Art. 1Terms and Conditions for the Use of Services
1.1Where required to use the Services, the User must complete the registration information form and fully accept these General Conditions: the personal data provided by the User when completing the form will be processed in compliance with and according to the procedures established by EU Regulation 2016/679 and the applicable privacy protection regulations, which are provided prior to registration.
1.2By accepting the General Conditions, the User declares that their data is up-to-date, correct, and truthful, and agrees to promptly modify it so that it is constantly updated, complete, and truthful. Where permitted, the User may use a pseudonym or nickname, which must be provided to the Publisher to be communicated to the Judicial Authority in cases provided by law.
1.3The User's right to use the Services is personal and non-transferable: the User agrees not to resell or make other commercial use of the Services provided by the Publisher.
1.4The User is responsible for maintaining the confidentiality of the password assigned during registration, along with a user ID, and agrees to indemnify and hold Digital Veterinarian harmless from any claim or demand from any party arising from the use or misuse of the Services by third parties through the use of the password assigned to the User.
1.5The User agrees to use the Services exclusively for lawful purposes and in any case in compliance with legal provisions on the protection of personal data and intellectual property, and to indemnify and hold Digital Veterinarian harmless from any claim or demand arising from the use or misuse of the Services.
1.6Digital Veterinarian reserves the right to verify, at any time and without notice, at its discretion, compliance with the General Conditions in the use of the Services by the User, reserving the right to permanently terminate, without notice, the provision of Services to the individual User in the event that they:
1.6.1have not provided up-to-date, complete, truthful, and correct personal data;
1.6.2use or have used the Services for purposes or in ways deemed by Digital Veterinarian to be incompatible with the nature of the Services provided, such as, by way of example but not limited to, transmission and/or exchange of viruses; sending or sharing personal advertisements; chain mail or pyramid schemes; spamming or junk mailing practices; transmission and/or exchange and/or sharing of illegal material or content that is racist, slanderous, defamatory, threatening, vulgar, obscene, etc.;
1.6.3violate or have violated the General Conditions or the special terms and conditions applicable to a Service.
Art. 2Consumer/User Status of the Digital Veterinarian App
2.1By requesting a service through the Digital Veterinarian App, the Consumer/User guarantees they have reached the age of majority (18 years) and therefore possess the capacity to act, understood as the ability to conclude legally binding contracts.
2.2Minors must complete the registration process with the assistance of a parent or legal guardian. Those exercising parental authority over minors who allow them to use the Services are responsible for the minor's online behavior, access control, and consequences in the event of misuse of the Services by the minor.
Art. 3Access to the Digital Veterinarian App and Acceptance of Terms and Conditions
3.1Access to the site: Visitors can access certain areas of the Digital Veterinarian App without registering their data.
3.2Acceptance of Terms and Conditions: The punctual acceptance of the Terms and Conditions contained in the Digital Veterinarian App (website www.digital-veterinarian.com and any Digital Veterinarian mobile application on iOS and Android stores), managed and owned by Digital Veterinarian, is a necessary and indispensable condition for the use and purchase of related services. The use of the App and its services implies acceptance of all the Terms and Conditions listed below, as well as the provisions contained in the 'Privacy Policy' section within the App itself. Additional terms, conditions, and usage warnings supplementing those set out here may be specified and indicated on other pages within the App when requesting specific services. Use of the App and its services also implies acceptance of those terms, conditions, and warnings, which form an integral and substantial part of the rules for using the Portal and its services.
Art. 4Access to the Digital Veterinarian App
4.1Digital Veterinarian reserves the right to suspend or terminate, even permanently (including the final closure of services), at any time and without notice, the provision of Services, including a single service, as well as the right to remove or modify any content or information on the Site at any time.
4.2Digital Veterinarian disclaims all responsibility for any damages caused by service interruptions, even if resulting from blackouts or server failures of the Site or third-party providers to Digital Veterinarian.
4.3Digital Veterinarian reserves the right to interrupt Services for maintenance or updates to its own or third-party computer systems, keeping Users informed via email, news on the Site, or messages in the Services.
4.4Digital Veterinarian disclaims any liability for damages, claims, or losses, direct or indirect, to the User resulting from the malfunction and/or defective operation of the User's or third-party electronic equipment, telephone and/or telematic connections not managed directly by Digital Veterinarian or its providers.
4.5Digital Veterinarian explicitly disclaims any responsibility for security errors that may occur and for damages that may occur to the Visitor's computer system (hardware and software), files, or documents stored therein, as a result of:
4.5.1Presence of a virus in the User's computer or mobile terminal used to connect to the services and content of the Platform;
4.5.2Malfunction of the browser;
4.5.3Use of outdated versions of the browser.
