Welcome to Wonderdog. Wonderdog Health, Inc., a Delaware corporation (“Wonderdog,” “us,” “we,” or “our”) recommends that you read these Terms and Conditions (“Terms”) carefully before using our website, communicating with us, or obtaining our veterinary telehealth, diagnostics, and preventive health services (together, or individually, the “Service”).
These Terms constitute a legally binding agreement between Wonderdog and you concerning your use of the Service (the “Agreement”), including binding dispute resolution terms between you and Wonderdog. We encourage you to print these Terms or save them to your device for reference. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, members, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service. By accessing or using the Service, you agree to comply with all laws and regulations applicable to your use of our Service. This means, among other things, that you will ensure your pets are vaccinated, licensed, identifiable, and/or microchipped as required by applicable local law, and that you have obtained and will maintain any and all mandatory insurance coverage concerning the pets you entrust to our care.
Eligibility
By accessing and/or using the Service, including by doing so after accessing this Agreement, you represent and warrant that you are at least eighteen (18) years old or older, competent to enter into contracts, and authorized to make Appointments on behalf of any party or company subject to the Appointment.
Dispute Resolution
This section outlines how you and Wonderdog will handle disputes arising from these Terms, the Privacy Policy, or the Service. It is crucial that you read this section carefully.
Claims and Governing Law
A “Claim” refers to any claim or dispute between you and us or any third-party beneficiary, arising from these Terms, the Privacy Policy, and the Service. These Terms, including the interpretation and enforcement of this dispute resolution provision and any Claims, shall be exclusively governed by the Federal Arbitration Act and federal arbitration law. To the extent state law applies and is not inconsistent with federal arbitration law, the laws of the State of California shall apply, excluding its choice of law rules. Notwithstanding the foregoing, to the extent that applicable mandatory local law governs a specific obligation and cannot be waived or superseded by contract, such mandatory local law shall govern that specific obligation only, without affecting the application of California law to all other matters.
Informal Dispute Process
Our goal is to resolve all Claims to optimize member satisfaction. Before seeking arbitration relief, you agree to first notify our Member Support team to attempt to resolve any Claims against us. You can reach us at legal@wonder.dog. Participating in this informal process is a prerequisite to initiating arbitration or small claims court proceedings, to the fullest extent permitted by applicable laws.
Mandatory Pre-Arbitration Notice Procedure
If the Claim is not resolved through our Informal Dispute Process, the aggrieved party (“Claimant”) must follow this Pre-Arbitration Notice Procedure before commencing arbitration:
The Claimant must send the other party a formal written Notice of the Claim by email to legal@wonder.dog.
The Notice must contain the Claimant’s full name, address, email, description of relevant facts and basis of the Claim, damages and recovery sought, and a signed statement verifying the accuracy of the information.
After receiving the Notice, the parties will negotiate in good faith to resolve the dispute for 30 days, which may include an individualized video conference or phone call attended by both parties. Optionally, in addition to both parties, a party’s attorney may also attend this individualized video conference or phone call. The parties agree to work together cooperatively to schedule this individualized video conference or phone call as soon as possible after the receipt of the Notice.
If no agreement is reached within 30 days, the Claimant may commence arbitration proceedings.
Compliance with the Informal Dispute Process and the Mandatory Pre-Arbitration Notice Procedure is a condition precedent to initiating arbitration. Statutes of limitations are tolled during the Informal Dispute Process and the Mandatory Pre-Arbitration Notice.
If the Claimant does not comply with the Notice Procedure, a court, upon request by a party, must enjoin an arbitration filing or continued prosecution, and an arbitration administrator cannot initiate or assess fees related to the arbitration. If a party commences an arbitration prior to completing the Notice Procedure, the arbitration provider shall administratively close the arbitration. Furthermore, a party may seek damages from any party who does not comply with the Mandatory Pre-Arbitration Notice procedure.
Arbitration Agreement
The parties agree that any unresolved Claims will be resolved exclusively through final and binding arbitration according to the following terms, except as otherwise provided further below:
Claims will only be resolved through arbitration, not in a court of law.
Arbitration will be governed by applicable National Arbitration & Mediation (“NAM”) rules, as modified by this arbitration agreement, and administered by NAM or another provider that is agreed-upon or appointed by a court. The NAM rules include the Comprehensive Dispute Resolution Rules and Procedure and the Supplemental Rules for Mass Arbitration, as may be amended by these Terms. You may find the NAM rules online at www.NAMADR.com.
