Version 4, October 25, 2024.

 

Welcome to Pawsome Health!​

​

These Terms of Service ("Terms") govern your access to and use of the Pawsome Health website (the "Website") and the services offered by Pawsome Health (the "Services").

By accessing or using the Website or the Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you are not authorized to use the Website or the Services.

THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS, A WAIVER OF CLASS ACTION AND YOUR RIGHT TO A JURY TRIAL AND CONTAIN IMPORTANT DISCLAIMERS OF WARRANTIES, LIMITATIONS ON LIABILITY AND WAIVERS.  Please read the entire Terms of Use, but please read all capitalized provisions carefully as they contain important disclaimers of warranties, limitations on liability and waivers.

 

1. Plan and Eligibility

1.1. To purchase a Pawsome Health plan, you must be at least 18 years old and a legal resident of the United States.

1.2. You are responsible for providing accurate and complete information during the plan registration process and we must be able to verify you are, who you say you are.

1.3. Pawsome Health reserves the right to refuse plan purchase for any reason.

1.4. Pawsome Health is not an investment program. Your plan account deposits are not invested in traditional financial instruments and do not carry any investment risk.

1.5. Pawsome Health is not an insurance company.

1.6. Pawsome Health is not a bank.

1.7. If you purchase a Pawsome Health plan you must complete the identity verification process with a third-party service within 14 days of initial plan purchase.

1.8. You agree to maintain true, accurate, current and complete information about yourself. Should your information change, you are obligated to provide updated information as soon as possible and if prompted to do so, complete the identity verification process again.

1.9. Use of certain services may have further eligibility requirements as permitted by applicable law.

1.10. Certain features of the services may be limited depending on the state in which you reside, the date on which you purchased your plan or other factors.

1.11. Under penalties of perjury, you certify that the social security number, taxpayer identification number, or other personal details are correct.

1.11. Under penalties of perjury, you certify that you are not subject to backup withholding because: (a) You are exempt from backup withholding, or (b) You have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.

1.12. Under penalties of perjury, you certify that you are a U.S. citizen or other U.S. person

1.13. USA Patriot Act Disclosure: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.

1.14. If you fail to complete the identity verification process when prompted to do you, your plan will be automatically cancelled in accordance with the provisions of these terms.

 

2. Plans and Fees

2.1. Pawsome Health offers different plans with varying benefits and fees.

2.2. You can find a detailed description of each plan, including monthly deposit amounts and benefits, on the Website.

2.3. Plan prices are subject to change, but we will provide you with reasonable notice of any such changes.

2.4. Pawsome Health welcomes all pets! You can add any pet to your plan, regardless of species or age.

2.5. You are responsible for maintaining accurate information about your pets in your plan account portal.

2.6. Our payment provides charges a payment processing fee based on your chosen payment method and amount with each monthly payment. This fee is deducted from the amount deposited to your plan account. When signing up for a plan and when making changes to the plan tier and/or amount you can see how your payment is distributed between plan payment, payment processing fee and deposit.

2.7. Our payment provider charges a one-time fee for setting up connections with U.S. bank accounts. This fee is waived on your initial plan registration but deducted from your account balance for subsequent payment method changes through the plan account portal. The amount will be displayed during the process of setting up a payment method and you can cancel the process without incurring this charge.

2.8. Pawsome Health reserves the right to adjust these fees as needed.

 

3. Deposits and Account Management

3.1. As a plan holder, you agree to make monthly payments to your dedicated pet healthcare plan account ("Account").

3.2. Payments are made automatically through a subscription that is set up as part of the registration process. By completing the registration process you agree to allow Pawsome Health to charge your registered payment method in accordance with the terms of your plan.

3.3. You are responsible for managing your account, including tracking deposits, reimbursements and account balance. In your plan account portal you can see all transactions made on your account including distribution of your monthly payment amount.

3.4. You are responsible for keeping a valid payment method registered to your plan account such that the monthly payments can be successfully processed. Your can maintain your payment method through your plan account portal.