4.6The User is responsible for obtaining and maintaining all necessary telephone, hardware, and software equipment for accessing and using our App and/or Services, as well as for all related expenses.
Art. 5Data Management
5.1Files uploaded by users through our app may be stored on external cloud services, such as Google Drive, OneDrive, and Dropbox, by way of example but not limited to these. The User can choose a cloud storage service from the available cloud integrations within the app. It should be noted that:
5.1.1Storage and Availability: The data will be stored on the cloud services selected by the user and will remain available even after account deletion, as storage occurs directly on external cloud services. If the user chooses to use dedicated storage managed by Digital Veterinarian, the data will no longer be available after account deletion, as the storage occurs directly on Digital Veterinarian's servers.
5.1.2User Responsibility: It is the user's responsibility to ensure that there is sufficient space on the chosen cloud service or dedicated storage to store the data. Digital Veterinarian is not responsible for any issues related to the storage capacity of external cloud services, data management on such services, or data availability in dedicated storage after account deletion.
Art. 6Prices and Payment Methods
6.1The prices are subject to what is indicated in the plans available on our website. Digital Veterinarian reserves the right, at its discretion, to change the prices and will notify all affected users.
6.2The billing system and the calculation of Service costs will be determined by the number of terms (months or years) from the start of the Service use. Payments will be made at the beginning of the term, monthly or annually. Digital Veterinarian will issue the relevant invoice with all the details. The invoice will be available at any time through our portal.
6.3All subscriptions, both monthly and annual, automatically renew on the scheduled renewal date based on the purchase date until officially canceled through our website. The user agrees that all subscriptions are recurring and renew automatically. We do not send reminders before the subscription renewal; it is the user's responsibility to keep track of their billing cycle dates.
6.3Important: No refunds or credits are provided for partially used months or years of service. Digital Veterinarian does not offer prorated refunds for canceled subscriptions.
6.4Unless expressly specified otherwise by Digital Veterinarian, as required by applicable Law, all listed prices are exclusive of Taxes and Duties.
6.5The User will provide a payment method at the start of the contract or at any time during the free trial period, if available. The accepted payment method for this service is a credit card. Depending on the volume of services requested, the possibility of payment by bank transfer may be evaluated on a case-by-case basis.
Art. 7Payment Processors
7.1All financial transactions related to the Service are processed by a third party in accordance with their respective terms of use, privacy policy, and/or applicable payment terms and conditions. It is the User's responsibility to be informed of such third-party practices. In no case will Digital Veterinarian be liable for the actions or omissions of any third-party payment processor, including but not limited to, system downtime or payment service interruptions.
7.2To process charges to the user, Digital Veterinarian may use electronic payment companies. For this purpose, the User expressly authorizes the transfer and management of the data necessary for the respective charges based on the generated billing and the selected payment method.
7.3In light of the above, Digital Veterinarian reserves the right to temporarily suspend the requested service, upon notification to the user, if a problem related to the service charge and/or non-payment is detected, regardless of the payment method chosen by the user. This situation may lead, in the case of persistent non-payment, to the unilateral suspension of the contract by Digital Veterinarian, in accordance with the terms provided in the 'Termination of Contract' clause.
Art. 8Refund Policy
8.1All payments are non-refundable. No refunds or credits are given for partially used subscription periods.
8.2Digital Veterinarian may grant refunds or credits on a case-by-case basis at its sole discretion. The granting of a refund or credit by Digital Veterinarian in one case does not obligate Digital Veterinarian to provide a refund or credit in the future under any circumstances.
8.3If the user cancels their periodic subscription to a paid Digital Veterinarian service, they will continue to have access to the service until the end of the current billing period.
Art. 9Customer Service
9.1The customer service of the Digital Veterinarian App provides assistance to Consumers/Users in case of issues. The Consumer/User can contact Customer Service by sending an email to support@digitalveterinarian.freshdesk.com.
Art. 10Disclaimer of Liability
10.1The User expressly agrees that the use of the Digital Veterinarian App and its services is at their own sole risk. Digital Veterinarian, its affiliates, employees, agents, third-party content providers, or licensors do not guarantee that the Digital Veterinarian App or its services will be uninterrupted, error-free, or never discontinued. Furthermore, it is not guaranteed that the results obtained from using the Digital Veterinarian App will be accurate, reliable, or meet the user's expectations, nor that the contents, services, or products offered through the platform will be free from defects.
