Terms of Use

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and CaptiVet, LLC (“CaptiVet,” “we,” “us,” or “our”), governing your access to and use of the CaptiVet mobile application, web platform, and all related services (collectively, the “Service”).

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

Key Definitions

• “AI System” — The combination of Deepgram speech-to-text transcription and Google Gemini large language model technology used by the Service to generate clinical documentation.
• “Account Owner” — The veterinary professional or practice entity that subscribes to the Service.
• “Authorized User” — Any individual granted access to the Service under an Account Owner’s subscription.
• “Recording” — Any audio captured through the Service during veterinary appointments.
• “Transcription” — Text output generated from a Recording by the Deepgram speech-to-text engine.
• “SOAP Note” — AI-generated clinical documentation (Subjective, Objective, Assessment, Plan) produced by Google Gemini from a Transcription.
• “User Data” — All data provided by or generated for Users through the Service, including Recordings, Transcriptions, SOAP Notes, and account information.
• “BYOK” (Bring Your Own Key) — An optional configuration in which Users provide their own API credentials for Deepgram and/or Google Gemini, causing clinical data to flow directly from the User’s device to third-party APIs without transiting CaptiVet servers.

CaptiVet provides an AI-powered veterinary documentation platform that enables licensed veterinary professionals to:

• Record audio during clinical appointments via a mobile device;
• Receive AI-generated Transcriptions of recorded audio;
• Receive AI-generated SOAP Notes from Transcriptions;
• Review, edit, and export clinical documentation; and
• Transfer documentation to practice management information systems (PIMS).

Subject to your compliance with these Terms, CaptiVet grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for lawful veterinary clinical documentation purposes. This license does not include the right to sublicense, resell, or distribute the Service.

CaptiVet will use commercially reasonable efforts to maintain Service availability but does not guarantee uninterrupted access. Scheduled maintenance windows will be communicated in advance when practicable.

Recording Consent

You are solely responsible for obtaining all necessary consent before recording any conversation using the Service. Recording consent laws vary by jurisdiction — some states require one-party consent while others require all-party consent. CaptiVet does not provide legal advice regarding recording consent requirements. You must determine and comply with all applicable federal, state, and local recording laws before using the Service’s recording functionality.

Professional Licensure

The Service is intended for use by licensed veterinarians (DVMs/VMDs) and their authorized staff. Account Owners represent and warrant that they hold a valid veterinary license in their jurisdiction of practice, or are authorized by a licensed veterinarian to use the Service.

Clinical Review Obligation

All AI-generated SOAP Notes are preliminary drafts and must be reviewed, verified, and approved by a licensed veterinarian before being entered into any patient medical record or used for any clinical purpose. You bear sole responsibility for the accuracy, completeness, and clinical appropriateness of any documentation derived from the Service.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify CaptiVet immediately at legal@captivet.com upon becoming aware of any unauthorized access to your account.

Legal Compliance

You agree to comply with all applicable laws and regulations, including but not limited to HIPAA (where applicable), state veterinary practice acts, and local recording statutes.

IMPORTANT: The Service uses artificial intelligence technology to generate clinical documentation. By using the Service, you acknowledge and agree to the following:

• Transcriptions are generated by Deepgram, a third-party speech-to-text AI engine. Transcriptions may contain errors, particularly with medical terminology, accents, or ambient noise.
• SOAP Notes are generated by Google Gemini, a large language model. AI output is probabilistic in nature and may contain errors, omissions, inaccuracies, or hallucinated content.
• The Service does not provide veterinary medical advice, diagnosis, or treatment recommendations.
• AI-generated content does not replace clinical judgment. The licensed veterinarian of record remains solely responsible for all clinical decisions.
• AI-generated content may be detectable as artificially generated by third-party detection tools.

CaptiVet offers a Bring Your Own Key (BYOK) option that allows Users to supply their own API credentials for Deepgram (transcription) and Google Gemini (SOAP note generation).

When using BYOK:

• Audio data flows directly from your device to Deepgram’s servers — it does not transit CaptiVet infrastructure.
• Transcription data flows directly to Google Gemini for SOAP note generation — it does not transit CaptiVet infrastructure.
• CaptiVet stores only an encrypted reference to your API keys (AES-256 encryption at rest) and never has access to the plaintext keys in transit.
• You are solely responsible for compliance with Deepgram’s and Google’s respective terms of service when using BYOK.
• You are responsible for all costs incurred directly with Deepgram and Google for API usage under your own keys.
• CaptiVet is not liable for third-party API pricing changes, rate limits, service interruptions, or data handling practices when you use BYOK.

The Service is offered on a subscription basis with monthly or annual billing cycles. By subscribing, you authorize CaptiVet to charge your designated payment method on a recurring basis until you cancel.

• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
• Price Changes: CaptiVet will provide at least thirty (30) days’ written notice before any subscription price increase takes effect.
• Refunds: Refund eligibility is governed by our Refund Policy.
• BYOK Costs: If you use the BYOK option, you may incur separate charges directly from Deepgram and/or Google. CaptiVet has no control over and is not responsible for third-party API pricing.
• Non-Payment: CaptiVet reserves the right to suspend or terminate your access for non-payment after reasonable notice.

CaptiVet’s Intellectual Property

The Service, including all software, user interface design, documentation, trademarks, and proprietary technology, is owned by CaptiVet, LLC and protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in CaptiVet’s intellectual property except the limited license described in Section 2.

Your Data Rights

You retain full ownership of all User Data, including your Recordings, Transcriptions, and SOAP Notes. CaptiVet claims no ownership interest in your clinical content.

Limited Processing License

You grant CaptiVet a limited, non-exclusive license to process your User Data solely for the purpose of providing the Service to you. This license terminates when your account is closed and your data is deleted.

