These terms of service (the “Terms”) apply for the MiDOG™ Bacterial and Fungal Testing Services (the “Service”) when you use the MiDOG™ web site or other mobile application (collectively the “Site”) operated by MiDOG LLC. These Terms are a legal contract between you and MiDOG™, LLC (referred to as “MiDOG™”, also referred to as “We”, “Our” or “US”, herein). By checking the box when checking out for your order of the Service or otherwise ordering the Service you agree to these Terms.

​1. Updates

We may change or modify the Terms at any time at our sole discretion. The most current version of the Terms (and Privacy Policy) can be viewed clicking on the “Terms of Service” (or “Privacy Policy” Link) link at the bottom of the page.

2. Ordering a Service: All-in-One Classic, All-in-One Exotic, All in One Urine Test, and Microbiome Research Projects (Collectively a “Service”)

You promise that you are of legal age when ordering a Service from our Service offerings and agree and acknowledge to this requirement for ordering the Service. Further, you agree to provide a sample (“Sample”) under your order and that we own the Sample material (e.g. “DNA”, “RNA”, or “protein”) and data generated therefrom once it is received. Once you submit your order for the Service, we will not cancel the order or refund your fee.. The fee we charge you for the Service is a processing fee, which we generally do not refund even if we cannot complete the Service for any reason; for example due to sample or processing problems or issues, or if you change your mind immediately after ordering, delay using the Sample collection device more than six months, or if the report (“Report”) we provide to you is not to your liking. This is true regardless of how soon after submission you might attempt to request cancellation of the order. Therefore, please review ALL information carefully prior to ordering the Service via the Site. You may order for others such as for family members or friends but each such individual, including corporations, must create their own account. Notwithstanding the foregoing, in some cases we may allow certain orders for a Service to be cancelled to be determined at Our sole discretion. All fees or prices are per our Price list in effect at the time of ordering and are subject to change without notice. Payment terms are net 30 days from the invoice date unless an agreement has been previously established prior to ordering. If an order for a Service is authorized to be cancelled after the Sample has been shipped reduced shipping charges apply per our price list in effect at the time of ordering. You may inquire for volume discounts or for custom projects at info@midogtest.com or calling Us at 833-456-4364.

3. Sample Requirements

We provide you one sample collection device, including instructions for use for obtaining skin swabs from a Dog or exotic non-canine and non-feline animals (i.e. “Canis familiaris”; or other exotic species, collectively, the “Sample”) based on your selection on the Site free of charge subject to a shipping fee which we provide in our price list in effect when you order the Service,. The fee we charge for the Sample collection device is per our price list in effect at the time of ordering. This Sample collection device is designed to provide for enough sample material (“DNA”) for processing and performing the MiDOG™ the Service one time. If your Sample does not provide enough DNA we will notify you and send one replacement Sample device for a second attempt to process your Sample. If the replacement Sample collection device does not provide enough DNA for performing the Service you agree this terminates the order and agree that must pay for any replacement Sample collection device or re-order paying for Service again.

4. Delivery of Report

We will try to process your Sample and estimate delivery of your Report to you within five business days after receiving the sample at our laboratory 14762 Bentley Circle, Tustin, California. The Report will comprise three items: 1) A panel of potential pathogens detected in the sample and how their numbers compare to clinically healthy dog skin; 2) The eight most abundant bacterial and fungal organisms that are detected in the animal sample; 3) The total microbial diversity is summarized. An exemplary Report can be viewed clicking on the link at the bottom of this page. This five day period of time to deliver the Report may change due to our order volume, any issues with our platform, or other reasons. By ordering the Service you acknowledge and agree that the time for us to deliver the Report may vary and may exceed our estimated five days to deliver the Report.

5. Privacy

By using the Services and Site you indicate that you understand the information collection, use, and disclosure practices described in the Privacy Policy. Our Privacy Policy can be assessed link at the bottom of the page.

6. Your Representations

By ordering the Service and using the Site or otherwise you agree, acknowledge and promise the following is true and that you have the legal authority in the jurisdiction in which you reside to make these statements:

6.1 You understand and acknowledge that the Service is not intended to be health information or medical data or to be used to screen, diagnose, treat, prevent or assess risk of any disease or condition.

6.2 You give permission for MiDOG™ and its research laboratory (“Research Laboratory”) or other associates to process your Sample and perform the MiDog™ Service on the Sample and to use the Sample and data generated therefrom for any reason per these Terms.

6.3 You represent that you are an individual person of legal age to enter into contracts and are authorized to order the Service.

6.4 You understand that by providing your Sample processed for the Service that you do not acquire any rights to any intellectual property of any kind in the Service or improvements made to the Service or new Services or products made therefrom.

6.5 You promise that you are not a covered entity or business associate of a covered entity as defined under federal law or an insurance company or employer seeking information on a policy holder or employee or alternately you consent or have obtained consent to receive the Report for your Dog.