10.2The services offered through Digital Veterinarian, including the data contained therein, are provided 'as is' without warranties of any kind, either express or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, except those that are imposed and cannot be excluded, limited, or modified under applicable law.
10.3Digital Veterinarian will not be liable for any damages (direct or indirect), data loss, or injuries caused by any malfunction of the App, including but not limited to: service interruptions, errors, omissions, defects, delays in operation or transmission, computer viruses, communication line failures, theft, destruction, or unauthorized access, hacking, alteration, or misuse of user data, whether such events arise from negligence, malicious behavior, or any other cause.
10.4Digital Veterinarian is not responsible for the defamatory, offensive, or illegal conduct of other users or third parties. The risk of harm from such conduct rests entirely with the user.
10.5In no event will Digital Veterinarian, its affiliates, or anyone involved in the creation, production, or distribution of the Digital Veterinarian App, including the software, be liable for damages of any kind, including without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use the Digital Veterinarian App or its services.
10.6Digital Veterinarian does not guarantee the accuracy, completeness, or usefulness of any content available through its App and is not responsible for any errors, inaccuracies, omissions, or other defects in the information. Users are responsible for personally evaluating the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the platform.
10.7Force Majeure: Digital Veterinarian will not be responsible for any delay or failure to perform its obligations due to events beyond its reasonable control, including but not limited to: natural disasters, war, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, service interruptions due to equipment and/or software and/or telecommunications failures, blackouts, network failures, third-party service provider failures (including internet and telecommunications service providers). The party affected by such events must notify the other party within fifteen (15) days of the occurrence. The execution of this contract will be suspended for the duration of the force majeure event.
10.8Links to third-party sites and/or third-party applications: The Digital Veterinarian App may contain links or allow access to third-party websites or applications. Digital Veterinarian is not responsible for the content of such sites or applications, nor for any changes or updates to them. The inclusion of such links or applications does not imply endorsement by Digital Veterinarian.
Art. 11External Links
11.1The Site may include hyperlinks to other websites operated by third parties, including advertisements and other content providers. These sites may collect data or request personal information from the User. Digital Veterinarian does not exercise nor is it required to exercise any form of control and therefore declines all responsibility for any damages, claims, or losses, direct or indirect, arising in any way to the User from viewing, using, and/or operating third-party websites or services accessed through such links.
Art. 12Visitor Material and Reviews
12.1General provisions: Any material other than personally identifiable information, which is governed by Digital Veterinarian's Privacy Policy, that is transmitted, posted, or uploaded by Visitors to the Digital Veterinarian App (including, by way of example but not limited to, any reviews) is considered non-confidential and non-proprietary. By publishing or transmitting such material (so-called Visitor material), the Visitor declares and warrants that they own or otherwise control it. The Visitor expressly agrees that Digital Veterinarian has no obligations regarding such material (other than personally identifiable information) and that the company is free to copy, communicate, distribute, incorporate, or otherwise use such material, including any data, images, sounds, text, or other items incorporated therein, for any purpose, whether commercial or non-commercial.
12.2The User agrees not to disclose, “post,” upload, or transmit to or on the Digital Veterinarian App, website www.digital-veterinarian.com, or any Digital Veterinarian mobile application on the iOS and Android stores, materials containing sensitive data, or to submit/post photos/images of minors, content of a child-pornographic, pornographic, obscene, blasphemous, defamatory, offensive nature, contrary to public order or morality, that promote or induce illegal activities, or that contain viruses or other programs damaging the functionality of other people's computer systems.
12.3In particular, by way of example but not limited to, it is prohibited to post reviews on the Digital Veterinarian App that:
12.3.1contain defamatory, obscene, or offensive material;
12.3.2promote violence or discrimination;
12.3.3violate third-party intellectual property rights;
12.3.4promote illegal activities or invade the privacy of third parties;
12.3.5are likely to suggest that they originate from the Digital Veterinarian App.
12.4The list of prohibited actions in the previous paragraphs 12.2 and 12.3 is merely illustrative and not exhaustive. Digital Veterinarian, without assuming any obligation in this regard, reserves the right to remove or correct any review or other Visitor material posted, uploaded, or transmitted on the Digital Veterinarian App whenever it deems necessary.
12.5The Visitor and the Consumer/User agree to indemnify Digital Veterinarian for any damage suffered by it or asserted against it by third parties arising out of or in connection with any review or other material posted, uploaded, or transmitted by the Visitor or Consumer/User in violation of this article.
