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Welcome to Otto! These Client Terms and Conditions (“Client Terms” or “Terms”) govern your use, as a pet owner or other consumer (“Client,” “you”), of our website (www.otto.vet), software applications, and mobile apps (collectively, the “Services”), operated by Otto (“we,” “us,” or “our”). These Terms govern only the relationship between you and Otto. Your relationship with any veterinary clinic (“Clinic”) — including any veterinary services, care plans, appointments, or payments owed to the Clinic — is governed by your separate agreement(s) with that Clinic, and your Clinic may require you to accept its own terms. Clinics’ access to and use of the Services is governed by the separate Otto Terms and Conditions for Veterinary Clinics available on Otto’s website (the “Clinic Terms”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

1. Acceptance of Terms

TeleVet, Inc., d/b/a Otto (“Otto”), provides access to and use of its website, mobile applications, and related services (collectively, the “Services”) subject to these Terms and the Privacy Policy. Otto may update these Terms at any time. The latest versions will be available on Otto’s website or within the Services.

IMPORTANT: MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE REVIEW THE TERMS CAREFULLY. IT IMPOSES MANDATORY INDIVIDUAL ARBITRATION AND A WAIVER OF CLASS ACTIONS AS SET FORTH IN SECTION 2 (THE “ARBITRATION AGREEMENT”), WHICH MEANS THAT, SUBJECT TO CERTAIN LIMITED EXCEPTIONS: (i) ANY CLAIM, DISPUTE OR CONTROVERSY ARISING FROM OR RELATING TO THE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING ANY RELATING TO THE FORMATION, BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, VALIDITY, SCOPE, OR APPLICABILITY OF THE TERMS OR THE ARBITRATION AGREEMENT (EACH, A “CLAIM”), MUST BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS; AND (ii) YOU GIVE UP THE RIGHT TO TRIAL BY JURY AND PARTICIPATION AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND WITH RESPECT TO ANY CLAIM. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED IN SECTION 2(d), YOU WILL BE BOUND BY THE ARBITRATION AGREEMENT. BY AGREEING TO THE TERMS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

BY CLICKING A BUTTON OR CHECKING A BOX MARKED “I AGREE,” “SIGN UP,” “JOIN” OR SOMETHING SIMILAR INDICATING THAT YOU AGREE TO BE BOUND BY THE TERMS, REGISTERING FOR AN ACCOUNT WITHIN THE SERVICES, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU ARE ENTERING INTO THE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND SUCH ENTITY TO THE TERMS, IN WHICH CASE THE TERM “YOU” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES, AND YOU MUST UNINSTALL ANY COMPONENTS OF THE SERVICES FROM ANY DEVICE WITHIN YOUR CUSTODY OR CONTROL.

You confirm that you are:

• At least 18 years old (or the age of majority in your jurisdiction), or
• At least 16 years old with parental or guardian consent.

You must not use the Services if prohibited by law.

2. Arbitration and Class Action Waiver
   • Mandatory Individual Arbitration

All disputes arising from or related to these Terms must be resolved through binding arbitration, not in court. An arbitrator, not a judge, will determine all disputes, including those related to the validity or enforceability of these Terms.

• Class Action and Jury Trial Waiver

By agreeing to these Terms, you waive your right to:

• A jury trial, and
• Participation in any class, collective, or representative action.

If any part of this waiver is ruled unenforceable, the entire Arbitration Agreement is void.

• Arbitration Process

• Notice of Claim – Before initiating arbitration, a party must send written notice outlining the dispute, relevant facts, and requested relief.
• Informal Resolution – The parties will attempt to resolve the dispute within 30 days.
• Arbitration Rules – If unresolved, arbitration will be conducted under the rules of the American Arbitration Association (AAA).
• Location – Arbitration hearings will be held in Austin, Texas, unless both parties agree otherwise.

If AAA refuses to administer arbitration, the parties will select another arbitration provider.

• Opt-Out Right

You may opt out of arbitration by sending written notice to Otto within 30 days of accepting these Terms. Opting out does not affect any other provisions.

• Survival

This Arbitration Agreement survives even after termination of your relationship with Otto.

• Dispute Resolution Outside Arbitration

You may:

• File a claim in small claims court if eligible.
• Seek injunctive relief for intellectual property disputes.

If arbitration is ruled unenforceable, disputes must be resolved in state or federal courts in Austin, Texas.

3. Additional Terms

Your use of Otto’s Services may be subject to additional terms depending on your role:

• Clinics – Veterinary clinics and their personnel access and use the Services under the separate Clinic Terms, not these Terms.
• Clients (Pet Owners) – See Appendix 1 (Client-Specific Terms), which is incorporated into and forms part of these Terms. In addition, your Clinic may require you to agree to the Clinic’s own terms; any such terms are solely between you and the Clinic, and Otto is not a party to them.

