Terms of Service & End User License Agreement

Effective date: 06/01/2026 ·  Last updated: 06/01/2026

These Terms of Service and End User License Agreement (these "Terms") govern your access to and use of the PawVitals mobile application for iOS and Android (the "App"), the PawVitals website on which these Terms are published (the "Site"), and all related features, content, and services we make available (together with the App and Site, the "Service"). The Service is provided by Appsgenx Inc (trading as PawVitals), , a company organized under the laws of the United States, ("PawVitals," "we," "us," or "our"). "You" and "your" mean the individual using the Service.

These Terms should be read together with our Privacy Policy, which is incorporated by reference and describes how we handle information. For help, see our Support page.

1. Agreement to these Terms; acceptance & eligibility

1.1 A binding agreement

By downloading, installing, accessing, or using the Service — including by tapping "Agree," starting a free trial, purchasing a subscription, or simply continuing to use the App — you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not download, install, access, or use the Service, and you should uninstall the App.

1.2 Eligibility & age

You must be at least 18 years old (or the age of legal majority in your place of residence, if higher) to use the Service. If you are under the age of majority but at least the minimum age we permit, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to these Terms on your behalf. The Service is intended for adults managing the care of animals and is not directed to children. If you do not meet these requirements, do not use the Service.

1.3 Legal capacity & authority

You represent and warrant that you have the legal capacity to enter into a binding contract and are not barred from using the Service under any applicable law. If you use the Service on behalf of another person, a household, or an organization, you represent and warrant that you have authority to bind that person or entity to these Terms, in which case "you" refers to both you individually and that person or entity.

1.4 Compliance

You represent and warrant that you are not located in, and will not use the Service from, a country or region subject to comprehensive government sanctions that would make your use unlawful, and that you are not on any restricted-party or denied-persons list. You agree to use the Service only in compliance with these Terms and all applicable laws.

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2. Definitions

In these Terms, capitalized terms have the meanings below. Other capitalized terms are defined where first used.

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3. Description of the Service

PawVitals is a local-first pet-health logging and organizing tool for owners managing a pet's chronic condition or the ordinary needs of a senior animal. In general terms, the Service lets you:

• create pet profiles and select condition "playbooks" (for example, diabetes, kidney disease, seizures, arthritis/mobility, or general care) that turn on relevant logs;
• record medications and doses, readings (such as glucose, weight, blood pressure, or temperature), fluid logs, seizure events and timers, appetite, and quality-of-life assessments;
• visualize what you have entered as trends and charts, and receive local reminders you configure;
• store documents and photos in an on-device vault;
• generate a "vet brief" summary and export your data (PDF, CSV, or JSON); and
• optionally enable cloud backup, an account, family/household sharing, and AI Features.

Core features work on your device without an account and without a network connection. The Service records and visualizes only what you enter. Any flags, trends, "decline radar" observations, or AI summaries are informational aids derived from your own data; they are not conclusions about your animal's health.

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4. What the Service is NOT

To avoid any doubt, the Service is not, and must not be relied upon as, any of the following:

• a medical device, or software intended to diagnose, cure, treat, mitigate, or prevent any disease or condition in any animal or human;
• a source of veterinary or medical advice, diagnosis, dosing, or treatment recommendations;
• a substitute for examination, testing, judgment, or care by a licensed veterinarian;
• a monitoring, alarm, life-safety, or emergency-response system;
• a guaranteed-delivery reminder, alerting, or dosing-management system (see Sections 6 and 19);
• a certified, validated, or clinically-tested product; we make no claim of any regulatory clearance, approval, or certification; or
• a data-backup or record-of-authority service that we guarantee to preserve (see Section 20).

The values, ranges, and thresholds the App may display are values you entered from your own veterinarian. PawVitals does not originate, endorse, or verify them.

