Terms of service

Everfur Terms of Service

LAST UPDATED: September 8, 2026. EFFECTIVE: UPON ACCEPTANCE FOR NEW USERS; October 8, 2026 FOR EXISTING USERS.

1. Acceptance of Terms and Binding Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Strand Health Inc., a Delaware C corporation doing business as Everfur, with its principal place of business at 1002 Dean Street, Suite 101, Brooklyn, NY 11238 ("Company," "we," "us," or "our"). These Terms govern your access to and use of all Company products, services, platforms, applications, websites, APIs, hardware, diagnostic kits, sample collection materials, laboratory services, data analytics, e-commerce marketplace, membership plans, veterinary telehealth scheduling and communication tools, prescription coordination services, community features, and all related offerings (collectively, the "Services").

The Services include, without limitation: (a) Everfur Health Intelligence, our direct to consumer pet health application; (b) Everfur Clinical Intelligence, our business to business clinical decision support platform for licensed veterinary professionals; (c) the Everfur Fur Metabolomics Test Kit and all associated sample collection, shipping, laboratory analysis, and results delivery services; (d) the Everfur Care Team Feed, our community content sharing and social engagement feature; (e) the Everfur Marketplace, our e-commerce platform for pet health products, supplements, food, accessories, and related goods; (f) the Everfur Membership and the scheduling, video, messaging, records, and payment tools through which independent licensed Veterinary Providers deliver Veterinary Telehealth Services (as defined in Section 6.6), together with prescription coordination features that facilitate communication between users, licensed veterinary professionals, and licensed pharmacy partners; (g) walk tracking and activity monitoring features; (h) all mobile applications available through the Apple App Store and Google Play Store; (i) the Everfur website and all subdomains (including but not limited to my.everfur.com, app.everfur.com, api.everfur.com, shop.everfur.com, and clinic.everfur.com); (j) all application programming interfaces ("APIs"); and (k) any future products, features, or services we may offer.

BY CREATING AN ACCOUNT, DOWNLOADING OUR APPLICATION, PURCHASING ANY PRODUCT OR SERVICE, USING A TEST KIT, ACCESSING ANY SERVICE, SUBMITTING ANY DATA, POSTING TO THE CARE TEAM FEED, OR CLICKING "I AGREE," YOU REPRESENT AND WARRANT THAT: (I) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE; (II) YOU HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT; (III) YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY; (IV) YOU HAVE READ AND AGREE TO OUR PRIVACY POLICY (AVAILABLE AT EVERFUR.COM/PRIVACY); AND (V) YOU HAVE READ AND AGREE TO OUR PRESCRIPTION & PHARMACY POLICY (AVAILABLE AT EVERFUR.COM/PHARMACY-POLICY), OUR TELEHEALTH INFORMED CONSENT (AVAILABLE AT EVERFUR.COM/TELEHEALTH-CONSENT, WHICH APPLIES IF YOU USE VETERINARY TELEHEALTH SERVICES), AND END USER LICENSE AGREEMENT ("EULA"), EACH OF WHICH IS INCORPORATED HEREIN BY REFERENCE.

If you are using the Services on behalf of an organization, veterinary practice, business entity, or employer, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" shall include both you individually and the organization you represent.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES, DELETE ANY INSTALLED APPLICATIONS, AND DESTROY OR RETURN ANY UNUSED TEST KIT MATERIALS.

2. Description of Services

2.1 Everfur Health Intelligence (Consumer)

Everfur Health Intelligence is a consumer facing pet health informational platform powered by artificial intelligence and machine learning. The Services provide health assessments, symptom analysis, medication information, breed specific health risk profiles, and general pet health guidance for dogs and cats. Features include, but are not limited to: (a) image based skin disease analysis using convolutional neural network classifiers trained on veterinary dermatological datasets; (b) image based eye disease screening using deep learning models for the detection of visual indicators of cataracts, cherry eye, conjunctivitis, corneal ulcers, and glaucoma; (c) audio based cough analysis for the identification of respiratory patterns; (d) AI powered health chat providing evidence grounded responses derived from peer reviewed veterinary publications; (e) drug information lookup with species specific dosing parameters, multi drug interaction checking, and breed pharmacogenomic alerts; (f) patient memory functionality that retains breed, age, weight, medications, allergies, past conditions, and prior conversation context; (g) Health Intelligence Pro, a premium subscription tier providing citation backed responses; (h) walk tracking with GPS route recording, distance, duration, pace, and activity history; (i) Care Team Feed for sharing pet health updates, milestones, and photos with the community; (j) integration with the Everfur Fur Metabolomics Test Kit; (k) access to the Everfur Marketplace for pet health products and prescription coordination; and (l) for Members, scheduling of and access to Veterinary Telehealth Services as described in Section 6.6.

2.2 Everfur Clinical Intelligence (Professional)

Everfur Clinical Intelligence is a clinical decision support platform designed exclusively for licensed veterinary professionals. Features include, but are not limited to: (a) AI assisted differential diagnosis engine; (b) drug dosing and interaction engine; (c) AI clinical scribe for automated clinical note generation; (d) imaging AI for analysis of thoracic and abdominal radiographs, ultrasound, CT, dermatological images, cytology, and dental imaging; (e) lab interpretation engine; (f) breed risk profiling and preventive care recommendations; (g) clinical outcome tracking; (h) DEA controlled substance compliance tools; (i) clinical literature access and continuing education credit tracking; and (j) telehealth partnership integration. Access to Everfur Clinical Intelligence may be further governed by a separate Master Services Agreement ("MSA") or enterprise license agreement.

2.3 Everfur Fur Metabolomics Test Kit

The Everfur Fur Metabolomics Test Kit ("Test Kit" or "Kit") is a direct to consumer at home sample collection kit that enables pet owners to collect fur samples from their dog or cat for laboratory metabolomics analysis. BY PURCHASING, REGISTERING, OR USING THE TEST KIT, YOU CONSENT TO THE COLLECTION, TRANSPORT, PROCESSING, ANALYSIS, STORAGE, AND USE OF BIOLOGICAL SAMPLES AND DERIVED DATA AS DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY.

2.4 Care Team Feed

The Care Team Feed is a community content sharing feature within the Services that allows users to post and view pet health updates, photographs, milestones, walk activity summaries, and other pet related content. You acknowledge and agree that: (a) content posted to the Care Team Feed may be visible to other users of the Services in accordance with your privacy settings; (b) you are solely responsible for all content you post to the Care Team Feed; (c) we may moderate, remove, or restrict content that violates Section 4.2 (Acceptable Use and Restrictions) or community guidelines; (d) we do not verify the accuracy of content posted by other users and are not responsible for any user generated content; (e) information shared through the Care Team Feed is not private and may be viewed, saved, or captured by other users; (f) health related content posted by other users to the Care Team Feed does not constitute veterinary medical advice; and (g) you should not rely on content from other users for medical decision making.