By using the Services, you agree to Otto’s Privacy Policy.

4. Account Responsibilities

Certain Services require an account. You agree to:

• Provide accurate, up-to-date information.
• Maintain account security.
• Notify Otto immediately of unauthorized access.

You are responsible for all activity on your account.

5. Communications & Text Messaging

By providing your telephone number, email address, or other contact information to Otto or to a Clinic through the Services, you consent to receive communications from Otto including communications sent by your Clinic through the Services via:

• Email, phone, or text messages, including:
• Transactional updates
• Service-related notices
• Promotional messages (opt-out available)

To stop receiving text messages, reply STOP to any text message you receive through the Services; for assistance, reply HELP. You may also revoke your consent to receive text messages by any other reasonable method, and revocations will be honored within the time required by applicable law. Opting out of one Clinic’s messages does not opt you out of messages from Otto or from another Clinic, and opting out of Otto’s messages does not opt you out of a Clinic’s messages.

Marketing and promotional messages are sent only where permitted by applicable law, and your consent to receive them is not a condition of purchasing any goods or services. Message frequency varies. Message and data rates may apply. Mobile carriers are not liable for delayed or undelivered messages.

Messages that a Clinic creates, schedules, or sends through the Services are communications from that Clinic. The Clinic (not Otto) is responsible for the content of its messages and for having any consent required to send them.

You represent that you are the current subscriber or customary user of any telephone number you provide, and you agree to notify Otto and your Clinic promptly if you change, deactivate, or transfer that number.

6. Fees, Payments & Taxes

Some Services require payment. By providing payment information, you:

• Authorize Otto to charge applicable fees.
• Acknowledge Otto may use third-party payment processors.
• Are responsible for all applicable taxes.

Otto reserves the right to suspend access to Services for non-payment.

7. License Grant & Restrictions

Otto grants you a limited, non-transferable license to use the Services. You may NOT:

• Reverse-engineer, resell, or exploit the Services.
• Use them to develop competing products.
• Share access with unauthorized users.

8. Third-Party Content & Services

Otto is not responsible for third-party content or services linked within the Services. Separate terms may apply.

9. User Conduct

You agree not to:

• Post illegal, harmful, or misleading content.
• Interfere with the Services.
• Use bots, scrapers, or automated access methods.
• Violate applicable laws.

Otto may remove content that violates these Terms.

10. Intellectual Property
    • Your Content – You retain ownership but grant Otto a non-exclusive license to use it for providing the Services.
    • Otto’s Content – Otto owns all rights to the Services and related materials.

If you provide feedback or suggestions, Otto may use them without compensation.

11. Modifications to the Services

Otto may update, suspend, or discontinue any part of the Services at its discretion without liability. This includes:

• Adding, removing, or modifying features
• Restricting access to certain functionalities
• Implementing service updates or security fixes

Otto will attempt to provide notice when making major changes but is not obligated to do so.

12. Indemnification

You agree to defend, indemnify, and hold Otto harmless from any claims, damages, or expenses (including attorneys’ fees) related to:

• Your use of the Services
• Your content and data
• Your violations of these Terms or applicable law
• Claims from third parties arising out of your conduct on the platform

Otto reserves the right to assume the exclusive defense in any case where indemnification applies. You must cooperate in such a defense.

13. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OTTO PARTIES EXPRESSLY DISCLAIM: (i) ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (ii) ANY LOSS, DAMAGE OR OTHER LIABILITY ARISING FROM OR RELATING TO EXTERNAL MATERIALS, THIRD-PARTY COMPONENTS, OR ANY OTHER PRODUCTS OR SERVICES NOT PROVIDED BY OTTO.

THE OTTO PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO AND USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.

OTTO DOES NOT OFFER AND DOES NOT PURPORT TO OFFER ANY VETERINARY, MEDICAL, LEGAL, ACCOUNTING, FINANCIAL, OR OTHER PROFESSIONAL ADVICE, INCLUDING ANY ADVICE FOR COMPLYING WITH ANY LAWS, RULES, REGULATIONS, BEST PRACTICES, OR OTHER REQUIREMENTS (COLLECTIVELY, “COMPLIANCE REQUIREMENTS”). YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHICH COMPLIANCE REQUIREMENTS ARE APPLICABLE TO YOU AND TAKING APPROPRIATE MEASURES TO COMPLY WITH SUCH REQUIREMENTS. OTTO DOES NOT REPRESENT OR WARRANT AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ACCESS TO OR USE OF THE SERVICES WILL ENSURE THAT YOU COMPLY WITH ANY COMPLIANCE REQUIREMENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND COMPLETENESS OF ALL DATA AND RESULTS THAT YOU SUBMIT TO OR OBTAIN FROM THE SERVICES BEFORE TAKING OR OMITTING ANY ACTION BASED UPON SUCH DATA OR RESULTS AND FOR ENSURING YOUR COMPLIANCE WITH COMPLIANCE REQUIREMENTS.

