Petnet, Inc. (“Petnet”) provides: (i) a Petnet user account website that may be accessed at petnet.io (“Website”), (ii) services accessible through the Website, including “SmartShop” functionality (“Web Services”), and (iii) software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”), all for use in conjunction with Petnet hardware products (“Products”) and in other ways that Petnet provides. The term “Services” means, collectively, the Website, Web Services, and Mobile Apps.
These Terms of Service (“Terms”) govern your access to and use of the Services. These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE SERVICES (INCLUDING THE WEBSITE AND MOBILE APPS), YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH SUCH ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SERVICES. AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATES OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES. THE SECTIONS BELOW DESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES, PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING AND ACCEPTING THEM.
To use the Services, you must register for a user account (“Account”) through the Website and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (i) all required registration information you submit is truthful and accurate, (ii) you will maintain the accuracy of such information, and (iii) your use of the Services does not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You may not use another user’s account without the express permission of the account holder. You agree to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify Petnet of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. You agree that Petnet is not liable for any loss or damage arising from your failure to comply with the above requirements.
We may offer paid subscription plans made available through the Service. If you provide a credit card or other payment method accepted by Petnet and sign up for a monthly or annual paid subscription, you are expressly agreeing that Petnet (or our designated third-party payment provider) is authorized to charge your payment method for the applicable subscription fee (plus any applicable taxes) on a recurring monthly or annual basis, as applicable. Your subscription will continue in effect and renew on a recurring basis until cancelled.
(b) Customer Service. If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact Petnet.
(c) Term and Termination. These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, Petnet may suspend or terminate these Terms with respect to you and your rights to access or use the Services if Petnet in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines, terms, or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account (as defined below) and will need to register for a separate Account with Petnet. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.
(d) Access. Subject to these Terms, Petnet grants you a nontransferable, nonexclusive, right (without the right to sublicense) to access and use the Services by: (i) using the Web Services in connection with, and solely for the purpose of, controlling and monitoring the Products installed on your property or otherwise accessing a service explicitly provided by Petnet for your use (the “Permitted Purpose”), and (ii) installing and using the Mobile Apps solely on your own handheld mobile devices or tablets (e.g., iPhone, iPad, or Android smartphone) and solely for the Permitted Purpose.
(e) Updates. Petnet may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your sole remedy is to terminate your Account and stop using the Services and the Products. You acknowledge that you may be required to install Updates to use the Services and the Products and you agree to promptly install any Updates Petnet provides to you.
(f) Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services, (iii) you agree not to access the Services in order to build a similar or competitive service or product, (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Products, the Product Software, or any other system, device or property, (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks or of Petnet, (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by Petnet; and (viii) you agree not to remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition or change to the functionality of the Services shall be subject to these Terms.
(g) Open Source Software. Certain items of open source software code may be included in the Web Services and/or Mobile Apps that are subject to open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.
(i) Modification of Services. Petnet reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Petnet will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
(j) Access Outside Certain Countries. Although the Website is accessible worldwide, the Products and Services provided or accessed through or on the Website are not available to all persons or in all countries. If you choose to access the Website from outside a country in which Petnet supports the Product and Services listed here ("Target Country"), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Website is not designed for use in a non-Target Country and some or all of the features of the Website may not work or be appropriate for use in such a country. To the extent permissible by law, Petnet accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Website in a non-Target Country. You will be bound by these Terms wherever you access or use the Website or use the Services.
(a) Intended Use. The Services are intended to be accessed and used for non-time-critical information and control of Petnet products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Petnet’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications, and mobile carriers, among others. You acknowledge these limitations and agree that Petnet is not responsible for any damages allegedly caused by the failure or delay of the Services.
(b) Reliability of Notifications. You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY SAFETY OR CRITICAL PURPOSES RELATED TO YOU OR YOUR PET.
(c) Temporary Suspension. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Petnet does not offer any specific uptime guarantee for the Services.
(d) System Requirements. The Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Products, (ii) an Account, (iii) a supported phone or tablet (required for some functionality), (iv) always-on broadband Internet access in your home, and (v) other system elements that may be specified by Petnet. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
(e) Pet Health and other Benefits. Petnet does not guarantee or promise any specific level of pet weight loss, pet health, or other benefit from the use of the Products or Services, or any feature of them. Actual results from use of the Services and Products vary with factors beyond Petnet’s control or knowledge. You agree not to seek monetary or other remedies from Petnet based on your results of using the Products and Services. The Services provide you information (“Product Information”) regarding the Products and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date.
