Consumer Health Data Policy

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED, AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY AND REPORT ANY ISSUES, OR CONCERNS, TO: Pettable, Inc. (“Pettable”) 2810 N Church St, Suite 67131. Wilmington, Delaware 19802-4447.

The Health Insurance Portability & Accountability Act of 1996 (HIPAA) is a federal law requiring that all medical records and other individually identifiable health information used, or disclosed, by us in any form, including whether electronically, via video or teleconference, or orally, are kept properly confidential. HIPAA gives you, the Patient, rights to understand and control how your health information is used. HIPAA provides penalties for covered entities that misuse protected health information.

We have prepared this “Notice of HIPAA Privacy Practices” (Notice) to explain how we maintain the privacy of your health information and how we may use and disclose your health information. We are a Business Associate under HIPAA, and not required by law to maintain or provide this Notice. Nonetheless, we strive to foster confidence between you and us with respect to your protected health information and maintain this Notice as a courtesy to provide information on how we may use your protected health information. We also work closely with your clinicians and practitioners who furnish clinical care to collaboratively properly maintain your protected health information. We will notify you if we experience a breach of your unsecured protected health information.  We will follow the terms of this Notice and we may amend the Notice if we change any of our privacy policies or practices. We can change the terms of this Notice, and the changes will apply to all information we have about you. The new notice will be available on our web site and in the Pettable Portal, accessible at app.pettable.com.  

As a business associate to our independently contracted network of therapists and clinicians (“Clinicians”), we may use and disclose your medical records for each of the following purposes: treatment, payment, and health care operations:

TREATMENT means providing, coordinating, or managing health care and related services by one or more health care providers including the Clinicians.

PAYMENT means such activities as obtaining payment or reimbursement for services, billing or collection activities and utilization review.

HEALTH CARE OPERATIONS include managing your Pettable Portal, to facilitate therapeutic consultations with associated Clinicians, as well as conducting quality assessment review and service improvement planning activities, auditing functions, and customer service.

We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes, including:

• Help with public health and safety issues:some text
  • We can share health information about you for certain situations such as preventing disease, helping with product recalls, reporting adverse reactions to medications; reporting suspected abuse, neglect, or domestic violence; preventing or reducing a serious threat to anyone’s health or safety.
• Comply with the law:some text
  • We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
• With your Authorization:some text
  • We will share information about you with those designated by you with your express written authorization. These uses include: the use of your psychotherapy notes for treatment, training, or defense in a legal action or proceeding brought by you; Marketing; or the sale of your information.

Further, we may create and distribute de-identified health information by removing all references to individually identifiable information.

We may contact you to provide information about our services or other health-related services that may be of interest to you.

Any other uses and disclosures will be made only with your written authorization. You may revoke such authorization in writing and we are required to honor and abide by that written request, except to the extent that we have already taken actions relying on your authorization.

You may exercise the following options with respect to your protected health information, by presenting a written request to your Clinician.

You have the right to request from Clinician restrictions on the ways we use and disclose your health information for treatment, payment, and healthcare operations. You may also request that we limit our disclosures to persons assisting your care. We will consider your request, but are not required to accept it.

You have the right to request from Clinician that you receive communications containing your protected health information from us by alternative means or at alternative locations. For example, you may ask that we only contact you at home or by mail.

Except under certain circumstances, you may inspect and copy medical, billing and other records used to make decisions about you. If you ask for copies of this information, we may charge you a nominal fee for copying, packaging, and postage.

If you believe that information in your records is incorrect, or incomplete, you have the right to ask your Clinician to correct the existing information, or add missing information. Under certain circumstances, we may deny your request, such as when the information is accurate and complete.

You have the right to request from your Clinician a list of certain instances when we have used or disclosed your medical information. If you ask for this information from us more than once every twelve months, charges may apply, to cover our costs for administration, archive retrieval, copying, packaging, and postage. Upon request, you have a right to receive a paper copy of this notice. 

You can complain if you feel we have violated your rights by contacting at (855) 920-0323. You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/ privacy/hipaa/complaints/. We will not retaliate against you for filing a complaint.

This Notice is effective July 1, 2024

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Pettable, Inc.

(855) 920-0323

[email protected]

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These Service Terms constitute a legal agreement between you and Pettable, Inc. (“Pettable”, or “us”) regarding your use of our services.  PLEASE READ THESE SERVICE TERMS CAREFULLY BEFORE USING OUR SERVICES.  THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING A WAIVER OF THE RIGHT TO A JURY TRIAL. BY CLICKING “I ACCEPT” AS PART OF THE REGISTRATION PROCESS YOU AGREE TO BE LEGALLY BOUND BY: 

• These Service Terms and 
• The Telehealth Consent Documents, consisting of (a) your Informed Consent for Tele-Therapy Services,  (b) your HIPAA Authorization to Share Health Information, (c) any other agreements entered into for Veterinary Services, as defined below; and (d) any other documents or policies linked or referenced in these Service Terms.  