3.5. To avoid excessive fees being applied to your account, you can only set up an ACH (bank transfer) connection to a US bank account once per billing cycle.

3.6. You can adjust your monthly payment amount at any time within your plan's range:

• Tier-1: Minimum monthly payment: $25. Maximum monthly payment: $200. You can select a payment amount in increments of $25 within this range.

• Tier-2: Minimum monthly deposit: $50. Maximum monthly deposit: $330. You can select a payment amount in increments of $40 within this range.

• Tier-3: Minimum monthly deposit: $75. Maximum monthly deposit: $425. You can select a payment amount in increments of $50 within this range.

3.7. The cost of the plan as well as the payment processing fee will be deducted from each monthly payment amount and the remaining amount is deposited to your plan account.

3.8. You may pause your deposits for a maximum period as determined by your plan.

3.9. When your deposits are on pause you will only pay the monthly plan price.

3.10. When your deposits are on pause you will still have access to all benefits of your plan.

3.11. You may resume your deposits at any time, but no later than what is allowed by your plan. Failing to resume your plan at the end of the allowed period will cause your plan to be automatically cancelled under the same conditions that would have applied if the plan had been terminated by you.

 

4. Reimbursements

4.1. Pawsome Health does not maintain a list of covered expenses. All costs incurred with a verified pet healthcare provider are valid for reimbursement through your plan account.

4.2. To request reimbursement, submit an online request through your plan account portal and upload receipts or invoices from your pet healthcare provider.

4.3. We will review your request and make a determination within 10 business days of receiving a complete submission.

4.4. We reserve the right to deny reimbursement for expenses that are clearly not pet healthcare costs, not related to a pet registered on your plan or not incurred with a verified/or verifiable pet healthcare provider.

4.5. During the reimbursement request process, you must either select an existing verified pet healthcare provider from our registry or submit the required details of one that is not currently registered with Pawsome Health.

4.6. When requesting reimbursement for a cost incurred with a pet healthcare provider that is not already in our registry, said provider will as part of the processing of the reimbursement need to pass our provider verification process for the reimbursement to be approved. If the provider fails the verification process, the reimbursement will be denied.

4.7. You may at your decision associate a pet healthcare provider with your plan and authorize us to send funds directly to said provider as part of processing a reimbursement request.

4.8. You can use a quote as documentation for a reimbursement request and have the funds sent directly to your pet healthcare provider either prior to treatment or delivery of service only if the chosen pet healthcare provider is in our registry and associated with your plan account and you have provided the necessary authorization for Pawsome Health to send funds to the provider on your behalf.

4.9. When sending funds directly to a pet healthcare provider based on a quote and thus prior to treatment or service, you are required to provide the final invoice or receipt after treatment or service. If the final amount is lower than the amount which have been previously sent directly to the pet healthcare provider, you are responsible for returning the difference to Pawsome Health.

4.10. If you fail to provide the final invoice, or to not ensure that any difference as mentioned above is returned to Pawsome Health when directed to do so and within the timeframe communicated to you, you will be held liable for the portion of the previously sent amount that exceeds the prior balance of your account excluding unspent interest.

 

5. Pet Healthcare Providers

5.1. Your plan account balance as well as the benefits included with your plan can only be used for reimbursement of pet healthcare related costs incurred with pre-verified or verifiable pet healthcare provider.

5.2. Pawsome Health keeps a registry of verified pet healthcare providers.

5.3. You can request to have a new pet healthcare provider added to our registry and associated with your plan account.

5.4. Pawsome Health reserves the right to deny and pet healthcare provider to be added to our registry and/or used for reimbursement, if said provider does not meet our criteria for verification.

5.5. A pet healthcare provider who is a veterinarian must be a validly licensed veterinarian in the state where they operate and provide treatment.

5.6. A pet healthcare provider who is not a veterinarian must be able to document their legitimacy as a pet healthcare provider by some other means including - but not limited to – one or more of the following:

• A registered business in good standing in the state in which they operate and provide treatment or service.

