TURBOVETS INC.
END USER LICENSE AGREEMENT (EULA)
Your access to and use of this software (the “Platform”), including any updates or support you may receive from us (collectively “TurboVets”), is governed by the terms and conditions of this agreement between you and TurboVets, Inc. (“Agreement”). As used in this agreement, “you” refers to you as an individual as well as other individuals you allow to access or use TurboVets on your computer systems, and any legal entity you control, work for, or represent when you access or use TurboVets. The terms “us” and “we” refer to TurboVets, Inc.
NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
By selecting “I Accept” or otherwise installing or using TurboVets, you accept these terms and conditions. If you do not accept them, do not select “I Accept,” and you may not make any use of the TurboVets Platform.
1. Licensed Use Rights and Limits. TurboVets is licensed to you on a free basis for access, and permitted use by you for your internal personal purposes on equipment you own or control (your “System”). Your permitted use of TurboVets is subject to the limits of the end user licensing agreement, this Agreement, and any applicable terms of service, including the duration of your permitted use of the free Platform (the “Term”). If you comply with all the terms and conditions of this agreement, then you may use TurboVets with your browser in a manner permitted under this agreement.
You may not share any information regarding TurboVets technology, systems, Platform, or methods with any unauthorized third party, nor may you access or use TurboVets for the purpose of competitive intelligence gathering. This restriction does not apply to disclosures required to provide the Platform, comply with applicable law, or fulfill obligations under agreements with the Department of Veterans Affairs (VA) or other authorized partners, provided such disclosures are subject to appropriate confidentiality and security protections.
If you violate the terms and conditions of this agreement, TurboVets reserves the right to terminate your use of TurboVets without notice. At the time of any termination of this agreement, your license to use TurboVets terminates.
2. Other License Limitations. TurboVets is licensed, not sold. TurboVets is protected by copyright, trademark, and other intellectual property laws and treaties. This agreement grants you only limited rights to use TurboVets and its Platform. We reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use TurboVets only as expressly permitted in this agreement and any applicable terms of service. In doing so, you must comply with technical limitations in TurboVets that only allow you to use it in certain ways.
You may not:
● work around the technical limitations in TurboVets or attempt to hack TurboVets; ● reverse engineer, decompile, or disassemble TurboVets, except and only to the extent that applicable law expressly permits, despite this limitation;
● use TurboVets beyond the limits specified in this agreement;
● use TurboVets to develop or disclose the results of any benchmarking of performance;
● use TurboVets to gather, copy, duplicate, or derive ideas, features, functions, concepts, or designs for the benefit of yourself or any third party, or for the development, enhancement, or operation of any competing product or service;
● obtain a TurboVets free user license in order to engage in, assist with, or in otherwise any manner contribute to the development of a competitive product or endeavor;
● transfer TurboVets, or this agreement, to any unauthorized third party;
● use TurboVets to provide, facilitate, or assist in the provision of services to veterans in violation of applicable law or regulation, including, without limitation, charging or receiving unauthorized fees for assistance with veterans’ benefits, or acting (or holding yourself out) as an agent, representative, or attorney in connection with veterans’ benefits without proper accreditation or authorization.
3. Privacy. Information collected in relation to your use of TurboVets will be handled in accordance with TurboVets’ privacy policy. We do not sell or monetize user data. We may access, use, and disclose data as necessary to provide the Platform, comply with applicable law, and fulfill obligations under agreements with the Department of Veterans Affairs (VA) and other authorized entities, including for security monitoring, auditing, and incident response. Please refer to our privacy policy, available at https://www.TurboVets.com/privacy, before agreeing to these terms for a more detailed explanation of how your information is used when accessing our Platform.
4. Your Feedback. You have the right to provide us with feedback about TurboVets. You will not provide feedback subject to a license that requires us to license our software or documentation to third parties. These rights survive this agreement.
5. Customer Service. We will use commercially reasonable efforts to provide customer support. Where the Platform is used in connection with VA systems or federal environments, TurboVets will also support applicable security, compliance, and incident response requirements, including coordination with authorized government personnel.