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IF YOU DO NOT AGREE WITH THESE SERVICE TERMS OR THE TELEHEALTH CONSENT DOCUMENTS, DO NOT USE THE PETTABLE SERVICES OR THE PETTABLE PLATFORM. 

1. Defined Terms.  Section 27 (Definitions) provides the defined terms used in this Agreement.  
2. Pettable Services and Platformsome text
   1. Pettable Services and the Platform. Pettable has developed a network of licensed mental health professionals and facilitates your access to a provider in this network to determine whether you qualify for an Emotional Support Animal (“ESA”) letter or a Psychiatric Service Dog (“PSD”) letter and, if so, to provide you with one of these letters. The licensed mental health professionals in the Pettable Network (each a “Network Provider”) provide telehealth services, which may include assessment, diagnosis, therapy, follow-up and/or education, teletherapy, consultation, treatment, transfer of personal and health information, emails, telephone conversations and education using interactive audio, video and data communications, as applicable (“Telehealth Services”). Pettable also offers to you the ability to access certain on demand veterinary services through the Pettable Platform or by calling into the veterinary assistance helpline (the “Veterinary Helpline”) at 833-849-9559  for your ESA or PSD (“Veterinary Services”). After contacting the Veterinary Helpline you will receive assistance and advice from a veterinary nurse or veterinarian (“Veterinary Provider”). If the Veterinary Provider determines that video support or additional documentation such as pictures of your PSD or ESA, such portion of the Veterinary Services will be provided either through the Pettable Platform or your Veterinary Provider may provide you with an individual link to access the video conference or to upload images or videos requested by the Veterinary Provider. After collecting intake information from you, Pettable will facilitate your access to one of our Network Providers and provide administrative services to assist with and manage this relationship (“Administrative Services”). Administrative Services, Telehealth Services, and Veterinary Services are collectively referred to as the “Pettable Services”. 
   2. Veterinary Services. Veterinary Services may be made available to you at an additional cost and cannot be purchased as a standalone service without the purchase of Telehealth Services and Administrative Services. Payment for the Veterinary Services shall be made in accordance with Section 8 of this Agreement. You may purchase the additional Veterinary Services at any time through our website or during your initial registration process.  You acknowledge that (a) Veterinary Services will be provided remotely, and (b) that the Veterinary Provider may be located outside of the United States and does not provide medical, behavioral health, or health advice or diagnoses. 
3. Relationship between Network Providers and Pettable. Pettable does not itself provide any therapy, Telehealth Services, or other Network Providers’ services. All of the Network Providers are independent of Pettable. Any information or advice received from a Network Provider comes from them alone, and not from Pettable. Pettable does not make any representations or warranties about the training or skill of any Network Providers.
4. Access License.  some text
   1. Access Rights. Subject to the terms and conditions of this Agreement, Pettable hereby grants to you, under Pettable’s Intellectual Property Rights and during the Term, a non-exclusive, non-sublicensable, non-transferable license to access and use the Pettable Platform for its intended purposes.  
   2. Ownership of Pettable Platform. As between the Parties, the Pettable Platform (and Intellectual Property Rights embodied in the Pettable Platform) are the sole property of Pettable and, except for the limited rights granted in this Section 4 (Access License), you have no rights in or to the Pettable Platform. 
   3. Restrictions. You agree that you will not: (i) sell, rent, lease, sublicense, transfer, modify, create derivative works of, or redistribute the Pettable Platform; (ii) alter or remove any copyright, patent, trademark, or other protective notices included with the Pettable Platform; (iii) reverse engineer, decompile, or disassemble the Pettable Platform; or (iv) allow any party other than itself to access or otherwise use the Pettable Platform and Pettable Services. 
   4. No Implied Rights. No rights shall be implied under this Agreement, based on any course of conduct, or on any construction or interpretation thereof. All rights and licenses not expressly granted in this Agreement are reserved.
5. Helpdesk Support. Pettable provides FAQs and other documentation, located at www.pettable.com, to answer questions concerning the Pettable Services. If these materials do not answer your question, please feel free to contact us as set forth in Section 26 (Contact Us).  
6. Availability. Pettable shall use commercially reasonable efforts to make the Pettable Platform available to the you, subject to reasonable downtime for maintenance and error corrections.
7. Acceptable Use Policy.  You shall not: (i) use the Pettable Platform for purposes that are unlawful, offensive, infringing the privacy of others, or otherwise prohibited by this Agreement; (ii) use the Pettable Platform in a manner designed to disable, overburden, or impair the Pettable Platform or interfere with another party’s use and enjoyment of the Pettable Platform (or its components); (iii) seek to obtain access to any portion of the Pettable Platform or related materials, accounts, or information through hacking, data harvesting, data mining, or through other means Pettable has not intentionally made available to the you through the Pettable Platform; or (iv) infringe Pettable’s or any third-party’s Intellectual Property rights, or other proprietary rights or rights of publicity or privacy.  
8. Payment Terms. You shall pay Pettable the fees associated with your use of the Pettable Services and identified on the Website (collectively, the “Fees”). The Fees will be paid by you with one upfront payment at the time you complete the initial questionnaire to access the Pettable Services. Unless expressly otherwise provided herein, all Fees are stated and payable in U.S. dollars. Pettable does not accept health insurance for payment for any Pettable Services. some text
   1. Payment Authorization. By providing Pettable with credit card information, a Google Pay account, an Apple Pay account, or other payment method we offer, you agree that Pettable is authorized to immediately charge your account for Fees due and payable to Pettable with no additional notice or consent required. 
   2. Pricing Modification. Pettable reserves the right to prospectively modify or implement a new pricing structure. Pettable will notify you if a change in pricing takes place during the Term. If you disagree with the new pricing structure, you may terminate this Agreement according to Section 18 (Termination). 
   3. Pettable Fees. You understand that the portion of the Fees attributed to the Telehealth Services provided by Network Providers is passed through by Pettable to the Network Provider rendering the Telehealth Services to you and is not retained by Pettable.  The portion of the fees retained by Pettable is for the fair market value of the Administrative Services provided by Pettable.
   4. Taxes. All Fees payable hereunder are exclusive of, and, as between the Parties, you are responsible for paying, any taxes assessed or imposed in connection with this Agreement (excluding taxes on Pettable's income or property). You shall indemnify and hold Pettable harmless from and against all claims and liabilities arising in connection with your failure to report or pay any such taxes. 