2.5 Everfur Marketplace and E-Commerce

The Everfur Marketplace is an e-commerce platform integrated within the Services through which users may browse, purchase, and receive pet health products including but not limited to food, supplements, treats, grooming supplies, health monitoring devices, and accessories. You acknowledge and agree that: (a) product availability, pricing, descriptions, and imagery are subject to change without notice; (b) we make commercially reasonable efforts to ensure product descriptions and images are accurate but do not guarantee that all product descriptions, images, pricing, or other content are complete, accurate, reliable, current, or error free; (c) we reserve the right to limit quantities, refuse orders, or cancel orders at our discretion, including after order confirmation; (d) products are fulfilled through our distribution partners (currently including Pet Stores USA and other authorized distributors) and affiliate partners and are subject to their shipping timelines and policies; (e) risk of loss and title to physical products passes to you upon delivery to the carrier; (f) we are not the manufacturer of products sold through the Marketplace and are not responsible for product defects, manufacturing errors, or product liability claims, except to the extent required by applicable law; and (g) product recommendations, including AI generated recommendations based on your pet's health profile, are informational and educational only and do not constitute veterinary medical advice.

2.6 Prescriptions and Pharmacy

Prescriptions and prescription products are governed by our Prescription & Pharmacy Policy, available at everfur.com/pharmacy-policy and incorporated into these Terms by reference.

2.7 Walk Tracking

The walk tracking feature allows you to record GPS based routes, distance, duration, pace, elevation, and other activity metrics during walks with your pet. You acknowledge and agree that: (a) walk tracking requires you to grant precise location (GPS) permission to the application; (b) GPS accuracy depends on environmental factors including satellite visibility, atmospheric conditions, urban canyon effects, tree canopy, and device hardware, and we do not guarantee the accuracy of any walk tracking data; (c) walk tracking data is stored in your account and may be shared to the Care Team Feed if you choose to share it; (d) you are solely responsible for your safety and the safety of your pet during walks, and the walk tracking feature does not provide navigation, safety, or hazard detection capabilities; (e) the Company is not liable for any injury, loss, or damage occurring during a walk, whether or not the walk tracking feature was in use; and (f) battery consumption may increase during walk tracking sessions due to continuous GPS usage.

2.8 Nature of Services

THE SERVICES, INCLUDING ALL AI GENERATED OUTPUTS, IMAGE ANALYSES, AUDIO ANALYSES, DRUG INFORMATION, DIFFERENTIAL DIAGNOSES, METABOLOMICS REPORTS, HEALTH ASSESSMENTS, PRODUCT RECOMMENDATIONS, AND INFORMATION PROVIDED THROUGH THE CARE TEAM FEED, ARE INFORMATIONAL AND EDUCATIONAL IN NATURE. THE SERVICES DO NOT CONSTITUTE VETERINARY MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6.6 WITH RESPECT TO CARE DELIVERED BY LICENSED VETERINARY PROVIDERS, THE SERVICES DO NOT ESTABLISH A VETERINARIAN CLIENT PATIENT RELATIONSHIP ("VCPR"). USE OF THE SERVICES IS NOT A SUBSTITUTE FOR PROFESSIONAL VETERINARY CARE. SEE SECTION 17 (VETERINARY AND DIAGNOSTIC DISCLAIMERS) FOR ADDITIONAL CRITICAL INFORMATION.

3. Account Registration, Security, and Authentication

3.1 Account Creation

To access certain features of the Services, you must create an account. You agree to: (a) provide accurate, current, and complete information during the registration process; (b) update such information promptly to keep it accurate, current, and complete; (c) maintain the confidentiality of your account credentials; and (d) accept responsibility for all activities that occur under your account, whether or not authorized by you.

3.2 Pet Profile Data

You may create one or more pet profiles within your account. By creating a pet profile, you agree to provide accurate information. You represent and warrant that all information provided in pet profiles is accurate to the best of your knowledge and that you are the legal owner of the animal or have legal authority to provide such information.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, including posts to the Care Team Feed, purchases through the Marketplace, Visits booked with Veterinary Providers, and walk tracking sessions. You agree to notify us immediately at security@everfur.com of any unauthorized use of your account.

3.4 Account Suspension and Termination

(a) Termination by User. You may delete your account at any time through the in app account settings or by contacting us at hello@everfur.com. Deleting your account does not delete veterinary medical records that a Veterinary Provider is required by law to retain; see our Privacy Policy.

(b) Termination by Company. We reserve the right to suspend, restrict, or terminate your account and access to the Services at any time, with or without cause, and with or without notice, in our sole and absolute discretion. Grounds for termination include, but are not limited to: violation of these Terms (including Section 4.2); fraudulent, abusive, or illegal activity; misuse of the Services or community features; posting harmful, misleading, or prohibited content to the Care Team Feed; attempted reverse engineering of any AI models or proprietary systems; submission of deliberately false or misleading data; harassment of other users, Veterinary Providers, or Company personnel; creation of multiple accounts to circumvent usage limits or community bans; fraudulent purchase activity; misrepresentation of your pet's location or ownership in connection with Veterinary Telehealth Services; or any conduct that we determine, in our sole discretion, is harmful to other users, third parties, the Services, or the Company.

4. License Grant and Restrictions

4.1 Limited License

Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non exclusive, non transferable, non sublicensable, revocable license to: (a) download, install, and use the Everfur mobile application on a device that you own or control; (b) access and use Everfur Health Intelligence, including the Care Team Feed, walk tracking, and Marketplace, solely for your personal, non commercial use in connection with the health management of animals you own or for which you are a legally authorized caretaker; and (c) access and use Everfur Clinical Intelligence solely for your internal business purposes as a licensed veterinary professional, subject to any additional terms in your MSA or enterprise license agreement, as applicable.

4.2 Acceptable Use and Restrictions

You agree not to, and you will not permit any third party to:

(a) Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services, any underlying technology, AI models, algorithms, neural network architectures, knowledge graphs, training data, proprietary databases, or any other component of the Services;

(b) License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services, any AI generated outputs, any metabolomics data or reports, any product listings or descriptions, or any content therein;

(c) Use the Services, any outputs, data, or content to build, train, validate, fine tune, distill, or improve any artificial intelligence, machine learning, large language model, computer vision model, or natural language processing system, whether your own or any third party's;

(d) Use the Services to build a competitive product, service, or dataset, or to benchmark the Services against a competing product or service without our prior written consent;

(e) Use any automated means, including robots, spiders, scrapers, browser automation tools, data mining tools, or similar technologies to access, download, index, scrape, or collect data from the Services, the Care Team Feed, the Marketplace, or any other feature;

(f) Interfere with, disrupt, degrade, or impair the integrity, performance, security, or availability of the Services;

(g) Remove, alter, obscure, or tamper with any proprietary notices, labels, watermarks, digital rights management mechanisms, or marks on or within the Services;

(h) Use the Services for any unlawful purpose or in violation of any applicable law;

(i) Use the Services to generate, store, process, or transmit any content that is defamatory, obscene, fraudulent, infringing, threatening, harassing, or otherwise objectionable;

(j) Impersonate any person, entity, veterinary professional, or falsely state or otherwise misrepresent your affiliation, credentials, or professional licensure;

(k) Use the AI generated outputs of the Services as the sole basis for euthanasia decisions, controlled substance prescribing without independent clinical verification, surgical decisions, anesthesia protocols, or any decision with irreversible consequences;

(l) Submit samples from species other than domestic dogs or domestic cats for metabolomics testing, or submit samples from animals you do not own or for which you lack legal authority;

(m) Attempt to re identify, de anonymize, or reverse engineer the identity of any animal, individual, or practice from aggregated or anonymized data;

(n) Use the Care Team Feed to promote commercial products, services, or businesses; post spam, promotional content, or multi level marketing material; solicit other users; or engage in any commercial activity not expressly authorized by the Company;

