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TERMS OF SERVICE

Effective Date: January 1, 2024

These Terms of Service ("Terms") form a legally binding agreement between TH³, Inc. ("TH³," "we," "us," "our") and you, the individual or entity using our website, mobile application, or related services (collectively, the "Service"). By accessing or using TH³, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use TH³.

1. ELIGIBILITY & ACCOUNT

1.1 Age Requirement

You represent that you are at least 18 years old (the age of majority in your jurisdiction) and legally capable of forming a binding contract. TH³ is not intended for minors under 18; any account found to be used by a minor may be terminated without notice.

1.2 Account Registration

You must create an account to access certain features (e.g., daily logs, AI alerts, appointment scheduling). You agree to provide accurate, complete information and keep it updated. You are responsible for all activities occurring under your account credentials and must maintain confidentiality of your password. Notify us promptly if you suspect unauthorized access.

1.3 Pet Health Data

You warrant that all pet information you provide is accurate. You are solely responsible for any data you upload. Our AI analyses rely on this data, so any inaccuracies or omissions may reduce the quality of insights.

2. SUBSCRIPTIONS & BILLING

2.1 Tiers

TH³ offers multiple tiers:

  • Free (Basic) Tier: Limited daily logs, basic alerts, restricted appointment scheduling usage, and 1 pet profile.
  • Standard Tier ($8.49/month): Expanded logs, deeper alerts, unlimited appointment scheduling, multiple pets (up to X).
  • Premium Tier ($19.99/month): Unlimited AI requests, advanced disease modules, premium telehealth integration, unlimited pet profiles.

We may introduce other tiers or promotions. Detailed features for each tier appear on our website.

2.2 Payment & Renewal

By subscribing to Standard or Premium, you authorize TH³ or its payment processor to charge your provided payment method the stated subscription fee. All subscriptions auto-renew each billing cycle (monthly or annually) unless canceled prior to the renewal date. If a renewal fails, we may suspend your paid features. Prices may change—if so, we will notify you reasonably in advance, and continued use after the new rate is effective constitutes acceptance.

2.3 Cancellation & Refunds

You may cancel at any time via your account settings or by contacting support. Canceling stops future charges; your paid features remain active until the current billing cycle ends. No partial refunds unless explicitly mandated by law or at TH³'s discretion. If you cancel an annual plan mid-term, your subscription continues until the year ends without further charges.

2.4 Free Trials & Offers

Any free trials or promotional offers must be used within the specified time. If you do not cancel before a trial ends, we will bill the provided payment method for the chosen plan. We reserve the right to modify or withdraw promotional offers at any time.

3. USE OF AI & VETERINARY DISCLAIMER

3.1 Informational Purpose Only

TH³'s AI-driven alerts and insights are for informational purposes. TH³ is not a veterinary clinic. The platform's outputs do not constitute a diagnosis or medical advice and do not replace a veterinarian's expertise. If your pet appears seriously ill, contact a veterinarian immediately.

3.2 Appointment Scheduling

Where available, the Service may proactively schedule appointments with partner vet clinics upon detecting abnormal data. This scheduling is a convenience—owners remain responsible for confirming appointments, communicating changes, and ultimately deciding whether to pursue a vet visit. TH³ is not liable if an appointment is unavailable or delayed.

3.3 Limited Liability

By using TH³, you acknowledge that the AI can be imprecise or incomplete. You assume all risk of using or relying on our AI alerts. TH³ does not guarantee that every early warning sign will be caught or that every recommendation will be correct.

4. CONTENT OWNERSHIP & LICENSE

4.1 Your Content

Any text, images, logs, or other content you upload regarding your pets remains your property. By uploading, you grant TH³ a non-exclusive, royalty-free, worldwide license to use, display, reproduce, modify, distribute, and store your content solely as needed to provide the Service (for example, to show logs in your account or share them with a vet at your instruction).

4.2 TH³'s Intellectual Property

The Service, including software, designs, trademarks, logos, AI algorithms, and other proprietary materials, is owned by or licensed to TH³. You receive a limited, revocable license to access and use it for personal, non-commercial purposes, consistent with these Terms. You must not copy, distribute, reverse engineer, or create derivative works from any part of the Service.

5. USER CONDUCT & COMMUNITY GUIDELINES

5.1 Prohibited Activities

You agree not to:

  • Upload or share illegal, harmful, abusive, or infringing materials.
  • Use the Service for any unlawful or fraudulent purpose.
  • Interfere with the Service's operation, including attempting to bypass security measures.
  • Scrape or mine data from TH³ for unauthorized use.

5.2 Vet or Insurance Data

If you choose to integrate with a veterinarian or insurance provider, ensure you have the appropriate permissions. TH³ is not responsible for verifying the authenticity or rights related to the data you upload or share.

