Vivetra Terms of Service

Effective date: [EFFECTIVE DATE — to be set on attorney sign-off] · Last updated: [DRAFT — not yet published]

These Terms of Service (the “Terms”) govern your access to and use of the Vivetra veterinary practice-management software and the managed hosting on which we run it (together, the “Service”). Vivetra is a product of ArdinGate LLC (“ArdinGate,” “we,” “us”). By subscribing to, accessing, or using the Service, the veterinary practice, hospital, boarding facility, shelter, or other business on whose behalf you act (the “Customer,” “you”) agrees to these Terms. If you do not agree, do not use the Service.

These Terms are one agreement for all six markets we serve. Where a country’s law grants you rights that cannot be excluded, restricted, or modified by contract, nothing in these Terms excludes, restricts, or modifies those rights — see Statutory rights that cannot be excluded below.

1. Definitions

Service — the Vivetra software (shared core plus the module or modules you subscribe to), together with the managed hosting, updates, and support ArdinGate provides as part of your subscription.
Module — one of Vivetra’s six product areas: Vet Practice, Hospital, Boarding, Shelter, Equine, and Livestock.
Subscription — your paid, month-to-month right to use the Service for the modules you have selected.
Customer Data — the records you and your staff enter into or generate through the Service: patient and client records, appointments, clinical notes, inventory, invoices, and the like.
Billing Contact — the person you designate to receive billing and subscription notices, including price-adjustment notices under Section 3.

2. What the Service is — and is not

Vivetra is practice-management, records, and compliance software. It helps you store and organise patient and client records, schedule appointments, manage inventory and invoicing, and keep the documentation your regulator and your own practice standards require. That is what you are subscribing to.

Vivetra is not a clinical decision-making tool, a diagnostic system, or a source of veterinary-medical advice. It does not practise veterinary medicine, does not exercise clinical judgment, and does not tell you how to diagnose, treat, medicate, or care for any animal. Every clinical decision — diagnosis, treatment, dosing, prognosis, referral, euthanasia, or anything else touching an animal’s care — remains entirely the professional responsibility of the licensed veterinarian and staff using the Service, exercised under the standards and laws of their own jurisdiction. Any data field, template, reminder, calculation, or default in the Service is an administrative convenience, not clinical guidance, and must be verified by a qualified professional before it is acted on.

You are responsible for the accuracy of the records you enter and for using the Service in a way that meets your professional, licensing, and record-keeping obligations. We built the tool; you practise the medicine.

3. Subscription, billing, and pricing

Month-to-month, no long-term contract

Your Subscription is billed monthly, in advance, on a rolling month-to-month basis. There is no fixed term, no minimum commitment, and no long-term contract. The Subscription renews automatically for another one-month period at the start of each billing cycle unless you cancel — this renewal is a plain monthly continuation, stated here up front rather than hidden, and it never locks you into a longer term. You may cancel at any time under Section 4.

What the price includes

Vivetra is flat-rate. Your first module is $200/mo, and that price already includes unlimited doctors and staff and fully managed hosting — we operate the servers, apply the patches, and run the backups, so you never touch infrastructure yourself. Each additional module adds a flat $50/mo to the same monthly bill. So two modules is the base plus one add-on, three modules is the base plus two add-ons, and all six modules is the base plus five add-ons — $450/mo at today’s published rate. Every combination includes unlimited staff and managed hosting. The full bundle table and the multi-year schedule live on the pricing page.

Prices are shown in the currency you select in the site header. The underlying figure is the same in every market; only the currency label and, where a country requires it, the tax treatment shown alongside it change. Taxes (such as VAT or GST) apply according to your country’s law and, where applicable, are shown or added as indicated.

Pricing Adjustments

Pricing Adjustments. ArdinGate may adjust fees for the Service on a fixed, published schedule, reviewed no more frequently than every two (2) years, to reflect the ongoing cost of operating and maintaining the Service. Any adjustment will be communicated to the billing contact on file at least thirty (30) days before the effective date. Continued use of the Service after an adjustment takes effect constitutes acceptance of the new fee.

If a published adjustment takes effect and you do not wish to accept the new fee, you may cancel under Section 4 before it applies; your Service continues through the end of your current paid period at the old rate.

Payment

You authorise ArdinGate (through our payment processor) to charge your chosen payment method the applicable monthly fee at the start of each billing cycle. Card and bank-account details are captured and stored by our PCI-compliant payment processor; Vivetra does not see or store your raw payment details. If a payment fails, we may retry it and will contact your Billing Contact before suspending the Service for non-payment.

