1. Acceptance of Terms

By accessing or using The Pink Stethoscope Application ("the App"), you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use the App.

2. Description of Service

The Pink Stethoscope is a veterinary anaesthesia decision-support tool designed for licensed veterinary professionals. The App provides risk assessments, ASA classifications, complication identification, drug and fluid calculators, clinical checklists, and anaesthetic and recovery record-keeping. The App does not generate or prescribe Anaesthetic Protocols.

For the purposes of this App, an “Anaesthetic Protocol” refers to the specific prescription of anaesthetic or sedative medication — namely, the selection of drugs, doses, routes and sequence to be administered to a patient.

4. Clinical Content & Methodology

The App's clinical outputs, including risk assessments, ASA classifications, and identified complications, are derived from a proprietary clinical methodology owned by The Pink Stethoscope and comprising its methodology and know-how, developed and reviewed by qualified veterinary professionals. As with any decision-support tool, outputs must be independently reviewed and verified by a licensed veterinarian, exercising their own professional judgement, against current veterinary formularies, drug references, and clinical guidelines before any clinical decision is made. You must not rely on any App output as the sole basis for a clinical decision.

5. User Accounts

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately of any unauthorised use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.

6. Intellectual Property

All content within the App, including but not limited to clinical frameworks, risk assessment methodology, educational materials, and decision-support logic, is the proprietary intellectual property of The Pink Stethoscope. You may not copy, reproduce, distribute, modify, adapt, reverse-engineer, or commercialise any part of the App or its underlying clinical methodology, or otherwise use its outputs, for purposes outside authorised use without prior written permission.

7. Acceptable Use

You warrant that you are a licensed veterinary professional, or are acting under the direct supervision of one, and that you are qualified to interpret and apply the App's outputs. You agree not to:

• Share, screenshot, record, or reproduce any part of the App without permission.
• Share your login credentials or permit unauthorised users to access the App.
• Use the App's outputs or clinical content for competitive analysis, benchmarking, model training, or development of a competing product.
• Attempt to reverse-engineer, decompile, disassemble, scrape, extract, or otherwise derive the structure, methodology, source code, workflows, or decision logic of any part of the App.
• Use the App in any manner that could damage, disable, impair, compromise, or interfere with the security, integrity, availability, or normal operation of the App.
• Use the App as a substitute for professional veterinary judgement or contrary to applicable clinical, professional, or regulatory obligations.
• Misrepresent your qualifications, identity, or authority to use the App.

8. Data Usage

Assessment data may be used in aggregate (anonymised) form to improve clinical models and outputs. Individual patient data entered into the App remains accessible only to the user who created it (and, for Clinic Elite plans, members of the same clinic) and is not shared with third parties. (See also Privacy Policy below.)

9. Subscriptions & Payments

Paid subscriptions are billed in advance on a monthly or annual basis for Premium or Clinic Elite plans, and may renew automatically unless cancelled before the next billing date. Subscription fees are exclusive of any applicable taxes unless stated otherwise. You may cancel your subscription at any time through your account settings or by contacting us; access continues until the end of the current billing period.

Except where required by applicable consumer protection laws, fees are non-refundable and we do not provide pro-rata refunds for unused portions of a billing period. If payment fails or cannot be processed, we may suspend or limit access until payment is received. We may change pricing, plan features, or billing terms with reasonable notice, and any changes will apply from the next billing period unless stated otherwise.

We do not collect or store payment card details. Payments are processed by our payment provider; card information is provided directly to that provider and handled under its PCI-DSS-compliant systems. We retain only a payment reference and subscription status. If payment details are collected for a trial, the trial may convert to a paid subscription unless cancelled before the trial ends.

Free Trial: New users may receive a time-limited and usage-limited free trial. At the end of the trial, access to features ends unless you subscribe to a paid plan; historical case records remain viewable in a read-only capacity, subject to these Terms and our data retention practices.

10. Limitation of Liability

The App is provided on an "as-is" and "as-available" basis. To the maximum extent permitted by law:

• The Pink Stethoscope makes no warranties, representations, or guarantees of any kind, whether express, implied, statutory, or otherwise, including as to the accuracy, completeness, reliability, availability, security, fitness for a particular purpose, merchantability, non-infringement, or suitability of the App or its outputs for any clinical or commercial purpose.
• The Pink Stethoscope, its founders, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, loss or damage, or for any loss of profits, revenue, goodwill, data, clinical records, business opportunity, or business interruption, whether arising in contract, tort including negligence, statute, equity, or otherwise, and whether or not we were advised of the possibility of such loss.
• Our total aggregate liability arising out of or in connection with these Terms, or your use of the App, shall not exceed the total fees you paid to us in the six (6) months preceding the event giving rise to the claim (pro-rated to six months where fees were paid annually).

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that cannot lawfully be excluded under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or other applicable law. If you use the App for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply to the maximum extent permitted by law. This clause operates in addition to, and without limiting, the indemnity given by you under clause 11 (Responsibility and Indemnity).

12. Data Integrity & Records

The App assists in producing clinical documentation (including printable records and reports) but is not itself a system of record, permanent archive, or substitute for your clinic's veterinary patient management system. Any document, record, report, assessment, calculation, or output generated by the App should be treated as draft unless and until reviewed, verified, completed, and saved by an appropriately qualified veterinary professional.

You are responsible for reviewing each generated document for completeness, accuracy, and clinical appropriateness before filing or relying on it, and for maintaining your own clinical and patient records in accordance with your professional and regulatory obligations. While we take reasonable steps to preserve data entered into the App, to the maximum extent permitted by law we shall not be liable for any loss, corruption, deletion, incompleteness, or inaccessibility of data or documents, including loss arising from interruption of a case, session, network connection, or device. Consistent with clause 8 above, data may be retained, deleted, anonymised, or otherwise handled in accordance with these Terms, our Privacy Policy, and applicable law.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification. Continued use of the App after changes constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the New Zealand courts.

15. Contact

For questions about these Terms, contact us at support@thepinkstethoscope.app.