9. Feedback. The term “Feedback” means suggestions, ideas, feature requests, and recommendations made by you relating to Pettable Services or other elements of Pettable’s business. If you choose to provide Feedback to Pettable, then you hereby transfer to Pettable your rights in Feedback (including associated Intellectual Property Rights).
10. Privacy and Telehealth Consent Documents. Your use of the Pettable Services may result in Pettable’s processing, on your behalf, personal health information (“PHI”) included in the Customer Data and some information Pettable collects constitute PHI. These processing activities and the maintenance and disclosure of such PHI will be subject to the Informed Consent for Tele-Therapy Services and HIPAA Authorization to Share Health Information (the “Telehealth Consent Documents”). In case of a conflict between this Agreement and the Telehealth Consent Documents or any business associate agreement entered into by Pettable, as discussed below, the Telehealth Consent Documents, applicable law, and any business associate agreements shall control.  Your Network Provider, if a covered entity under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”), will provide you with a Notice of Privacy Practices describing its collection, use and disclosure of your PHI, not Pettable.  Pettable, in some instances, is a “business associate” (as that term is used under HIPAA) that provides services to and for the Network Providers, referred to as “covered entities” under HIPAA, and enters into business associate agreements with those Network Providers that are covered entities. When applicable, Pettable will use and disclose PHI only in accordance with any such business associate agreements and HIPAA.  We may de-identify your Personal Information so that it no longer reasonably identifies you. In this case, we may use this de-identified data without restriction and for any purpose, including to improve our products and services.
11. Customer Data.  some text
    1. Retention of Customer Data.  You are responsible for retaining copies of Customer Data and, except to the extent required by applicable law, Pettable has no obligation to backup Customer Data. 
    2. Security. Pettable shall use commercially reasonable efforts to safeguard the security of Customer Data resident on the Pettable Platform, and shall employ, for this purpose, information security controls consistent with accepted practice in the industry and applicable law.
12. Representations and Warranties.  Unless provided otherwise in other Terms, the Parties represent and warrant as follows: some text
    1. Your Representations and Warranties. You represent and warrant to Pettable: (i) that you have provided true and accurate information and will maintain the accuracy of such information; (ii) that you are physically located in and reside in the state indicated in the address you provided during the registration process, as the licensed mental health professional cannot assess across state lines; (iii) that you will comply with applicable law; and (iv) that you are solely responsible for knowing and understanding your local laws concerning standards for the content, legality, and requirements for ESA/PSD Letters. 
    2. Pettable Representations and Warranties. Pettable represents and warrants to you: (i) that the Administrative Services, PSD Training Course, and Pettable Academy Courses will be performed in accordance with accepted industry practice and by qualified individuals; and (ii) that it has used reasonable care and practice in evaluating and selecting the mental health professionals who administer the Telehealth Services and comprise the Pettable Network, and the certified professional dog trainers who conduct the PSD Training Course and Pettable Academy Courses.  While we make efforts to verify the background that the Network Providers and certified professional dog trainers claim they have, we cannot warrant or guarantee their accuracy.
    3. Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET OUT IN SECTION 12.2 (Pettable Representations and Warranties), THE PETTABLE SERVICES, PETTABLE PLATFORM, AND ALL PETTABLE PERFORMANCE OBLIGATIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND PETTABLE HEREBY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.  THE FOREGOING DOES NOT AFFECT WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Additional Disclaimers. some text
    1. Not a Licensed Healthcare Provider. Pettable is not a licensed health care provider nor does Pettable provide medical, behavioral health, or health advice or diagnoses. Any medical advice or treatment you receive in connection with the Pettable Services is provided by our Network Providers. Always seek professional medical advice regarding a medical or mental health condition or treatment.  
    2. No Therapist – Patient Relationship. All information provided by Pettable is intended to be for general informational purposes only, and is in no way intended to create a therapist – patient relationship as defined by state and federal law.  While Pettable facilitates your selection of, communications with and other interactions with Network Providers, Pettable does not provide professional services and the therapist-patient relationship is between you and the therapy provider you select. Pettable shall not be liable for any professional advice obtained from a Network Provider or for any other information obtained on the Pettable Platform. Pettable receive a fee from Network Providers for use of the Platform and technology and various other services. However, this does not imply endorsement of a particular Network Provider.  Pettable shall not be liable for negligent credentialing or the negligence of any Network Provider.  Pettable does not endorse any specific tests, providers, therapies, products or procedures that are recommended by Network Providers. You acknowledge that your reliance on any healthcare providers or information provided by the Network Providers is solely at your own risk and you assume full responsibility for all risk associated herewith.  The content of the site and the services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical or behavioral health advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical or behavioral health conditions.  We do not guarantee that any person’s use of the Pettable Platform is the appropriate course of treatment for any individual’s particular health care problem. 
    3. Not an Emergency-Monitoring Service or Crisis Service. Pettable is not an emergency-response, emergency-monitoring service, or crisis service. Any person who is aware of an emergency situation should immediately contact an appropriate emergency response or dial “911”.  Any person who is feeling suicidal or in need of immediate assistance due to emotional crisis should reach out for help to a crisis help line. A list of crisis help lines and service providers can be found in your phone book, or contact the National Suicide Hotline 800-273-TALK (800-273-8255).  If you are in crisis, contact the above organizations or another resource of your choice.  If you need help finding mental health services and support in your community contact an appropriate organization, such as for example: National Mental Health Association Information Center: nmha.org. 