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5. NOT veterinary or medical advice

5.1 Informational and organizational only

The Service is provided for general informational and organizational purposes only. Its outputs — including logs, charts, trends, flags, "decline radar" observations, vet briefs, and AI summaries — are observations, not advice, diagnosis, prognosis, dosing, or treatment. They do not establish, and are not a substitute for, professional veterinary care.

5.2 No veterinarian–client–patient relationship

Use of the Service does not create a veterinarian–client–patient relationship between you (or your animal) and PawVitals or any Provider party. PawVitals is not a veterinarian, is not licensed to practice veterinary medicine, and does not practice veterinary medicine. No content in the Service is intended to be, or should be treated as, the practice of veterinary medicine.

5.3 Do not delay or disregard professional advice

Never disregard, avoid, or delay obtaining professional veterinary advice because of something you saw, entered, or generated in the Service. Always seek the advice of a licensed veterinarian with any questions about your animal's health, medications, dosing, diet, or condition. Decisions about diagnosis, medication, and dosing must be made by a qualified professional, not by the App and not solely in reliance on the App.

5.4 Emergencies

If your animal is experiencing an emergency, or you believe an emergency may be occurring, contact your veterinarian or an emergency animal hospital immediately. Do not use the Service in place of professional emergency care. The Service is not designed for, and must not be relied upon in, emergencies (see Section 19).

5.5 Target ranges are user-entered

Any target range, threshold, or "normal" value shown in the App was entered by you from values your own veterinarian provided. PawVitals does not generate, recommend, validate, or take responsibility for those values. You are solely responsible for entering them correctly and for keeping them current with your veterinarian's guidance.

5.6 AI outputs are observations, not advice

Where you enable AI Features, their outputs are automatically generated observations that may be incomplete, inaccurate, or unsuitable for your situation. They are not veterinary advice, diagnosis, dosing, or treatment, and must not be relied upon as such (see Section 14).

5.7 You assume all risk

You acknowledge and agree that you use the Service, and make any decisions informed by it, entirely at your own risk, and that you assume all risk and responsibility for those decisions and their outcomes.

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6. Assumption of risk & your responsibilities

6.1 Accuracy of what you enter

The Service can only record and display what you enter. You are solely responsible for the accuracy, completeness, timeliness, and appropriateness of all User Content, including pet details, medications, doses, readings, target ranges, and notes. Inaccurate or incomplete entries will produce inaccurate or misleading charts, trends, flags, briefs, and summaries. We do not verify User Content.

6.2 Reliance and veterinary decisions

You are solely responsible for how you interpret and act on anything in the Service. All decisions about your animal's care — including whether to seek care, what medications to give, and what doses to administer — are yours to make with a licensed veterinarian. You agree not to rely solely on the Service for any such decision.

6.3 Reminders, notifications, and time-sensitive alerts may fail

Reminders, notifications, refill runways, timers, and other time-sensitive features are conveniences, not guarantees. They depend on your device, its operating system, its settings (including permissions, battery, "do not disturb," focus modes, power-saving, and background limits), platform delivery systems, connectivity, and other factors outside our control. Notifications and alerts may be delayed, silenced, duplicated, reordered, or not delivered at all. You must not rely solely on the Service for critical, time-sensitive, or life-affecting tasks such as administering doses. Maintain your own independent method of tracking and confirming critical care.

6.4 Device and environment

You are responsible for the devices, operating systems, software, connectivity, and settings you use with the Service; for keeping the App updated; for maintaining device security (screen lock, OS updates, and, if used, account credentials); and for backing up and exporting your data (see Section 20).

6.5 Your acknowledgment

You acknowledge that pet health is complex, that animals can decline rapidly and unpredictably, that no logging tool can capture or predict every relevant factor, and that the Service cannot and does not guarantee any health outcome. You assume all risk associated with your use of the Service and your care decisions.