(o) Purchase products through the Marketplace for resale, commercial distribution, or any purpose other than personal use for animals you own or care for;

(p) Use prescription coordination features to obtain prescriptions fraudulently, submit false prescription information, or circumvent any prescribing or dispensing requirements;

(q) Misrepresent your identity, credentials, or relationship to an animal in connection with any purchase, prescription coordination request, or other transaction;

(r) Use the walk tracking feature in any manner that could create a safety hazard for yourself, your pet, or others;

(s) Misrepresent the physical location of your pet or yourself, or the state in which your pet is located at the time of a Visit, in connection with Veterinary Telehealth Services;

(t) Request, attempt to obtain, or use the Services to obtain any controlled substance, any medication for human use, or any medication for an animal other than the pet registered in your account and examined by the Veterinary Provider;

(u) Share Membership benefits with persons outside your household, book Visits for animals you do not own or have legal authority over, or use Veterinary Telehealth Services to obtain advice, treatment, or prescriptions for animals kept for commercial breeding, racing, or resale;

(v) Record, redistribute, or publish any Visit or any communication with a Veterinary Provider without the Veterinary Provider's consent, or harass, threaten, or abuse any Veterinary Provider or Company personnel; or

(w) Encourage, assist, or enable any third party to do any of the foregoing.

5. Intellectual Property Rights

5.1 Company Ownership

All right, title, and interest in and to the Services, including without limitation all software, source code, object code, AI models, neural network architectures, model weights, training pipelines, knowledge graphs, ontologies, databases, data compilations, algorithms, natural language processing systems, computer vision models, metabolomics analysis pipelines, bioinformatics tools, product catalog content, marketplace design, Care Team Feed design and functionality, walk tracking algorithms and visualizations, text, graphics, logos, trademarks, trade names, service marks, trade dress, user interfaces, visual interfaces, interaction designs, photographs, audio, video, content, documentation, and all other elements of the Services (collectively, "Company Materials"), are and shall remain the exclusive property of Strand Health Inc. and its licensors.

5.2 Licensed Content

Certain clinical reference content, drug information, formulary data, pharmacological databases, published literature, continuing education materials, product descriptions and imagery from third party manufacturers, and other content displayed within the Services are used under license from third party publishers, content providers, product manufacturers, and academic institutions. You may not reproduce, distribute, modify, publicly display, or otherwise exploit Licensed Content without the express written permission of the applicable licensor.

5.3 Patent Rights

Certain aspects of the Services, including but not limited to methods of fur based metabolomics analysis for animal health assessment, AI driven clinical decision support architectures, out of distribution detection systems for medical imaging, multi modal veterinary health intelligence systems, and walk activity pattern analysis methods, may be covered by one or more pending or issued patents in the United States and other jurisdictions. Nothing in these Terms grants you any license under any patent owned or controlled by the Company.

5.4 User Content

You retain ownership of content you submit to the Services ("User Content"), including but not limited to pet photographs, audio recordings, clinical notes, health records, Care Team Feed posts and comments, product reviews, walk annotations, and other materials. By submitting User Content, you grant us a worldwide, non exclusive, royalty free, fully paid, sublicensable (through multiple tiers), and transferable license to use, reproduce, modify, adapt, process, analyze, publish, display, distribute, and create derivative works from such User Content solely for the purposes of: (a) operating, maintaining, improving, and providing the Services, including displaying your content in the Care Team Feed to other users and making your pet's health information available to Veterinary Providers you engage; (b) developing and improving our AI models, algorithms, and analytical capabilities, subject to your separate opt in consent as described in our Privacy Policy; (c) generating aggregated, de identified, and anonymized datasets and analytics; (d) complying with applicable laws and regulations; and (e) enforcing these Terms. This license survives termination of your account to the extent necessary to complete any pending operations and to maintain the integrity of aggregated and anonymized datasets. For Care Team Feed content specifically, you acknowledge that content you make visible to other users may be viewed, saved, or captured by those users, and we cannot guarantee complete deletion of such content from all recipients' devices or accounts. Veterinary medical records created by a Veterinary Provider are governed by the Telehealth Informed Consent and applicable veterinary practice laws, and are retained as described in our Privacy Policy.

5.5 Feedback

We may from time to time invite or request your Feedback, including through surveys, feedback forms, in app prompts, and user research or beta programs, as further described in Section 18.6 (Feedback, Survey, and Research Requests). Your participation is always voluntary. If you provide us with any suggestions, ideas, enhancement requests, feature requests, recommendations, bug reports, or other feedback regarding the Services ("Feedback"), you hereby irrevocably assign to us all right, title, and interest in and to such Feedback. We are free to use, implement, disclose, reproduce, license, distribute, and commercialize Feedback without obligation, attribution, or compensation to you.

5.6 Trademarks

"Everfur," "Strand Health," "Everfur Health Intelligence," "Everfur Clinical Intelligence," "Health Intelligence Pro," "Care Team Feed," the Everfur logo, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of Strand Health Inc. or its affiliates. You may not use such marks without the prior written permission of the Company.

6. Fees, Payment, Subscriptions, and Purchases

6.1 Subscription Fees

Certain features of the Services require payment of subscription fees. All fees are stated in U.S. dollars and are non refundable except as expressly provided herein or as required by applicable law. We reserve the right to change our fees at any time upon thirty (30) days' prior notice.

6.2 Auto Renewal and Cancellation

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through the applicable app store or through your account settings. Cancellation takes effect at the end of the current billing period. Cancellation is available online through the same channel you used to subscribe and does not require you to contact support, although you may also cancel by emailing hello@everfur.com.

6.3 Test Kit Purchases

Test Kit purchases are non refundable once the kit has been registered or once a sample has been submitted. Unregistered and unopened Test Kits may be returned within thirty (30) days for a full refund, less shipping costs.

6.4 Marketplace Purchases

Products purchased through the Everfur Marketplace are subject to the following terms: (a) all prices are in U.S. dollars and include applicable product costs but exclude shipping, handling, and applicable taxes unless otherwise stated; (b) we reserve the right to modify pricing, discontinue products, limit quantities, and refuse or cancel orders at any time; (c) order confirmation does not guarantee product availability; if a product becomes unavailable after order confirmation, we will notify you and issue a full refund; (d) estimated delivery timelines are approximate and not guaranteed; (e) risk of loss and title to products passes to you upon delivery to the shipping carrier; (f) returns and exchanges are handled in accordance with our Return Policy as displayed on the applicable product page at the time of purchase, and generally must be initiated within thirty (30) days of delivery for unopened products in their original packaging; (g) perishable items, opened consumables, and custom or personalized products are not eligible for return; (h) refunds for returned products will be credited to the original payment method within ten (10) to fifteen (15) business days of our receipt of the returned product; and (i) all sales of prescription products are governed by our Prescription & Pharmacy Policy and applicable law.

6.5 Taxes

All fees are exclusive of any applicable sales, use, value added, goods and services, withholding, or other taxes, duties, or assessments. You are responsible for the payment of all such taxes in connection with your use of the Services.