• A documented record of performing the service they are quoting or invoicing for.

• The service or treatment they provide must objectively and reasonably using a common sense and agreed public evaluation be categorized as pet healthcare.

5.7. Pawsome Health reserves the right to adjust the requirements for pet healthcare provider verification at their will and without notice.

5.8. Pet healthcare providers in our registry will regularly be required to pass re-verification at the discretion of Pawsome Health.

 

6. Overdraft Option

6.1. The overdraft option is available in all plans and allows you to "overdraw" on your account balance for reimbursements. This provides a financial safety net for unexpected vet bills.

6.2. The maximum overdraft amount depends on your chosen plan (details available on the website).

6.3. Future monthly deposits will automatically replenish any funds used from the overdraft.

6.4. There are no fees or interest charged for using the overdraft option.

6.5. You can only use the overdraw option if your account prior to the reimbursement has a positive balance.

6.6. If your account has a negative balance due to the overdraw option being used for a previous reimbursement, you may not cancel your plan until such time when your account balance is zero or positive.

6.7. To replenish to account faster than through your regular monthly payments, you may issue a one-time payment to Pawsome Health. Please note, that such a payment is subject to a fee at the discretion of Pawsome Health to cover for the loss of the regular plan renewal payment. Please contact the Pawsome Health service team through the contact form on our website or by email to info@pawsome-health.com.

6.8. There are no credit score requirements for using any of Pawsome Health's plans or benefits.

6.9. Pawsome Health reserves the right to change the terms or discontinue offering the overdraw option for any reason and without notice.

6.10. Pawsome Health reserves the right to deny any overdraw request if, in our sole discretion, approving such a request poses a financial, operational, or reputational risk to the company. This decision may be based on factors including, but not limited to, the plan holder's account history, the financial stability of the overall plan pool, or any other considerations deemed significant to the protection and sustainability of Pawsome Health.

 

7. Grant Opportunities

7.1. After a period of consistent membership (as defined by Pawsome Health), plan holders become eligible to apply for a one-time grant to assist with pet healthcare costs.

7.2. Grant eligibility and award amounts are subject to change at the discretion of Pawsome Health.

7.3. Complete details and application procedures for grants will be available on the Website.

7.4. Grant eligibility is recurring such that a grant may be applied for and awarded once within every grant eligibility earning period.

7.5. The grant eligibility applicable to your plan is determined by your chosen plan and subject to change.

7.6. During any period where your monthly deposits are paused your plan will not progress towards its next grant eligibility.

7.7. Grant eligibility does not guarantee being awarded a grant.

7.8. When changing your plan to a plan that offers more favorable grant opportunities (either the earning period or the amount), your progress towards the next eligibility will be reset. Already existing grant eligibility wont’ be affected.

7.9. If eligible, you may apply for a grant while filing a reimbursement request. If the total cost of the reimbursement request exceeds your maximum reimbursement amount (which includes other Pawsome Health benefits), you may be awarded a grant in the amount of the difference between your maximum reimbursement amount and the total cost of the treatment or service up to the maximum grant amount applicable to your plan.

7.10. Pawsome Health reserves the right to deny any grant request if, in our sole discretion, approving such a request poses a financial, operational, or reputational risk to the company. This decision may be based on factors including, but not limited to, the plan holder's account status, the overall financial health of the plan pool or designated grant fund, or other considerations deemed critical to maintaining the long-term sustainability of Pawsome Health.

7.11. At our discretion, previously awarded grant amounts may be deducted from the amount returned to you upon cancellation of your plan.

 

8. Growing Your Account Balance

8.1. Your monthly deposit is pooled with all other plan accounts.

8.2. At our discretion, this pooled sum may be fully or partly entrusted to one or more reputable, third-party financial partners specializing in managing funds.

8.3. Pawsome Health and our entrusted partners seek financial or investment products of their choice to maximize the interest earned on the combined deposits.

8.4. It's important to understand that our Services are not investments and doesn't guarantee specific returns.

8.5. While we and our partner work diligently to maximize interest yielded, there's no guarantee of a specific growth rate.

