Boop™ Mobile Application Terms and Conditions

Updated 13/12/24

Welcome to Boop, where we’re on a mission to migrate the medical and vaccination records of the nation’s precious pets from paper to digital format, to ensure they receive exactly what they need at precisely the time they need it. We’d like to explain the terms on which we do this through the Boop mobile application software (the “App”).

We’ve set out the top lines here and you can find further information on any of them in the detail beneath.

Welcome to Boop.
How Boop works, in six simple steps.
Why these Terms are important (please read them).
Need help? We’re here for you (how to get in touch).
It’s all about you (what makes you eligible to use the Boop Resources).
Your rights and obligations when using the Boop Resources.
This is a safe and secure space (things you and Boop must do to keep it that way).
We work hard to protect you from illegal content.
You grant rights and provide information to us, so we can deliver the Boop Resources to you.
We’re delighted to provide the Boop Resources to you (please use them respectfully).
We’re unable to verify Account Data or Partner Data (Boop Resources are provided ‘as is’).
Boop Partners may help us to provide the Boop Services.
What happens if we need to make changes.
Breaking up is hard to do (how you and we can end our relationship).
Our responsibility for loss or damage suffered by you.
Last, but not least (other important legal bits).

*********************************************************

1 Welcome to Boop.

1.1 We are Pet Records Ltd, trading as “Boop”. We are a company registered in England and Wales (company number 15678740) and our registered office is at 85 Great Portland Street, First Floor, London, England, W1W 7LT.

1.2 You have been directed to this page because you have chosen to access our Boop Services (defined in section 2.6 below) by downloading the App. In these Terms, the App and the data supplied through the App shall together be referred to as the “Boop Platform”.

2 How Boop works, in six simple steps.

2.1 STEP 1: Once you have accepted these Terms via the Boop Platform we will set up an account for you (your “Boop Account”). Either:

2.1.1 We will ask you to input information about yourself and your Pet(s) (defined in section 5.2.4 below) into your Boop Account, including your name, address, phone number and email address (your “User Data”) and, if you choose, the name, date of birth (if known) or approximate age, animal type, breed, Microchip Number (defined in section 2.3 below) (if present and known) and previous vaccination history of your Pet (the “Pet Data”); or

2.1.2 Your veterinary practice may, if they are a Qualifying Veterinary Practice (defined in section 5.2.5 below) and you have asked them to, set up an account on your behalf, in which case they will input your User Data and Pet Data in accordance with your instructions.

1.1 In these Terms, “User Sourced Data” means the User Data and the Pet Data (if any) that you input into your Boop Account.

2.2 STEP 2: Once you have set up your Boop Account and inputted the User Sourced Data, you will be given the option to assign a Qualifying Veterinary Practice (defined in section 5.2.5 below) to each Pet. If you assign a Qualifying Veterinary Practice to a Pet, your User Data and the Pet Data relating to that specific Pet will then be accessible by that Qualifying Veterinary Practice through the Boop Platform. If the veterinary practice you wish to assign to your Pet(s) is not a Qualifying Veterinary Practice, because it is not yet a registered user of “Boop” (see section 5.2.5 below for details) then, unless and until that veterinary practice becomes a Qualifying Veterinary Practice: (i) it will not be able to access any of your User Sourced Data; and (ii) the activities and functions summarised in paragraphs 2.3 to 2.6 below will not be available to you through the Boop Platform.

2.3 STEP 3: Your Qualifying Veterinary Practice will share, with us, information relating to you and the Pet(s) that you have assigned to them (the “Vet Sourced Data”), which may include (if present and known) the unique reference number of the microchip implanted into each Pet (the “Microchip Number”) and digitally signed vaccination details.

2.4 STEP 4: For as long as you hold a Boop Account, we will continue to share and update User Sourced Data with your Qualifying Veterinary Practice, and your Qualifying Veterinary Practice will continue to share and update Vet Sourced Data with us. Combined, the User Sourced Data and the Vet Sourced Data (as amended and updated by you and your Qualifying Veterinary Practice from time to time) shall be referred to in these Terms as the “Account Data”.