6.6 Everfur Membership and Veterinary Telehealth Services

(a) Definitions. "Membership" means the paid Everfur membership plan described in this Section 6.6 (currently marketed as Everfur Pro). "Member" means a user with an active Membership. "Veterinary Provider" means an independently licensed veterinarian, who provides services to Members through the Everfur platform as an independent professional contracting with the Company. "Veterinary Telehealth Services" means veterinary telemedicine and teletriage delivered by Veterinary Providers through the Everfur platform. "Visit" means a scheduled, live, synchronous audio video consultation between a Member and a Veterinary Provider.

(b) Plans and pricing. Membership is offered on a monthly plan at fifteen U.S. dollars ($15.00) per month, billed monthly, or an annual plan at one hundred forty four U.S. dollars ($144.00) per year (equivalent to $12.00 per month), billed in a single payment at the start of each annual term. Prices exclude applicable taxes. Promotional pricing, partner pricing, and gift or referral credits are as stated at checkout and may be withdrawn or modified at any time for future periods. We may change Membership pricing on renewal with at least thirty (30) days' advance notice, and you may cancel before the new price takes effect.

(c) What Membership includes. While your Membership is active you receive: (i) one (1) Visit per calendar month with a Veterinary Provider, where Visits are available for your state as shown at everfur.com/service-availability; unused Visits do not roll over, accumulate, or convert to credit; (ii) the ability to purchase additional Visits at the then current per Visit price shown in the app (currently $25.00 per Visit); (iii) follow up messaging with your Veterinary Provider through the Everfur app after a Visit, subject to reasonable use and to your Veterinary Provider's judgment about when a further Visit or in person care is required; (iv) member pricing on pharmacy orders as displayed at checkout; and (v) the Membership features described in the app at the time of purchase. Membership covers pets registered to your account and living in your household, up to five (5) pets. We may change the features included in Membership on reasonable notice; if we materially reduce them during a paid period you may cancel and receive a prorated refund of the unused portion of that period.

(d) Free first Visit. If you start Membership with a free first Visit offer, you provide a valid payment method at signup and receive one (1) Visit at no charge. Your paid Membership begins, and your payment method is charged the price of the plan you selected, when your free Visit is completed or thirty (30) days after you provide your payment method, whichever comes first, unless you cancel before then. You may cancel at any time in your account settings, and if you cancel before your paid Membership begins you will not be charged. The free Visit does not count as an included Visit of the paid period that follows. One free Visit per household. A free Visit is subject to this Section 6.6, the Telehealth Informed Consent, availability in your pet's state, and the Veterinary Provider's professional judgment. Any prescription issued during a free Visit is filled and paid for in the ordinary way under the Prescription & Pharmacy Policy. We may limit or withdraw free Visit offers at any time.

(e) Billing and renewal. Membership renews automatically at the end of each monthly or annual term until you cancel. You authorize us and our payment processor to charge your payment method on file for each renewal, for additional Visits you purchase, and for any applicable taxes. For annual plans we will send a renewal reminder to your account email fifteen (15) to forty five (45) days before the renewal date. If a payment fails we may retry it, suspend Membership benefits (including Visits) until payment succeeds, or cancel the Membership.

(f) Cancellation. You may cancel Membership at any time in your account settings (web or app); if you subscribed through an app store, cancel through that app store. Cancellation stops future charges. Your benefits continue until the end of the period already paid for, and no partial period refund is provided except as described in Section 6.7.

(g) Nature of Membership; who provides care. Membership is a subscription to the Everfur platform and to the benefits described above. Veterinary Telehealth Services are professional services provided to you by Veterinary Providers, not by the Company. Before your first Visit you must read and accept the Telehealth Informed Consent at everfur.com/telehealth-consent, which describes the limits of telehealth, how a veterinarian client patient relationship is established in your state, prescriptions, recording, and your rights. Visits and prescriptions are available only where permitted by the law of the state in which your pet is physically located at the time of the Visit; you must confirm that state at each booking. A Veterinary Provider may, in their sole professional judgment, decline to establish a relationship, decline to treat or prescribe, limit a Visit, or refer your pet to in person care, and Membership does not entitle you to any particular diagnosis, treatment, medication, or outcome. Veterinary Telehealth Services are not for emergencies.

(h) Scheduling, late cancellation, and no shows. Visits are scheduled in the app in time limited slots (currently ten (10) minutes; a Veterinary Provider may end a Visit early when clinically appropriate or recommend a further Visit). You may reschedule or cancel a Visit at no charge up to two (2) hours before its start time. If you cancel later than that, or do not join within five (5) minutes of the start time, the Visit is treated as used: an included Visit is consumed for that month and a purchased additional Visit is forfeited. If the Veterinary Provider is unavailable or cannot connect, we will reschedule at no charge and the Visit is not counted.

(i) Member conduct. You agree that, in connection with Veterinary Telehealth Services, you will: provide accurate and complete information about your pet, including its location, history, and current medications; be the owner of the pet or a person with legal authority to consent to its care; use Membership only for pets in your household; treat Veterinary Providers with courtesy; and not seek any controlled substance, any medication for human use, or any prescription for an animal the Veterinary Provider has not examined. We may suspend or end Membership for violations of this Section 6.6 or Section 4.2.

(j) Changes in availability. Availability of Visits and prescriptions by state depends on licensing and state law and may change. If Visits become unavailable in your state during a paid period, you may cancel and receive a prorated refund of the unused portion of that period under Section 6.7.

(k) Partner memberships. If you receive Membership through an employer, retailer, insurer, or other partner, that partner's terms may modify the pricing, term, and cancellation provisions above; in all other respects these Terms apply.

6.7 Refunds

Except as required by applicable law or expressly stated in this Section 6.7, all Membership fees and Visit fees are non refundable, and no refunds or credits are given for partial periods, unused Visits, or unused features. We will refund you in the following cases: (a) Annual plan cooling off: if you cancel an annual Membership within fourteen (14) days after your first annual charge and have not completed a Visit after that charge, we will refund the annual fee in full. (b) Unable to treat: if during your first Visit the Veterinary Provider determines that your pet's concern cannot be addressed through telehealth and no assessment, treatment plan, or prescription is provided, that Visit is not counted and, if you request it within seven (7) days, we will refund the Membership fee for the current billing period. (c) Service unavailable: if no Visit can be offered in your state within seven (7) days of your first booking request, or Visits become unavailable in your state during a paid period, you may cancel and we will refund the unused portion of the current period on a prorated basis. (d) Provider no show: a Visit missed by the Veterinary Provider is rescheduled at no charge, and if you prefer, a purchased additional Visit is refunded. (e) Prescription products: because dispensed medications cannot be returned to stock, sales of prescription products are final once dispensed, except for products that arrive damaged, are incorrect, or are lost in transit, which are replaced or refunded as described in our Prescription & Pharmacy Policy. (f) Marketplace products: Section 6.4 applies. Approved refunds are issued to the original payment method within ten (10) business days. Purchases made through an app store are subject to that app store's refund process, and we cannot issue refunds for app store transactions directly. To request a refund, email hello@everfur.com with your account email and the reason for the request.

7. Permissions, Device Access, and Location Services

7.1 Device Permissions

To provide the full functionality of the Services, the Everfur mobile application may request access to the following device features and data:

(a) Camera. Required for capturing photographs for health analysis features, video Visits, and Care Team Feed posts.

(b) Microphone. Required for recording audio for cough analysis, video Visits, and other audio based assessment features.