6. U.S. Government Restricted Rights. TurboVets, the Platform, and its accompanying documentation are deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 “Commercial Computer Software- Restricted Rights” and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation,” as applicable, and any successor regulations. Notwithstanding the foregoing, nothing in this section shall limit the rights of the U.S. Department of Veterans Affairs (VA) to access, use, or review information, documentation, or system interfaces as necessary to fulfill its obligations under applicable law, regulation, or interconnection agreements, including but not limited to security assessments, audits, incident response, and operational oversight, subject to applicable confidentiality and security protections.
7. Export Restrictions. TurboVets is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to TurboVets. These laws include restrictions on destinations, end users, and end use.
8. DISCLAIMER OF WARRANTIES. TO THE EXTENT PERMITTED BY LAW, TURBOVETS IS PROVIDED AND LICENSED “AS-IS.” HOWEVER, NOTHING IN THIS SECTION LIMITS OR WAIVES OBLIGATIONS REQUIRED UNDER APPLICABLE FEDERAL LAW, VA POLICY, OR SECURITY AND PRIVACY REQUIREMENTS.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND WE MAKE NO WARRANTIES THAT: (I) OUR PRODUCTS, AND/OR WEBSITE WILL MEET YOUR REQUIREMENTS; (II) OUR PRODUCTS, AND/OR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE PRODUCTS, SERVICES, AND/OR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS USED OR INFORMATION OBTAINED BY YOU THROUGH THE PRODUCTS, AND/OR WEBSITE WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE PRODUCTS, SERVICES, AND/OR WEBSITE WILL BE CORRECTED.
TURBOVETS IS NOT DESIGNED, INTENDED, OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS WHERE A SOFTWARE MALFUNCTION COULD CAUSE PROPERTY DAMAGE OR PERSONAL INJURY, AND WE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
WE DO NOT WARRANT IN ANY WAY THIRD-PARTY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, “INTEGRATIONS” OR ANY “ADD-ONS” BY UNAUTHORIZED PARTIES. YOU ASSUME ALL RISKS IN USING THIRD-PARTY PRODUCTS WITH TURBOVETS.
9. LIMITATION ON AND EXCLUSION OF DAMAGES. OUR LIABILITY UNDER THIS AGREEMENT IS LIMITED. YOU CAN RECOVER ONLY DIRECT DAMAGES UP TO THE AMOUNT THAT YOU PAID FOR TURBOVETS. SINCE TURBOVETS IS FREE TO ALL VETERANS AND USERS, YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES. THIS LIMITATION APPLIES TO ALL CLAIMS RELATED TO TURBOVETS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW. IT ALSO APPLIES EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE EXTENT PERMITTED BY LAW, TURBOVETS’ LIABILITY IS LIMITED AS DESCRIBED HEREIN. HOWEVER, NOTHING IN THIS SECTION SHALL LIMIT LIABILITY WHERE PROHIBITED BY APPLICABLE LAW, INCLUDING OBLIGATIONS RELATED TO DATA PROTECTION, CONFIDENTIALITY, SECURITY INCIDENTS, OR COMPLIANCE WITH FEDERAL REQUIREMENTS.
10. Dispute Resolution and Binding Arbitration Provision.
(a) Definitions. As used in this Arbitration Provision, “Claims” means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the use of TurboVets or any of our products or services (collectively the “Services”). This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.
(b) Informal Efforts to Resolve Dispute. If a dispute arises between you and us, you should first attempt to resolve it by contacting us with notice and the details of your complaint, including your contact information for a response, and sending it to the mail or email address listed below. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.
(c) Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described
herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD YOU ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES), AND MUST FOLLOW THE LAW AND TERMS OF THIS AGREEMENT AS A COURT WOULD.
UNDER THIS AGREEMENT, ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT, BY MAILING AN OPT-OUT REQUEST TO OUR NOTICE ADDRESS LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH US, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICES TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
THIS ARBITRATION PROVISION DOES NOT APPLY TO AGREEMENTS WITH THE UNITED STATES GOVERNMENT, INCLUDING THE DEPARTMENT OF VETERANS AFFAIRS, WHICH SHALL BE GOVERNED BY APPLICABLE FEDERAL LAW AND CONTRACT TERMS.
(d) Arbitration Fees. The allocation and payment of all filing, administration, and arbitrator fees will be governed by the rules of the American Arbitration Association (“AAA”), which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous, applying the standards of the Federal Rules of Civil Procedure, and you qualify as a consumer under the AAA rules, we agree to reimburse you the amount of all filing, administration, and arbitrator fees you are required to pay for the arbitration.