2.5 STEP 5: We may also source data relating to third party goods and services (the “Partner Products”) from the third party providers of those goods and services (the “Boop Partners”) and this data shall be referred to in these Terms as “Partner Data”.

2.6 STEP 6: Through our use of the Account Data and the Partner Data on the Boop Platform, we will enable you to (amongst other things): (i) keep and access digital vaccination records for your Pet(s); (ii) keep and access digital records of the dates on which your Pet(s) received other treatment(s); and (iii) view marketing materials (which may include special offers) from Boop Partners relating to Partner Products (together, along with any other functions available via the Boop Platform from time to time, the “Boop Services”).

3 Why these Terms are important (please read them).

3.1 Under the terms and conditions set out on this page (the “Terms”) we license you to use the Boop Platform and the Boop Services provided through it.

3.2 It is important that you read these Terms before you start using the Boop Platform and the Boop Services, because they explain, amongst other things: what you can expect from them; how we provide them; how we may change the contract between us; how either of us may end the contract between us; and what you can do if you experience a problem when using the Boop Platform and the Boop Services.

3.3 These Terms also set out the basis on which you may use: updates or supplements to the Boop Platform; any physical or online/electronic documentation relating to the Boop Platform or any updates or supplements thereof (the “Documentation”); the Boop website at https://booppet.app (the “Site”); the social media channels, newsletter communications and any other channels through which we promote the Boop Services (the “Communication Channels”); and the materials, functions, and digital content provided through the Boop Platform, the Site and the Communication Channels (together, the “Materials”). Subject to the paragraph below, the Boop Platform, the Boop Services, the Documentation, the Site, the Communications Channels and the Materials are together referred to in these Terms as the “Boop Resources”.

3.4 Under data protection legislation, we are required to provide you with certain information including how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise those rights. In some cases we will be processing your personal data as a controller and in other cases as a processor. What this means and everything else we need to tell you about our processing of your personal data is clearly set out in our Privacy Policy and Cookie Policy.

3.5 If you are an Android user you should also read Google Play Store's terms and conditions and policies, and if you’re an iOS user you should also read Apple App Store's terms and conditions and policies (together, the “Store Terms”). If there is any conflict or ambiguity between a provision in these Terms and a provision in the applicable Store Terms, then the provision in the applicable Store Terms shall have priority over the provision in these Terms.

4 Need help? We’re here for you (how to get in touch).

4.1 If you need help with anything, including if you aren’t happy with the Boop Resources, want to learn more about the Boop Resources, have experienced problems using them or think there is a mistake in these Terms, please take a look at our support resources on the Site or get in touch with us directly by contacting our customer service team by emailing support@booppet.app. If you have concerns relating to any illegal content on the Boop Platform, please see section 8 below for more detailed guidance.

4.2 We may also need to contact you from time to time. We’ll do this by email, phone call and/or SMS (using the contact details you have provided to us) and/or in-App notifications, and in accordance with our Privacy Policy.

5 It’s all about you (what makes you eligible to use the Boop Resources).

5.1 We are giving you personally the right to use the Boop Resources as set out in these Terms.

5.2 You may only use the Boop Platform if you:

5.2.1 are doing so for purposes that are wholly or mainly outside your trade, business, craft or profession (i.e. you are acting as a “Consumer”). If you are not a Consumer, do not accept these Terms and, instead, contact us via email at support@booppet.app (we will be in touch to provide you with a more appropriate set of terms);

5.2.2 are a natural person (i.e. a human being!) and aged 18 years or over;

5.2.3 are resident in the United Kingdom; and

5.2.4 are the owner of, or nominated (by the owner) as care provider of, the animal(s) in respect of which you plan to use the Boop Resources (your “Pet(s)”). For the avoidance of doubt, a Pet does not include any animal(s) that you are the owner of, or nominated (by the owner) as care provider of, in the course of your trade, business, craft or profession, for example, as a breeder, rehoming centre, farmer etc.