Art. 13Intellectual Property Rights on Content
13.1The User expressly acknowledges that all industrial and intellectual property rights, protectable under copyright laws (Title IX of Book V of the Italian Civil Code, Articles 2575-2594 c.c., as well as Law No. 633/1941, as amended by Legislative Decree No. 169/1999) and/or the Industrial Property Code, approved by Legislative Decree 10.2.2005 No. 30, or other provisions protecting, by way of example and not limitation, know-how, source code, software, hardware, designs, applications, patents, trade secrets, formulas, algorithms, models, databases, and similar related to the Services, data, and other materials provided by Digital Veterinarian or third parties, including Users, made available on the Site or through the Services by virtue of the General Terms and Conditions ('Content'), remain the exclusive property of Digital Veterinarian. Digital Veterinarian grants the User a personal, non-transferable, and non-exclusive license to use the Content and Services in accordance with the General Terms and Conditions. The User is not allowed to copy, modify, sell, transfer, sublicense, assign, or create derivative works from any industrial or intellectual property right of Digital Veterinarian, nor allow third parties to do so through the User or their computer, even without their knowledge. Content does not include products or services advertised on the Site, the industrial and intellectual property rights of which belong to their respective owners.
13.2Downloading and using Content through the Services is permitted for private purposes only. The User expressly acknowledges and accepts the prohibition of reproducing, copying, transmitting, selling, publishing, or commercially exploiting the Content.
13.3Given the nature of the Site, the Content comes from various sources on the Internet, and it cannot be excluded that some materials published may unknowingly violate the industrial and intellectual property rights of third parties. In such a case, Digital Veterinarian will promptly remove them following notification to info@digitalveterinarian.freshdesk.com.
Art. 14Contract Duration and Right of Withdrawal
14.1The Services are provided indefinitely, unless terminated.
14.2The contract concluded between the Consumer/User and Digital Veterinarian is executed immediately. Therefore, the Consumer/User, pursuant to and for the purposes of Article 49, paragraph 1, letter m of the Consumer Code, is informed and expressly agrees that they will not benefit from the right of withdrawal under the terms (14 days from the conclusion of the contract) and in the manner set forth in Article 52 of the Consumer Code.
14.3Either Digital Veterinarian or the User may terminate this contract at any time. Without limiting the foregoing, Digital Veterinarian reserves the right to terminate or suspend access to the Services through our website or the User's Account immediately and without notice in the event of any behavior by the User that, in Digital Veterinarian's sole discretion, is deemed unacceptable or in the event of a breach of this contract by the User.
14.4All provisions of the Terms of Use that by their nature should survive termination of the contract will remain in effect after termination, including, without limitation, provisions regarding ownership, disclaimers, indemnities, and limitations of liability.
14.5The following circumstances will be considered grounds for terminating this contract:
14.5.1Mutual agreement between the parties;
14.5.2Expiration of the contractual period or any extension thereof;
14.5.3Breach by either party of the obligations, commitments, and responsibilities assumed under this contract;
14.5.4Failure by the User to pay the agreed amount at the beginning of a new contractual period. In such a case, Digital Veterinarian will have the right to terminate the service without notice, canceling access to the contracted Service;
14.5.5Bankruptcy or suspension of payments by either party.
14.6When the User decides to terminate the contractual relationship with Digital Veterinarian, they may do so through the website by confirming the account deletion via the designated account deletion button. Once deletion is complete, the contract will be considered terminated. No refunds or credits are provided for partial periods at the time of contract termination.
Art. 15Changes to the General Conditions
15.1Digital Veterinarian reserves the right, at any time, to modify or update the Terms and Conditions relating to the use of our app, or to impose new conditions. Such modifications, updates, additions, or deletions will be effective immediately upon notification, which may be provided through various means, including, but not limited to, posting on our app, via email or regular mail, or any other means through which the user receives the notification. Any use of the app by the user after such notification will be considered acceptance by the user of the aforementioned changes, updates, or additions.
15.2It is the responsibility of the Consumer/User to constantly check the updated Terms and Conditions. The use of the Digital Veterinarian App and related services following the changes implies acceptance of the changes. Visitors and Consumers/Users of the Digital Veterinarian App are required to comply with the General Conditions and the regulations in force at the time they request a service through the Digital Veterinarian App.
15.3The most up-to-date version of the Terms and Conditions can be consulted by clicking on the hyperlink 'Terms and Conditions of Use' located at https://www.digital-veterinarian.com/termsAndConditions.
Art. 16Applicable Law and Jurisdiction
16.1The General Conditions are governed by Italian law.
16.2For any disputes concerning these General Conditions, the exclusive jurisdiction belongs to the Court of Modena.