6. PRIVACY & DATA PROTECTION

Your use of TH³ is also governed by our Privacy Policy, which is incorporated by reference. By agreeing to these Terms, you also accept the Privacy Policy, detailing how we collect, store, use, and disclose personal data. We take industry-standard precautions to secure your data, but we do not guarantee absolute security (see "Data Security" in the Privacy Policy for further details).

7. LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES

7.1 Service Provided "As Is"

TH³ is provided "AS IS" and "AS AVAILABLE" without warranties of any kind—express or implied—including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or data accuracy. TH³ disclaims any warranty that the Service will be error-free, uninterrupted, timely, or secure, or that any advice, information, or data obtained will be reliable.

7.2 Exclusion of Damages

To the maximum extent allowed by law, TH³ (including its directors, officers, employees, contractors, affiliates, etc.) shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, or any losses (including personal injury, emotional distress, lost profits, loss of data, or cost of substitute goods or services) arising from or related to your use or inability to use TH³—even if TH³ was advised or knew of such possibility.

7.3 Limitation of Liability

In jurisdictions that do not allow the exclusion of certain warranties or limitations of liability, TH³'s liability is limited to the fullest extent permitted by law. In no event shall TH³'s aggregate liability exceed the total amount of subscription fees paid by you to TH³ in the past twelve (12) months—or $100 if no subscription fees were paid. This limitation applies to all causes of action, whether in contract, tort, strict liability, or otherwise.

7.4 Use at Own Risk

You acknowledge that you use TH³ at your own sole risk. If you rely on AI-based recommendations or any information found within TH³, you do so voluntarily and at your own discretion, with full understanding of the disclaimers and limitations set forth.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TH³ and its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses (including attorney's fees) arising out of or in any way related to (a) your use or misuse of the Service, (b) your violation of these Terms, (c) your violation of any third-party right (including intellectual property or privacy rights), or (d) your or your pet's actions or omissions in reliance on TH³'s AI alerts or scheduling.

9. DISPUTE RESOLUTION

9.1 Governing Law

These Terms, and any dispute arising out of or relating to them, will be governed exclusively by the laws of the State of Delaware, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

9.2 Arbitration

Any dispute or claim arising from these Terms or the Service that cannot be resolved informally shall be settled by final, binding arbitration administered by a mutually agreed arbitration service, in accordance with their consumer arbitration rules. Arbitration shall take place in Delaware or at another location agreed upon by both parties. The arbitrator's decision shall be final and enforceable in any court of competent jurisdiction.

Class Action Waiver: You and TH³ agree that any disputes will be resolved on an individual basis only, and not in a class, consolidated, or representative action. If this class action waiver is deemed unenforceable in any particular case, the arbitration clause shall be null as to that case, and the dispute shall proceed in court.

9.3 Opt-Out

You may opt out of arbitration within 30 days of first agreeing to these Terms by sending written notice to TH³. If you do so, or if arbitration is not enforceable, you agree to submit to the exclusive jurisdiction of the state or federal courts located in the State of Delaware for resolution.

10. TERMINATION

10.1 By User

You may cease using the Service at any time. To delete your account, follow the account removal instructions in the app or contact TH³ support. Termination will not entitle you to a refund of previously paid fees (except at TH³'s discretion or if required by law).

10.2 By TH³

We may suspend or terminate your access (or any part thereof) if we believe you have violated these Terms, present risk or potential legal exposure, or for any other lawful reason, with or without notice or liability.

10.3 Survival

Provisions regarding ownership, warranties, disclaimers, indemnity, limitations of liability, dispute resolution, and any other sections intended by their nature to survive termination shall survive termination of your account or these Terms.

11. MISCELLANEOUS

11.1 Entire Agreement

These Terms (and documents incorporated by reference, like the Privacy Policy) represent the entire agreement between you and TH³ regarding the Service, superseding prior agreements or communications.

11.2 Severability

If any provision of these Terms is deemed unlawful or unenforceable, that provision shall be severed, and the remaining terms shall remain in effect, to the fullest extent permitted by law.

11.3 No Waiver

No waiver of any provision or right by TH³ shall be effective unless in writing. Failure to enforce any provision is not a waiver of future enforcement of that provision or any other.

11.4 Assignment

You may not assign these Terms or delegate any obligations without prior written consent from TH³. TH³ may freely assign or transfer these Terms as part of a business transaction (merger, sale of assets, etc.).

11.5 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control (e.g., natural disasters, pandemics, war, labor disputes, power/internet outages, etc.).

CONTACT US

For questions about these Terms, please contact:

TH³ Inc.

Attn: Legal Department

25 Christopher Columbus Dr 4805

Jersey City, NJ 07302

Email: Contact@total-h3.com

By continuing to use TH³, you acknowledge that you have read these Terms and our Privacy Policy in full and agree to abide by all provisions.