5.3 You understand that whilst you may be able to access the Boop Platform, you won’t be able to access all of the Boop Services unless you are able to assign at least one Qualifying Veterinary Practice to your Account. For the purposes of these Terms, “Qualifying Veterinary Practice” means a veterinary practice: (i) where you obtain, or plan to obtain, vaccinations and other treatments for a Pet; (ii) which employs or otherwise engages at least one veterinary surgeon registered with the Royal College of Veterinary Surgeons; and (iii) which is a registered user of “Boop” (a platform we provide to veterinary practices to enable them to digitally sign vaccination events and securely send information to, and receive information from, their clients).

5.4 If you do not, or if you cease to, meet one or more of the criteria set out in section 5.2 above, then:

5.4.1 you are strictly prohibited from registering for a Boop Account or, if you already hold an Account, you must promptly take steps to delete it in accordance with section 14.3 below; and

5.4.2 if, despite being prohibited from registering for a Boop Account, you attempt to do so or otherwise use the Boop Resources, we accept no responsibility or liability whatsoever for any costs, expenses, liabilities, damages or losses (whether direct or indirect and including any interest, fines, legal and other professional fees and expenses) that you suffer or incur as a result (including as a result of your breach of local law or regulation, as a result of your use of the Boop Platform).

5.5 For clarity, we offer no guarantee that, and we do not warrant that, your Boop Account, the Boop Services or any other element of the Boop Resources will always be accessible and available and uninterrupted.

6 Your rights and obligations when using the Boop Resources.

6.1 When using the Boop Resources, you must ensure that (and, for clarity, Boop is in no way responsible for ensuring that):

6.1.1 if your Pet is a dog, cat or horse, a microchip has been implanted into them which is registered with a reputable UK-based microchip database (this is a legal requirement) and your contact details on that database are complete and accurate at all times (for clarity, we are not a pet microchip database provider);

6.1.2 the Boop Resources are suitable for you and their facilities and functions (as described on the Boop Platform) meet your requirements;

6.1.3 you do not harm any humans, Pet(s) or other animals through your use of the Boop Resources, either intentionally, recklessly or negligently;

6.1.4 if you access your Boop Account via phone or other device not owned by you, you have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the relevant phone or other device;

6.1.5 you have backed-up your content and data used with your Boop Account and the Boop Resources (we recommend that you back up any content and data used in connection with the Boop Resources, to protect yourself in case of problems with the Boop Resources);

6.1.6 your device, information technology, computer programs and platform are properly configured to access your Boop Account and the Boop Resources and you satisfy any applicable compatibility requirements of the Boop Account and the Boop Resources (please refer to the minimum system requirements listed at https://booppet.app/minimum-requirements and you must also check the Store Terms for any specific device compatibility notes);

6.1.7 you do not transmit any material that is defamatory, offensive or otherwise objectionable; and

6.1.8 if you plan to sell any device on which the App is installed, you remove the App from that device (and log out of your Boop Account) before the sale.

6.2 You may: (i) access, download or stream a copy of the App onto one device and view, use and display the App for your personal purposes only; (ii) use the Documentation; (iii) make one copy of App solely for back-up purposes (provided this is permitted by any applicable Store Terms); and (iv) receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors, as we may provide to you.

7 This is a safe and secure space (things you and Boop must do to keep it that way).

7.1 You must not use the Boop Resources in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other holders of a Boop Account.

7.2 You must treat the password you create for your Boop Account, and any other identification method created by you or provided by us from time to time, as confidential and you must not disclose this information to any third party. Your log-in details (including your email address and password) may only be used by you and not by any other individual or business.

7.3 You must take all reasonable steps to prevent unauthorised access to, or use of, your Boop Account, the Boop Platform and the Boop Resources. If you suspect or become aware of unauthorised use or any other breach of security, please notify us immediately.

7.4 You must comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Boop Resources. Please do not use the Boop Resources in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

7.5 You must not act fraudulently or maliciously in relation to the Boop Resources. In particular, you must not:

7.5.1 misuse the Boop Resources by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;

7.5.2 attempt to gain unauthorised access to the Boop Resources, the server on which the Boop Resources is stored or any server, computer or database connected to the Boop Resources;

7.5.3 conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to any Boop Resources, including using (or permitting, authorising or attempting the use of): any robot, spider, scraper, deep link or other data gathering or extraction tool, program, algorithm or methodology to access, acquire, copy or monitor the Boop Resources or any part of them; or any automated analytical technique aimed at analysing text and data in digital form to generate information which includes patterns, trends and correlations (but only to the extent that we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us);

