Company: DVMiQ (“Company,” “we,” “us,” or “our”)
Participant: The individual or entity accepting these terms (“Participant,” “you,” or “your”)
By accessing or using any pre-release or experimental features, models, or environments identified as “beta,” “preview,” “early access,” or any page hosted by www.dvm-iq.com or www.student.dvm-iq.com (collectively, the “Beta Services”), you agree to this Beta Participation Agreement (“Agreement”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree, do not access the Beta Services.
This Agreement supplements and incorporates by reference our Terms of Use and Privacy Policy (together, the “Core Terms”). If there is a conflict, this Agreement controls for the Beta Services.
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1) Purpose; Availability; Changes
1.1 Purpose. The Beta Services are made available for testing, evaluation, and feedback. They may be incomplete, less reliable, and not fully documented.
1.2 Availability. We may limit, throttle, suspend, or discontinue the Beta Services at any time without notice.
1.3 Changes. We may update models, prompts, APIs, interfaces, pricing experiments, or usage limits at any time. Features may never be released generally.
2) Eligibility & Accounts
2.1 Eligibility. You must (a) be able to form a binding contract; and (b) maintain an active account in good standing.
2.2 Credentials. You are responsible for the confidentiality and use of your credentials, devices, and network. Promptly notify us of any suspected compromise.
3) Test-Only; Non-Production Use
3.1 Non-Production. Unless expressly authorized in writing, the Beta Services are for evaluation only and not for production use, emergency care, or time-critical decisions.
3.2 Clinical Use Caution. Outputs may be inaccurate or incomplete; they are not a substitute for licensed professional judgment. You remain responsible for verifying results and decisions.
3.3 Veterinary Context. If you use the Beta Services in a veterinary setting, you are responsible for compliance with applicable veterinary practice rules, consent, and record-keeping.
4) Data; Privacy; Security
4.1 Privacy. Our collection and use of personal information is described in our Privacy Policy. By using the Beta Services, you consent to those practices.
4.2 Test Data & Minimization. Use de-identified or test data whenever feasible. Do not upload sensitive or regulated data unless our Privacy Policy and your settings expressly permit it.
4.3 Medical/PHI. The Beta Services are not intended to process human Protected Health Information and we do not act as your business associate unless we have executed a separate Business Associate Agreement (BAA).
4.4 Security. We implement reasonable technical and organizational safeguards; however, you understand that beta systems may have heightened instability and risk.
5) Usage Rules
5.1 Restrictions. You will not: (a) reverse engineer or probe the Beta Services; (b) bypass technical controls; (c) use to develop competing models or datasets; (d) submit infringing, unlawful, or harmful content; (e) misrepresent AI-generated content as human-only authored where disclosure is required by law or policy; (f) remove notices or attributions.
5.2 High-Risk Uses. Do not use for life-support, emergency triage, or other safety-critical applications.
5.3 Rate Limits. You will comply with any published or communicated usage caps, quotas, or throttling.
6) Feedback
6.1 Voluntary Feedback. You may provide ideas, bug reports, or suggestions (“Feedback”).
6.2 License to Feedback. You grant Company a perpetual, irrevocable, worldwide, royalty-free license to use Feedback for any lawful purpose without restriction or attribution, including to improve products and services.
7) Content; Outputs; IP
7.1 Your Content. You retain rights to content you submit (“Input”), subject to the licenses in the Core Terms and this Agreement.
7.2 Outputs. Subject to third-party rights and applicable law, Company grants you a license to use model outputs generated from your Input for your internal evaluation and permitted clinical workflows. You are responsible for verifying accuracy and rights clearance.
7.3 Company IP. All rights, title, and interest in and to the Beta Services, models, documentation, and related IP remain with Company and its licensors.
8) Pricing; Credits; Trial
8.1 Beta Pricing. During beta, we may use usage-based billing and/or limited promotional credits. Pricing and credits may change at any time.
8.2 Charges. You agree to pay fees shown in your account or communicated to you. We may suspend access for non-payment.
9) Publicity; Case Studies
With your written consent, we may reference you as a beta participant and describe your high-level use case (no confidential details) in marketing or product materials.
10) Confidentiality
10.1 Definition. “Confidential Information” means non-public information disclosed by either party that is designated confidential or that should reasonably be understood to be confidential.
10.2 Obligations. Each party will protect the other’s Confidential Information using at least reasonable care and will use it solely to exercise rights and perform obligations under this Agreement.
10.3 Exclusions. Information that is (a) public through no fault of the recipient; (b) already known; (c) independently developed; or (d) lawfully obtained from a third party, is not Confidential Information.
10.4 Compelled Disclosure. A party may disclose Confidential Information to the extent required by law, with prompt notice to the other party (if legally permitted).
11) Disclaimers
THE BETA SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE BETA SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR PRODUCE ACCURATE OR RELIABLE OUTPUTS.
12) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR (A) YOUR PAYMENT OBLIGATIONS; (B) YOUR BREACH OF SECTION 5 (USAGE RULES), SECTION 10 (CONFIDENTIALITY), OR IP INFRINGEMENT; OR (C) YOUR INDEMNIFICATION OBLIGATIONS, EACH PARTY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (I) AMOUNTS PAID BY YOU FOR THE BETA SERVICES IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (II) USD $100.
13) Indemnification
You will defend, indemnify, and hold harmless Company and its officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Inputs or your use of Outputs; (b) your violation of this Agreement or the Core Terms; or (c) your violation of law or third-party rights.
14) Term; Termination; Suspension
14.1 Term. This Agreement starts on the Effective Date and continues until terminated.
14.2 Termination for Convenience. Either party may terminate at any time upon notice.
14.3 Suspension. We may suspend access immediately for suspected misuse, security risk, non-payment, or to address support or technical needs.
14.4 Effect. Upon termination, your rights to access the Beta Services cease. Sections 4–7, 10–16 survive termination.
15) Dispute Resolution; Governing Law; Venue
15.1 Governing Law. These terms are governed by the laws of the State of Texas, without regard to conflicts principles.
15.2 Arbitration. Except for small-claims matters or injunctive relief, any dispute arising from or relating to this Agreement will be finally resolved by binding arbitration in Potter County, Texas under the Federal Arbitration Act and the then-current JAMS rules by one arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
15.3 Courts. Where arbitration is not required, the exclusive jurisdiction and venue will be the state and federal courts located in Potter County, Texas. Each party waives objections to jurisdiction and venue in such courts.
15.4 Injunctive Relief. Either party may seek injunctive or other equitable relief to protect Confidential Information or intellectual property.
16) Export; Sanctions
You will comply with all applicable export control and sanctions laws. You will not export, re-export, or provide access to the Beta Services to any prohibited destination or party.
17) Miscellaneous
17.1 Entire Agreement. This Agreement and the Core Terms are the entire agreement regarding the Beta Services.
17.2 Order of Precedence. If there is a conflict between this Agreement and the Core Terms, this Agreement controls for Beta Services.
17.3 Updates. We may modify this Agreement by posting an updated version; material changes will be effective upon posting or as stated. Continued use constitutes acceptance.
17.4 Assignment. You may not assign this Agreement without our prior written consent. We may assign to an affiliate or in connection with corporate restructuring.
17.5 Notices. Legal notices to Company must be sent to: support@dvm-iq.com. We may notify you via your account email or the Service.
17.6 Severability; Waiver. If any provision is unenforceable, it will be modified to the minimum extent necessary; the remainder stays in effect. Failure to enforce is not a waiver.
17.7 Independent Contractors. The parties are independent contractors, not partners or agents.