Arbitration will be conducted before a single arbitrator who will resolve any Claims, as well as any disagreements regarding the scope, enforceability, formation, interpretation, applicability, enforceability, voidness, or voidability of these Terms or the dispute resolution provisions of the Terms. All remedies will be available to the arbitrator, and the arbitration decision will be final and binding.
The arbitration will be conducted in the county where you live or at another mutually agreed location, and may be conducted by telephone, videoconference, or written submissions upon request.
Payment of fees will be governed by the NAM Rules, unless you qualify for a fee waiver under applicable law. Each party shall pay its own attorneys’ fees, unless otherwise required by statute.
The arbitrator may consolidate multiple related arbitrations upon request, but cannot preside over any form of representative or class proceeding unless all individuals have initiated and are currently pursuing arbitration under this Agreement.
As in court, counsel representing a party in arbitration certifies compliance with Federal Rule of Civil Procedure 11(b), and the arbitrator is authorized to impose sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law.
Limitations to Arbitration
Instead of arbitration, you or we may bring any individual Claim in small claims court, but only if the Claim(s) are brought on an individual basis and are below the statutory maximum amount permitted in small claims court.
If you choose to pursue the Claim(s) in a small claims action, it may only be filed in the county of your residence or in Los Angeles, California.
Nothing in this section will limit either party’s ability, if and as allowed by applicable law, to seek injunctive relief in aid of arbitration or a “public injunction” in a court of competent jurisdiction or to seek to compel arbitration, stay a case during arbitration, or enter judgment on, confirm, modify, or vacate an arbitration award.
Arbitration is required if you reside or bring a Claim in the United States or any country that enforces arbitration agreements. If you are not bringing a Claim in, and are not a resident of, the United States, you may be allowed to file a Claim in a court of competent jurisdiction on an individual basis in the city in which you reside under the laws of that city, after completing the Informal Dispute Process and the Mandatory Pre-Arbitration Notice Procedure.
Class Action Waiver
THIS AGREEMENT LIMITS YOUR RIGHTS TO BRING CLAIMS IN COURT OR AS PART OF A CLASS ACTION. BY ACCEPTING THESE TERMS, YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE THE RIGHT TO PARTICIPATE AS A CLASS MEMBER OR REPRESENTATIVE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT JOIN OR CONSOLIDATE CLAIMS FROM MULTIPLE PARTIES, MAY NOT PRESIDE OVER ANY CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION, AND MAY NOT AWARD RELIEF BEYOND WHAT IS NECESSARY FOR THE INDIVIDUAL CLAIM. THIS WAIVER OF CLASS ACTION RIGHTS IS A CRUCIAL PART OF THIS AGREEMENT. IF THIS WAIVER IS FOUND TO BE LIMITED OR VOID, THE ENTIRE ARBITRATION AGREEMENT BECOMES NULL AND VOID, SUBJECT TO APPEAL. YOU ACKNOWLEDGE THAT WITHOUT THESE TERMS, YOU WOULD HAVE THE RIGHT TO SUE IN COURT WITH A JURY. BY AGREEING TO THESE TERMS, YOU ARE KNOWINGLY WAIVING THESE RIGHTS IN FAVOR OF INDIVIDUAL ARBITRATION.
This dispute resolution provision applies equally to all parties and shall not be interpreted to the disadvantage of the party who drafted it. If any part of this provision is found to be unenforceable, that specific part shall be severed from the agreement. The remaining portions of the agreement will continue to be valid and enforceable to the fullest extent permitted by law.
Privacy
Your use of the Service is subject to Wonderdog’s Privacy Policy, which forms a part of these Terms. Please review our Privacy Policy, which also governs the Service and informs users of our data collection practices, including the collection and use of longitudinal canine health data and biomarker results. We encourage you to frequently check the Privacy Policy for changes.
Health Data and Ownership
Wonderdog’s Ownership of Platform Data
All data generated through your use of the Service — including but not limited to blood biomarker results, AI-generated health analyses, longitudinal health trend data, Televet consultation notes, Vet Tech observation records, intake form responses, and aggregate population-level data derived from member pets (collectively, “Platform Data”) — is and shall remain the sole and exclusive property of Wonder Dog Inc. By using the Service, you irrevocably and perpetually assign to Wonderdog all right, title, and interest in and to Platform Data, to the fullest extent permitted by applicable law.