7.5.4 use or attempt to use any engine, software, tool, agent or other device to navigate or search the Boop Resources, other than search engines and search agents available through the Boop Resources or through generally available third party web browsers;

7.5.5 attack the Boop Resources via a denial-of-service attack or a distributed denial-of service attack;

7.5.6 attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way contributing to, the Boop Resources; or

7.5.7 use any part of the Boop Resources in order to build a product, service, offering or following, whether for commercial purposes or otherwise, on your own behalf or for a third party,

and by breaching any of these obligations, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

7.6 We do not guarantee that the Boop Resources will be secure or free from bugs, viruses, etc and, accordingly, you agree not to hold us accountable for such bugs, viruses, etc. You should use your own suitable virus protection software.

8 We work hard to protect you from illegal content.

8.1 This section of the Terms sets out what we do to protect you from illegal content and what technology we use to help us.

8.2 We minimise the length of time for which terrorism content is present on the Boop Platform by enabling users to report content within the platform using a single button press. We will swiftly take down terrorism content when we find out about it.

8.3 We minimise the length of time for which child sexual exploitation and abuse content is present on the Boop Platform by enabling users to report content within the platform using a single button press. We will swiftly take down child sexual exploitation and abuse content when we find out about it.

8.4 We minimise the length of time for which other content that amounts to an offence is present on the site by enabling users to report content within the platform using a single button press. This applies to content relating to assisting suicide, threats to kill, public order offences, harassment, stalking and fear or provocation of violence, drugs and psychoactive substances, firearms and other weapons, assisting illegal immigration, human trafficking, sexual exploitation, sexual images, proceeds of crime, fraud, financial services, foreign interference, animal welfare and offences relating to being involved in committing any of these offences (known as inchoate offences). We will swiftly take down such content when we find out about it.

8.5 We also block users who are found to use the platform to upload or share illegal content. In the future, we may introduce automated tools to review potential illegal content.

8.6 You should report or complain to support@booppet.app about the following content and behaviours: (i) content you consider to be illegal; (ii) when you think we are not dealing with illegal content or activity as we should; (iii) where you think our content reporting systems and processes do not easily let users report content they believe to be illegal; (iv) when you think we have insufficiently considered the importance of protecting users' rights to freedom of expression or privacy; (v) where your content has been removed or access-restricted on the basis that it is illegal; (vi) where we have given you a warning, suspended, banned or restricted you in any way as a result of your content which we consider to be illegal content; (vii) technology we use results in your content being taken down, access-restricted or deprioritised and you think the technology has been used in a way not set out in our terms of service; and (viii) where you are unable to access content because we have incorrectly assessed your age.

8.7 Our policy and process for management of illegal content can be viewed at http://booppet.app/illegal-content-policy .

8.8 If we: (i) restrict access to any content you generate or upload to or share on the Boop Resources in a way that breaches these Terms; or (ii) suspend or ban you from using the Boop Resources in a way that breaches these Terms, you have a right to bring a claim against us for breach of contract.

9 You grant rights and provide information to us, so we can deliver the Boop Resources to you.

9.1 Your inputs into your Boop Account and the Boop Resources, and the outputs generated, will be fully accessible by, and visible to, us. Aggregated and anonymised data derived from your inputs may also be generated, used and shared by us, for example, to see any trends in pet owner behaviour in a particular geographical area such as whether more cats are vaccinated in a particular town or county than another. To the extent your inputs include personal data then we will only process this in accordance with our Privacy Policy.

9.2 By accepting these Terms, you grant to us a non-exclusive, royalty-free, perpetual licence to use the content that you upload and input into your Boop Account or any of the Boop Resources, and the outputs generated by that content (together, the “Licensed Content”) for: (i) the provision of the Boop Resources; and (ii) any other purpose(s) referred to in these Terms, as they are amended from time to time (the “Licence”). Boop is under no obligation to keep your Licensed Content confidential.