(c) Photo Library / Gallery. Required to allow you to select existing photographs from your device for analysis, profile photos, Care Team Feed posts, and product reviews. When you grant photo library access, the application accesses only the specific images you select. We do not scan, index, or access your entire photo library.

(d) Location Services (GPS, Wi Fi, Cellular). Used to: (i) record walk tracking routes, distances, and activity data; (ii) provide location relevant health alerts; (iii) locate nearby veterinary clinics, emergency animal hospitals, and pharmacies; (iv) enable location tagging on Care Team Feed posts; (v) facilitate shipping and delivery estimates for Marketplace orders; (vi) help confirm the state in which your pet is located for Veterinary Telehealth Services; and (vii) improve the accuracy of regional health risk models. You may disable location services at any time through your device settings, but walk tracking and other location dependent features will not function without this permission.

(e) Push Notifications. Used to deliver health alerts, medication reminders, walk reminders, Care Team Feed engagement notifications, order status updates, shipping notifications, prescription status updates, Visit reminders and messages from Veterinary Providers, and service related communications.

(f) Bluetooth. May be used for integration with compatible diagnostic devices and wearable pet monitors.

(g) Storage / Files. Required to store cached data, downloaded reports, and offline content.

(h) Network Access. Required for all online functionality.

(i) Biometric Authentication. If supported by your device, you may enable biometric authentication for secure access.

7.2 Withdrawal of Permissions

You may revoke any device permission at any time through your device operating system settings. Revocation of certain permissions may limit or disable specific features of the Services. Revocation of permissions does not affect the lawfulness of data collection that occurred prior to revocation.

8. Data Collection, Processing, and Biological Samples

8.1 General Data Practices

We collect and process data as described in our Privacy Policy at everfur.com/privacy. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.

8.2 Biological Sample Terms

By submitting a biological sample through the Test Kit, you acknowledge and agree to the collection, processing, retention, and use terms as described in our Privacy Policy. Physical fur samples may be retained by the laboratory for up to twenty four (24) months. Derived Data will be stored for the duration of your active account. Samples cannot be returned after submission.

8.3 Data Security

We implement commercially reasonable administrative, technical, and physical safeguards designed to protect your data, including encryption in transit and at rest, access controls, and audit logging. We are pursuing SOC 2 Type II compliance. No method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

9. AI and Machine Learning Specific Terms

9.1 AI Output Disclaimers

THE SERVICES UTILIZE ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING MODELS THAT GENERATE OUTPUTS INCLUDING, BUT NOT LIMITED TO, TEXT BASED HEALTH ASSESSMENTS, IMAGE ANALYSIS RESULTS, AUDIO ANALYSIS RESULTS, DIFFERENTIAL DIAGNOSES, DRUG DOSING RECOMMENDATIONS, METABOLOMICS INTERPRETATIONS, HEALTH RISK SCORES, PRE VISIT INTAKE SUMMARIES, VISIT SUMMARIES, AND PRODUCT RECOMMENDATIONS (COLLECTIVELY, "AI OUTPUTS"). YOU ACKNOWLEDGE AND AGREE THAT:

(a) AI Outputs are probabilistic in nature and may contain errors, inaccuracies, omissions, or hallucinations;

(b) AI Outputs are generated by statistical models and do not reflect the clinical judgment of a licensed veterinarian, unless and until a Veterinary Provider has reviewed and adopted them as part of your pet's medical record;

(d) The accuracy, completeness, and reliability of AI Outputs may vary based on the quality and completeness of input data;

(e) AI models are trained on historical data and may not reflect the most current medical knowledge;

(f) Image and audio analysis results are screening tools only and are not diagnostic;

(g) Product recommendations generated by AI are informational and do not constitute veterinary medical advice or prescriptions; and

(h) The Company does not guarantee any particular outcome, accuracy rate, sensitivity, specificity, or predictive value for any AI Output.

9.2 No Diagnostic Claims

THE SERVICES ARE NOT MEDICAL DEVICES AND HAVE NOT BEEN CLEARED OR APPROVED BY THE FDA, USDA, OR ANY OTHER REGULATORY BODY FOR USE AS DIAGNOSTIC TOOLS. THE SERVICES DO NOT DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION IN ANY ANIMAL. ANY DIAGNOSIS OR TREATMENT YOUR PET RECEIVES THROUGH VETERINARY TELEHEALTH SERVICES IS MADE BY A LICENSED VETERINARY PROVIDER EXERCISING INDEPENDENT PROFESSIONAL JUDGMENT, NOT BY THE SERVICES.

10. Community Guidelines (Care Team Feed)

10.1 Content Standards

By posting content to the Care Team Feed, you agree that your content will: (a) be accurate and not misleading; (b) not impersonate any person or misrepresent your affiliation; (c) not contain spam, advertising, or promotional material for third party products or services; (d) not contain health advice that you represent as being from a veterinary professional unless you are a licensed veterinarian; (e) not contain graphic, disturbing, or gratuitously violent content; (f) not contain content that promotes animal abuse, neglect, or cruelty; (g) not contain hate speech, harassment, threats, or bullying directed at other users; (h) not contain content that violates any applicable law; (i) not contain personally identifiable information of third parties without their consent; and (j) not contain content that infringes any intellectual property rights.

10.2 Moderation

We reserve the right, but have no obligation, to monitor, moderate, edit, or remove any content posted to the Care Team Feed. We may suspend or terminate the community access of any user who violates these community guidelines or Section 4.2. We are not responsible for any content posted by users and disclaim all liability for user generated content.

10.3 Reporting

You may report content that violates these guidelines through the in app reporting feature. We will review reports and take appropriate action in our sole discretion.

11. Third Party Services and Integrations

The Services may integrate with or contain links to third party services not owned or controlled by us, including but not limited to: app stores, payment processors, cloud infrastructure providers, video conferencing and scheduling providers, practice management systems, laboratory systems, analytics services, e-commerce fulfillment providers, shipping carriers, pharmacy platforms, pet insurance portals, wearable device manufacturers, and social media platforms. We do not endorse or assume responsibility for any third party services.

12. Availability, Modifications, and Discontinuation

We reserve the right to modify, update, suspend, or discontinue the Services (or any features thereof) at any time, with or without notice, in our sole discretion. This includes the right to modify AI models, add or remove features, change pricing, discontinue the Test Kit or Marketplace, modify the Care Team Feed, change the states in which Veterinary Telehealth Services are offered, and implement usage limits. We shall not be liable for any modification, suspension, or discontinuation of the Services, subject to the refund rights in Section 6.7.