    4. No Assurances of Acceptance. Except as expressly provided in Section 15 (Refund), Pettable does not guarantee that a landlord, airline, or other third party will follow the requirements set by state and/or federal laws and regulations that govern ESAs and PSDs, or will accept your ESA/PSD Letter.  Even though a person may have an ESA/PSD Letter from a Network Provider, this in no way guarantees that the person will qualify as “disabled” under federal or state law, or receive any particular accommodation by any airline, hotel, restaurant owner, or any other company or individual. An ESA is not a “service dog” as defined by law and may not necessarily be accorded the same level of accommodation.  
    5. PSD Training Course and Pettable Academy Courses.  Pettable offers the PSD Training Course as a tool to educate you about PSDs and to assist you in training your PSD and offers additional self-guided dog training through Pettable Academy Courses; however, Pettable is not responsible for training any Animal Companion as a PSD or for otherwise training or assisting you with training any dog.  If you purchase the Pettable Academy Courses, you acknowledge, agree, and understand that the Pettable Academy Courses are self-guided and that the success of those Pettable Academy Courses is contingent on your own effort to complete the Pettable Academy Courses and to follow and adhere to the instructions and information provided therein (including any personalized training recommendations that may result from live support sessions).  The PSD Course Completion Certificate issued upon your completion of the PSD Training Course does not certify or guarantee that your Animal Companion qualifies as a PSD; rather, it solely certifies your completion of the PSD Training Course offered by Pettable.  Similarly, the Pettable Academy Completion Certificate issued upon your completion of the Pettable Academy Courses do not certify or guarantee anything about your dog other than the fact that you and your dog completed such Pettable Academy Courses.  Pettable is not responsible for any damages caused by your Animal Companion in public or private spaces or for the behavior of your Animal Companion before or after you complete the PSD Training Course or Pettable Academy Courses and receive a PSD Course Completion Certificate or Pettable Academy Completion Certificate.  The PSD Course Completion Certificate and Pettable Academy Completion Certificate do not provide protection against liability for misconduct by your Animal Companion.
    6. Animal Companion. Without limiting Section 12.3 (Disclaimer of Warranties), Pettable is not responsible for the training, temperament, or qualification of any Animal Companion as a service animal.  Pettable is not responsible for any damages caused by the Animal Companion in public or private spaces. An ESA/PSD letter does not provide protection against liability for misconduct by the Animal Companion. 
    7. Legal Disclaimer.  Pettable is not a lawyer or a law firm and does not provide any legal advice. The Pettable Platform neither offers nor constitutes legal advice or counsel. The Pettable Platform may contain content (such as the PSD Training Course and Pettable Academy Courses) that references federal, state and local rules regarding assistance animals and/or telehealth. Pettable does not make any representations or warranties as to the accuracy or applicability of this content. Laws, regulations, guidelines and other rules regarding ESAs, PSDs, assistance animals and telehealth are constantly evolving and subject to interpretation, and Pettable makes no representations or guarantees as to whether any information on the Pettable Platform is current, complete, accurate or relevant or that the Telehealth Services comply with applicable local, state and/or federal laws. Content on the Pettable Platform is not regularly updated. You should not rely on any content on the Pettable Platform for any advice, guidance or information of a legal nature. To answer legal questions, you should always seek help from a licensed professional or directly reference the latest federal, state or local rules applicable to your circumstance. Pettable makes no representation that any ESA/PSD Letter provided by a Network Provider or Telehealth Services comply with applicable local, state or federal laws.  
14. Indemnification. You shall defend and indemnify us against any third party claim, action, suit, or proceeding resulting from your use of the Pettable Services in a manner not expressly authorized by this Agreement. We shall notify you of any such claim and provide reasonable cooperation and assistance in connection with the claim, at your expense. You will not enter into any settlement without our prior approval, not to be unreasonably withheld. 
15. Refund.   some text
    1. Denied Accommodation. Pettable will refund your Fees applicable to the Telehealth Services and Administrative Service, but not the Veterinary Services, if each of the following conditions are met: (i) you are denied an accommodation by a landlord or property manager  due to a claim that the ESA/PSD Letter from Pettable is not valid; (ii) you have filed a complaint with HUD concerning this denial and provided proof of the filing to us; (iii) you have submitted acceptable documentation of the landlord’s denial (or property managers’ denial) to Pettable (via email to [email protected]) within sixty (60) days of the denial; (iv) all information provided to Pettable under this Agreement is complete, accurate and valid; and (v) you have attended each required appointment, consultation and training required to properly receive the Pettable Services. If you receive a refund of your Fees under this Section 15.1 and you have purchased Veterinary Services, your subscription for Veterinary Services will not terminate until terminated in accordance with Section 18 of these Service Terms. 
    2. Failure to Qualify for ESA/PSD Letter. If the Network Provider determines that you do not qualify for an ESA/PSD Letter, Pettable will refund your Fees , if you submit your rejection letter to Pettable (via email to [email protected]) within thirty (30) days of the Network Provider’s determination.  
    3. Dissatisfaction with PSD Training Course or Pettable Academy Courses. If you purchase the PSD Training Course or Pettable Academy Courses, are dissatisfied with the PSD Training Course or Pettable Academy Course materials provided, and submit a written request to Pettable (via email to [email protected]) on or before the date that is 7 days after you purchased the PSD Training Course or Pettable Academy Courses explaining why you are dissatisfied with the PSD Training Course or Pettable Academy Course materials and requesting a refund of the Fee for the PSD Training Course or Pettable Academy Courses, Pettable will refund your Fee paid for the PSD Training Course or Pettable Academy Courses, as applicable (but no other Fees).  
    4. Limitations to Refund.  You will not be entitled to receive a refund except in the circumstances specified in Section 15.1 (Denied Accommodation), Section 15.2 (Failure to Qualify for ESA/PSD Letter), and Section 15.3 (Dissatisfaction with PSD Training Course or Pettable Academy Courses). For example, Pettable will not issue a refund: (i) if you do not schedule or attend a consultation appointment with a Network Provider; or (ii) if you decide not to continue with the Pettable Services before fully completing the ESA/PSD process.
16. Limitation of Liability. IN NO EVENT SHALL PETTABLE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS; LOSS OF DATA; OR LOSS OR INTERRUPTION OF USE; EVEN IF PETTABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PETTABLE’S LIABILITY FOR DAMAGES WILL EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO THE FEES YOU HAVE PAID TO PETTABLE.