8.6. Our Services are designed to protect your principal deposits. This means the amounts you deposit will remain secure.

8.7. Pawsome Health and any third party entrusted with the pooled sum from deposits made from plan holders, are NOT allowed to make any decision on the use of financial or investment product that would pose risk of loss of said pooled sum due to the speculative nature of the chosen financial or investment product.

8.8. A portion of the interest yielded through these activities are distributed proportionately to plan accounts.

8.9. Earned interest is distributed regularly at the discretion of Pawsome Health to eligible plan accounts proportionally and in accordance with the conditions of the plan applicable at the time of distribution.

8.10. Pawsome Health aims to distribute interest monthly.

8.11. Within the first 14 days of your initial plan purchase your plan is not eligible to receive interest.

8.12. Accrued interest on your plan account is spent through reimbursement of your pet healthcare costs. When processing a reimbursement, Pawsome Health first spends your available unspent interest.

8.13. Unspent interest is deducted from the amount returned to you upon cancellation of your plan.

 

9. Gift-A-Plan

9.1. The Gift-A-Plan is a prepaid pet healthcare plan that can be purchased as a 3-month or 6-month plan, with the final month provided free of charge.

9.2. Upon purchase, the buyer selects a plan tier and deposit amount. The total purchase cost will include the prepaid plan price, less the discount for the final month, plus the selected deposit amount.

9.3. A payment processing fee is applied by our payment provider and is deducted from the deposit amount. The remaining deposit is transferred to the recipient’s plan account upon activation. A full payment breakdown will be provided in the purchase confirmation email.

9.4. To activate a Gift-A-Plan, the recipient must enter the provided activation code at https://www.pawsome-health.com/activate-my-gift-a-plan and complete required registration steps including identity verification within 14 days of activation.

9.5. Once activated, the recipient cannot cancel or modify the plan tier or deposit amount during the prepaid period.

9.6. All features and benefits of a Pawsome Health plan are available to the recipient during the prepaid period, including account growth through pooled interest.

9.7. Recipients must meet the eligibility requirements as stated in our Terms of Service to activate the Gift-A-Plan. This includes completing identity verification within 14 days after activation.

9.8. Failure to complete identity verification within the specified period will result in plan cancellation, and the deposit amount will be refunded to the original purchaser.

9.9. Gift-A-Plan purchases are fully refundable within 14 days from the date of purchase, provided the plan has not been activated.

9.10. After activation, refunds are no longer possible, and the plan will remain active until the end of the prepaid period.

 

10. Disclaimer of Warranties

10.1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAWSOME HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PAWSOME HEALTH MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

10.2. If you are a user from a jurisdiction that does not allow the exclusion of certain types of warranties, you agree that the foregoing section 9.1. is intended to be as broad as permitted under the laws of such jurisdiction. If any portion of this section is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections.

 

11. Limitation of Liability

11.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAWSOME HEALTH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAWSOME HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF OR LOSS OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PAWSOME HEALTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PAWSOME HEALTH IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

11.2. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

11.3. IF YOU ARE A USER FROM NEW JERSEY OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY OR SUCH OTHER JURSIDICITON. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY OR SUCH OTHER JURSIDICTION, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

 

12. Term and Termination

12.1. These Terms shall remain in full force and effect while you use the Website or Services.

12.2. You may terminate your plan at any time only if your plan account has a zero or positive balance.

12.3. If your plan account has a negative balance and you wish to terminate your account immediately you may do so by submitting a one-time payment covering the negative amount plus a one-time fee of $50. Please contact the Pawsome Health service team through the contact form on our website or by email to info@pawsome-health.com.

12.4. Pawsome Health may terminate your plan or suspend your access to the Website or Services for any reason, at any time, with or without notice.

 

13. Refund Policy

13.1. Upon cancellation, you will receive a refund of your remaining account balance, minus the following deductions:

• Grants you've been awarded in the last 18 months.