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7. Accounts & registration (optional)

You do not need an account to use the core features of the App. If you choose to enable optional cloud features (such as cloud backup, an account, or family/household sharing), the following apply:

• You must provide accurate and current information (for example, a valid email for magic-link sign-in) and keep it updated.
• You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.
• You must promptly notify us of any unauthorized use of your account or any other breach of security.
• You must not share, sell, or transfer your account, or let others use it in violation of these Terms.
• We may refuse, suspend, or terminate accounts, or reclaim usernames, as described in Section 21 and as permitted by law.

If you invite a caregiver to a shared household, you are responsible for ensuring you have the right to share the relevant information with them, and for their use of any access you grant.

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8. Subscriptions, free trial, billing, auto-renewal, cancellation & refunds

8.1 Free trial

The Service may offer a 7-day free trial. Unless you cancel before the trial ends, the trial will automatically convert into a paid, auto-renewing Subscription and the applicable price will be charged through your App Store account. The trial is available once per user/account/device as determined by the App Stores; eligibility, length, and terms of any trial are subject to the App Stores' rules and may change.

8.2 Plans and pricing

The Service is offered as an auto-renewing Subscription, typically on a monthly plan (approximately US$8.99 per month) or an annual plan (approximately US$59.99 per year). Actual prices, currencies, taxes, and plan options are those shown to you at the point of purchase in your App Store, which control. Prices may vary by region and over time.

8.3 Purchases are through the App Stores

All Subscriptions are sold and processed by the App Stores (Apple App Store or Google Play), and are administered on our behalf through RevenueCat for entitlement management. Payment is charged to your App Store account. Billing, payment methods, renewals, price display, and refunds are governed by the App Store you purchased through and by its terms, not by us. We do not collect or process your full payment-card details.

8.4 Auto-renewal

Your Subscription renews automatically. Unless you cancel it, the Subscription will automatically renew at the end of each billing period, and your App Store account will be charged the then-current price for the next period, generally within the 24-hour window before the current period ends (as governed by the App Store). Auto-renewal continues until you cancel.

8.5 How to cancel

You can cancel at any time, and you manage and cancel your Subscription through your App Store account, not through us:

• Apple (iOS): Settings → your name → Subscriptions → PawVitals → Cancel Subscription.
• Google (Android): Google Play Store → Profile → Payments & subscriptions → Subscriptions → PawVitals → Cancel.

To avoid being charged for the next period (including at the end of a Free Trial), cancel at least 24 hours before the current period ends (or within any period required by the App Store). Cancellation takes effect at the end of the current paid period; you generally retain paid access until then. Deleting the App does not cancel a Subscription.

8.6 Your data remains available if a Subscription lapses

Even if your Free Trial or Subscription ends, lapses, or is canceled, your existing data remains readable and exportable (PDF, CSV, or JSON) so that you are never locked out of your own records. Certain paid features may become unavailable until you resubscribe.

8.7 Price changes

We may change Subscription prices and plan features. Where required, price changes will be communicated in advance through the App Store and/or the App, and, where the App Store requires, will not take effect for you until you consent or your next renewal. If you do not agree to a price change, you may cancel before it takes effect.

8.8 Taxes

Prices may be shown exclusive or inclusive of applicable taxes depending on your region. You are responsible for any taxes, duties, or similar charges associated with your Subscription, which are handled by the App Store as part of the purchase.

8.9 Refunds

Refunds are handled by the App Stores in accordance with their policies and applicable law. Because we do not process payments, we generally cannot grant or directly issue refunds. Except where required by mandatory law (see Section 24), Subscription fees are non-refundable, and canceling does not entitle you to a refund of amounts already charged for the current period. To request a refund, use your App Store's refund process (for Apple, reportaproblem.apple.com; for Google, the Google Play refund process). Nothing in this Section limits any non-waivable statutory right you may have.

8.10 No gifting

Subscriptions are personal to the purchasing account and cannot be gifted, transferred, or resold.

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9. License grant & restrictions

9.1 License grant

Subject to your compliance with these Terms and, for paid features, payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install one copy of the App on a device you own or control and to use the Service for your own personal, non-commercial purposes. This license is the "Licensed Application End User License Agreement" referenced in Section 28 for Apple-sourced copies of the App.