17. Term.  The Agreement shall commence as of the Effective Date and, unless earlier terminated in accordance with Section 18 (Termination), shall continue until the later of (i) your receipt of a requested ESA/PSD Letter; (ii) the Network Provider’s decision to decline your request for an ESA/PSD Letter; (iii) expiration of the guarantee period, if applicable, provided for in Section 15 (Refund); or (iv) your cancellation of the Veterinary Services, if applicable (the “Term”). 
18. Termination. some text
    1. Termination for Convenience. You may terminate this Agreement for any reason (or no reason) prior to the expiration of the Term upon notice to Pettable; provided you have completely fulfilled your payment obligations under Section 8 (Payment Terms). Terminating under this Section 18.1 (Termination for Convenience) will not entitle you to a refund, unless you otherwise qualify for the refund  under Section 15 (Refund). If you elect to terminate just the Veterinary Services under this Section 18.1 (Termination for Convenience), the remainder of the Pettable Services are not automatically terminated and will remain subject to the terms of this Agreement until otherwise terminated. 
    2. Termination for Material Breach. Either Party shall be entitled to terminate this Agreement for material breach by the other, upon providing notice to the other Party.
    3. Termination of Veterinary Services. You will be charged monthly for Veterinary Services until  you request a cancellation of your Veterinary Services by contacting Customer Services at [email protected]. Termination of Pettable Services other than Veterinary Services does not automatically terminate Veterinary Services. In the month following your confirmed cancellation of Veterinary Services, Pettable will cease to charge for Veterinary Services and your access to the Veterinary Services will immediately terminate. 
    4. Suspension of Service. Pettable shall be entitled to suspend or terminate your account immediately and without notice if Pettable determines, in its sole judgment, that you are in breach of this Agreement or your continued use would have a material and adverse impact on Pettable or any of its users . 
    5. Effect of Termination or Expiration. Immediately upon termination or expiration of this Agreement: (i) Pettable shall cease providing the Pettable Services; and (ii) all of your licenses under this Agreement shall end. Pettable may retain copies of the your PHI and other Customer Data to the extent required for legal compliance and copies to the extent the same resides on backup servers. The expiration or termination of this Agreement shall not affect any obligation that accrued prior to such expiration or termination.
    6. Survival. The following Sections of this Agreement shall survive any termination or expiration of this Agreement: (i) Section 4.2 (Ownership of Pettable Platform); (ii) Section 5 (Customer Data); (iii) Section 9 (Feedback); (iv) Section 14 (Indemnification) (v) Section 16 (Limitation of Liability); and (vi) Section 22 (Statistical Data). 
19. Notices. All notices under this Agreement shall be in writing,  in English, and delivered by email.  Notices to Pettable shall be deemed duly delivered upon Pettable’s receipt of your email at the email address specified in Section 26 (Contact Us). Notices to you shall be deemed duly delivered upon your receipt of Pettable’s at the email address you provided during the registration process.
20. Amendment or Assignment.  No amendment to or assignment of this Agreement will be effective unless consented to in writing by both Parties.  
21. No Waiver. No failure or delay in exercising any right under this Agreement will operative as a waiver of such right, or preclude any further exercise.  
22. Statistical Data. To the extent not prohibited by applicable law, Pettable shall be entitled to collect, compile, analyze, and otherwise use and exploit statistical and usage data related to the use of the Pettable Platform and Pettable Services that has been de-identified in accordance with applicable law (“Statistical Data”). No compensation shall be paid by Pettable with respect to its use of the Statistical Data. 
23. Subcontracting. Pettable shall be entitled to use subcontractors in the performance of Pettable’s obligations under this Agreement; provided, however, that if Pettable engages subcontractors, then Pettable shall remain liable for all obligations under this Agreement as though no such subcontracting had occurred. Without limitation, any mental health professional within the Pettable Network and any Veterinary Provider is a subcontractor. 
24. Governing Law; Jurisdiction. This Agreement, and all claims, disputes, or controversies arising out of this Agreement, shall be governed in all respects by the laws of Delaware, USA, without giving effect to its conflicts of law provisions. The exclusive venue and jurisdiction for any action or proceeding arising out of this Agreement shall be the state and federal courts located in Wilmington, Delaware, USA. The Parties accept the personal jurisdiction of such courts. 
25. Waiver of Jury Trial; No Class Actions.  Each Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby. You similarly waive rights or authority (if any) to litigate a claim or dispute under or related to this Agreement on a class action or consolidated basis, or in any type of representative capacity on behalf of another person or persons whether or not similarly situated.  
26. Contact Us. To contact us, please email [email protected].
27. Definitions. some text
    1. “Administrative Services” has the meaning set out in Section 2 (Pettable Services and the Platform).
    2. “Agreement” means these Service Terms. 
    3. “Animal Companion” means an animal who provides emotional or physical support for a person. 
    4. “Customer Data” means data, information, and content that the Company (i) uploads to, or makes available to Pettable by means of, the Pettable Platform (including, but not limited to, in connection with the PSD Training Course and Pettable Academy Courses), or (ii) otherwise provides to Pettable.  
    5. “Effective Date” means the effective date of the Agreement, as specified on the account creation.
    6. “Emotional Support Animal” has the meaning set out in Section 2 (Pettable Services and the Platform).
    7. “ESA” has the same meaning as “Emotional Support Animal.” 
    8. “ESA Letter” means a formal letter by a licensed mental health professional designed to qualify your Animal Companion as an ESA.  
    9. “ESA/PSD Letter” means (i) an ESA Letter or (ii) a PSD Letter, as the case may be.  
    10. “Fees” has a meaning set out in Section 8 (Payment Terms). 
    11. “Intellectual Property” or “Intellectual Property Rights” means rights under patent law, copyright law, trademark law, data and database protection law, trade secret law, and law applicable to confidential information, and any and all similar proprietary rights. “Intellectual Property Rights” means those rights as they exist as of the Effective Date, and all such rights subsequently acquired during the Term.
    12. “Network Provider” has the meaning set out in Section 2 (Pettable Services and the Platform).
    13. “Personal Data” means information (i) that relates an identified or identifiable natural person, (ii) that may be linked or linkable to such natural person or their household; or (iii) that is defined as personal information or personal data (or the equivalent) under applicable law.
    14. “Personal Health Information” or “PHI” has the meaning set out in the Telehealth Consent Documents.

