PetBiz Terms of Service

1. The Service

PetBiz provides software for kennel, dog daycare, boarding, and grooming businesses, including reservations, check-in/check-out, payment collection, daily-care tracking, and two-way text messaging with customers. We may add, change, or discontinue features over time.

2. Accounts and eligibility

You must provide accurate account information and keep it current. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must be at least 18 and able to form a binding contract.

3. Customer data and your responsibilities

When you use the Service, you enter information about your own customers and their pets ("Customer Data"). As between you and PetBiz, you own and are responsible for your Customer Data. You represent and warrant that:

• You have all necessary rights and consents to collect and enter Customer Data, including consent to contact your customers by text message where you use that feature.
• Your use of the Service complies with all applicable laws, including telemarketing, messaging (TCPA/carrier rules), consumer-protection, and privacy laws.

PetBiz processes Customer Data on your behalf as described in our Privacy Policy.

4. Messaging

The Service includes optional two-way text messaging features powered by Twilio. When a subscribing business enables messaging, PetBiz configures Application-to-Person (A2P) messaging capabilities for that business.

If you use the messaging features to communicate with your own customers (pet owners):

• You are the sender. You (the subscribing business) are the sole sender of those messages. PetBiz is a technology platform provider only and does not send messages to your customers on its own behalf.
• Consent is your responsibility. You are solely responsible for obtaining, documenting, and maintaining all required prior express consent from recipients before any messages are sent. You must also honor opt-out requests (including replies of STOP) in accordance with applicable law and carrier requirements.
• Your own legal terms apply to your customers. When your customers interact with your branded site (for example, acme.petbizsystems.com or a custom domain), your own Privacy Policy and Terms of Service are displayed and govern your relationship with those customers.
• Content and compliance. You control the content of messages you send. You agree to comply with the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles and Best Practices, Twilio's acceptable use policies, carrier requirements, and all other applicable messaging, telemarketing, and consumer-protection laws. PetBiz does not review, approve, or control message content.
• Suspension. PetBiz may suspend or disable messaging features for your account immediately if we reasonably believe you are violating these requirements, applicable law, or Twilio's policies, or if required by a carrier or messaging provider.

5. Payments and fees

5.1 Subscription fees

Fees for the Service are determined by your selected plan and any applicable promotions or partnership arrangements.

Some plans or features may be provided at no additional platform fee (or at a reduced fee) when you process payments through PetBiz's preferred payment processor under a qualifying arrangement. Even when you use the preferred processor, certain advanced features (such as enhanced reporting, accounting tools, or third-party integrations) may still require a paid subscription.

By providing a payment method, you authorize PetBiz (or our payment processor) to charge that payment method for all applicable subscription fees on a recurring basis according to your billing cycle (monthly or annual, as selected). Subscriptions renew automatically unless you cancel before the renewal date.

5.2 Payment processing fees

When you collect payments from your customers (pet owners) through the Service, those transactions are processed by a third-party payment processor. Transaction fees and any other processor charges are determined by the processor and are separate from PetBiz platform subscription fees. PetBiz does not store full payment card numbers.

If you choose to use PetBiz's preferred payment processor, additional benefits or reduced platform fees may apply as described in your plan or partnership terms.

5.3 Taxes

Fees are exclusive of applicable taxes. You are responsible for all sales, use, value-added, or similar taxes imposed in connection with your use of the Service (other than taxes based on PetBiz's net income).

5.4 Late payments and suspension

If any fee owed to PetBiz is not paid when due, we may suspend or limit access to paid features or the Service until the outstanding amounts are paid. We will generally provide reasonable notice before suspension for non-payment, except in cases of suspected fraud or significant risk.

5.5 Refunds and cancellations

Platform subscription fees are non-refundable except as required by law or as expressly agreed in writing by PetBiz. You may cancel your paid subscription at any time; cancellation takes effect at the end of the then-current billing period.

5.6 Price and plan changes

PetBiz may modify subscription plans, pricing, or the benefits associated with preferred-processor arrangements upon reasonable prior notice. Changes will apply to subsequent billing periods.