13. Indemnification

You agree to indemnify, defend, and hold harmless Strand Health Inc., its officers, directors, employees, agents, contractors, licensors, content providers, laboratory partners, distribution partners, pharmacy partners, academic collaborators, Veterinary Providers, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

(a) Your use of or inability to use the Services, including the Test Kit, Marketplace, Care Team Feed, walk tracking, Membership, Veterinary Telehealth Services, and prescription coordination features;

(b) Your violation of these Terms, including Section 4.2 and Section 6.6, or any applicable law;

(c) Any User Content you submit, upload, post, or transmit through the Services, including Care Team Feed posts and product reviews;

(d) Any clinical, medical, or health decisions made based on information, AI Outputs, or data obtained through the Services;

(e) Any biological samples you submit;

(f) Your misrepresentation of your identity, professional credentials, your pet's location or ownership, or authority;

(g) Any harm to an animal resulting from your reliance on the Services without consulting a licensed veterinarian;

(h) Any products purchased through the Marketplace and their use, misuse, or adverse effects;

(i) Any prescription coordination activity, including consequences arising from prescription information you provide or relay;

(j) Any injury, loss, or damage occurring during a walk tracking session; (k) any inaccurate, incomplete, or withheld information you provide to a Veterinary Provider; and

(l) Any third party claims arising from your use of the Services.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STRAND HEALTH INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, CONTENT PROVIDERS, LABORATORY PARTNERS, DISTRIBUTION PARTNERS, PHARMACY PARTNERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BIOLOGICAL SAMPLES, ANIMAL HEALTH, ANIMAL LIFE, BUSINESS OPPORTUNITIES, PRODUCT LIABILITY, OR OTHER INTANGIBLE OR TANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

(A) YOUR ACCESS TO OR USE OF THE SERVICES;

(B) ANY AI OUTPUTS, HEALTH ASSESSMENTS, METABOLOMICS REPORTS, PRODUCT RECOMMENDATIONS, OR ANY OTHER INFORMATION PROVIDED THROUGH THE SERVICES;

(D) ANY DECISIONS OR ACTIONS TAKEN BASED ON INFORMATION OBTAINED THROUGH THE SERVICES;

(E) LOST, DAMAGED, CONTAMINATED, OR DELAYED BIOLOGICAL SAMPLES;

(F) LABORATORY ERRORS, EQUIPMENT MALFUNCTIONS, OR DATA PROCESSING FAILURES;

(G) ANY PRODUCTS PURCHASED THROUGH THE MARKETPLACE, INCLUDING PRODUCT DEFECTS, ALLERGIC REACTIONS, ADVERSE EFFECTS, SHIPPING DELAYS, OR PRODUCT LIABILITY;

(H) ANY PRESCRIPTION COORDINATION ACTIVITY, INCLUDING DISPENSING ERRORS, DRUG INTERACTIONS, ADVERSE DRUG REACTIONS, OR TREATMENT FAILURES;

(I) ANY INJURY, LOSS, OR DAMAGE OCCURRING DURING WALK TRACKING SESSIONS;

(J) ANY CONTENT POSTED TO OR VIEWED ON THE CARE TEAM FEED BY YOU OR OTHER USERS;

(K) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;

(L) INACCURACY OF WALK TRACKING DATA INCLUDING DISTANCE, ROUTE, OR DURATION; (M) THE PROFESSIONAL SERVICES, ADVICE, DIAGNOSIS, TREATMENT, OR PRESCRIBING DECISIONS OF ANY VETERINARY PROVIDER, WHO IS AN INDEPENDENT LICENSED PROFESSIONAL RESPONSIBLE FOR THEIR OWN PROFESSIONAL CONDUCT, OR THE UNAVAILABILITY OF VETERINARY TELEHEALTH SERVICES IN ANY STATE OR AT ANY TIME; OR

(N) ANY OTHER MATTER RELATED TO THE SERVICES,

WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE ACTUALLY PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

15. Disclaimer of Warranties

THE SERVICES, INCLUDING ALL CONTENT, AI OUTPUTS, METABOLOMICS REPORTS, MARKETPLACE PRODUCTS, PRESCRIPTION COORDINATION, MEMBERSHIP, THE SCHEDULING, VIDEO, AND MESSAGING TOOLS USED FOR VETERINARY TELEHEALTH SERVICES, CARE TEAM FEED CONTENT, WALK TRACKING DATA, AND ALL FEATURES, FUNCTIONALITY, INFORMATION, AND MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STRAND HEALTH INC. DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

(A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT;

(B) WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS;

(D) WARRANTIES THAT ANY RESULTS, AI OUTPUTS, OR INFORMATION WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT;

(E) WARRANTIES REGARDING THE ACCURACY OF WALK TRACKING DATA, INCLUDING DISTANCE, ROUTE, PACE, OR ELEVATION;

(F) WARRANTIES THAT PRODUCTS SOLD THROUGH THE MARKETPLACE ARE FREE FROM DEFECTS, SAFE FOR YOUR SPECIFIC ANIMAL, OR SUITABLE FOR ANY PARTICULAR PURPOSE;

(G) WARRANTIES REGARDING PRESCRIPTION COORDINATION ACCURACY, TIMELINESS, OR COMPLETENESS;

(H) WARRANTIES THAT CARE TEAM FEED CONTENT FROM OTHER USERS IS ACCURATE, RELIABLE, OR APPROPRIATE;

(I) WARRANTIES REGARDING THE ACCURACY OR PERFORMANCE OF ANY AI MODEL OR ALGORITHM; (J) WARRANTIES THAT VETERINARY TELEHEALTH SERVICES WILL BE AVAILABLE IN YOUR STATE OR AT ANY PARTICULAR TIME, THAT ANY PARTICULAR VETERINARY PROVIDER WILL BE AVAILABLE, OR THAT ANY VISIT WILL RESULT IN A DIAGNOSIS, TREATMENT PLAN, OR PRESCRIPTION; AND

(K) WARRANTIES THAT BIOLOGICAL SAMPLES WILL NOT BE LOST, DAMAGED, OR CONTAMINATED.

16. Dispute Resolution and Arbitration

16.1 Governing Law

These Terms shall be governed by the laws of the State of New York, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Mandatory Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Services (including the Marketplace, Care Team Feed, walk tracking, prescription coordination, Membership, the platform tools used for Veterinary Telehealth Services, metabolomics testing, and all other features), the Test Kit, any AI Outputs, any products purchased through the Services, or the relationship between you and the Company (collectively, "Disputes") shall be determined exclusively by final and binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures and, where applicable, its Consumer Minimum Standards. The arbitration shall be conducted by a single neutral arbitrator selected in accordance with JAMS rules, in New York, New York, or at another mutually agreed location.

16.3 Arbitration Procedures and Limitations

The arbitrator shall have exclusive authority to resolve all Disputes, including any claim that all or part of these Terms is void or voidable. The arbitrator shall apply the substantive law of the State of New York (excluding its conflict of laws rules) to all Disputes. The arbitrator shall issue a written reasoned decision sufficient to explain the essential findings and conclusions on which the award is based. Discovery shall be limited to one set of interrogatories (no more than twenty five (25) questions, including subparts), one set of document requests (no more than fifteen (15) requests), and one deposition per side, unless the arbitrator determines that additional discovery is necessary for a fair resolution of the Dispute. The arbitrator may award any remedy to which a party is entitled under applicable law, but may not award relief to any person or entity who is not a party to the arbitration. The arbitrator's award shall be final and binding and may be confirmed and entered as a judgment in any court of competent jurisdiction.

16.4 Arbitration Costs and Fees

For claims less than $10,000, the Company will pay all arbitration filing fees and JAMS administrative fees, and the Company will reimburse your share of the arbitrator's compensation if the arbitrator finds that the Company would be required to bear those costs under the JAMS Consumer Minimum Standards or applicable law. For claims equal to or greater than $10,000, filing fees, administrative fees, and the arbitrator's compensation shall be allocated in accordance with JAMS rules and the arbitrator's determination of the merits. Each party shall bear its own attorneys' fees and costs, unless the arbitrator awards attorneys' fees to the prevailing party as authorized by applicable law or these Terms.