License to Your Pet’s Personal Health Information
Wonderdog acknowledges that certain information collected through the Service, such as your pet’s name, species, breed, age, and individually identifiable biomarker results (“Pet Health Information”), is personal to you and your pet. Wonderdog does not claim ownership of Pet Health Information. However, by using the Service, you grant Wonder Dog a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, store, process, and analyze Pet Health Information for the following purposes:
Delivering the Service to you, including generating Diagnostic Results and health trend reports.
Improving Wonderdog’s AI diagnostic models, reference range calibration, and predictive health algorithms, using de-identified or aggregated data.
Conducting internal research and development to advance canine preventive health and to otherwise enhance the Service and any other current or future business offerings of Wonderdog.
Complying with applicable legal, regulatory, and veterinary recordkeeping obligations.
De-Identification and Research Use
Wonderdog may de-identify your pet’s health data in accordance with applicable privacy standards and use such de-identified data for research, product development, publication, and commercial purposes without restriction and without compensation to you. De-identified data will not be linked back to you or your pet without your express consent.
Clinical Records
Notwithstanding the above, veterinary clinical records created by a licensed Televet in connection with your Appointment are subject to applicable state veterinary practice acts governing recordkeeping and patient record access. Wonderdog will maintain and provide access to clinical records in accordance with those applicable requirements. Your right to request a copy of your pet’s clinical records is governed by the laws of the state in which the Televet is licensed.
Data Security
Wonderdog uses commercially reasonable technical and organizational measures to protect Platform Data and Pet Health Information from unauthorized access, disclosure, or loss. However, no system is perfectly secure, and Wonderdog cannot guarantee the absolute security of your data. In the event of a data breach affecting your Pet Health Information, Wonderdog will notify you in accordance with applicable law. To the maximum extent permitted by applicable law, Wonderdog’s liability arising out of or related to any data breach, unauthorized access, or loss of Pet Health Information shall be subject to and limited by the Aggregate Liability Cap set forth in the Limitation of Liability section of these Terms.
Availability, Errors, and Inaccuracies
We are constantly updating our Service offerings, including our diagnostic panels, AI-driven health reports, and telehealth availability. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. While Wonderdog reserves the right to remove content from the Service, such as for errors, it does not assume any obligation to do so and disclaims any liability for failing to do so.
Prohibited Activities
In using the Service you agree not to: (i) copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online website; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure; (vi) upload invalid data, viruses, worms, or other software agents through the Service; (vii) collect or harvest any personally identifiable information, or any information pertaining to your pet’s health data, from the Service, except as expressly permitted by the features of the Service; (viii) use the Service for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresent your affiliation with a person or entity, including in creating and using an account, conducting fraud, hiding, or attempting to hide your identity; (x) interfere with the proper working of the Service; (xi) access any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; and (xiii) create or use an account without proper authorization.
Intellectual Property
You are granted a non-exclusive, non-transferable, limited, revocable license to access and use the Service subject to your strict compliance with these Terms. As a condition of your use of the Service, you warrant to Wonderdog that you will not use the Service for any purpose that is unlawful or prohibited by these Terms or applicable law. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service, or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
The Service and its features and functionality — including but not limited to Wonderdog’s AI diagnostic platform, longitudinal health data infrastructure, biomarker analysis models, and the Liquid Gold supplement line — are and will remain the exclusive property of Wonder Dog Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Wonder Dog in each instance.
Accounts
As part of the Service, you may save information about you or your pet by creating a member account. If you create an account, you warrant that your information is accurate and authorized. You are solely responsible for your account activity and your account confidentiality; you must notify us of suspicious or unauthorized account activity, and we disclaim all liability for use of your account. It is your responsibility to maintain the accuracy of information in your account, including your pet’s health history and current medications. You may not allow anyone else to use your login credentials to access your account. We also retain the right to terminate or suspend your account, such as if you violate these Terms.
Consent to Communications
By using the Service, you consent to receive communications, including marketing emails and emails about your Appointments and your pet’s health results; and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on our website, satisfy any legal requirement that such communications be in writing. You also agree to communications from us by phone and SMS/text message if they are transactional or if you consent to them.
By gibing your consent to such communications, you agree that no communications by Wonderdog to you shall violate the CAN-SPAM Act, the Telephone Consumer Protection Act, or any other applicable laws. You are responsible for paying any voice, message, and data fees, rates, charges, and taxes that may apply to you.