(e) Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules if you are a resident of the United States. If you are a resident of a country other than the United States, the arbitration will be conducted by the AAA in Maricopa County, Arizona, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the U.S. federal court in Maricopa County, Arizona, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.
(f) Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in
the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA in Maricopa County, Arizona.
The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
In conducting the arbitration proceeding, the arbitrator will apply the laws of the State of Arizona (without regard to its conflicts of law provisions), including U.S. federal law for matters covered by federal law (for example, the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award.
Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act.
(g) Confidentiality. You and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.
(h) Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of your access to or use of any Services and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed, or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.
(i) TurboVets Notice Address:
TurboVets, Inc.
5665 Dallas Pkwy
Suite 200
Frisco, TX 75034
Privacy@TurboVets.com
11. Applicable Law; Forum. This Agreement shall be governed by applicable federal law. To the extent state law applies, it shall be applied in a manner consistent with federal law and any applicable VA requirements. Except as otherwise provided in the Arbitration Provision, and except for agreements with the United States Government, any claims shall be brought in a court of competent jurisdiction in Maricopa County, Arizona.
12. Entire Agreement; Severability. This Agreement, as well as any other documents prepared or signed by TurboVets specifying any license terms, constitutes a complete and exclusive statement of the terms of the
agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented, or otherwise modified except by a written agreement executed by an authorized representative of both parties. If for any reason any provision of this agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) such provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) such invalidity or unenforceability will not affect any other provision of this agreement.
13. Confidentiality. You acknowledge that through your access to and use of the Platform, you may receive or have access to confidential, proprietary, or non-public information belonging to TurboVets, including, but not limited to, trade secrets, technical data, software, algorithms, business strategies, product and service roadmaps and ideas, product and service features, and other sensitive information (“Confidential Information”). You agree to (a) maintain the confidentiality of all Confidential Information; (b) not disclose Confidential Information to any third party without the prior written consent of TurboVets, except as required by applicable law or as expressly permitted under this Agreement or applicable federal agreements; and (c) not use the Confidential Information for any purpose other than as expressly permitted under this Agreement. You further agree that you will not use the Platform, directly or indirectly, to gather, copy, or derive ideas, features, functions, concepts, or designs for the benefit of yourself or any third party, or for the development, enhancement, or operation of any competing product or service. Your confidentiality obligations will survive the termination or expiration of this Agreement. All VA data and VA-sensitive information must be handled in accordance with applicable federal laws and VA policies, including, but not limited to, the Privacy Act, HIPAA (where applicable), and VA Directive 6500. Such data may only be accessed, used, or disclosed as authorized under applicable agreements.
14. Security Incident Reporting. Users must immediately report any suspected or confirmed security incident involving the Platform, including unauthorized access, data exposure, or system compromise. Where VA data is involved, TurboVets and its users will comply with applicable VA incident reporting requirements, including notification within one (1) hour of discovery where required.
15. Audit and Logging. TurboVets maintains audit logs and monitoring controls in accordance with applicable federal and VA requirements. Audit logs may be reviewed by authorized government entities for security, compliance, and investigative purposes and will be retained in accordance with applicable laws and policies.
16. System Interconnection. TurboVets may interconnect with VA systems and other authorized systems in accordance with approved agreements, including VA Interconnection Security Agreements (ISA). All such interconnections are subject to applicable federal security and data protection requirements.
17. Compliance with Federal Requirements. TurboVets agrees to comply with all applicable federal laws, regulations, and VA policies, including but not limited to:
● Federal Information Security Modernization Act (FISMA)
● NIST SP 800-53 and related guidance
● VA Directive 6500 and VA Handbook 6500
● VA Directive 6513 (Secure External Connections)
● Privacy Act of 1974
● HIPAA (where applicable)
TurboVets will implement appropriate administrative, technical, and physical safeguards to protect VA data and support required security assessments and authorization processes.
18. Federal Agreement Override. Notwithstanding anything to the contrary in this Agreement, where TurboVets operates under a federal agreement (including a VA MOU/ISA, BAA, or contract), the terms of such agreement shall govern with respect to data handling, sharing, retention, security, reporting, and compliance obligations. This Agreement shall be governed by applicable federal law. To the extent state law applies, it shall be applied consistently with federal law and VA requirements.
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