1. “Pettable Academy Courses” means the self-guided training courses offered by Pettable that provide information and instructions regarding how to train a dog and other information related to owning and caring for a dog, such as “Puppy Kindergarten” and “Mastering Focus,” and are included in the scope of Pettable Services.  All references to the Pettable Academy Courses herein shall also refer to and include any optional live support services purchased by you and the evaluation and any personalized training recommendations that result from such live support.
2. “Pettable Academy Completion Certificate” means the certificate issued by Pettable to you upon your completion of the Pettable Academy Courses.  
3. “Pettable Network” means the network of licensed mental health professionals chosen by Pettable to administer the Telehealth Services. 
4. “Pettable Platform” means the portal and associated infrastructure that provides the Pettable Services. 
5. “Pettable Services” has the meaning set out in Section 2 (Pettable Services and the Platform). 
6. “Psychiatric Service Dog” has the meaning set out in Section 2 (Pettable Services and the Platform).
7. “PSD” has the same meaning as “Psychiatric Service Dog.”  
8. “PSD Letter” means a formal letter by a licensed mental health professional designed to qualify your Animal Companion as a PSD.  
9. “PSD Training Course” means the training course offered by Pettable that provides information and instructions regarding how to train your Animal Companion to become a PSD and other information related to PSDs, and is included in the scope of Pettable Services.
10. “PSD Course Completion Certificate” means the certificate issued by Pettable to you upon your completion of the PSD Training Course.  
11. “Statistical Data” has the meaning set out in Section 22 (Statistical Data). 
12. “Telehealth Consent Documents” has the meaning set out in Section 10 (Privacy and Telehealth Consent Documents).  
13. “Telehealth Services” has the meaning set out in Section 2 (Pettable Services and the Platform). 
14. “Term” is defined in Section 17 (Term).
15. “Website” means the Pettable website located at https://pettable.com/. 
16. “you” means the individual who clicks “I accept” to this Agreement.  
    