9.2 Reservation of rights

The Service is licensed, not sold. We and our licensors retain all right, title, and interest in and to the Service and all related intellectual property. No rights are granted to you other than as expressly set out in these Terms.

9.3 Restrictions

Except to the limited extent applicable law prohibits these restrictions, you must not, and must not permit anyone else to:

• copy, modify, adapt, translate, or create derivative works of the Service;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or algorithms of the Service, except to the extent such a restriction is expressly prohibited by law;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise commercially exploit the Service or provide it as a service to third parties;
• remove, obscure, or alter any proprietary notices, or use our trademarks, without permission;
• circumvent, disable, or interfere with security, authentication, digital-rights-management, usage-limit, or subscription-entitlement features;
• access the Service to build a competing product or to copy its features or user interface;
• scrape, harvest, or use automated means (bots, crawlers) to access, extract, or index the Service, or impose an unreasonable load on our systems;
• use the Service to develop, train, or improve any machine-learning or AI model except as we expressly permit;
• introduce malware or any harmful code, or attempt to gain unauthorized access to the Service or related systems or networks; or
• use the Service in any unlawful manner or in violation of these Terms, applicable law, or third-party rights.

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10. Acceptable use policy

You agree to use the Service responsibly and lawfully. In addition to the restrictions in Section 9, you must not:

• use the Service for any illegal, fraudulent, harmful, or abusive purpose;
• upload or enter content that is unlawful, infringing, defamatory, or that you do not have the right to provide;
• upload content that contains another person's personal or confidential information without authority;
• harass, threaten, or harm others, including any caregivers you share with;
• interfere with, disrupt, overburden, or impair the Service, servers, or networks, or bypass any rate limits or access controls;
• attempt to probe, scan, or test the vulnerability of the Service or breach its security or authentication;
• misrepresent your identity or affiliation, or impersonate any person or entity; or
• use the Service in a manner that could harm any animal, mislead others about an animal's health, or substitute for professional veterinary care.

We may investigate and take appropriate action for any suspected violation, including removing content, and suspending or terminating access, as described in Section 21 and as permitted by law.

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11. Your content & data

11.1 You own your data

As between you and us, you own the User Content you create, enter, or upload. We do not claim ownership of your User Content. Because the App is local-first, most User Content is stored on your device under your control.

11.2 Limited license to operate the Service

You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process your User Content solely to the extent necessary to operate, provide, secure, maintain, and improve the Service for you and to perform the features you enable (for example, generating charts, exports, or — if you opt in — cloud backup and AI summaries). This license exists only to run the Service for you, is limited to the purposes described in these Terms and our Privacy Policy, and ends when your User Content is deleted, except for reasonable residual copies and as required by law. We do not sell your data or use it for advertising.

11.3 Your responsibility for content

You are solely responsible for your User Content and for having all rights necessary to provide it. You represent and warrant that your User Content and its use with the Service do not violate these Terms, any law, or any third-party right, and are not unlawful, infringing, or otherwise objectionable.

11.4 No obligation to store

We are not a records-of-authority service and are under no obligation to store, retain, back up, or maintain the availability of your User Content. See the data-loss and backup disclaimer in Section 20. You are responsible for maintaining your own exports and backups.

11.5 Export and deletion

You may export your data (PDF, CSV, or JSON) and delete it (including one-tap deletion of local and, if used, cloud data) as described in the App and the Privacy Policy, even if your Subscription has lapsed.

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12. Intellectual property & feedback

12.1 Our intellectual property

The Service, including its software, design, text, graphics, logos, icons, images, audio, user interface, "look and feel," and all related intellectual-property rights, is owned by us or our licensors and is protected by copyright, trademark, and other laws. "PawVitals," the PawVitals logo, and related marks are our trademarks. You may not use them without our prior written permission.