6.6 You promise that the information that you provide for the Service is accurate to the best of your knowledge and that the Sample is your Dog’s sample or that you have consent to use the Sample.

7. Copyright, Trademark and Intellectual Property

All materials on the Site, including but not limited to written content, images, illustrations, downloads, audio clips, and video clips (“Material”) are owned or controlled by MiDOG™ and are protected by worldwide copyright laws (as well as trademark and other applicable intellectual property laws). You may download Material only for your personal, non-commercial purposes (viewing, reading and retaining for reference) but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTION, OR DUPLICATING OF ANY OF THE MATERIAL (WHETHER FOR COMMERCIAL OR NON-COMMERCIAL PURPOSES) IS PROHIBITED. All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to MiDOG™ or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of MiDOG™, or its associates (e.g. Research Laboratory or other associate), or any third party.

8. Prohibitions

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws.

9. Registration

To register for the Service, you will create login credentials by providing an email address to us and by selecting a username and password. You also provide us certain information during the registration process, which you agree to keep accurate and updated. Each login is for a single user only. You are not allowed to share or disclose your login credentials with any other user or person. We may cancel or suspend your access to the Service and Site if you share your credentials. You will be responsible for all usage and activity on your account, including use of the account by any third party authorized by you to use your login credentials, and for all charges for any goods or services. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under these Terms. You must be of legal age to use the Service and Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

10. Third Party Content

The Service may contain third-party owned content and links to other websites (“Linked Sites”). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of MiDOG™. MiDOG™ is not responsible for the content or privacy practices of the Linked Sites.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS.” WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE SITE FROM TIME TO TIME. IF YOU RELY ON THE SERVICE AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MIDOG DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICE OR OTHERWISE BY MIDOG, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATA DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICE OR AVAILABLE THROUGH THE SITE, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE MIDOG OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. MIDOG MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE MIDOG DISCLAIMS ALL RESPONSIBILITY FOR THE SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICE. 12. Limitation of Liability. IN NO EVENT WILL THE MIDOG™ OR ITS RESEARCH LABORATORY, ASSOCIATES OR AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, PRIVACY OR ANY OTHER BASIS, EVEN IF THE MIDOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MIDOG’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

13. Indemnification

You shall indemnify and hold harmless MiDOG™, including its officers, directors, employees, and agents including its Research Laboratory associate and other associates from any and all liability, claims, loss, damages, expenses, or judgments (including court or arbitration costs and attorneys’ fees) arising from an act or omission or representation of you for violation of the Terms or use of the report and data generated from the Service performed by MiDOG™. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

14. Governing law and Dispute Resolution

This Agreement shall be construed and interpreted in accordance with the laws of the state of California without regard to conflict of law principles. Both parties to this Agreement agree that disputes may arise from time to time with regard to either party’s rights or obligations under this Agreement and further agrees to negotiate in good faith for at least sixty (60) days to seek resolution of any such dispute before third parties may be asked to interpret this Agreement for any such dispute. The parties also agree that all such remaining disputes shall be resolved by final and binding arbitration by a single arbitrator agreed to by the parties or designated by the American Arbitration Association (“AAA”) by its rules in effect on the effective date of this Agreement. Any arbitration under this Agreement shall be in Irvine or Costa Mesa, California. Except as required by law, the parties, their representatives, other participants, and the arbitrator shall hold the existence, content and result of the arbitration in confidence. Nothing in this clause shall be construed to preclude a party from seeking injunctive relief to protect its rights pending arbitration. A request by a party to a court for such injunctive relief shall not be deemed a waiver of the obligation to arbitrate. By using the Service, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.

15. Termination

MiDOG™ may terminate this agreement for any reason at any time. MiDOG™ reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

16. General

No Waiver. The failure of MiDOG™ to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MiDOG™ as a result of these Terms or your access to and use of the Services. Unless otherwise specified herein, the Terms constitute the entire agreement between you and MiDOG™ and govern your use of the Service and Site. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

animal diagnostics

Validated by Veterinarians

“Clients expect their veterinarians to stay up to date on all matters that affect the health and well being of their non-human family members. The current technique that we have used to determine the presence and antibiotic sensitivity of organisms causing disease in our pets is over a century old.

With the emergence of dangerous antibacterial resistance, it is critical that veterinarians are able to offer laser focused diagnostics and treatment. MiDog enables us to offer care that exceeds the typical standard of care.”

Bernadine Cruz, DVM, Laguna Hills Animal Hospital Laguna Woods, CA

“I love the absolute abundance and comparing the fungal with bacterial infection. I do not worry as much about getting a false negative urinary infection reading as I do with traditional urine cultures. Several times the same urine would culture negative but MiDOG would detect pathogens.”

Michael Morgan, DVMQuail Animal Hospital, Tustin, CA

“The MiDOG All-in-One Test is amazing, I would use it instead of culture and sensitivity.  Such rapid and detailed results, I will reach for MiDOG before culture next time!

Thank you very much MiDOG, for sharing the opportunity to try your technology.”