You may opt out of any of our communications by following the instructions provided in the communications or by contacting us.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, the arbitration requirement, ownership and intellectual property provisions, warranty disclaimers, indemnity, miscellaneous terms, and limitations of liability.
Appointments
An “Appointment” occurs when you utilize the booking mechanism on the Wonderdog website or application, complete the member intake form, and receive a confirmed appointment time with a Wonder Dog-affiliated licensed veterinarian (“Televet”) and/or veterinary technician (“Vet Tech”). If you request an Appointment, you agree that we are not obligated to accept your request and may decline it at our sole discretion. If your Appointment request is accepted, you acknowledge that you agree to honor the price and other terms of that Appointment. Our Appointments have a twenty-four (24) hour cancellation policy. If you wish to cancel an Appointment that is less than twenty-four (24) hours away, you may contact us via our Contact Form and we may, in our sole discretion, choose to cancel the Appointment. Appointments canceled with less than twenty-four (24) hours’ notice will result in a charge for the full amount of the Appointment. This cancellation policy may not apply in certain emergency situations. In such situations we may, in our reasonable discretion, issue a refund.
We do not provide Services to dogs who meet any of the following criteria: (i) at the time of the Appointment, the dog has an open wound, contagious or infectious disease and/or has had surgery within the fourteen days prior to the Appointment without prior written authorization from our veterinary team; (ii) the dog has a history of aggressive behavior towards humans and/or other dogs, including but not limited to a history of imminent threats or biting, without prior disclosure; (iii) the dog does not have an up-to-date vaccination record, including vaccines for Bordetella and rabies where required by local law; or (iv) the dog has behavioral issues that would prevent safe blood collection or physical examination. You acknowledge that we are relying on you to inform us if any of these apply to your pet, and you agree to provide us with current vaccination records at or before the time of the Appointment. We reserve the right to cancel the Appointment at any time, including at the time of service. Appointments cancelled less than twenty-four (24) hours prior to the Appointment for this reason are non-refundable, except in our sole discretion.
Before, during, and/or immediately after the Appointment, we may photograph your pet and use those photographs for marketing purposes, including on social media. By using the Service, you consent to have your pet photographed and acknowledge that any such photographs will be the sole and exclusive property of Wonderdog, and that we may publish these to third parties (including on social media) in our sole discretion, pursuant to the provisions of our Privacy Policy. You may opt out of having your pet’s photograph taken during the Appointment by emailing us prior to your Appointment at legal@wonder.dog.
During your Appointment, our Vet Techs and Televets will use appropriate clinical precautions while collecting blood samples and conducting physical examinations to prevent injury to your pet and/or others. However, minor adverse events are still possible. This includes, but is not limited to, stress, bruising, hematoma at the venipuncture site, skin irritation, nausea, allergic reactions, or activation of previously unknown or inactive conditions. In our sole discretion, we may determine that the Appointment cannot be completed as scheduled.
Wonderdog may be required (such as by state or local laws) to report to the applicable authorities if certain issues arise during an Appointment. By using the Service, you acknowledge and understand that if your pet causes injury to a person or another animal (or there is another issue requiring reporting), we may report this to the relevant authorities.
Televet and Vet Tech Scope of Services
Wonderdog delivers its Service through a coordinated model involving two distinct roles, each operating within their respective licensed scope of practice under applicable state law:
A licensed veterinarian affiliated with Wonderdog operating via telehealth (“Televet”) conducts remote consultations, reviews Diagnostic Results, establishes or maintains a valid VCPR where required by applicable state law, makes clinical assessments, and exercises all final clinical judgment. The Televet does not perform hands-on physical examination.
A licensed or certified veterinary technician, or veterinary assistant, (“Vet Tech”) may attend your Appointment in person at your home or a designated location to facilitate blood collection and perform physical data-gathering tasks — including but not limited to palpation, weight measurement, and visual assessment — under the real-time synchronous video supervision of the Televet. The Vet Tech does not diagnose, prescribe, or make independent clinical decisions.
You acknowledge and agree that:
The delegation of physical examination tasks to a Vet Tech under live, synchronous Televet supervision is consistent with applicable veterinary practice acts and the standard of care in the jurisdiction where Services are rendered. Wonderdog makes no representation that this model is authorized in jurisdictions outside its active operating markets.