12.2 Feedback

If you send us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and exploit that feedback for any purpose, without any obligation or compensation to you. Feedback is provided voluntarily and is not confidential.

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13. Third-party services & app stores

The Service relies on and interoperates with third-party services, including the Apple App Store and Google Play (distribution, billing), RevenueCat (subscription entitlement), Supabase (optional cloud storage, authentication, and the AI proxy), Anthropic (optional AI processing), and Firebase Crashlytics (crash diagnostics). Your use of a third-party service is governed by that third party's own terms and privacy policies, which are your responsibility to review.

We do not control and are not responsible for third-party services, their availability, accuracy, security, acts, or omissions. We make no warranty regarding any third party and disclaim all liability arising from your use of, or reliance on, third-party services, to the maximum extent permitted by law. If a third-party service changes or becomes unavailable, related features of the Service may change or stop working.

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14. AI features terms

AI Features are optional and opt-in and can be turned off at any time in Settings. When enabled, the App sends a minimal, de-identified, structured extract of your logs to a third-party AI provider (Anthropic / Claude) through a secure server we operate, to generate plain-language summaries and suggested questions. Details of what is sent and stripped are in our Privacy Policy.

• Observations only. AI outputs are automatically generated observations, not veterinary or medical advice, diagnosis, prognosis, dosing, or treatment. Do not rely on them for any care decision.
• May be inaccurate. AI systems can produce output that is incorrect, incomplete, outdated, biased, or "hallucinated," even when it appears confident and specific. Output may not reflect your animal's actual condition.
• No reliance. You are responsible for independently evaluating AI output and for confirming any care decision with a licensed veterinarian. You use AI Features at your own risk.
• No warranty. We do not warrant the accuracy, reliability, or fitness of AI outputs, and we disclaim all liability arising from them to the maximum extent permitted by law (see Sections 16 and 17).
• Third-party terms. AI Features are subject to the AI provider's applicable terms and acceptable-use policies.

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15. Privacy

Our collection and use of information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service you acknowledge the Privacy Policy. PawVitals is built privacy-first and local-first; core data stays on your device, and cloud, accounts, family sharing, AI, and analytics are optional. Where these Terms and the Privacy Policy address the same subject regarding the handling of your information, the Privacy Policy governs that handling.

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16. DISCLAIMER OF WARRANTIES

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS THE WARRANTIES YOU RECEIVE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING THE APP, THE SITE, ALL CONTENT, AND ALL AI FEATURES, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, THE PROVIDER PARTIES DO NOT WARRANT OR REPRESENT THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (b) REMINDERS, NOTIFICATIONS, TIMERS, OR ALERTS WILL BE DELIVERED, ACCURATE, OR TIMELY; (c) ANY DATA WILL BE PRESERVED, BACKED UP, ACCURATE, OR RECOVERABLE; (d) THE RESULTS, TRENDS, FLAGS, BRIEFS, OR AI OUTPUTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR ANY PURPOSE; OR (e) ANY ERRORS WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR FROM ANY PROVIDER PARTY, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICE AND FROM ANY DECISIONS YOU MAKE IN RELIANCE ON IT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS. TO THE EXTENT SUCH AN EXCLUSION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND ANY WARRANTY THAT CANNOT BE EXCLUDED IS LIMITED IN DURATION AND SCOPE TO THE MINIMUM PERMITTED BY LAW. SEE ALSO SECTION 24.