9.3 You acknowledge and agree that the Licence: (i) includes the right for us to use, modify, display, distribute and create new material using or incorporating the Licensed Content; (ii) allows us to sub-licence the Licensed Content (excluding any personal data) to Qualifying Veterinary Practices, Boop Partners, other users of the Boop Resources and other third parties (and you warrant that you have all necessary rights and consents required to grant this licence in relation to the Licensed Content); and (iii) allows us to disclose your identity to third parties if we are required to do so by applicable law or court order.

9.4 You agree to always provide us with complete and accurate information, and not to misrepresent your identity or information. We are under no obligation to check the accuracy of the information that you provide to us, but you hereby authorise us to obtain (directly or through a third party), verify and record information and documentation that helps us to verify your information if we wish to do so and if doing so is practically possible. You will notify us promptly if any of your information changes.

9.5 You will indemnify and keep indemnified Boop in full against all costs, expenses, liabilities, damages and losses (whether direct or indirect and including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Boop arising out of, or in connection with, the use of the Licensed Content by Boop, Qualifying Veterinary Practices, Boop Partners, other users of the Boop Resources and other third parties.

10 We’re delighted to provide the Boop Resources to you (please use them respectfully).

10.1 We license the right to use the Boop Resources to you.

10.2 We cannot guarantee, and we do not warrant that, the Boop Resources will always be available or be uninterrupted.

10.3 We may terminate, suspend, withdraw or restrict the availability of all or any part of the Boop Resources with immediate effect and at our complete discretion, including for business and operational reasons (e.g. the malfunction of equipment, periodic updating, maintenance, repair and the acts or omissions of third party service providers on whom we rely to provide the Boop Resources). We will try to give you reasonable notice of any suspension or withdrawal.

10.4 We are the owner or the licensee of all intellectual property rights in materials that we publish (or that are published on our behalf) on or through the Boop Resources and any software, logos, branding or domains contained within or made available through the Boop Resources. These works are protected by copyright and other intellectual property laws and treaties around the world and all such rights are reserved. Our status (and that of any identified contributors) as the authors of content provided to you through the Boop Resources must always be acknowledged.

10.5 You have no intellectual property rights in, or to, the Boop Resources other than the right to use them in accordance with these Terms. For clarity, these Terms do not grant you any rights to, under or in our intellectual property rights, including (but in no way limited to) any patents, copyright, database rights, trade secrets, trade names and trade marks (whether registered or unregistered).

10.6 You are not permitted to use our business name, trading name, logos or branding without our approval and you will not remove or in any manner alter any logo, brand name, product identification, proprietary mark, trade mark notice, copyright notice, or other notices contained in, displayed on or comprising part of the Boop Resources.

10.7 You must not:

10.7.1 open, or attempt to open, more than one Account (if you open multiple Accounts, we reserve the right to close down your second any subsequent accounts at our complete discretion and without notifying you first);

10.7.2 copy any element of the Boop Resources, except as part of the normal use of the Boop Resources or where it is necessary for the purpose of back-up or operational security;

10.7.3 translate, merge, adapt, vary, alter or modify the whole or any part of the Boop Resources nor permit the Boop Resources or any element of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Boop Resources on devices as permitted in these Terms;

10.7.4 collect or harvest any information or data from the Boop Resources or reproduce, extract or otherwise communicate or make available to third parties any part of the Boop Resources (or any resources therein);

10.7.5 disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Boop Resources nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile a Boop Product to obtain the information necessary to create an independent program that can be operated with a Boop Product or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities: (i) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; (ii) is not used to create any product or service that is substantially similar in its expression to any of the Boop Resources; (iii) is kept secure; and (iv) is used only for the Permitted Objective; or

10.7.6 license, sell, resell, rent, commercially exploit, make available to third parties, or enable any third parties to access any element of, the Boop Resources.

10.8 You may link to the Communication Channels, the Site and the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Communication Channels, the Site or App in any website that is not owned by you. The Communication Channels, the Site and the App must not be framed on any other application or website, nor may you create a link to any part of the Communication Channels, the Site or the App other than the home page of the Communication Channels, the Site or the App. We reserve the right to withdraw linking permission without notice.