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Who may receive my information:  By signing below, I authorize the licensed mental health professional and their employees and agents (collectively "Licensed Mental Health Professional") to give out health information about me as described  below to Pettable, Inc. and I authorize Pettable, Inc. to provide health information I provide to Pettable to the licensed mental health professional with whom Pettable facilities my scheduling.  

Description of information to be used or disclosed: 

• The Emotional Support Animal letter (the "Letter") drafted  by the Licensed Mental Health Professional, if one;
• All records and medical or mental health information related to the Letter or related to the evaluation by the Licensed Mental Health Professional including without limitation all information, opinions, diagnoses, assessments, notes (except psychotherapy notes) and documentation related to such  assessment, treatment and the Letter including any pre-screening or demographic information provided to Pettable by me; and 
• Other personal information about me, including name, address, telephone number, gender and date of birth.

Purpose of the disclosure: I am requesting that this information be disclosed for any purpose deemed necessary or advisable by Pettable. 

Who may disclose information: I hereby authorize Pettable and my Licensed Mental Health Professional to provide my information outlined above.

How information may be disclosed:  I authorize my information to be exchanged between Pettable and the Licensed Mental Health Professional electronically, via telephone, facsimile, or through any other means the Pettable or the Licensed Mental Health Professional deem appropriate.  I authorize Pettable to include my information in a database that may help Pettable and the Licensed Mental Health Professional access my information more efficiently.

Re-disclosure: I hereby acknowledge that once a Licensed Mental Health Professional gives my information to Pettable, Pettable may re-disclose it.  If my information is disclosed to or received by Pettable or other individual or entity that is not subject to state or federal privacy laws, my information may no longer be protected.

Revoking permission: I may revoke this authorization at any time, except to the extent that action has been taken in reliance on this authorization or other law allows Pettable to contest a claim under the policy or to contest the policy itself.  I can revoke this authorization by sending a written request to the Licensed Mental Health Professional as set forth in the professional notice of privacy practices as to the Licensed Mental Health Professional and by sending a written request to Pettable as to Pettable.  I understand that my revocation will not affect any disclosures made before the date I withdrew my permission.

Effect of refusal to sign: I understand that the signing of this authorization is voluntary.  Pettable will not condition treatment, payment, enrollment or eligibility for benefits on my signing this authorization.

Expiration and other provisions: This authorization will be valid when revoked by the patient in writing, or as provided by law, whichever occurs first.. A copy of this authorization will be as valid as the original. I understand that I am entitled to receive a copy of this authorization.