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17. LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PROVIDER PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, OR FOR BUSINESS INTERRUPTION OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROVIDER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR:

• ANY INJURY TO, ILLNESS OF, DECLINE OF, SUFFERING OF, OR DEATH OF ANY ANIMAL OR PET, OR ANY OTHER HEALTH OUTCOME;
• ANY DECISION MADE, ACTION TAKEN, OR ACTION NOT TAKEN BY YOU OR ANYONE ELSE BASED ON THE SERVICE OR ITS OUTPUTS (INCLUDING TRENDS, FLAGS, BRIEFS, OR AI OUTPUTS);
• ANY MEDICATION, DOSE, OR TREATMENT ERROR, OR ANY MISSED, LATE, INCORRECT, OR UNDELIVERED REMINDER, NOTIFICATION, TIMER, ALERT, OR DOSE;
• ANY INACCURACY, INCOMPLETENESS, OR UNSUITABILITY OF USER CONTENT, TARGET RANGES, OR OUTPUTS;
• ANY LOSS, CORRUPTION, OR UNRECOVERABILITY OF DATA, OR ANY FAILURE TO STORE OR BACK UP DATA; OR
• ANY ACT OR OMISSION OF A THIRD-PARTY SERVICE.

AGGREGATE CAP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL, AGGREGATE LIABILITY OF THE PROVIDER PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, FOR ALL CLAIMS COMBINED, WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU ACTUALLY PAID TO US (OR THROUGH THE APP STORES FOR THE APP) IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) US$100. THIS CAP IS AGGREGATE AND NOT PER-INCIDENT, AND APPLIES ACROSS ALL CAUSES OF ACTION.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US; THE SERVICE WOULD NOT BE PROVIDED ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THEM.

CARVE-OUTS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW — FOR EXAMPLE, LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT LAW DOES NOT PERMIT TO BE LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS THE PROVIDER PARTIES' LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SEE ALSO SECTION 24.

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18. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Provider parties from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms or of any law or third-party right; (d) any care decision, action, or omission concerning any animal that you make or take (whether or not informed by the Service); or (e) your breach of any representation or warranty in these Terms. We may, at our option, assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us. This Section survives termination.

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19. Emergency & critical-use disclaimer

The Service is not designed, intended, or authorized for use in any situation where the failure, delay, or inaccuracy of the Service could lead to injury, death, or serious harm to any animal or person. Reminders, notifications, timers, and alerts may not be delivered, may be delayed, and may be inaccurate for the reasons described in Section 6.3, and you must not rely on them for critical or life-sustaining care. In any emergency, or if you have any concern about your animal's health, contact your veterinarian or an emergency animal hospital immediately. To the maximum extent permitted by law, the Provider parties have no liability arising from any emergency or critical use of, or reliance on, the Service.

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20. Data loss & backup disclaimer

The App is local-first: your data is stored primarily on your own device. You are solely responsible for backing up and exporting your data (PDF, CSV, or JSON) and for maintaining your own copies. Data may be lost, corrupted, or become unrecoverable for many reasons outside our control, including device loss, theft, damage, or failure; uninstalling the App; operating-system or storage issues; failed updates or migrations; or your own deletions. Optional cloud backup, if you enable it, is a convenience and is not guaranteed.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER PARTIES HAVE NO LIABILITY FOR ANY LOSS, CORRUPTION, DELETION, OR UNRECOVERABILITY OF DATA, AND DO NOT GUARANTEE THAT ANY DATA WILL BE RETAINED, PRESERVED, OR RECOVERABLE. Export your important records regularly.

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21. Term, termination & suspension

21.1 By you

You may stop using the Service at any time. You may cancel a Subscription through your App Store (Section 8.5) and may delete your data and uninstall the App. Uninstalling the App does not by itself cancel a Subscription.

21.2 By us

We may suspend, restrict, or terminate your access to the Service (in whole or in part), or stop providing the Service, at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law, if necessary to protect the Service, other users, or any person, if required by law or a third-party provider, or for other legitimate business reasons. Where practicable and lawful, we will provide reasonable notice.

21.3 Effect of termination

On termination, the licenses granted to you end and you must stop using the Service. Because the App is local-first, data stored on your device generally remains on your device unless you delete it; termination of paid access does not delete your local data, and you may continue to read and export it. Any fees already paid are non-refundable except as required by law or by App Store policy.