11 We’re unable to verify Account Data or Partner Data (Boop Resources are provided ‘as is’).

11.1 We source much of the information used by and provided through the Boop Resources) from you, Qualifying Veterinary Practices, Boop Partners and other third parties (for clarity, personal data is collected in the ways set out in our Privacy Policy). We do not check this information and cannot verify or guarantee that it is complete, accurate, up to date, free of errors or based on factual and verified information and statistics.

11.2 We make the Boop Resources available on an ‘as is’ basis, for general information only and, to the fullest extent permitted under applicable law, we disclaim any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement. The Boop Resources have not been developed to meet your individual requirements, or your Pet(s) requirements, and we do not warrant that they will do so.

11.3 Information obtained from, and recommendations given by, the Boop Resources do not constitute information or advice (including medical advice) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from, or recommendations given by, the Boop Resources. In particular, the Boop Resources are not a substitute for seeking professional medical advice from a Qualifying Veterinary Practice. As between you and Boop, you are solely responsible for ensuring your Pet(s) receive the vaccinations and medical treatments that they need, when they need them.

12 Boop Partners may help us to provide the Boop Services.

12.1 From time to time, the Boop Resources may contain links to, or details of, applications, websites and resources belonging to Boop Partners, or may advertise or promote Partner Products (together, the “Partner Promotions”).

12.2 Boop may receive commission or other remuneration from Boop Partners, in return for including Partner Promotions in the Boop Resources. Our arrangements with Boop Partners enable us to generate income, which we may use to subsidise the cost of providing the Boop Resources to you.

12.3 Please be aware that Partner Data, Partner Products, Partner Promotions and the applications, websites and resources of Boop Partners are not under our control, and we are not responsible for and have not checked and approved their content, their privacy policies or the quality or suitability of the Partner Products. You must make your own independent judgement about whether to: (i) use Partner Data or the applications, websites and resources of Boop Partners; (ii) read or otherwise engage with Partner Promotions; or (iii) purchase Partner Products.

12.4 If you decide to: (i) use Partner Data or the applications, websites and resources of Boop Partners; (ii) read or otherwise engage with Partner Promotions; or (iii) purchase Partner Products, we accept no responsibility or liability whatsoever for any costs, expenses, liabilities, damages or losses (whether direct or indirect and including any interest, fines, legal and other professional fees and expenses) that you suffer or incur as a result.

13 What happens if we need to make changes.

13.1 Changes to these Terms:

13.1.1 We may need to change these Terms to, among other things, reflect changes in law or best practice.

13.1.2 We will give you at least 30 days notice of any change to these Terms by sending a message to your Boop Account (the “Change Notice”). You will see the Change Notice when you next access your Boop Account via the App, so you must regularly check your Boop Account for Change Notices and other messages.

13.1.3 If you wish to reject the notified changes to these Terms, you must delete your Boop Account (via your profile page within the app) within 30 days of the date of the Change Notice and, as a result: (i) your access to your Boop Account via the Boop Platform will be terminated; and (ii) we will no longer be able to provide you with the Boop Services.

13.2 Enhancements to the Boop Resources:

13.2.1 From time to time we may add new services or functionality to the Boop Services. We will not notify you when we do this, but detailed, accurate and up-to-date information on our Boop Services can be found at https://booppet.app/functionality .

13.3 System updates:

13.3.1 From time to time we may automatically update and change the Boop Resources to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

13.3.2 If you choose not to install recommended updates or if you opt out of automatic updates you may not be able to continue using the Boop Resources.

14 Breaking up is hard to do (how you and we can end our relationship).

14.1 You understand and agree that we will monitor your usage of the Boop Resources to allow us to determine whether a violation of these Terms has, or is, occurring. We may end your right to use the Boop Resources and delete your Boop Account at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so. We also have the right to suspend or disable your Boop Account for any reason, including security reasons, or if you are in breach of the provisions of these Terms.

14.2 If we end your rights to use the Boop Resources and delete your Boop Account, then you must: (i) stop all activities authorised by these Terms, including your use of the Boop Resources; or (ii) delete or remove the Boop Resources from all devices in your possession; or (iii) immediately destroy all copies of the Boop Resources which you have and confirm to us that you have done this.

