Thank you for considering participation in Pronova Inc.’s canine saliva testing study (the “Study”). The Study is part of our ongoing work to develop and refine our saliva-based health monitoring tools for dogs. Your participation is voluntary and greatly valued.
By taking part in the Study, you acknowledge that you have read and understood these terms and agree to be bound by them. You also affirm that you are participating voluntarily and with full knowledge of the nature and purpose of the Study.
1. Eligibility
To take part in the Study, you must be at least eighteen years of age and the legal owner of the dog whose saliva is being collected, or otherwise authorized by the legal owner to enroll the dog and provide samples. By participating, you represent and warrant that you meet these requirements.
2. Developmental stage of sensors
The saliva testing sensors used in the Study are in the developmental stage. They are not yet fully tested or approved for general use. Accuracy, reliability, and consistency of results may vary, and results should not be used as a substitute for professional veterinary advice, diagnosis, or treatment. We encourage you to consult a veterinarian about the meaning of any Study results you receive. We make no representation as to the completeness, accuracy, or timeliness of any information provided through the Study.
If excess saliva remains after we provide your dog’s results, we will store it to test future sensors and support our research and development. You may opt out at any time by giving written notice that you do not want us to retain or test your samples in the future.
3. Intellectual property rights
Pronova retains all ownership and intellectual property rights to the Study and any technology, ideas, concepts, know-how, methods, and techniques arising out of the completion of the Study and your dog’s results.
4. Comments, feedback, and other communications
While taking part in the Study, you may provide comments, suggestions, data, or other information to Pronova (“Feedback”). Pronova may retain and use any Feedback in current or future products or services without compensation to you. You assign to Pronova all right, title, and interest in, and Pronova is free to use, without attribution or compensation, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, although Pronova is not required to use any Feedback.
5. Use of health data, ownership, and results
By taking part in the Study, you agree to allow Pronova to use your dog’s health data, including saliva results, to improve our data models, presentations, and publications. All personal information will be anonymized and your dog’s identity will not be disclosed in any data models, presentations, or publications resulting from the Study. All personal and dog health data will be handled confidentially and in compliance with relevant data protection laws. Any data and results generated during the Study are the property of Pronova, as are any samples collected. You will not have rights to any patents, products, discoveries, or other intellectual property that may emerge from the Study.
6. Waiver of liability
To the fullest extent provided by applicable law, we will not be liable to you or any other person, under any legal or equitable theory, whether in tort, contract, strict liability, or otherwise, for any indirect, special, incidental, or consequential losses or damages arising out of or in connection with the Study. This limitation applies to damages arising from any failure of performance, error, omission, interruption, deletion, defect, delay, lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure, file corruption, communication failure, network outage, theft, unauthorized access to or loss of any record or data, and any other tangible or intangible loss.
While saliva collection is generally non-invasive and low-risk, Pronova assumes no liability for any adverse effects or complications that may arise during or after collection. Collection is performed under your supervision and responsibility. Pronova may make changes to the Study protocol and will notify participants of any significant changes.
7. Disclaimer
You acknowledge that your participation in the Study, and your reliance on any data, information, or results arising out of it, is at your own risk.
To the greatest extent permitted by applicable law, the saliva testing sensors and all results are provided “as is” and “as available” without any warranty whatsoever, including any warranties of merchantability, fitness for a particular purpose, title, or non-infringement, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.
8. No veterinary advice
The information and results provided from the Study are for research purposes only and do not constitute professional veterinary advice. Any health concerns should be followed up with a licensed veterinarian. Participation does not establish a veterinary-client-patient relationship between you, your dog, and Pronova or any of its representatives.
9. Voluntary participation
Your participation is entirely voluntary, and you may withdraw at any time without consequence. Your decision to participate or not will not affect any current or future relationship with Pronova.
10. Compensation
Compensation, if any, will be specified at the time of enrollment for the specific activity in which you take part. Where an activity offers compensation for saliva sample collection, participants are paid the amount stated at enrollment per sample collected, paid when the collection is completed successfully and verified at pickup. Not all activities offer compensation; some may instead involve a fee paid by the participant, which will be disclosed before you take part.
11. Indemnity
You agree to defend and hold Pronova, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the results of the Study, your violation of the rights of another, or your violation of these terms.
12. General
The laws of the State of Delaware, excluding any principles of conflicts of laws, govern these terms. The parties will settle any claim or dispute relating to these terms by binding arbitration in Delaware under the applicable rules of the American Arbitration Association. No arbitration under these terms shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
Whether in arbitration or court, you waive the right to prosecute or participate in a class action, collective action, or other representative action. You may seek relief only on behalf of yourself and only to the extent necessary to remedy your individual claim. This class action waiver is a material and essential part of, and cannot be severed from, this provision.
You may not assign or transfer your rights under these terms without Pronova’s prior written consent. Pronova may assign its rights and obligations to any third party at its sole discretion. These terms are binding upon and inure to the benefit of the parties and their permitted successors and assigns.
Any waiver or failure by Pronova to exercise its rights will not create a continuing waiver. If any provision is held invalid, illegal, or unenforceable, the remaining provisions are not affected, and the provision will be interpreted, to the extent possible, to achieve its original purpose.
These terms state Pronova’s entire agreement with you concerning the Study and any related results.
13. Contact
Questions, comments, or concerns about these study terms and related matters may be sent to info@pronovapets.com.