TailDose is provided "as is", without warranties of any kind, to the maximum extent permitted by law. We are not liable for missed doses, data loss, or any indirect, incidental, or consequential damages arising from your use of the app. Our total liability for any claim is limited to the greater of the amount you paid for TailDose in the twelve months before the claim or one hundred U.S. dollars ($100).
08Dispute Resolution, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A CLAIM IN COURT AND TO HAVE A JURY DECIDE IT.
8.1 Talk to us first
Before starting an arbitration or any other proceeding, you and Verntro Labs agree to try to resolve the dispute informally for at least sixty (60) days. Send a written notice describing the claim and the relief you want to verntrolabs.com/support or support@verntrolabs.com. Most problems can be sorted out this way, and both sides are better off for trying. Any applicable limitations period is paused while this process runs.
8.2 Agreement to arbitrate
If informal resolution does not settle the matter, you and Verntro Labs agree that any dispute arising out of or relating to these Terms or TailDose will be resolved by binding individual arbitration rather than in court. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified by this section. The Federal Arbitration Act governs the interpretation and enforcement of this section. An award may be entered in any court with jurisdiction. Arbitration uses a neutral arbitrator instead of a judge or jury, allows more limited discovery, and is subject to very limited review.
8.3 What this does not cover
This agreement to arbitrate does not apply to: (a) any claim that may be brought in small claims court, so long as it remains there and proceeds individually; (b) either party's request for injunctive or other equitable relief concerning intellectual property or unauthorized use of TailDose; or (c) any dispute that applicable law does not permit to be arbitrated.
8.4 You can opt out
You may reject this arbitration agreement within thirty (30) days of first accepting these Terms. Email support@verntrolabs.com with your name and a statement that you decline arbitration. That is all it takes. Opting out affects nothing else in these Terms, does not affect your use of TailDose, and we will not treat it as a reason to refuse you service. If you opt out, disputes are resolved in the courts identified in 8.8.
8.5 Class action waiver
YOU AND VERNTRO LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person, may not preside over any form of class or representative proceeding, and may award relief only in favor of the individual party seeking it, and only to the extent necessary to provide relief warranted by that party's own claim.
8.6 If the class action waiver is unenforceable
If the waiver in 8.5 is found unenforceable as to a particular claim or request for relief, then that claim or request will be severed from the arbitration and brought in the courts identified in 8.8, and any remaining claims will proceed in arbitration. The parties do not agree to class arbitration, and nothing in this section may be read as consent to it.
8.7 Coordinated filings
If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against Verntro Labs by or with the assistance of the same law firm or coordinated group within a ninety (90) day period, the parties agree those demands will be administered in sequential batches of no more than fifty (50), with one arbitrator appointed per batch. Limitations periods are paused for any demand awaiting its batch. This keeps the process workable and the costs proportionate for both sides.
8.8 Governing law and courts
These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-laws principles. For any dispute that is not subject to arbitration under this section, the exclusive venue is the state and federal courts located in Denton County, Texas, and both parties consent to the personal jurisdiction of those courts.
8.9 Jury trial waiver
To the extent any dispute proceeds in court rather than arbitration, you and Verntro Labs each waive any right to a trial by jury, to the maximum extent permitted by applicable law.
8.10 If you are outside the United States
If you are a consumer resident in the European Economic Area, the United Kingdom, or any other jurisdiction whose law makes any part of this section unenforceable against consumers, that part does not apply to you. Nothing in this section deprives you of the protection of mandatory consumer-protection provisions of the law where you live, or of any right you have to bring proceedings in your local courts.
8.11 Survival
This section survives termination of these Terms and any deletion of TailDose.
09Changes
We may update the app and these terms. If we make material changes, we will post the new version here and update the effective date, and where practical we will also notify you in the app. Changes to Section 8 (Dispute Resolution) do not apply to any dispute that arose before the change took effect. Continuing to use TailDose after changes take effect means you accept the updated terms.
10General
These terms and the Privacy Policy are the entire agreement between you and Verntro Labs about TailDose. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these terms; we may assign them to a successor of our business. Apple is not a party to these terms and is not responsible for TailDose or its content, but Apple and its subsidiaries are third-party beneficiaries of the license terms in Apple’s standard EULA and may enforce them against you.
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