4. Cancellation

You may cancel your Subscription at any time, for any reason or none, with no cancellation fee and no notice period. When you cancel, your Service continues through the end of the current paid period — you keep access to everything you have paid for — and simply does not renew for the next period. We do not pro-rate or refund the remainder of a period already paid, except where a refund is required by law or by our Refund Policy.

Before or after cancellation you may export your Customer Data; see Section 6. We describe how billing, cancellation timing, and any refunds work in more detail in the Refund Policy, which forms part of these Terms.

Statutory cancellation / cooling-off rights (UK & Ireland)

Vivetra is sold to businesses for their own business operations. The statutory distance-selling cancellation (“cooling-off”) right that applies to consumers under UK and EU law is drawn on natural-person-plus-purpose, not on the size of the business: a person buying for purposes relating to their trade, business, craft, or profession is a “trader,” not a “consumer,” and neither regime has a small-business or sole-practitioner carve-in. On that basis a veterinary practice — even a one-person practice — subscribing to Vivetra for its own operations is contracting as a business, and the consumer cooling-off right does not apply. This does not affect the cancel-anytime, end-of-paid-period terms above, which we offer to every Customer regardless.

5. Acceptable use

You agree to use the Service only for lawful purposes and only for the business operations of your own practice or facility. In particular, you agree not to:

break any applicable law, or use the Service to store or transmit unlawful content, or to violate anyone’s privacy or intellectual property rights;
share your login credentials with people outside your practice, or let anyone use the Service who is not authorised by you (note there is no per-seat charge — you can and should give every genuine staff member their own account);
attempt to probe, scan, breach, overload, or circumvent the security or access controls of the Service, or access data belonging to another Customer;
reverse-engineer, decompile, copy, resell, sublicense, or create a competing product from the Service, except to the extent that restriction is prohibited by law;
upload malware, or use the Service to send spam or conduct any abusive, fraudulent, or deceptive activity;
use automated means to place unreasonable load on the Service in a way that degrades it for other Customers.

If your use materially breaches this section and creates a genuine risk to the Service or to other Customers, we may suspend the affected access to protect the Service, and will tell your Billing Contact why and what is needed to restore it. We will limit any suspension to what is reasonably necessary.

6. Your data

As between you and ArdinGate, Customer Data belongs to you. You grant us only the limited rights we need to host, process, back up, secure, and display that data so we can provide the Service to you, and to comply with law. We do not sell your Customer Data and we do not use it to build a profile of your clients for anyone else.

You can export your Customer Data in a usable format during your Subscription and for a reasonable window after cancellation. After that window we may delete it in the ordinary course; we will not hold your data hostage to keep you subscribed. Our handling of personal data — yours and your clients’ — across all six countries is described in the Privacy Policy, which forms part of these Terms. Where we act as a processor of personal data on your behalf, a data processing agreement governs that role in addition to these Terms.

You are responsible for keeping your own copy of records where your professional or legal obligations require you to, and for making sure you have the right to put into the Service any data about third parties that you enter.

7. Managed hosting and availability

Managed hosting is part of what you pay for: ArdinGate operates the infrastructure, applies security patches and updates, and runs routine backups, so you never run a server, patch an operating system, or restore a backup yourself. Vivetra runs on a dedicated deployment for you — we manage the hosting; you are never expected to run your own server.

We work to keep the Service available and to protect your data, and we will give reasonable advance notice of planned maintenance where we can. We do not, however, promise that the Service will be uninterrupted or error-free at every moment, and factors outside our reasonable control (network outages, third-party infrastructure failures, force majeure) can affect availability. Nothing in this section limits any statutory guarantee that cannot be excluded — see Section 13.

8. Warranties and disclaimer

We provide the Service with reasonable care and skill. Subject to the statutory rights preserved in Section 13, and to the maximum extent permitted by the law of your country, the Service is otherwise provided “as is” and “as available,” and we disclaim implied warranties not preserved by that section.

For the avoidance of doubt, because Vivetra is a records and practice-management tool and not a clinical or medical-advice system (see Section 2), we make no representation or warranty that the Service provides, verifies, or substitutes for veterinary-medical judgment, diagnosis, or treatment decisions. Those remain the professional responsibility of the licensed people using the Service.

9. Limitation of liability

Nothing in these Terms limits or excludes either party’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under the law that applies to you — including the non-excludable statutory guarantees preserved in Section 13.

Subject to that, and to the maximum extent permitted by law:

Neither party is liable to the other for indirect, incidental, special, or consequential loss, or for loss of profits, revenue, goodwill, or anticipated savings, arising out of or in connection with these Terms or the Service.
Each party’s total aggregate liability arising out of or in connection with these Terms in any twelve-month period is limited to the total fees you paid for the Service in that period. This cap is mutual and applies equally to both parties.
Because Vivetra does not exercise clinical judgment, ArdinGate is not liable for clinical, diagnostic, or treatment decisions made by you or your staff, or for the accuracy of the records you enter — those are your professional responsibility under Section 2.