14. Limitation of Liability

THE OTTO PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR COST OF COVER, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE TERMS OR THE SERVICES, INCLUDING DAMAGES ARISING FROM OR RELATING TO ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF THE OTTO PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THE OTTO PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES EXCEED THE GREATER OF $50 OR THE AMOUNT PAID BY YOU TO OTTO (IF ANY) FOR ACCESS TO OR USE OF THE SERVICES DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Termination

Otto may terminate or suspend your access to the Services immediately if you:

• Violate these Terms or applicable laws
• Engage in fraudulent or abusive activity
• Fail to pay any required fees

Upon termination:

• You must stop using the Services immediately
• Otto may delete your content and data
• Certain provisions (e.g., arbitration, indemnification, liability limitations) will survive

If you wish to close your account, you can do so through the Service settings or by contacting Otto support.

16. Governing Law

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

If arbitration is deemed unenforceable, disputes must be resolved in:

• The U.S. District Court for the Western District of Texas (Austin) (if federal jurisdiction applies)
• A state court of competent jurisdiction in Austin, Texas

By agreeing to these Terms, you:

• Consent to personal jurisdiction in Texas
• Waive any objections based on venue or forum non conveniens

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does NOT apply to these Terms.

17. Legal Compliance & Government Use
    • Export Compliance: You agree to comply with U.S. export laws, including the Export Administration Regulations (EAR) and sanctions from the Office of Foreign Assets Control (OFAC).
    • S. Government Use: If you are a U.S. government entity, the Services are provided as “commercial computer software” under applicable regulations.

You represent and warrant that you are not located in a sanctioned country or on a U.S. government restricted parties list.

18. Copyright Claims

Otto respects intellectual property rights. If you believe content on the Services infringes your copyright, please submit a DMCA takedown request to Otto’s Copyright Agent at:

Otto – DMCA Agent
2400 E Cesar Chavez St
Suite 320
Austin, TX 78702
United States

dmca@otto.vet

Your request must include:

• A description of the copyrighted work
• A description of the infringing material and its location
• Your contact details
• A statement that you have a good-faith belief that the use is unauthorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your signature (electronic or physical)

Otto reserves the right to terminate repeat infringers’ accounts.

19. California Users

For consumer complaints, contact the California Department of Consumer Affairs:

• Address: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
• Phone: (800) 952-5210
• Website: https://www.dca.ca.gov/

20. Notices

All notices to Otto must be sent in writing to:

dmca@otto.vet

Otto may send you notices via:

• Email to your registered address
• Posting within the Services
• Physical mail (if applicable)

Notices are considered received upon delivery confirmation.

21. Entire Agreement & Severability

These Terms (including Appendix 1 (Client-Specific Terms) and the Privacy Policy) constitute the entire agreement between you and Otto regarding your use of the Services. These Terms do not govern, and Otto is not a party to, any agreement between you and any Clinic.

• No Waiver: Otto’s failure to enforce any right does not waive that right.
• Severability: If any part of these Terms is found unenforceable, the remainder remains in effect.
• Force Majeure: Otto is not liable for delays due to causes beyond its reasonable control (e.g., natural disasters, cyberattacks, legal changes).

Appendix 1: Client-Specific Terms

1. Only a Platform; Informed Consent

Otto is not a veterinary clinic, and it does not: (i) provide or administer any veterinary services, including any diagnosis, treatment, or advice; (ii) mediate or otherwise monitor any interactions between you and any Clinic offering or providing services to you through access to or use of the Services; or (iii) have any control over or otherwise supervise any services offered or provided by a Clinic (collectively, “Vet Services”), including the quality or efficacy of any Vet Services. All Vet Services are provided by an independent, third-party Clinic, which is not affiliated with or endorsed by Otto.

Otto provides only access to and use of the Services, which allows: (i) you and a Clinic to communicate with each other and enter into a contract for Vet Services; and (ii) you to pay the Clinic for Vet Services. Such contract is solely between you and the Clinic. Otto is not a party to any contract entered into between you and any Clinic, including any contract for Vet Services, and Otto is not the provider of any Vet Services.

