Zoetis Petcare Mobile App End User License Agreement

Last Updated As of October 18, 2022

This End-User License Agreement or EULA is a legal agreement between the person who downloaded and installed the Zoetis Petcare Mobile App (You) and the Zoetis entity that supplied, directly or indirectly, the mobile app to You (Zoetis, our, we or us). This EULA governs Your use of the Zoetis Pet Owner Mobile App mobile application, and any, and any other related software along with any updates, modifications and corrections thereto (collectively referred to as the Application), which allows a single point of engagement for information You have provided about Your pet. By using the Application or any updates to it (Updates), You agree to be bound by this EULA. If You do not agree to this EULA, you must choose not to use the Application. In addition, by installing or using any Updates, You agree to be bound by any terms that accompany those Updates. If You do not agree to those additional terms, You must not install or use the Update.

The Application can be used to (a) log a list of Your pet’s medications and activities; (b) capture veterinary and other pet-related appointments; (c) store Your pet’s medical records and licenses; and (d) access Your Zoetis Petcare Rewards account (collectively, the Purpose).

If You are accepting these terms on behalf of a company or other legal person, You must have full authority to bind that company or person to these terms.  

  1. USE OF THE APPLICATION
    1. Zoetis allows You to use the Application by registering using certain required information like name, address, and other contact details.  You will provide and maintain true and accurate information relating to the account created by You. 
    2. You will be responsible for maintaining the confidentiality of the account(s) created by You. You will also be fully responsible for all activities that occur under Your account(s). You will notify Zoetis immediately of any unauthorized use of Your account information or any other breach of security or access. 
    3. We grant You a non-exclusive, non-transferable, non-sublicensable license to use the Application solely for the Purpose, subject to terms of this EULA.
    4. We may carry out, implement, and install Updates to the Application at any time at our sole discretion without any notice. The Application may not be available at all times, such as during maintenance breaks. 
    5. You must not:
      1. publish, change, modify, develop, copy or adapt the software integrated in the Application, in whole or in part, without our prior written approval;
      2. reverse engineer, decompile, or disassemble the software integrated in the Application, except to the extent such is expressly permitted by applicable law;
      3. interfere with or disrupt the servers or networks connected to or which host the Application, or disobey any requirements, procedures, policies, or regulations of networks connected to or which host the Application;
      4. use the Application or any of its capabilities in such a way that it could lead to damage, shutdown, overload, damage or deterioration of the quality of our systems or security or interference with the data of other users;
      5. broadcast, publish or transmit any unlawful, harassing, libellous, defamatory, abusive, threatening, or harmful material of any kind or broadcast, publish or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law; or
      6. rent, lease, assign, grant a security interest, transfer or sell any right or interest or lend the access to the Application.
  2. RISK 
    1. To the maximum extent permitted by applicable law, we:
      1. provide the Application “as is”;
      2. make no warranty, representation, or guarantee as to the Application’s use or performance, and disclaims all warranties, representations and guarantees, including any implied warranties of merchantability, quality, accuracy, fitness for a particular purpose or use, title, non-infringement, or systems integration; and 
      3. without limiting clause 2.1.2, do not warrant, represent, or guarantee that the operation of the Application will be fail- safe, uninterrupted, or free from errors or defects or that the Application will protect against all possible threats.  
    2. You acknowledge and agree that access and uninterrupted performance of the Application will require a stable internet connection for which You will be solely responsible.  
    3. We are not liable to You for any loss of profit, business interruption, or loss of business information, or any indirect, special, incidental, punitive, exemplary, or consequential loss or damage of any kind however caused arising out of or in connection with the use or inability to use the Application.
    4. In any case, to the maximum extent permitted by applicable law, our maximum aggregate liability to You under this EULA is limited to the list price of the Application as of the date it was first supplied to You.
    5. Where consumer protection or similar legislation does not permit us to limit or exclude our liability as set out in clauses 2.1, 2.2 or 2.4 then, to the extent permitted by applicable law, our liability to You is limited to replacing the Application.