• Unspent growth accrued on your account balance through our collective efforts to maximize interest earned. (This growth helps us maintain a sustainable system for all plan accounts.)

13.2. If the result of the mentioned deduction results in a negative amount, you will not be required to repay this amount.

13.3. If you cancel your plan within the first 14 days of your first plan purchase, you will receive a full refund.

 

14. Intellectual Property

14.1. The technology and software underlying the Services and the Mobile App or distributed in connection therewith are the property of Pawsome Health, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Pawsome Health.

14.2. You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.

14.3. The Pawsome Health name and logos are trademarks and service marks of Pawsome Health (collectively, the “Pawsome Health Trademarks”). Other Pawsome Health products, and Service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Pawsome Health. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Pawsome Health Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of the Pawsome Health Trademarks will inure to our exclusive benefit.

14.4. With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant to Pawsome Health and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

14.5. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Pawsome Health, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

14.6. Copyright Complaints: We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Pawsome Health’s Copyright Agent at dcma@pawsome-health.com (Subject line: “DMCA Takedown Request”). You may also contact our Copyright Agent by mail at: 16162 Coastal Hwy, Lewes, DE-19958.

14.7. Copyright Notices: To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

14.8. Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature;

• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

• If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

14.9. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Pawsome Health Users who are deemed to be repeat infringers.

14.10. We may also in our sole discretion limit access to the Service and/or terminate access to the Pawsome Health Account of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

15. Third Party Information

15.1. Third-Party Account Information: To use the Services, you authorize Pawsome Health to retrieve your transaction history, balance information, and/or other information maintained by third parties with which you have relationships, maintain accounts or engage in financial transactions and including, without limitation, any other bank partner through which we may offer our Services.

15.2. Pawsome Health works with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes and to offer you other Pawsome Health products and services that may be of interest to you.

15.3. By using the Services, you authorize Pawsome Health to access this information maintained by such third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us.

15.4. Pawsome Health may, but is not required to, review the Third-Party Account Information for accuracy, legality or non-infringement, and Pawsome Health is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites.

15.5. You acknowledge that any Third-Party Account Information that is displayed through the Services will correspond to the information provided by third parties, and that this information may not reflect pending transactions or other recent activity.

 

16. Links to Other Websites and Content

16.1. Our Services may appear on, or link to, or third-party links, websites, or content.

16.2. We have no control over such sites and resources and are not responsible for and do not endorse such sites and resources.

16.3. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource.

16.4. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.

 

17. Third-party Distribution Channels.

17.1. We may offer software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel.

17.2. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.

17.3. Further, you may be consenting to share certain personal information with us when you install one of our software applications through a distribution channel.

17.4. With respect to software that is made available for your use in connection with an Apple-branded product (such software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

• Pawsome Health and you acknowledge that these Terms of Service are concluded between Pawsome Health and you only, and not with Apple Inc. (“Apple”), and that as between Pawsome Health and Apple, Pawsome Health, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the “Usage Rules” set forth for Apple-Enabled Software in, or otherwise be in conflict with, the applicable App Store Terms of Service.

• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Pawsome Health’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

• Pawsome Health and you acknowledge that Pawsome Health, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

• In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Pawsome Health and Apple, Pawsome Health, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

• If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Pawsome Health as follows: info@pawsome-health.com, at 16192 Coastal Hwy, Lewes, DE-19958.

• Pawsome Health and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

• You acknowledge that we may establish general practices and limits concerning use of the Service, including, without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

 

18. Consent to Receive Communications

18.1. General Consent: To provide you with the best possible service in our ongoing business relationship, we may need to contact you about your Pawsome Health Account or the Services from time to time by text messaging, push notifications and/or email. However, we must first obtain your consent to contact you about your Pawsome Health Account or the Services because we must comply with the consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act, and their related federal regulations and orders issued by the Federal Communications Commission (FCC).

18.2. Your consent is limited to your Pawsome Health Account and the Services, and as authorized by applicable law and regulations. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers.

18.3. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.