I understand that Pettable will provide administrative services to facilitate connecting me with a licensed mental health professional (“the LMHP”) via our online platform to provide behavioral healthcare, including assessment, diagnosis, therapy, follow-up and/or education teletherapy includes consultation, treatment, transfer of  personal and health information, emails, telephone conversations and education using interactive audio,  video and data communications (“Telehealth”). Telehealth involves the use of electronic communications.  I hereby consent to engage in Telehealth services with my LMHP.  I understand that my LMHP is an independent contractor and is not employed by Pettable.  My LMHP may require me to execute an additional informed consent prior to engaging in Telehealth.

I understand that the expected benefits of Telehealth are improved access to behavioral health care enabling me to  remain at a remote site while the LMHP is at a distant site, more efficient evaluation and management and obtaining the expertise of a distant LMHP who is licensed in the state where I reside. 

I understand that I have a right to confidentiality with Telehealth under the same laws that protect the confidentiality of my personal and health information for in-person behavioral health services. Any information disclosed by me during the course of my remote Telehealth, therefore, is generally confidential to the extent provided by law. 

As with any medical care, there are potential risks associated with the use of Telehealth. These risks  include, but may not be limited to: (a) in rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate professional decision making by the LMHP; (b) delays in evaluation and treatment could occur due to deficiencies or failures of the equipment; and (c) the possibility of disruption, distortion or unauthorized access during transmission of personal information due to internet/electronic/technical failures beyond the control of Pettable and my LMHP. 

By signing this form, I understand the following: 

1. I understand that Telehealth is the use of electronic communication technologies by a health and/or therapeutic provider to deliver services to an individual when he/she is located at a different site than the provider; and hereby consent to the LMHP to provide mental and social services to me via Telehealth. 
2. I understand that I may be required to have certain system requirements to access electronic Telehealth services via the method chosen. I understand that I am solely responsible for any cost to obtain  any additional/necessary system requirements, accessories, or software to use tele-behavioral health  services. 
3. I understand that I have the right to withhold or withdraw my consent to the use of Telehealth by  the LMHP at any time, without affecting my right to future care or treatment. 
4. I understand that a variety of alternative methods of health care may be available to me, and that I  may choose one or more of these at any time. 
5. I represent and warrant that all required information I provided to Pettable and the LMHP is truthful and accurate, and that I will maintain the accuracy of such information.
6. I understand that there are, by law, exceptions to confidentiality by a LMHP including, but not limited to, reporting child, elder and dependent adult abuse; expressed threats of violence toward an ascertainable victim; my own mental or emotional state informing a clear danger to myself or others; where I make my mental or emotional state an issue in a legal proceeding; where otherwise required by law.
7. I understand that I am solely responsible for the privacy and confidentiality in my surrounding environment while engaged in telehealth and will exercise appropriate privacy measures. 
8. I agree that if it becomes clear to the LMHP, in his or her sole professional opinion, that the  Telehealth modality is unable to provide all pertinent clinical information during the Telehealth encounter,  the LMHP will advise me prior to the conclusion of the live Telehealth encounter and will advise me  regarding the need for me to obtain an additional in-person evaluation reasonably able to meet my needs  and may make a referral to a LMHP in my area.
9. I understand that I have a duty to inform my LMHP of electronic interactions regarding my care  that I may have with other healthcare providers. 
10. I understand that Telehealth services may not be as complete as face-to-face services. 
11. I understand that there are potential risks and benefits associated with any form of treatment, and  despite my efforts and the efforts of my LMHP, my condition may not improve, and in some cases may  even get worse. 
12. I have been given an opportunity to select a LMHP prior to the consult, including a review of the consulting provider’s credentials.
13. I understand there is a risk of technical failures during the Telehealth encounter beyond the control of Pettable or my LMHP. I agree to hold harmless Pettable and my LHMP for delays in evaluation or for information lost due to such technical failures.
14. I understand that if I am experiencing a medical emergency or a crisis, that should dial 9-1-1 or contact the National Suicide Hotline 800-273-TALK (800-273-8255), as appropriate, immediately and that Pettable is not able to connect me directly to any local emergency services or crisis hotline.
15. I understand that Pettable does not guarantee that your LMHP will issue an Emotional Support Animal letter or that a landlord, airline , or other third party will accept your ESA Letter.  
16. I understand that my healthcare information may be shared with other individuals for scheduling and billing purposes.

I have read and understand the information provided above regarding teletherapy and all of my questions  have been answered to my satisfaction. By clicking the “I AGREE” button and typing my name at the  bottom of this page, I am authorizing the LMHP to whom Pettable facilitates a connection to assess my mental health via Telehealth and  confirming my agreement and understanding of the statements above. I hereby give my informed consent  and authorization for my LHMP to use Telehealth in my healthcare. 

I agree that a copy of this form may be treated as a signed original.

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