21.4 Survival

Provisions that by their nature should survive termination will survive, including Sections 5, 6, 9.2, 11, 12, 16, 17, 18, 19, 20, 22, 23, 24, and 27, and any accrued payment obligations.

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22. Dispute resolution — binding arbitration & class-action waiver

22.1 Informal resolution first

Before starting an arbitration or other proceeding, you agree to first try to resolve the dispute informally by sending a written notice describing the dispute and the relief sought to appsgenx@gmail.com. You and we agree to negotiate in good faith for at least 60 days from receipt of the notice. This informal-resolution requirement is a condition precedent to starting arbitration; the applicable limitations period is tolled while the parties negotiate.

22.2 Agreement to arbitrate

Except for the excluded matters in Section 22.5, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, rather than in court, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, under the rules of Wyoming and that provider then in effect. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court decides questions about the class-action waiver in Section 22.4.

22.3 Arbitration procedure

The arbitration will be conducted by a single neutral arbitrator. Unless you and we agree otherwise, any in-person hearing will take place in Wyoming, United States, and consumer proceedings may be conducted by telephone, video, or written submissions where the rules allow. The arbitrator may award the same individual relief a court could, and the arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction. Allocation of arbitration fees is governed by the applicable rules and applicable law.

22.4 Class-action & jury-trial waiver

You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. You and we waive any right to a jury trial. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in court, while all other claims remain in arbitration.

22.5 Exceptions (small claims & injunctive/IP relief)

Nothing in this Section prevents either party from (a) bringing an individual claim in small-claims court if it qualifies, or (b) seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual-property or proprietary rights.

22.6 Your right to opt out of arbitration

You may opt out of this arbitration agreement (Sections 22.2–22.4) by sending written notice to appsgenx@gmail.com within 30 days of first accepting these Terms (or of the date these arbitration terms first became effective for you), stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

22.7 Mass or coordinated arbitrations

If 25 or more similar arbitration demands are asserted against us (or coordinated by the same or coordinated counsel) at or about the same time, the parties agree the demands will be administered in staged batches to promote efficiency, with a limited number of "bellwether" cases proceeding first and the applicable statutes of limitations tolled for the remaining cases, all in accordance with the arbitration provider's mass-arbitration or bellwether procedures where available.

22.8 Changes and severability of this Section

If we make a material change to this Section after you accept these Terms, you may reject the change by written notice within 30 days, in which case the most recent pre-change version applies. If any part of this Section (other than the class-action waiver, addressed above) is found unenforceable, it will be severed and the remainder will continue to apply.

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23. Governing law & venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules, and, where applicable to arbitration, by the arbitration law of Wyoming. Subject to the arbitration agreement in Section 22, and to any mandatory consumer-protection law that applies to you (Section 24), you and we submit to the exclusive jurisdiction of, and venue in, the state and federal courts located in the State of Wyoming, United States for any matter not subject to arbitration. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

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24. Consumers in the EU, UK & other jurisdictions

If you use the Service as a consumer, nothing in these Terms limits or excludes any rights you have under the mandatory consumer-protection or other non-waivable laws of your country of residence, and those rights prevail over any conflicting provision in these Terms.

• Mandatory local law. Where mandatory local law gives you rights that cannot be waived (for example, statutory guarantees, warranties, or remedies), those rights apply regardless of the governing-law and venue clauses, and you may be entitled to bring proceedings in your local courts.
• Arbitration/class-waiver limits. The arbitration agreement and class-action waiver in Section 22 apply only to the extent permitted by the law applicable to you. For consumers in the EU, UK, and some other jurisdictions, pre-dispute mandatory arbitration and class-action waivers may be unenforceable and will not apply where prohibited by law.
• Liability/warranty limits. The disclaimers and limitations in Sections 16 and 17 apply only to the extent permitted by the law applicable to you and do not affect non-excludable statutory rights.
• EU/UK dispute options. EU consumers may have access to the European Commission's Online Dispute Resolution platform; we are not obligated to, and do not commit to, participate in any particular alternative-dispute-resolution scheme except where required by law.
• Australia. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law; nothing in these Terms excludes, restricts, or modifies those guarantees.