18.4. With the above understandings, you expressly consent to be contacted by us or our affiliates at any telephone number (including mobile or landline), e-mail address, mailing address, or physical or electronic address, in each case, that you provide or at which you may be reached.

18.5. You agree we, our affiliates, agents, or service providers may contact you in any way, including by e-mail, SMS messages (including text messages) and calls using prerecorded messages or artificial voice at any phone number you have provided to us, including any mobile phone number, as well as any address in our records or in public or nonpublic databases.

18.6. You understand that the purpose of our communication may be marketing or transactional.

18.8. You understand that you are not required to provide consent to marketing SMS messages as a condition to accessing our Services or products. You may withdraw your consent to SMS communications by replying STOP to the SMS message, or by contacting us at info@pawsome-health.com.

18.9. You agree that we and our agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded or monitored line and that any incoming calls may also be recorded and monitored.

18.10. This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call.

18.11. You further authorize us to contact you through the use of voice, voicemail and text messaging, including the use of pre-recorded or artificial voice messages and an automated dialing device.

18.12. If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us. To revoke the consent provided pursuant to this subsection, you must send 10 days’ prior written notice of such revocation to info@pawsome-health.com.

18.13. You are responsible for any and all charges, including fees associated with text messaging, imposed by your communications service provider. You also agree to receive alerts about your Pawsome Health Account activity, balances, payments, suspicious activities, and other matters involving your use of the Services through push notifications to your smartphone or other device.

18.14. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider.

18.15. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes.

18.16. Each push notification may not be encrypted, and may include your name and information pertaining to your Pawsome Health Account or use of the Mobile App. We may terminate your use of push notifications at any time without notice.

18.17. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or device.

18.18. Monitoring and Recording Telephone Calls: We may monitor or record phone calls for security reasons, to maintain a record, and to ensure that you receive courteous and efficient service.

18.19. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation. We are not required to act upon instructions you give us by voice mail or on a telephone answering machine.

 

19. Indemnity and Release

19.1. You agree to release, indemnify and hold Pawsome Health, and its officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to these Terms of Service and applicable law; (3) any action or omission by you in violation of these Terms of Service or applicable law; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.

19.2. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

19.3. If you are a user from a jurisdiction that does not allow the certain indemnification obligations, you agree that the foregoing section titled “Indemnity” is intended to be as broad as permitted under the laws of such jurisdiction. If any portion of this section is held to be invalid under the laws of such jurisdiction, the invalidity of such portion will not affect the validity of the remaining portions of the applicable sections.

 

20. Not Legal, Tax, or Financial Advice

20.1. PAWSOME HEALTH DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE MOBILE APP OR THE SERVICES. PAWSOME HEALTH IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. PAWSOME HEALTH ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISIONS.

 

21. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

21.1. This Dispute Resolution provision (this “Dispute Resolution Provision”) sets forth the circumstances and procedures under which Claims (as defined below) will be arbitrated instead of litigated in court upon the election of either party.

21.2. Neither you nor we will have the right to: (1) have a court or a jury decide the dispute; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action in court or in class arbitration; or (4) join or consolidate a claim with claims of any other persons.

21.3. Arbitration procedures are simpler and more limited than rules applicable in court.

21.4. The decision of the arbitrator is final and binding.

21.5. As used in this Dispute Resolution Provision, the term “Claim” means any claim, dispute, or controversy between you and Pawsome Health, or any of its agents or retailers, arising from or relating to these Terms of Service or the Services as well as any related or prior agreement that you may have had with us, including the validity, enforceability or scope of this Dispute Resolution Provision or the Terms of Service. “Claim” includes claims of every kind and nature, including, but not limited to, initial claims, counterclaims, crossclaims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced.

21.6. We will not elect to use arbitration under the Dispute Resolution Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court will be pursued only in arbitration.

21.7. As used in this Dispute Resolution Provision, the terms “we” and “us” will for all purposes mean Pawsome Health, our wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns, and our agents, employees, directors and representatives. In addition, “we” or “us” will include any third party using or providing any product, service or benefit in connection with the Services (including, but not limited to, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you.