14.3 You may choose to delete your Boop Account at any time and for any reason, and you can do so by following the instructions within the App (if it is available at the relevant time). If you delete your Boop Account: (i) your access to your Boop Account via the Boop Platform will be terminated immediately; and (ii) we will no longer be able to provide you with the Boop Services.

14.4 You may choose to cease using one or more, or all, Boop Resources at any time and for any reason whilst keeping your Boop Account open. You do not need to notify us of your intention to do so.

14.5 It is important that you download and save any of your information that you need from your Boop Account before it is deleted. You understand and agree that if we end your rights to use the Boop Resources and delete your Boop Account, or if you choose to delete your Boop Account for any reason, then we will: (i) securely delete or destroy; or (ii) if directed in writing by you within 10 days of your Boop Account being deleted, return and not retain (in each case) all or any of the personal data about you that it is in our possession or control. Sometimes we may be required by law or regulation to retain documents or materials containing your personal data and, if this is the case, we will tell you and provide you with relevant details (unless the law prevents us from doing so).

15 Our responsibility for loss or damage suffered by you.

15.1 We are responsible to you for foreseeable loss and damage caused by us. In other words, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Subject to paragraph 15.1.5, we are not liable for any costs, expenses, liabilities, damages or losses:

15.1.1 that are not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen;

15.1.2 arising out of (either in whole or in part) your use of the Boop Resources in connection with, or for the purposes of, your trade, business, craft or profession (including liability for any loss of profit, loss of business, business interruption, or loss of business opportunity);

15.1.3 arising out of (either in whole or in part) your use, or attempted use, of the Boop Resources for purposes for which they are not intended, including (but not limited to) use of the Boop Resources: (i) as a substitute for an official certification authorising or facilitating travel from one territory to another, such as an “Animal Health Certificate” or an equine passport (use in this way is strictly prohibited); or (ii) to evidence, to anyone other than a Qualifying Veterinary Practice, that a Pet has received specific vaccinations (we recommend that you seek written confirmation from relevant third parties that they will accept digital vaccination records prior to making commitments and/or attempting to participate in events where proof of vaccination is required);

15.1.4 arising out of (either in whole or in part) your failure to comply with any of your obligations under these Terms (or with local law or regulation, as a result of your use of the Boop Resources); or

15.1.5 arising out of (either in whole or in part) your Boop Account and/or the Boop Services and/or any other element of the Boop Resources being inaccessible or unavailable to you, or interrupted. As per paragraph 5.4 above, we offer no guarantee that, and we do not warrant that, your Boop Account, the Boop Services or any other element of the Boop Resources will always be accessible and available and will be uninterrupted.

15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

15.3 If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

15.4 In these Terms, “Dependencies” means: (i) the provision of Account Data by you and Partner Data by Boop Partners to enable us to supply the Boop Resources to you; (ii) the accuracy of both the Account Data and the Partner Data; (iii) the satisfactory performance of third party software and systems; (iv) our, and your, Internet connection and system capabilities; (v) the provision and receipt of Partner Products; and (vi) the acts and omissions of Boop Partners. We are not responsible for events outside our control or for the failure of any Dependencies. If our provision of Boop Services is delayed by an event outside our control or the failure of a Dependency then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.

15.5 You will indemnify and keep indemnified Boop in full against all costs, expenses, liabilities, damages and losses (whether direct or indirect and including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Boop arising out of, or in connection with, your breach of the Terms.

16 Last, but not least (other important legal bits).

16.1 Whole agreement. Subject to any terms implied by law, these Terms represent the entire agreement and understanding between us regarding your use of the Boop Resources, and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the subject matter.

16.2 Terms that continue after termination. Provisions of these Terms that expressly or by their inherent nature should survive termination or expiry of these Terms will survive termination or expiry.

16.3 No agency, etc. Nothing in these Terms creates any agency, partnership, joint venture, employment or franchisee relationship between you and us.

16.4 We may transfer this contract to someone else. We may transfer our rights and obligations under the Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

16.5 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the Terms to another person if we agree to this in writing.

16.6 Nobody else has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of its terms.

16.7 If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.8 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

16.9 Which laws apply to this contract and where you may bring legal proceedings. These Terms, their subject matter and their formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.