Terms of Service

These Terms of Service ("Terms") govern your access to and use of SpaySecure's website and services at spaysecure.com (the "Service"). The Service is operated by, and your agreement under these Terms is with (in each case, "SpaySecure," "we," "our," or "us"):

• SpaySecure Pet Services LLC, if you are located in the United States
• Spay Secure Pet Services Canada, if you are located in Canada
• SpaySecure Pet Services Pty Ltd, if you are located in Australia

By creating an account, subscribing, or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use our services. You must be at least 18 years old to use SpaySecure.

If you have entered into a separate Service Agreement with SpaySecure, that agreement governs the matters it addresses, and these Terms govern your use of the Service to the extent not addressed there. In the event of a conflict, the Service Agreement controls.

SpaySecure administers sterilization agreements between pet breeders, pet buyers, and SpaySecure. SpaySecure is a party to each Sterilization Agreement and manages compliance from signing through resolution. Our services include:

• Creation and electronic signing of Sterilization Agreements on SpaySecure's standard form.
• Buyer identity verification, where required
• Deadline tracking, automated reminders, and extension request handling
• Review and verification of sterilization proof, including veterinary confirmation
• Compliance administration and enforcement of Sterilization Agreements as described in those agreements
• Responsible Breeder certification
• Record keeping and compliance reporting

To use our services, you must create an account and provide accurate information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Keeping your account information current and accurate

You agree not to:

• Use the service for any unlawful purpose
• Submit false or misleading information
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the service
• Represent that SpaySecure is a party to, or administers, any agreement not created through the Service, or hold yourself out as an agent, partner, or representative of SpaySecure
• Display a certification badge after expiry or revocation, alter a badge, or misrepresent the scope of any SpaySecure certification

SpaySecure facilitates the creation and execution of contracts between breeders and buyers. You acknowledge that:

• Sterilization Agreements created through the platform use SpaySecure's standard form, to which SpaySecure is a party as described in that agreement
• Any sales agreements, custom clauses, or other terms you upload or add to a contract are your own, and you are solely responsible for their content
• Electronic signatures collected through our platform are legally binding under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA) in the United States, the Uniform Electronic Commerce Act and equivalent provincial legislation in Canada, and the Electronic Transactions Act 1999 (Cth) and equivalent state legislation in Australia
• SpaySecure does not provide legal advice regarding contract enforceability
• You should consult with a legal professional for specific legal questions

SpaySecure has sole discretion over compliance and enforcement decisions under Sterilization Agreements, including whether and how to pursue a default, accept proof or cure, grant extensions, settle, or close a matter. SpaySecure does not guarantee any particular enforcement outcome.

Electronic signatures are processed through a third-party electronic signature provider. By using these services, you also agree to the provider's applicable terms of use.

SpaySecure offers an optional Responsible Breeder certification. Certification is based on your own attestations in the application; SpaySecure does not independently verify, audit, or inspect your breeding practices.

The certification and badge are not an endorsement, warranty, or guarantee by SpaySecure of you, your practices, or any animal, and buyers may not rely on them as such.

You are responsible for the accuracy of your attestations and for continuing to meet them while certified. False or inaccurate attestations are a breach of these Terms and grounds for revocation. SpaySecure may approve, decline, suspend, or revoke certification at its discretion. Certifications expire and must be renewed to remain active.

While your certification is active, we grant you a limited, revocable license to display the certification badge in unaltered form. You must remove the badge promptly upon expiry or revocation.

An active certification, together with your per-case authorization, is required before SpaySecure escalates enforcement against a defaulting buyer. If your certification expires or is revoked, escalated enforcement is unavailable until it is reinstated, and SpaySecure retains sole discretion over enforcement decisions as described in Section 5.

Certain features of SpaySecure require a paid subscription or credit purchases. By subscribing or purchasing credits, you agree to:

• Pay all applicable fees as described at the time of purchase
• Provide accurate billing information
• Authorize recurring charges for subscription plans

Subscriptions automatically renew unless cancelled before the renewal date. You may cancel at any time through your account settings, and cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods. Where required by law, we will send you a reminder before your subscription renews.

Payment processing is handled by Stripe. By making a payment, you also agree to Stripe's Terms of Service.

Our Service integrates with third-party services. Your use is subject to their terms:

• Electronic signatures: subject to our signature provider's terms of use, as applicable to your contracts
• Stripe (payment processing): subject to the Stripe Services Agreement
• Google Maps (address features): subject to the Google Maps/Google Earth Additional Terms of Service

You retain ownership of content you submit to SpaySecure (contracts, templates, pet records, etc.). By submitting content, you grant us a limited license to use, store, process, and analyze that content, including with automated document-analysis tools operated by our service providers, as necessary to provide our services, review submissions, prevent fraud, and operate and improve the Service. We may also use de-identified versions of your content for any lawful purpose.

SpaySecure and its content, features, and functionality are owned by SpaySecure and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our permission.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SpaySecure does not guarantee the enforceability of contracts created through our platform. Enforceability depends on applicable law and the specific circumstances of each contract.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPAYSECURE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO:

• Loss of profits or revenue
• Disputes between you and your buyers
• Failure of buyers to comply with sterilization contracts
• Unauthorized access to or alteration of your data, where such access does not result from our failure to implement reasonable safeguards

Our total liability shall not exceed the amount you paid us in the twelve months preceding the claim.

Non-excludable rights. Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy conferred on you by the Australian Consumer Law, provincial consumer protection legislation in Canada, or any other applicable law that cannot lawfully be excluded or limited. To the extent we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to resupplying the Service or paying the cost of having the Service resupplied. The disclaimers and limitations in these Terms apply only to the extent permitted by these laws.

You agree to hold SpaySecure harmless from any claims or damages arising from sales agreements, custom clauses, or other terms you upload or add to contracts, your use of the service, or your violation of these Terms.

You may close your account at any time. We may suspend your account immediately while we investigate suspected fraud, a suspected breach of these Terms, or activity that creates risk to SpaySecure, buyers, or other users. We may terminate your account immediately for violation of these Terms or fraudulent activity, and may otherwise terminate your account for any reason on at least 30 days' notice.

Upon termination, your right to use the service ceases. You may export your data before closing your account, and for 30 days following termination, after which we may delete it subject to our legal retention obligations.

We may modify these Terms from time to time. For material changes, we will notify you by email or through the Service in advance of the changes taking effect, in addition to posting the updated Terms on this page with a revised "Last Updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. For users located in Canada, these Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. For users located in Australia, disputes will be governed by the laws of Queensland, Australia.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service, including any question regarding the validity of this arbitration provision, shall be resolved by final and binding arbitration:

• United States: administered by National Arbitration and Mediation (NAM) and governed by NAM's Comprehensive Dispute Resolution Rules and Procedures and the fee schedule in effect at the time the claim is filed.
• Canada: determined by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The language of the arbitration shall be English or French, at the election of the party initiating the claim. The number of arbitrators shall be one.
• Australia: resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Brisbane, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.

To the maximum extent permitted by applicable law, you agree to waive your right to participate in class action lawsuits against SpaySecure. This section does not apply to the extent applicable consumer protection law renders a pre-dispute arbitration agreement or class-action waiver unenforceable, including for residents of Ontario and Quebec, who may bring eligible claims in their local courts.

Questions about these Terms? Contact us at support@spaysecure.com