The Vet Tech performing services at your home is acting within the scope of tasks delegated by the supervising Televet. Any instructions given by the Vet Tech during the Appointment reflect the Televet’s clinical direction and do not constitute independent veterinary advice.
Wonderdog’s Televets are licensed in the jurisdiction in which they provide Services and comply with applicable telehealth VCPR requirements. The specific VCPR standard applicable to your Appointment may vary by state. By using the Service, you consent to the telehealth model of care delivery as authorized under the laws of your state.
Wonderdog does not guarantee that a Vet Tech will be available for in-home visits in all service areas. In some cases, Services may be provided via telehealth consultation only, without an in-person Vet Tech component, to the extent permitted by applicable law.
Membership and Diagnostic Services
Wonderdog offers an annual membership (the “Membership”) that provides access to our longitudinal blood biomarker testing, AI-driven health analysis, and telehealth veterinary consultations. Membership terms, pricing, and included services are described on our website and may be updated from time to time in Wonderdog’s sole discretion.
Membership Billing, Renewal, and Cancellation
Memberships. Memberships are billed on an annual basis at the then-current rate displayed on our website at the time of purchase or renewal. By enrolling in a Membership, you authorize Wonderdog to charge the applicable annual fee to your payment method on file. All Membership fees are charged in advance and are non-refundable except as expressly stated in these Terms.
AUTO-RENEWAL. YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE-YEAR TERMS AT THE THEN-CURRENT ANNUAL RATE UNLESS YOU CANCEL BEFORE YOUR RENEWAL DATE. WE WILL SEND A RENEWAL REMINDER TO THE EMAIL ADDRESS ON FILE AT LEAST THIRTY (30) DAYS BEFORE YOUR RENEWAL DATE, OR SUCH LONGER PERIOD THAT MAY BE REQUIRED UNDER APPLICABLE LAW. YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD ON FILE FOR THE RENEWAL FEE WITHOUT FURTHER NOTICE UNLESS YOU HAVE CANCELLED IN ACCORDANCE WITH THESE TERMS.
Cancellation. You may cancel your Membership at any time by contacting us at legal@wonder.dog or through the account management page on our website, which includes a cancellation click-through link. Cancellation will take effect at the end of the then-current annual billing period, and you will retain access to the Service through that date. We do not provide prorated refunds for unused portions of a Membership term. Notwithstanding the foregoing, if you cancel within seven (7) days of your initial Membership purchase and have not yet used any blood draw, diagnostic, or Televet consultation services included in your Membership, you may request a full refund by contacting legal@wonder.dog. This seven-day refund right does not apply to Membership renewals.
Wonderdog reserves the right to modify Membership pricing upon reasonable notice. Price changes will take effect at your next renewal date. If you do not agree to a price change, you must cancel your Membership before the renewal date on which the new price takes effect. Continued use of the Service after a price change takes effect constitutes your acceptance of the new pricing.
Nature of Diagnostic Results
All diagnostic results, biomarker reports, and AI-generated health analyses provided through the Service (collectively, “Diagnostic Results”) are intended solely for informational and preventive health monitoring purposes. Diagnostic Results do not constitute a definitive veterinary diagnosis, a prescription, or a recommended course of treatment, and must not be relied upon as such. Wonderdog’s biomarker panels are designed to identify trends and flag potential areas of concern over time — they are not a substitute for a comprehensive in-person veterinary examination.
You expressly acknowledge and agree that:
Diagnostic Results may include false positives or false negatives. A result outside a reference range does not confirm the presence of disease, and a result within a reference range does not confirm the absence of disease.
Reference ranges used in Wonderdog’s panels are population-based estimates and may not reflect the normal baseline for your individual pet. Breed, age, sex, medication use, recent activity, and other factors can affect biomarker values.
Early detection markers, including but not limited to SDMA, thymidine kinase 1 (TK1), and oncology screening panels, are screening tools only. A positive or elevated result requires follow-up evaluation by a licensed veterinarian and does not constitute a diagnosis of kidney disease, cancer, or any other condition.
Wonderdog’s AI-powered analysis is a decision-support tool designed to assist licensed veterinarians in identifying patterns across longitudinal data. It does not replace, and must not be substituted for, professional veterinary clinical judgment. You acknowledge and agree that there are inherent risks for AI-powered analyses that cannot be fully protected against, including hallucinations or false or misleading outputs.