16.5 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MULTI DISTRICT, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE ILLEGAL, INVALID, OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN THOSE PARTS SHALL NOT BE ARBITRATED BUT SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.

16.6 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

16.7 Time Limitation on Claims

You agree that any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose. Any claim filed after the expiration of this period is permanently barred. This limitation period applies regardless of whether you knew or should have known of the basis for the claim.

16.8 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or restrain the actual or threatened infringement, misappropriation, or violation of intellectual property rights, trade secrets, or confidential information. Additionally, either party may bring an individual action in small claims court for Disputes within the court's jurisdictional limits, provided that the action remains in small claims court and is not removed, transferred, or appealed to a court of general jurisdiction.

16.9 Opt Out Right

You may opt out of the arbitration agreement and class action waiver provisions of this Section 16 by sending written notice to hello@everfur.com within thirty (30) days of first accepting these Terms. Your opt out notice must include your full legal name, the email address associated with your account, and a clear statement that you wish to opt out of the arbitration and class action waiver provisions of the Terms of Service. If you opt out, you and the Company agree that any Dispute shall be resolved exclusively in the state or federal courts located in the Borough of Manhattan, City of New York, State of New York, and you and the Company each consent to the personal jurisdiction and venue of such courts. Opting out of arbitration does not affect any other provision of these Terms.

17. Veterinary and Diagnostic Disclaimers

17.1 Not Veterinary Advice

THE SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL VETERINARY CARE. ALL INFORMATION PROVIDED THROUGH THE SERVICES IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, EXCEPT FOR CARE PROVIDED TO YOU BY A LICENSED VETERINARY PROVIDER DURING VETERINARY TELEHEALTH SERVICES.

17.2 VCPR

USE OF THE SERVICES DOES NOT CREATE A VETERINARIAN CLIENT PATIENT RELATIONSHIP, EXCEPT THAT A VETERINARIAN CLIENT PATIENT RELATIONSHIP MAY BE ESTABLISHED BETWEEN YOU AND A LICENSED VETERINARY PROVIDER THROUGH VETERINARY TELEHEALTH SERVICES WHERE PERMITTED BY THE LAW OF THE STATE IN WHICH YOUR PET IS LOCATED, AS DESCRIBED IN SECTION 6.6 AND THE TELEHEALTH INFORMED CONSENT. THE COMPANY ITSELF DOES NOT PRACTICE VETERINARY MEDICINE, DOES NOT CONTROL THE PROFESSIONAL JUDGMENT OF ANY VETERINARY PROVIDER, AND IS NOT A PARTY TO ANY VETERINARIAN CLIENT PATIENT RELATIONSHIP.

17.3 Not a Diagnostic Tool

THE SERVICES ARE NOT MEDICAL DEVICES AND HAVE NOT BEEN CLEARED OR APPROVED BY ANY REGULATORY BODY FOR USE AS DIAGNOSTIC TOOLS.

17.4 Product Information Disclaimer

PRODUCT DESCRIPTIONS, HEALTH CLAIMS, NUTRITIONAL INFORMATION, AND OTHER CONTENT DISPLAYED IN THE EVERFUR MARKETPLACE ARE PROVIDED BY THIRD PARTY MANUFACTURERS AND DISTRIBUTORS. THE COMPANY DOES NOT INDEPENDENTLY VERIFY PRODUCT CLAIMS AND IS NOT RESPONSIBLE FOR THE ACCURACY OF PRODUCT INFORMATION. AI GENERATED PRODUCT RECOMMENDATIONS ARE INFORMATIONAL AND DO NOT CONSTITUTE VETERINARY MEDICAL ADVICE, PRESCRIPTIONS, OR ENDORSEMENTS. ALWAYS CONSULT YOUR VETERINARIAN BEFORE INTRODUCING NEW FOODS, SUPPLEMENTS, OR HEALTH PRODUCTS TO YOUR PET'S REGIMEN.

17.5 Prescription Disclaimer

THE COMPANY DOES NOT PRESCRIBE, DISPENSE, OR PRACTICE VETERINARY MEDICINE. PRESCRIPTION AND PHARMACY FEATURES ARE TECHNOLOGY TOOLS THAT FACILITATE COMMUNICATION AND PAYMENT BETWEEN YOU, A LICENSED VETERINARIAN, AND LICENSED PHARMACY PARTNERS. THE COMPANY ASSUMES NO RESPONSIBILITY FOR PRESCRIBING DECISIONS, DISPENSING ACCURACY, DRUG SUITABILITY, ADVERSE REACTIONS, OR TREATMENT OUTCOMES. ALL PRESCRIPTION DECISIONS ARE MADE BY LICENSED PROFESSIONALS UNDER THEIR OWN PROFESSIONAL AND REGULATORY OBLIGATIONS. SEE OUR PRESCRIPTION & PHARMACY POLICY.

17.6 Emergency Situations

THE SERVICES, INCLUDING VETERINARY TELEHEALTH SERVICES, ARE NOT DESIGNED FOR USE IN EMERGENCY SITUATIONS. IN THE EVENT OF A PET HEALTH EMERGENCY, CONTACT YOUR VETERINARIAN OR NEAREST EMERGENCY ANIMAL HOSPITAL IMMEDIATELY.

17.7 Professional User Disclaimer

FOR VETERINARY PROFESSIONALS: THE SERVICES ARE CLINICAL DECISION SUPPORT TOOLS INTENDED TO ASSIST, NOT REPLACE, YOUR INDEPENDENT PROFESSIONAL CLINICAL JUDGMENT.

18. Communications Consent

18.1 Transactional Communications

By creating an account, making a purchase, or using the Services, you consent to receive transactional communications from us, including account verification emails, password reset emails, security alerts, order confirmations, shipping notifications, delivery confirmations, prescription status updates, Visit confirmations, reminders, and join links, messages from Veterinary Providers, subscription billing notices, payment failure notifications, and service related administrative messages. Transactional communications are necessary for the operation of the Services and cannot be opted out of while maintaining an active account.

18.2 Marketing Communications

With your opt in consent (obtained during registration or through in app preference settings), we may send you promotional communications including product announcements, feature updates, newsletters, special offers, educational content, marketing materials, requests to provide feedback, invitations to complete surveys or questionnaires, requests to leave product reviews or testimonials, and invitations to participate in user research studies or beta programs. You may opt out of these communications at any time by: following the unsubscribe link in any marketing email; adjusting your notification preferences in Settings > Notifications; or emailing hello@everfur.com. Opt out requests will be processed within ten (10) business days.

18.3 Push Notifications

By enabling push notifications on your device, you consent to receive push notifications from the Application, including health alerts, medication reminders, walk reminders, Care Team Feed engagement notifications, order status updates, Visit reminders, messages from Veterinary Providers, and promotional notifications (if you have opted in). You may disable push notifications at any time through your device settings or the Application's notification preferences.

18.4 SMS and Text Messages

If you provide your mobile number and opt in (for example, by checking the SMS box when booking a Visit or in your notification settings), you consent to receive text messages from Everfur about your account and Membership, including Visit confirmations, reminders, and join links, messages that a Veterinary Provider has replied to you, prescription and order status, and delivery updates. Message frequency varies. Message and data rates may apply. Consent to receive text messages is not a condition of any purchase. Reply STOP to any message to opt out and HELP for help, or change your preferences in Settings > Notifications. We will not send marketing text messages unless you separately opt in to them. We obtain consent as required by the Telephone Consumer Protection Act (47 U.S.C. Section 227) and applicable state laws, and carriers are not liable for delayed or undelivered messages.