    6. Notwithstanding anything contained in this EULA, You expressly acknowledge that the Application only acts as a communication system. Zoetis shall have no responsibility for any diagnosis, medical decisions, or treatment provided by You or for any information or content (public or private) shared or posted by You or those authorized or not authorized by You. You hereby indemnify Zoetis, its directors, subsidiaries, affiliates, officers, agents and employees and hold them harmless from any loss, liability, claim or demand, including reasonable attorney fees arising out of any claim by a third party arising due to performance or non-performance of obligations under this EULA by You including, but not limited to, insufficiency in medical care and treatment, medical negligence, failure to warn, breach of intellectual property and data breach, any information or content (public or private) shared or posted by You or those authorized or not authorized by You, and security breach. 
  3. RESPECTING PRIVACY 
    1. Please review the Zoetis Privacy Policy to understand the information Zoetis collects, Zoetis’ use of that information and the choices Zoetis offers. 
  4. INTELLECTUAL PROPERTY
    1. All Intellectual Property Rights (as defined below) in the Application belong to Zoetis, its affiliates or its licensors.  The Application, including its object code and source code, is strictly confidential to Zoetis, its affiliates or its licensors. Nothing in this EULA gives You a right or license to use any of Zoetis’ Intellectual Property Rights.
  5. ETHICAL CONDUCT
    1. Zoetis represents, warrants and undertakes that it will not through the provision of the Application seek improperly to influence You with the intent to improperly obtain or retain business for Zoetis or for any other improper purpose.
    2. You represent, warrant and undertake to Zoetis that You will not (directly or indirectly) offer, pay or authorize the offer/payment of any money or the giving of anything of value or do any other thing in order to exert improper influence on any government official or any other person and that it has not accepted and will not accept in the future such a payment. You further confirm that the purpose of the provision of the Application is not to improperly influence You or anyone else.
  6. REPRESENTATIONS AND WARRANTIES; OWN USE
    1. You represent and warrant that You have downloaded the Application for Your own use and will use the Application solely in connection with the Purpose.  If you are a resident or a legal entity established and organized under the laws of a country other than the United States of America, You represent and warrant that: (x) You will not, directly or indirectly, Yourself or through third-parties, export or cause our goods and services to be exported to the United States of America and You do not intend for our goods and services to be used, consumed or disposed of within the United States of America; (y) You will not cause our goods and services to be subject to processing, distribution, assembly or manufacturing within the United States of America; and (z) any services provided by us will be provided to offices, facilities or other operations of you located outside of the United States of America, for use outside the United States of America.
  7. DURATION OF THIS EULA
    1. There is no obligation on You to use the Application and You can stop using it at any time. 
    2. We may terminate this EULA immediately by notice to You if: (i) You breach Clause 5 of this EULA; (ii) we discover that: (a) improper payments are being or have been made to any government official or any other person by or on behalf of You (whether in connection with this EULA or not); or (b) You or those acting on behalf of You have accepted any payment, item or benefit (regardless of value) as an improper inducement to award, obtain or retain business or otherwise gain or grant an improper business advantage; or (iii) You commit a material breach of this EULA including, without limitation, using the Application other than for the Purpose.
    3. If this EULA is terminated, You must destroy or delete, as applicable, all archived copies of the Application and the software integrated in the Application to the extent in Your possession.
    4. Termination of this EULA does not affect any rights of a party that accrued before termination.
  8. UPDATES 

    Zoetis may modify this EULA at any time in its sole discretion without seeking Your prior consent.  We will inform You whenever the terms contained herein are updated and Your continued use of the Application shall constitute Your acceptance of such updated terms and conditions. If You do not approve of such modifications, You may terminate this EULA by serving a written notice to Zoetis, at which point your access to the Application will be immediately discontinued. Your continued usage of the Application shall be deemed to be an acceptance of these terms and the modifications thereto. 

  9. DEFINITIONS 

    “Intellectual Property Rights” means all registered or unregistered patents, trademarks, services marks, domains, registered designs (and any applications for any of the foregoing), copyright (including rights in software - object code and source code), databases, inventions, discoveries, know-how and any other intellectual or industrial property rights.

  10. GOVERNING LAW 

    This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the country of the Zoetis entity which supplied, directly or indirectly, the Application to you. Both parties irrevocably submit to the non-exclusive jurisdiction of the courts of that country to settle any dispute or claim that arises out of or in connection with this EULA or its subject matter.

ZPC-02272