Any clinical decisions — including but not limited to changes in medication, diet, further diagnostic testing, or treatment — must be made in consultation with a licensed veterinarian who has conducted an appropriate physical examination and established a valid veterinarian-client-patient relationship (VCPR) in accordance with applicable state law.
You hereby agree that Wonderdog is not responsible for any outcome — including delayed diagnosis, misdiagnosis, or treatment decisions — arising from your reliance on Diagnostic Results without appropriate follow-up veterinary care.
Late Fees and Other Charges
If you fail to have your pet available or accessible at the time of a scheduled at-home Appointment, you will be charged for the time incurred by the Vet Tech and/or Televet. In addition, you agree to indemnify us from any and all costs and expenses we incur as a result of your failure to make your pet available at the scheduled appointment time.
Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend (with counsel reasonably acceptable to us), and hold harmless Wonderdog Health, Inc. and its licensees and licensors, and our/their employees, contractors, agents, officers, and managers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of: a) your use of or access to the Service, including your account; b) your violation of these Terms or any applicable law; or c) your misrepresentations regarding your pet, including about your pet’s vaccination status, health history, or behavioral history.
Additionally, to the maximum extent permitted by law, you agree to indemnify, defend (with counsel reasonably acceptable to us), and hold harmless Wonderdog Health, Inc. and its licensees and licensors, and our/their employees, contractors, agents, officers, and managers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) resulting from or arising out of: a) injuries your pet causes to another pet or person in our care or in the presence of our staff; b) damages to property caused by your pet; c) injuries your pet causes to any Wonder Dog employee, agent, contractor, Televet, Vet Tech, or affiliate; d) any nuisances, quarantine expenses, or other costs created by your pet; and/or e) your violation of the conditions of these Terms (including, without limitation, the prohibited conduct set forth herein).
Limitation of Liability
IN NO EVENT SHALL WONDERDOG HEALTH, INC., NOR ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, INCLUDING YOUR ACCOUNT; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WONDERDOG INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR DIAGNOSTIC RESULTS; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE, INCLUDING YOUR APPOINTMENTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR ACCOUNT AND/OR ANY AND ALL PERSONAL INFORMATION OR PET HEALTH DATA STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DIAGNOSTIC REPORT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) ANY USER OR OTHER THIRD-PARTY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY; (VIII) ANY INJURY OR ILLNESS OF YOUR PET WHILE RECEIVING OUR SERVICES; (IX) ANY INJURY, ILLNESS, OR LOSS OF YOUR PET RESULTING FROM OUR ATTEMPT TO PROVIDE YOUR PET WITH CARE IN THE EVENT OF AN EMERGENCY; AND/OR (X) THE LOSS AND/OR DEATH OF YOUR PET WHILE IN OUR CARE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WONDERDOG HEALTH, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT SHALL WONDERDOG HEALTH, INC.’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE — WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY — EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO WONDERDOG IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS CAP APPLIES TO ALL CLAIMS IN THE AGGREGATE, NOT PER CLAIM, AND SHALL APPLY EVEN IF WONDERDOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
Disclaimer
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. DIAGNOSTIC RESULTS, AI-GENERATED HEALTH REPORTS, AND TELEHEALTH CONSULTATIONS PROVIDED THROUGH THE SERVICE ARE INTENDED TO SUPPLEMENT, NOT REPLACE, IN-PERSON VETERINARY CARE.
WONDERDOG HEALTH, INC. AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION OR BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Emergencies
You hereby authorize us to obtain and authorize the provision of veterinary or other emergency care for your pet if you cannot be reached to authorize care yourself in an emergency situation. In such case, you also authorize your pet’s veterinarian to release your pet’s veterinary records to us. Wonderdog will make reasonable efforts to contact you before authorizing emergency care and, where practicable, will attempt to obtain verbal or written authorization from you prior to incurring costs on your behalf. You are responsible for the costs of any medical or emergency care or treatment reasonably authorized for your pet on your behalf; provided, however, that Wonderdog will not authorize emergency expenditures exceeding five hundred U.S. dollars ($500) on your behalf without first making reasonable attempts to reach you, unless the delay would, in the reasonable clinical judgment of the attending Televet or treating veterinarian, create an imminent risk to the life of your pet. Any emergency costs authorized in excess of this threshold will be communicated to you as promptly as practicable.