10. Indemnity

This clause is mutual. You will defend and indemnify ArdinGate against third-party claims to the extent they arise from your unlawful use of the Service, your breach of Section 5, or content you had no right to put into the Service. ArdinGate will defend and indemnify you against third-party claims to the extent they allege that the Service, used as permitted under these Terms, infringes that third party’s intellectual property rights. In each case the indemnifying party’s obligation is conditioned on prompt notice of the claim, reasonable cooperation, and the indemnifying party’s control of the defence and settlement (with no settlement admitting fault against the other party without its consent).

11. Term and termination

These Terms apply for as long as you have a Subscription. Termination rights are balanced:

You may cancel at any time, for any reason or none, under Section 4.
ArdinGate may terminate or suspend the Service for a material breach of these Terms that you do not cure within a reasonable period after we notify your Billing Contact, or immediately where continued access creates a genuine security or legal risk to the Service or other Customers. We will act proportionately and tell you why.
Either party may terminate if the other becomes insolvent or stops carrying on business.

On any termination you may export your Customer Data as described in Section 6. Sections that by their nature should survive (data, liability, indemnity, governing law) survive termination.

12. Changes to these Terms

We may update these Terms from time to time — for example to reflect new features, new legal requirements, or clearer wording. If we make a change that materially affects your rights or obligations, we will give your Billing Contact at least thirty (30) days’ notice before it takes effect. If you do not accept the change, you may cancel under Section 4 before it applies, and your Service continues through the end of your current paid period under the existing Terms. Continuing to use the Service after the change takes effect means you accept the updated Terms. (Fee changes are governed instead by the Pricing Adjustments clause in Section 3.)

13. Statutory rights that cannot be excluded

These Terms serve customers in six countries, and each country’s law grants rights that a contract cannot take away. Nothing in these Terms excludes, restricts, or modifies any right, guarantee, or remedy that applies to you and cannot lawfully be excluded, restricted, or modified by agreement. Where any part of these Terms would do so, that part applies only to the extent the law allows, and the rest continues in force.

Australia. If you are a “consumer” under the Australian Consumer Law (which turns on a price test, not on whether you are a business), our Service comes with consumer guarantees — including guarantees as to due care and skill and fitness for a disclosed purpose — that cannot be excluded. Nothing in these Terms, including the warranty, liability, or indemnity clauses, limits those guarantees or the remedies available for their breach. The unfair-contract-terms provisions of the Australian Consumer Law also apply to standard-form small-business contracts, and no term of these Terms is intended to operate as an unfair term.

New Zealand. Where the Consumer Guarantees Act or Fair Trading Act applies to your acquisition of the Service, those rights are preserved and are not excluded by these Terms.

United Kingdom, Ireland, and the EU. Any mandatory rights you have under UK or EU consumer or commercial law that cannot be excluded by contract are preserved, notwithstanding anything else in these Terms.

United States and Canada. Any rights you have under applicable federal, state, provincial, or territorial law that cannot be waived are likewise preserved.

14. Governing law and disputes

[GOVERNING LAW — attorney to set the governing law and forum, and to confirm how it interacts with the mandatory local rights preserved in Section 13 across all six countries.] Whatever governing law is chosen, these Terms are subject to Section 13: a choice of governing law or forum does not, and is not intended to, deprive you of the protection of mandatory provisions of the law of your own country that cannot be excluded by agreement — including the Australian Consumer Law, whose reach a foreign choice-of-law clause does not by itself displace.

15. General

Entire agreement. These Terms, together with the Privacy Policy, the Refund Policy, and any order or plan you select at signup, are the whole agreement between you and ArdinGate for the Service.
Severability. If any provision is found unenforceable, the rest stays in force and the unenforceable provision is read down to the minimum extent needed to make it valid.
No waiver. If we do not enforce a provision on one occasion, that is not a waiver of it.
Assignment. You may not assign these Terms without our consent; we may assign them to a successor of our business on notice to you, provided your rights under these Terms are not reduced.
Notices. We give billing and subscription notices to your Billing Contact; you give us notice through the contact channels listed below.

16. Who we are, and how to reach us

The Service is provided by ArdinGate LLC, the operator of Vivetra. Questions about these Terms, your Subscription, or your data can be sent through our contact page. This disclosure of the operating entity appears here because a terms-of-service page is the place that identification belongs.