Martha Smith-Blackmore, DVM, President of Forensic Veterinary Investigations, LLC – Boston, MA

The MiDOG All-in-One Microbial Test is our new gold standard of pathogen identification. The results are so accurate and valuable – especially with assessing both bacterial and fungal infections with the same sample.

Thank you MiDOG!”

Kathy Wentworth, DVM, Diplomate ABVP Canine and Feline Practice – PetPoint Medical Center, Irvine, CA

“The MiDOG staff was extremely helpful and supportive.”

Cathy Curtis, DVM – London, UK

“I have had great results using the MiDOG® Test. Compared to traditional culture tests, I am better able to target the treatment for dogs because the MiDOG® Test is so sensitive that it identifies all pathogens including bacteria and fungi, as well as antibiotic sensitivity.

The cost and turnaround time are about the same as a culture test, but I get much more data. The test has great performance and I believe the NGS technology will be a game changer for veterinarians treating dogs with lesions or other infections.”

Michael Kavanagh, DVM, Practice owner – Saddleback Animal Hospital, Tustin, CA

“It’s helpful to have an NGS spectrum because it gives you a broader insight of what’s happening and what might be going on.”

Richard Harvey BVSc DVD DipECVD PhD FRSB FRCVS – European Specialist in Veterinary Dermatology – Head of Dermatology, Willows Veterinary Centre & Referral Service – Solihull, England UK

“I have been using MiDog for over 4 years now and exclusively as my test of choice for all cultures for 3 years.  It is so great to submit a culture and feel confident there will be a result when it comes back, especially for urine cultures.  The reports were intimidating at first because they contain so much information.  After the first few, I am now quickly able to glance over it and pick out the highlights.  I can then come back later and pour over all the details.  I have been extremely pleased with my patients’ results using the test as well.  I don’t envision ever going back to traditional culture and susceptibilities again.”

Brian M. Urmson, DVM, Columbiana Veterinary Associates

“As an exotic veterinarian, there are numerous tests we have to consider to check specific bacterial and fungal organisms based on the species. MiDOG eliminates the need for many of these separate samples and provides definitive results quickly to help us treat our patients more efficiently and effectively. The lab is wonderful to work with and has never rejected our samples- they even processed a lizard toe we amputated and determined the cause of skin infection.”

Dr. Melissa Giese, Chicago Exotics Animal Hospital

“MiDOG’s diagnostic approach offers the unique ability to identify pathogens that evade traditional culture and sensitivity testing. I have found that adding a molecular based testing approach in the form of Next Generation Sequencing (NGS) from MiDOG to my routine diagnostic cultures can be extremely helpful in the identification and diagnosis of uncommon pathogens in veterinary medicine.”

Dr. Wayne Rosenkrantz, Animal Dermatology Clinic – Tustin

“She [Dr. Krumbeck] really did a great job of making complicated concepts accessible and demonstrating the value of your services. I’m really looking forward to working with MiDOG on my research project!”

Dr. Yaicha Peters, Animal Dermatology Clinic – San Diego

“As a proud collaborator with MiDOG, I deeply appreciate their dedication to fostering partnerships between industry and veterinary experts. Their commitment to enhancing diagnostic quality for veterinarians is commendable. In my experience, their support has been invaluable, earning them a ‘Double A+, Triple Star’ rating. Their assistance has been faultless, contributing significantly to the success of my projects and studies. I eagerly anticipate our continued collaboration.”

Dr. Richard Harvey, BVSc DVD DipECVD PhD FRSB FRCVS; European Specialist in Veterinary Dermatology

“We’re seeing that, if we prescribe too many antibiotics or they’re taken too frequently, animals are developing inappropriate or pathogenic strains of bacteria. We’re also seeing that our antibiotics are just not working against them anymore… It’s a good example of why we need better diagnostic testing, like MiDOG, so that we’re selecting the correct antibiotic every time our patients have an infection.”

Dr. Alissa Rexo, DVM, CVA, DACVD, Mid-Atlantic Veterinary Dermatology

“The NGS technique as offered by MiDOG is wonderful because pathogens like Melissococcus plutonius, for example, are difficult to grow and keep alive in the laboratory. A standard laboratory cannot truly examine or even properly diagnose this pathogen in bee hives at this time. But with NGS, we can reliably diagnose it.”

Dr. Joerg Mayer, Entomologist and Microbiologist at the University of Georgia

“For me, as a clinician and as a researcher, I see the immense value in the product [the All-in-One Test]. I have had great success using MiDOG clinically, including identifying Mycoplasma in a 24 year old pigeon, a Nannizziopsis spp in a ball python from a large pet distributor, Mycoplasma and Fusobacterium necrophorum co-infection in a peacock, and to identify an abnormal gut GI in a technician’s dog that tested negative for everything else (but we were able to establish what was abnormal, and work toward fixing it).”

Dr. Jeremy Rayl – Veterinarian, Block House Creek Animal Hospital, Cedar Park, Texas