In some cases, Wonderdog’s Vet Techs and/or Televets may attempt to provide guidance or care to your pet in an emergency situation, either in lieu of or in addition to reaching out to a veterinarian. You authorize us to provide such guidance on your pet’s behalf.
Changes
Wonderdog reserves the right, in its sole discretion, to modify or replace these Terms at any time. When we make material changes, we will provide you with reasonable advance notice by sending an email to the address associated with your account and/or by posting a prominent notice on our website, no less than thirty (30) days before the changes take effect (or such shorter period as required by law). Non-material changes may take effect immediately upon posting. The most current version of the Terms will always be available on our website and will supersede all prior versions. Your continued access to or use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and, if applicable, cancel your Membership before the effective date of the changes. Cancellations made in response to a material change in Terms will be treated as cancellations made for cause; in such cases, Wonderdog will provide a prorated refund of any prepaid but unused Membership fees covering periods after the effective date of the change.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C. §512(c)(3) for further details): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest; a description of the copyrighted work that you claim has been infringed, including the URL of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Service where the material that you claim is infringing is located; 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 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 owner or authorized to act on the copyright owner’s behalf. We may terminate your account or use of the Service if you are a repeat infringer under a repeat infringer policy.
DMCA notices may be sent to:
Wonderdog Health, Inc.
Additional Prohibited ConductYou shall not engage in any of the following activities at any time with respect to the Wonderdog website: (a) the impersonation of any person or entity, (b) any act that infringes or otherwise violates the intellectual property, privacy, or publicity rights of any person or entity, (c) the reproduction of the website or its content (including, without limitation, the Service) or the creation of any derivative works of the website or its content (including, without limitation, the Service), (d) the publication of any content that is objectionable or illegal (including content that is defamatory, disparaging, false, misleading, threatening, or abusive), (e) the publication of any machine, computer, or randomly-generated content, (f) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers, or applications, (g) the systematic retrieval or copying of any information or content found on or through the website to directly or indirectly create or compile a collection, compilation, database, or directory, (h) any act or the use of any software, program, or process to monitor, copy, disrupt, damage, or impermissibly access the website or its infrastructure, (i) any act that involves or concerns decrypting, security bypassing, hacking, data mining, or the like on or through the website, or (j) any other act that Wonderdog becomes aware of and believes in good faith is improper, illegal, or harmful to the website or its servers, or any person, entity, or property. Wonderdog reserves the right to take down or otherwise exclude from the website, without notice or recourse, any content made or submitted by you that Wonderdog believes in its sole discretion to be in violation of the foregoing prohibited activities or that Wonderdog otherwise considers to be unsuitable for the website.
Linked Technologies
The Wonderdog website or any communications sent as a function of the website (including, without limitation, the Service) may contain links to third-party websites or applications and, similarly, third-party websites or applications may contain links to the Wonderdog website (collectively, the “Linked Technologies”). The Linked Technologies are not under the control of Wonderdog or the Wonderdog website, and any such communications contain the outgoing links as a convenience to you.
Wonderdog is not responsible for any information, goods, services, or other content that may be found on or excluded from the Linked Technologies (including malicious software, inaccurate information, and illegal content). Wonderdog does not make any representations or warranties (whether express, implied, or otherwise) concerning the terms of use, privacy policies, agreements, information, goods, services, or other content that may be found on or excluded from the Linked Technologies. The fact that the Wonderdog website may link to or from any Linked Technologies shall not constitute an affiliation with, association with, or endorsement of such Linked Technologies, and their information, goods, services, or other content. If you decide to access any Linked Technologies, then you do so at your own risk.
Miscellaneous
These Terms constitute the entire agreement between the parties as to the matters in these Terms and supersede any prior agreements. These Terms do not create any agency, partnership, employer, or joint venture relationship. Use of the Service, including creation and use of an account, constitutes your consent to receiving communications from us, including emails with marketing offers and information about your account and your pet’s health. The parties shall not be liable for any event beyond that party’s reasonable control, such as a war, epidemic, natural disaster, government order or regulation, explosion, fire, strike, act of God, or other force majeure event. If any provision of these Terms is ruled to be invalid or unenforceable, the remainder of the Terms shall continue to be valid and enforceable, and to this end these Terms are severable.
Contact Us
Wonderdog welcomes your questions or comments regarding the Terms.
Please contact us at legal@wonder.dog.