No AI Training on Your Data

CaptiVet does not use your Recordings, Transcriptions, SOAP Notes, or any clinical content to train, fine-tune, or improve AI models. Your clinical data is processed only to deliver the Service to you. We do not harvest, aggregate, sell, or commercially exploit your clinical data in any way.

Your privacy is fundamental to CaptiVet’s mission. Our data practices are governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key commitments:

• Zero Tracking: No usage analytics, behavioral tracking, advertising pixels, or third-party tracking scripts.
• Encryption: AES-256 encryption at rest; TLS 1.3 encryption in transit.
• Clipboard Security: Copied SOAP notes are automatically cleared from the clipboard after 30 seconds.
• No Data Sales: We never sell, rent, or share your personal information for advertising or marketing purposes.

HIPAA

CaptiVet maintains HIPAA-aligned data handling practices. For covered entities requiring a Business Associate Agreement (BAA), CaptiVet will execute a BAA upon request. Contact legal@captivet.com to request a BAA.

• Active Accounts: Recordings are retained according to your configured retention preferences. Transcriptions and SOAP Notes are retained until you delete them or close your account.
• Audio Storage: Audio files are stored on Cloudflare R2 with AES-256 encryption at rest.
• Account Deletion: Upon account termination, all User Data will be permanently and irreversibly deleted within thirty (30) days. You must export any data you wish to retain before account closure.
• BYOK Data: Data processed via your own API keys through Deepgram and Google Gemini is subject to those providers’ respective retention and deletion policies.
• Right to Export: You may export your data at any time through the Service’s export functionality.
• Billing Records: Minimal billing records may be retained as required by applicable tax law.

You agree not to:

• Use the Service for any purpose other than legitimate veterinary clinical documentation;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
• Attempt to access another User’s account or data without authorization;
• Share account credentials with unauthorized individuals;
• Use automated means (bots, scrapers, crawlers) to access the Service;
• Upload, transmit, or distribute malicious code, viruses, or other harmful content;
• Use the Service to generate content that is defamatory, fraudulent, or unlawful;
• Resell, sublicense, or redistribute access to the Service without prior written authorization from CaptiVet; or
• Interfere with or disrupt the integrity or performance of the Service.

The Service relies on and may integrate with the following third-party services:

• Deepgram — Speech-to-text transcription
• Google Gemini — AI SOAP note generation
• Supabase — Authentication and user management
• Cloudflare R2 — Encrypted audio file storage
• Practice Management Systems (PIMS) — Clinical documentation transfer (where supported)

CaptiVet is not responsible for the availability, accuracy, terms, pricing, or data handling practices of any third-party service. Your use of third-party integrations is subject to those providers’ respective terms of service and privacy policies. CaptiVet disclaims all liability for any loss or damage arising from third-party service interruptions or changes.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

CAPTIVET DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR CLINICALLY APPROPRIATE; (C) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTIVET’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO CAPTIVET IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL CAPTIVET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF CAPTIVET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, the above limitations shall apply to the fullest extent permitted by applicable law.

You agree to indemnify, defend, and hold harmless CaptiVet, LLC 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 use or misuse of the Service;
• Your failure to comply with applicable recording consent laws;
• Your reliance on AI-generated content without appropriate clinical review by a licensed veterinarian;
• Your violation of these Terms;
• Your violation of any applicable law or regulation; or
• Any third-party claim arising from your use of the Service.

Informal Resolution

Before initiating any formal dispute resolution, you agree to contact CaptiVet at legal@captivet.com and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration

If the dispute cannot be resolved informally, you and CaptiVet agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in the State of Texas.

Class Action Waiver

YOU AND CAPTIVET AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding.

Opt-Out Right

You may opt out of this arbitration provision by sending written notice to legal@captivet.com within thirty (30) days of first accepting these Terms. Your opt-out notice must include your full name, email address associated with your CaptiVet account, and a clear statement that you wish to opt out of arbitration.

Small Claims Exception

Either party may bring an individual action in small claims court for disputes within that court’s jurisdictional limits.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

• By You: You may terminate your account at any time by cancelling your subscription through the Service or by contacting legal@captivet.com.
• By CaptiVet: CaptiVet may terminate or suspend your access for violation of these Terms upon reasonable notice, except that CaptiVet may suspend access immediately and without notice if required to address security threats, legal requirements, or activities that may harm other Users.
• Effect of Termination: Upon termination, your license to use the Service immediately ceases. Data retention and deletion will proceed as described in Section 9.
• Surviving Provisions: Sections 7 (Intellectual Property), 8 (Privacy), 12 (Liability Limitations), 13 (Indemnification), 14 (Arbitration), and 17 (General Provisions) shall survive termination.

CaptiVet reserves the right to modify these Terms at any time. We will provide at least thirty (30) days’ advance notice of material changes via the email address associated with your account.

Material changes — including modifications to pricing, arbitration provisions, or data rights — will require your affirmative consent before taking effect. Your continued use of the Service after the effective date of non-material changes constitutes acceptance of the updated Terms.

If you do not agree to modified Terms, you must discontinue use of the Service before the effective date.

• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Entire Agreement: These Terms, together with the Privacy Policy, Refund Policy, and any applicable order form or BAA, constitute the entire agreement between you and CaptiVet.
• Waiver: CaptiVet’s failure to enforce any provision shall not constitute a waiver of that provision or any other provision.
• Assignment: You may not assign your rights or obligations under these Terms without CaptiVet’s prior written consent. CaptiVet may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
• Force Majeure: CaptiVet shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, pandemics, government actions, or infrastructure failures.
• Notices: Notices to CaptiVet must be sent to legal@captivet.com. Notices to you will be sent to the email address associated with your account.

If you have questions about these Terms, please contact us at legal@captivet.com.