IDEXX SmartService Terms of Service
(outside North America)
(Revision May 18, 2023)
1. Acceptance of Terms of Service
Except as specifically modified by these Terms of Service, and as provided below with respect to North America, IDEXX’s standard terms and conditions of sale (“Terms of Sale”) as in effect from time to time apply to the use of the Service (as defined in Section 2 below). You may find the Terms of Sale applicable to your region here. When using or registering with this Service you agree to be bound by these Terms of Service, by and between you and the IDEXX entity that invoices you (“IDEXX”). The words “we”, “us”, and “our” refer to IDEXX and IDEXX’s affiliated entities. These Terms of Service may be updated by IDEXX from time to time without notice to you. You may review the most current version of the Terms of Service at any time as posted on the IDEXX General Terms and Conditions page here.
If you are located within North America, your use of SmartService is subject to the One IDEXX Master Terms here and the SmartService Specific Terms incorporated therein.
2. Scope of Service
IDEXX SmartService is an intelligent device management service (the “Service”) for certain equipment (such as diagnostic instruments, laboratory information and practice management systems, digital cytology and radiograph products, and related computers) provided by the IDEXX entity that invoices you, its affiliates or our authorized distributors (“IDEXX Equipment”). Upon your acceptance of these Terms of Service, device relationship management (“DRM”) Software, which is already installed on your IDEXX Equipment, shall be activated to permit us to remotely access the IDEXX Equipment for the purpose of providing the Service. The Service will enable IDEXX to remotely monitor, troubleshoot, diagnose, and service your IDEXX Equipment and the devices connected to it from your practice site. The Service will also include remote upgrades of your IDEXX Equipment software and the software within connected devices. In order to provide the Service, we will remotely access and pull specific data that will help us diagnose and solve equipment performance issues, as well as patient (pet) name, age and breed, client (pet owner) name, and test information and analyses on a per test run basis. If you have an extended maintenance agreement for your IDEXX Equipment (such as IDEXXCare Plus), the Service as described herein is provided at no additional charge. Any expanded features that we may offer in the future, including database backups and restores, utilization reports, and patient report cards, may be offered for an additional fee. The Service may not be available for all IDEXX products owned or used by you. For those products for which remote service is not available, service will be provided as set forth in the relevant extended maintenance agreement. In the event your extended maintenance agreement with us is terminated, we may, at our sole election, cease providing remote technical support, but continue to provide you with remote software upgrades or other portions of the Service using the DRM software without charging a fee. If we elect to continue to provide services through the DRM software, this Agreement (including our ability to use your data as described in this paragraph and in Section 4 below) will remain in place. If you wish to have the DRM software deactivated and our ability to remotely access the IDEXX Equipment terminated, you must notify us in writing by sending an email to smartservice@idexx.com.
3. Technical Environment
In order to use the Service, you must have a high-speed internet connection. You shall provide and incur the cost of the IDEXX Equipment and the high-speed internet connection as specified by us. You shall provide the appropriate network connectivity for the Service to operate properly. The DRM software used with the Service includes security features to permit only authorized personnel to access the IDEXX Equipment.
4. Use of Data and Data Protection
You shall, in your use of the Service, process Personal Data (any data relating to an identified or identifiable living natural person) in accordance with the requirements of the applicable data protection laws and regulations. IDEXX is committed to the proper processing of Personal Data and has adopted a Privacy Policy which sets out the processing of personal data for which IDEXX acts as a data controller. The Privacy Policy can be found here. In addition, IDEXX acts as a data processor for the processing activities that it performs through the Service on behalf of and on the instructions of the users. If you are subject to the EU General Data Protection Regulation 2016/679, or any of the other data protection laws identified here (together, “Data Protection Laws”), our processing activities are described in and are subject to the IDEXX Customer Data Processing Agreement and the DPA Schedule for SmartService (collectively, the “DPA”), each found here. The DPA shall form an integral part of this Agreement in accordance with applicable Data Protection Laws. We do not share your Personal Data with third parties except in an aggregated anonymized format, and except as provided in our Privacy Policy, or otherwise with your express consent. IDEXX will use aggregated anonymized Personal Data provided through the Service to perform market analysis in order to anticipate our customers’ needs, gain know- how which will benefit veterinary practices in general, and to provide professional services and medical education to the veterinary industry. You agree that such aggregated anonymized Personal Data and any non-Personal Data stored, exchanged or processed by IDEXX through the Service may be provided to third parties without your prior consent. You also agree that IDEXX may continue to use aggregated anonymized Personal Data after your use of the Service ends.