6. Acceptable use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not (and will not allow any user of your account to):

• Use the Service in any way that violates applicable law, including privacy, consumer-protection, telemarketing, or messaging laws;
• Send text messages or other communications without the required prior express consent of the recipient, or fail to honor opt-out requests;
• Upload, store, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or that infringes the rights of others;
• Upload or transmit viruses, malware, or any other malicious or technologically harmful code;
• Attempt to gain unauthorized access to the Service, other accounts, or any related systems or networks;
• Interfere with or disrupt the integrity, performance, or security of the Service or data contained therein;
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of the Service, except to the extent such restriction is prohibited by law;
• Use the Service to build a competing product or service, or for benchmarking or competitive analysis without our prior written consent;
• Circumvent or attempt to circumvent any usage limits, security measures, or access controls;
• Use the Service in any manner that could damage, disable, overburden, or impair PetBiz's systems or interfere with any other party's use of the Service.

PetBiz reserves the right to investigate violations of this section and to suspend or terminate access immediately if we reasonably believe you have violated these rules or created risk for PetBiz, other customers, or third parties.

7. Intellectual property

PetBiz and its licensors own all right, title, and interest in and to the Service, including all software, interfaces, designs, text, graphics, and trademarks. These Terms do not grant you any ownership rights in the Service.

Subject to your compliance with these Terms and payment of applicable fees, PetBiz grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your subscription solely for your internal business purposes.

You retain all rights in your Customer Data. PetBiz claims no ownership over Customer Data.

If you provide feedback, suggestions, or ideas about the Service, you grant PetBiz a perpetual, irrevocable, royalty-free license to use and incorporate that feedback without any obligation to you.

PetBiz may create, retain, and use aggregated or de-identified data derived from Customer Data or use of the Service for analytics, product improvement, benchmarking, and other legitimate business purposes, provided such data does not identify you or any individual.

8. Third-party services

The Service integrates with third-party services, including payment processors and messaging providers (such as Twilio). Your use of those third-party services may be subject to their own terms and privacy policies. PetBiz is not responsible for the availability, performance, or actions of any third-party service.

PetBiz does not control and is not liable for any third-party service, including any fees they charge or any data they process under their own terms.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PETBIZ DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PETBIZ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

PETBIZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR DATA PROCESSED THROUGH THE SERVICE, INCLUDING CUSTOMER DATA OR MESSAGES SENT BY YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PETBIZ, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF PETBIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PETBIZ'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNTS YOU PAID TO PETBIZ FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless PetBiz and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your Customer Data, including any claim that Customer Data infringes or violates the rights of any third party or violates applicable law;
• Messages or other communications you send through the Service, including any claim related to lack of consent, failure to honor opt-outs, or violation of messaging, telemarketing, or consumer-protection laws;
• Your use of the Service in violation of these Terms or applicable law;
• Any dispute between you and your customers or other third parties.

PetBiz reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with PetBiz in the defense of any such claim.

12. Termination

You may stop using the Service and cancel your account at any time through your account settings or by contacting us.

PetBiz may suspend or terminate your access to the Service (in whole or in part) immediately if:

• You breach these Terms and fail to cure the breach within a reasonable period after notice (or immediately if the breach is not curable or creates significant risk);
• Required by law or by a third-party provider (such as a payment processor or messaging provider); or
• You fail to pay applicable fees when due.

Upon termination or cancellation:

• Your right to access and use the Service ends immediately;
• You remain responsible for any fees owed up to the effective date of termination;
• Handling of Customer Data after termination is governed by our Privacy Policy and any separate agreement between us.

Sections that by their nature should survive termination (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.

13. Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Anderson County, Texas, and you consent to the personal jurisdiction of those courts.

14. Changes to these Terms

PetBiz may update these Terms from time to time. We will post the updated Terms on this page and revise the "Last updated" date. If we make material changes, we will provide reasonable notice (for example, by email or in-app notification). Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and cancel your account.

15. Contact

Questions about these Terms should be directed to:
PET BIZ SYSTEMS LLC, 2748 FM 19, Palestine, TX 75803
admin@petbizsystems.com