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25. Changes to the Service and to these Terms

We may modify, suspend, or discontinue the Service, or any feature of it, at any time, with or without notice, to the extent permitted by law. We may also update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice (for example, an in-App notice or by another reasonable means). Changes take effect when posted or on the effective date we specify.

Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service. Where a change would materially reduce your rights and applicable law requires your affirmative consent, we will seek it.

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26. Force majeure

The Provider parties are not liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, government action, labor disputes, utility or telecommunications failures, internet or network outages, hosting or third-party provider failures, cyberattacks, or shortages of equipment or supplies.

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27. General / miscellaneous

27.1 Entire agreement

These Terms, together with the Privacy Policy and any terms presented at the point of purchase or for a specific feature, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements and understandings on that subject.

27.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

27.3 No waiver

Our failure to enforce any provision is not a waiver of our right to do so later. Any waiver must be in writing to be effective.

27.4 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

27.5 Notices

We may provide notices to you through the App, by email (if you have provided one), or by posting on the Site. You may send notices to us at appsgenx@gmail.com or by email at appsgenx@gmail.com.

27.6 Relationship of the parties

Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between you and us.

27.7 No third-party beneficiaries

Except as expressly stated (including Apple's and Google's status as third-party beneficiaries under Section 28), these Terms do not create any third-party beneficiary rights.

27.8 Headings; interpretation

Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." References to "Sections" are to sections of these Terms.

27.9 Language

These Terms are provided in English. Any translation is for convenience only; if there is a conflict, the English version governs to the extent permitted by law.

27.10 Survival

Sections intended to survive termination will survive as described in Section 21.4.

27.11 Contact

Questions about these Terms may be sent to appsgenx@gmail.com.

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28. Apple- and Google-specific EULA terms

These Terms are between you and PawVitals only, and not with Apple or Google. The following additional terms apply to the App to the extent it is obtained from the relevant App Store, and in the event of a conflict with the rest of these Terms as to App-Store-sourced copies, the following control for that store.

28.1 Apple App Store (Licensed Application End User License Agreement)

If you obtained the App from the Apple App Store, you acknowledge and agree that:

• Acknowledgment. These Terms are concluded between you and PawVitals only, and not with Apple. Apple is not responsible for the App or its content.
• Scope of license. The license granted in Section 9 is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Apple Media Services / App Store Terms of Service, and as further limited by these Terms.
• Maintenance and support. PawVitals, not Apple, is solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support.
• Warranty. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App. Subject to that, and to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are PawVitals' responsibility.
• Product claims. PawVitals, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of it, including product-liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer-protection, privacy, or similar legislation.
• Intellectual property claims. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual-property rights, PawVitals, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim to the extent required by these Terms.
• Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer contact. Any questions, complaints, or claims regarding the App should be directed to PawVitals at appsgenx@gmail.com.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

28.2 Google Play

If you obtained the App from Google Play, you acknowledge and agree that:

• These Terms are between you and PawVitals only, and not with Google. Google is not a party to these Terms and is not responsible for the App or its content.
• Your use of the App must comply with the then-current Google Play Terms of Service.
• Google is only a provider of the marketplace from which you obtained the App. PawVitals, not Google, is solely responsible for the App, its content, maintenance, support, warranties (to the extent any apply), and any claims relating to the App, including product-liability, legal- or regulatory-compliance, and intellectual-property claims.
• Google has no obligation or liability to you with respect to the App or these Terms, and, to the extent these Terms provide any right or benefit to Google, Google is a third-party beneficiary entitled to enforce it.
• Billing, refunds, and subscription management for App-purchased Subscriptions are handled by Google Play in accordance with its terms (see Section 8).

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29. Contact us

See also our Privacy Policy and Support pages.

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