so at the contact address outlined in these Terms of Use.

20.3 Exceptions. If the required arbitration provisions above are not enforced for any reason, any legal action or proceeding between us and you related to these Terms of Use or Instinct Software (including our privacy policy) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the state of Delaware, and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that this is an inconvenient forum.

20.4 Changes to Arbitration Provision. If Instinct changes any of the terms of this section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you agree that you will arbitrate any Dispute between you and Instinct per the terms of this section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

21. Use of Instinct Software by Children
Instinct Software is not intended for children under the age of 18, and as provided in the Terms of Use, you must be at least 18 to use Instinct Software. If you are under the age of 18, please do not attempt to register for Instinct Software or provide any information about yourself to us. If we learn that we have collected personal information from a child under the age of 18, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of 18, please contact us at legal@instinct.vet.

22. Order of Precedence
If you enters into a separate written agreement with Instinct regarding access to and use of Instinct Software (a “Customer Agreement”), the terms of the Customer Agreement will govern your use of Instinct Software. If not, the complete agreement between you and Instinct includes these Terms of Use the Subscription Terms (if applicable), the Acceptable Use Policy, the Instinct Privacy Policy, and if using a mobile device to access Instinct Software, the End User License Agreement. In the event of conflict between any of these documents, the order of precedence in resolving such conflict is as follows: (i) Customer Agreement and/or order form (if applicable); (ii) Subscription Terms; (iii) Acceptable Use Policy; (iv) End User License Agreement; (v) Instinct Privacy Policy.

23. Severability of Terms
If any provision of these Terms of Use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in these Terms of Use shall continue in full force and effect.

24. Who We Are
Instinct Software websites and application platforms are owned and operated by Instinct Science Holdings, LLC and/or its subsidiaries. As used in these Terms of Use, “we”, “us” and “our” means and refers to Instinct Science, LLC. In these Terms of Use, “include” (and terms such as “includes” and “including”) shall not be construed as a term of limitation but shall be construed as if followed by the words “without limitation.”

25. Contact Us
If you have any questions or concerns about these Terms of Use or Instinct Software, you may contact Instinct at the address or email address listed below.
Instinct Science Holdings, LLC
1209 Orange Street
Wilmington, DE 19801
Email: legal@instinct.vet

Legal

General Terms of Use

​

​You may not create multiple accounts or an account for someone other than yourself, transfer your account, 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.

Our Privacy Policy governs personal information that you submit to us.

​

It is critical that you keep your 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.

​

9. User Etiquette

You may not access Instinct Software 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 Software, such as a denial of service attack.

​

To identify materials or services that are not Instinct materials or services;

In, as, or part of your own trademarks or service marks;

In a manner likely to cause confusion;

In a manner that implies inaccurately that Instinct sponsors, endorses, or is otherwise connected with you, your products, services, or other activities; or

In a manner that disparages Instinct 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.

You may not create multiple accounts or an account for someone other than yourself, transfer your account, solicit login information, or access an account belonging to someone else.