You acknowledge and agree that: (i) a veterinary-client-patient-relationship (“VCPR”) exists between you, on behalf of your pet, and the Clinic; or (ii) in the absence of such VCPR, you are only seeking veterinary advice and not a diagnosis, treatment, or prescription for medication.

You may be able to send written notes to a Clinic using a messaging portal within the Services (the “Messaging Portal”). You should not rely on the Messaging Portal if you need immediate attention from a Clinic. If your pet is experiencing a medical emergency, you should contact the nearest emergency clinic unless the Clinic specifically directs you to use the Services. You acknowledge and agree that messaging with anyone through the Messaging Portal does not give rise to a VCPR and does not by itself constitute treatment, diagnosis, or medical advice.

2. Telemedicine

Telemedicine is the delivery of health care services using interactive audio and video technology where your pet and the Clinic are not at the same physical location. The telemedicine services you receive from a Clinic through your access to or use of the Services are not intended to replace a VCPR or be a permanent replacement for in-person veterinary services. As with any online health service, there are potential risks, which may include: (i) information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate healthcare decision-making by the Clinic; (ii) delays in evaluation or treatment due to failure of electronic equipment or transmission networks; (iii) lack of access to all of your pet’s health records resulting in adverse drug interactions or allergic reactions; or (iv) incomplete or inaccurate diagnoses and other judgment errors.

You acknowledge and agree that if you use telemedicine features within the Services, the Clinic may use the Services to record its interactions with you and your pet in connection with the Vet Services provided using such telemedicine features. You hereby grant Otto and the Clinic the right and permission to record, digitize, and transcribe such interactions, including your and your pet’s appearance, voice, and likeness, in any form and any medium, whether now known or later developed.

3. Care Plan

If you sign up for a pet care plan with a Clinic through the Services, you shall enter into a contract with the Clinic for the pet care plan. Although Otto may facilitate the execution of such a contract between you and the Clinic, Otto is not a party to such contract. The Clinic is solely responsible for providing the benefits specified in the pet care plan you sign up for and otherwise fulfilling the obligations of the Clinic set forth in the pet care plan.

4. Confidential Information

As used herein, “Confidential Information” means any information that a party discloses to the other party that the disclosing party (“Disclosing Party”) identifies in good faith as confidential or proprietary or, given the nature of the information or the circumstances surrounding its disclosure, the party receiving such information (“Receiving Party”) should reasonably understand to be confidential or proprietary. Receiving Party shall maintain Confidential Information in strict confidence, using the same degree of care that it uses to protect the confidentiality of its own confidential information of like nature, but in no case less than reasonable care. Receiving Party shall not use or disclose Confidential Information other than as necessary to exercise its rights or fulfill its obligations under the Terms. Receiving Party shall restrict access to and use of Confidential Information to its directors, officers, employees, contractors, agents, and legal and financial advisers who: (a) have a legitimate need to know Confidential Information; (b) are informed of the confidential nature of Confidential Information; and (c) are bound by obligations with respect to Confidential Information that are consistent with, and at least as restrictive as, those imposed by the Terms. The duties of confidentiality imposed by this Section 4 do not apply to any information to the extent that it: (i) is known or becomes known to the public in general, other than as a result of a breach of the Terms or any other confidentiality agreement; (ii) was known by or in the lawful possession of Receiving Party prior to receipt from Disclosing Party; (iii) is or has been independently developed or conceived by Receiving Party without use of or reference to Confidential Information; or (iv) is or has been provided or made known to Receiving Party by a third party without a breach of any obligation of confidentiality to Disclosing Party. Receiving Party may disclose Confidential Information as required to comply with the order of a governmental entity that has jurisdiction over Receiving Party or as otherwise required by law, provided that Receiving Party notifies Disclosing Party of such required disclosure in advance (to the extent permitted by law) to provide Disclosing Party with an opportunity to seek a protective order and takes reasonable steps to minimize the extent of any such required disclosure.

5. Fees

The fees for Vet Services and other goods and services provided by a Clinic are determined and charged by the Clinic, not Otto. A Clinic may use the Services to process payments, in which case Otto will process such payments on behalf of the Clinic.

Some Clinics may elect to impose a fee with respect to payments processed for the Clinic using the Services (including a surcharge for credit card transactions, discount for non-card transactions, convenience fee, service fee, or other similar type of fee) (collectively, “Convenience Fees”). The election to assess a Convenience Fee and the amount of any Convenience Fee assessed is determined by Clinic, not Otto.

6. Order of Precedence

In the event of any conflict between the main body of these Terms and this Appendix 1 (Client-Specific Terms), this Appendix 1 will prevail and govern.