18.5 CAN SPAM Compliance

All commercial email communications comply with the CAN SPAM Act (15 U.S.C. Section 7701 et seq.), including: accurate sender identification and subject lines; clear identification as commercial messages; a valid physical mailing address; and a functioning opt out mechanism.

18.6 Feedback, Survey, and Research Requests

From time to time, and consistent with your communication preferences, we may contact you to invite you to provide feedback, complete surveys or questionnaires, leave product reviews or testimonials, or participate in user research, usability studies, or beta programs. Participation is entirely voluntary, and declining will not affect your access to the Services. We may deliver these requests by email, in app messages or prompts, or push notifications (if enabled). Any feedback you choose to provide is governed by Section 5.5 (Feedback). You may opt out of non essential feedback, survey, and research communications at any time using the methods described in Section 18.2.

19. Compliance with Laws

You represent and warrant that your use of the Services will comply with all applicable federal, state, local, and international laws, regulations, rules, and ordinances, including but not limited to: veterinary practice acts and regulations in all applicable jurisdictions; controlled substance laws and DEA regulations; state board of pharmacy regulations; consumer protection laws; intellectual property laws; data privacy and protection laws; anti spam laws; export control and sanctions laws; and any other laws applicable to your use of the Services. You are solely responsible for determining which laws apply to your use of the Services.

20. Confidential Information

20.1 Definition

"Confidential Information" means any non public information disclosed by the Company to you or accessible to you through the Services, including but not limited to: API documentation, architecture details, data models, non public features, beta features, pricing terms not publicly available, partnership terms, internal documentation, performance metrics, model accuracy data, non public product roadmap information, and any information designated or reasonably understood to be confidential.

20.2 Obligations

You agree to: (a) protect Confidential Information using at least the same degree of care you use to protect your own confidential information, but no less than reasonable care; (b) use Confidential Information only in connection with your authorized use of the Services; (c) not disclose Confidential Information to any third party without our prior written consent; and (d) promptly notify us of any unauthorized disclosure of Confidential Information. These obligations do not apply to information that: (i) is or becomes publicly available through no fault of yours; (ii) was known to you prior to disclosure; (iii) is independently developed by you without use of Confidential Information; or (iv) is disclosed pursuant to a court order or legal requirement, provided you give us prompt notice (where permitted) and cooperate with any efforts to obtain protective treatment.

21. Export Controls and Sanctions Compliance

The Services may be subject to U.S. export control and sanctions laws and regulations, including the Export Administration Regulations (EAR, 15 C.F.R. Parts 730 through 774) and the sanctions programs administered by the Office of Foreign Assets Control (OFAC, 31 C.F.R. Part 500 et seq.). You agree not to export, re export, or transfer the Services, or any data or technology derived therefrom, to any prohibited destination, entity, or person. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods, and that you are not listed on any U.S. Government restricted party list.

22. Government Use

If the Services are being accessed or used by or on behalf of the U.S. Government, the following applies: the Services and all related documentation are "Commercial Computer Software" and "Commercial Computer Software Documentation" as those terms are used in 48 C.F.R. Section 2.101, 48 C.F.R. Section 12.212, and 48 C.F.R. Sections 227.7201 through 227.7204, and are provided with only those rights as are granted to all other end users under these Terms. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms.

23. Relationship of Parties

The relationship between you and the Company is that of independent contracting parties. Nothing in these Terms creates or is intended to create a partnership, joint venture, franchise, agency, fiduciary, or employment relationship between you and the Company. Neither party has authority to bind the other or to incur obligations on behalf of the other. Veterinary Providers are independent licensed professionals and are not employees or agents of the Company. The Company provides administrative, technology, scheduling, records, and payment services to Veterinary Providers and does not direct or control their professional judgment.

24. Third Party Beneficiaries

Except as expressly provided in Section 17.1 of the EULA (Apple as a third party beneficiary), these Terms do not create any third party beneficiary rights in any individual or entity. The Indemnified Parties identified in Section 13 are intended third party beneficiaries of the indemnification and limitation of liability provisions of these Terms.

25. Notices

25.1 Notices to the Company

All legal notices to the Company must be sent to: hello@everfur.com or by mail to Strand Health Inc., 1002 Dean Street, Suite 101, Brooklyn, NY 11238, Attention: Legal Department. Notices are effective upon receipt.

25.2 Notices to Users

We may provide notices to you through: (a) email to the address associated with your account; (b) in app notifications or banners; (c) push notifications (if enabled); or (d) posting on the Services. Email and in app notices are effective when sent or posted. You are responsible for maintaining a current email address in your account settings.

26. Miscellaneous

26.1 Entire Agreement

These Terms, together with the Privacy Policy, the Prescription & Pharmacy Policy, the Telehealth Informed Consent (for users of Veterinary Telehealth Services), the EULA, and any applicable MSA, DPA, or enterprise license agreement, constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties.

26.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent, and the remaining provisions shall continue in full force and effect. The parties agree to negotiate in good faith a replacement provision that is consistent with the original intent.

26.3 Waiver

The failure of either party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party to be effective. A waiver of any right or provision on one occasion shall not be deemed a waiver on any subsequent occasion.

26.4 Assignment

You may not assign, delegate, or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this section shall be null and void. We may assign these Terms and all rights and obligations hereunder without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

26.5 Force Majeure

We shall not be liable for failure or delay in performing our obligations under these Terms resulting from causes beyond our reasonable control, including but not limited to: acts of God; natural disasters (earthquakes, floods, hurricanes, wildfires); epidemics or pandemics; war, armed conflict, terrorism, or civil unrest; government actions, sanctions, embargoes, or trade restrictions; supply chain disruptions; laboratory closures, equipment failures, or reagent shortages; shipping carrier delays or disruptions; telecommunications or internet outages; cyberattacks, distributed denial of service attacks, or other security incidents; power outages; strikes or labor disputes; and any other event beyond our reasonable control.

26.6 Survival

The following sections of these Terms shall survive any termination, expiration, or cancellation of these Terms or your account: Section 4.2 (Restrictions), Section 5 (Intellectual Property), Section 6.6 and Section 6.7 (to the extent of accrued fees and refund rights), Section 8 (Data Collection and Biological Samples), Section 9 (AI Terms), Section 13 (Indemnification), Section 14 (Limitation of Liability), Section 15 (Disclaimer of Warranties), Section 16 (Dispute Resolution), Section 17 (Veterinary Disclaimers), Section 18 (Communications Consent, to the extent necessary for post termination communications), Section 20 (Confidential Information), Section 21 (Export Controls), Section 23 (Relationship of Parties), and this Section 26 (Miscellaneous).

26.7 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

26.8 Construction

These Terms shall not be construed against the drafter. No ambiguity in any provision shall be resolved against any party by reason of the drafting of these Terms.

27. Contact Information

Strand Health Inc., d/b/a Everfur, 1002 Dean Street, Suite 101, Brooklyn, NY 11238.

General, legal, billing, and privacy: hello@everfur.com. Phone: (914) 924-4815. Veterinary care, complaints, and safety reports: hello@everfur.com (see everfur.com/complaints). Security issues: security@everfur.com. Website: everfur.com.