21.8. As solely used in this Dispute Resolution Provision, the terms “you” or “yours” will mean all persons or entities using the Services.

21.9. NEITHER YOU NOR WE ARE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY COURT ACTION OR ARBITRATION, OR TO INCLUDE IN ANY COURT ACTION OR ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, UNLESS THOSE PERSONS ARE BENEFICIARIES ON YOUR ACCOUNT. THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. FURTHER, NEITHER YOU NOR WE HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT, SUBJECT TO THE SECTION TITLED EXCLUDED CLAIMS, OR HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA.

21.10. Any Claim will be resolved, upon the election by you or us, by arbitration pursuant to this Dispute Resolution Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed.

21.11. Claims will be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration.

21.12. If a selection by us of one of these organizations is unacceptable to you, you will have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator.

21.12. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

21.13. If either party elects to resolve a Claim by arbitration, that Claim will be arbitrated on an individual basis.

21.14. There is no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other account holders or other persons similarly situated.

21.15. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone.

21.16. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

21.17. Any arbitration hearing that you attend will take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration.

21.18. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal).

21.19. If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

21.20. This Dispute Resolution Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”).

20.21. The arbitration will be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Dispute Resolution Provision will control if it is inconsistent with the applicable Code.

21.22. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law and, at the timely request of either party, will provide a brief written explanation of the basis for the decision.

21.23. In conducting the arbitration proceeding, the arbitrator will not apply the Federal or any state rules of civil procedure or rules of evidence.

21.24. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the other party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be at the sole discretion of the arbitrator who will notify the parties of his/her decision within twenty (20) days of the objecting party’s submission.

21.25. The arbitrator will take reasonable steps to preserve the privacy of individuals, and of business matters.

21.26. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

21.27. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which will consider anew any aspect of the initial award objected to by the appealing party. The appealing party will have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal will be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel, which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel will be by majority vote and will be final and binding.

21.28. This Dispute Resolution Provision will survive termination of your Pawsome Health Account, your use of the Services, these Terms of Service and any bankruptcy by you or us.

21.29. If any portion of this Dispute Resolution Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it will not invalidate the remaining portions of this Dispute Resolution Provision, these Terms of Service or any prior agreement you may have had with us, each of which will be enforceable regardless of such invalidity.

 

22. Entire Agreement

22.1. These Terms of Service constitute the entire agreement between you and Pawsome Health and govern your use of the Service, superseding any prior agreements between you and Pawsome Health with respect to the Service; provided, however, that you may also be subject to additional terms and conditions for products or Services provided by Pawsome Health, as applicable.

22.2. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America without regard to its conflict of law provisions.

22.3. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Pawsome Health agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Eastern Sussex County, Delaware.

22.4. These Terms of Service constitute the entire agreement between you and Pawsome Health and govern your use of the Service, superseding any prior agreements between you and Pawsome Health with respect to the Service; provided, however, that you may also be subject to additional terms and conditions for products or Services provided by Pawsome Health, as applicable.

22.5. The failure of Pawsome Health to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

22.6. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

22.7. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22.8. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

22.9. You may not assign these Terms of Service without the prior written consent of Pawsome Health, but Pawsome Health may assign or transfer these Terms of Service, in whole or in part, without restriction.

22.10. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

 

23. Notice for California Users

23.1. Under California Civil Code Section 1789.3, users of the service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Pawsome Health LLC., 16192 Coastal Hwy, Lewes, DE-19958.

 

24. Severability

24.1. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

 

25. Amendment

25.1. Pawsome Health reserves the right to amend these Terms at any time by posting the amended terms on the Website.

25.2. It is your responsibility to periodically review the Terms for any changes.

 

26. Contact Us

26.1. If you have any questions about these Terms, please contact us at info@pawsome-health.com or by mail at: Pawsome Health LLC, 16192 Coastal Hwy, Lewes, DE-19958