(a) General. The Services rely on or interoperate with third party products and services. These third party products and services are beyond Petnet’s control, but their operation may impact or be impacted by the use and reliability of the Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the Services operate, and (iii) Petnet is not responsible for damages and losses due to the operation of these third party products and services.
(b) Third Party Service Providers Used By Petnet. You acknowledge that Petnet uses third party services providers to enable some aspects of the Services, such as, for example, data storage, synchronization, and communication through web service providers and mobile device notifications through mobile operating system vendors and mobile carriers.
(d) App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps (each an “App Store”), e.g., the App Store from Apple or the Android app market from Google. You acknowledge that these Terms are between you and Petnet and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
(e) Third Party Referrals. The Website may contain links to other websites operated by third parties (“Third Party Websites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Websites and Referred Vendors are not under Petnet’s control. Petnet provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Websites or Referred Vendors. Your use of these Third Party Websites is at your own risk.
(f) Release Regarding Third Parties. Petnet is not responsible for third parties or their products and services, including the App Stores, Third Party Products and Services, Third Party Websites, Referred Vendors, Equipment, ISPs, and Carriers. You hereby release Petnet and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
(a) Ownership; License. You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Products, Product Software, and Services (including the Website, Web Services, and Mobile Apps) are owned by Petnet or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property. Petnet and its affiliates, licensors, and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms. You may only copy parts of the Services (including this Website) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you may copy or incorporate any of the content of the Services into any other work, including your own website without the written consent of Petnet. You must have a license from us before you can post or redistribute any portion of the Services. Petnet retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.
(b) Your Ideas. You may choose to, or Petnet may invite you to, submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Petnet under any fiduciary or other obligation. Petnet may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Petnet does not waive any rights to use similar or related ideas previously known to Petnet, developed by its employees, or obtained from other sources.
You agree to indemnify and hold Petnet and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of your violation of these Terms. Petnet reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Petnet and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Petnet’s prior written consent. Petnet will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE WARRANTY FOR THE PRODUCTS AND PRODUCT SOFTWARE ARE SET FORTH IN THE LIMITED WARRANTY AND THE EULA. THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. PETNET DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SOFTWARE, INCLUDING ANY HEALTH BENEFITS FOR PETS OR COST SAVINGS DUE TO USE OF THE SOFTWARE. PETNET MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU USE ALL PRODUCT INFORMATION (AS DEFINED BELOW), THE SOFTWARE, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND PETNET DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOURSELF AND YOUR PET RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SOFTWARE, OR PRODUCT.
NOTHING IN THESE TERMS AND IN PARTICULAR WITHIN THIS "LIMITATION OF LIABILITY" CLAUSE SHALL ATTEMPT TO EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (I) PETNET BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF PETNET KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) PETNET’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO PETNET OR PETNET’S AUTHORIZED RESELLER FOR THE SERVICES OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. PETNET DISCLAIMS ALL LIABILITY OF ANY KIND OF PETNET’S LICENSORS AND SUPPLIERS.
You should contact Petnet concerning any defects or performance issues in the Services using the contact information provided below. Petnet will make reasonable efforts to respond to questions relating to the Services, but makes no representation or warranty that it will resolve all questions or that questions will be answered within a given time. Petnet shall be under no obligation to provide any other support or maintenance services for the Services. The market or application store from where you downloaded the Services has no responsibility to provide support and maintenance for the Services or its installation, and all requests for any support and maintenance, and any complaints, with respect to the Services should be addressed to the Petnet by email at email@example.com.
Petnet does not guarantee or promise any specific level benefit to you or your pet from the use of the Products or Software or any feature of them. Actual benefits vary with factors beyond Petnet’s control or knowledge. Recommendations made by the Software in connection with the frequency of food orders, the type of food ordered, or any related information and/or suggestions should be independently validated by you and adjusted to any specific circumstances unique to your situation. The Software provides you information (“Product Information”) regarding the Products and their connection with other products and services. All Product Information is provided “as is” and “as available”. Petnet cannot guarantee that it is correct or up to date.
(a) Contact Petnet First. You agree that you will notify Petnet about any dispute you have with Petnet regarding these Terms or anything else by contacting Petnet.
(b) Binding Arbitration. You and Petnet agree, subject to Section 10(c), (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Services to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this Section. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review, or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Service. Subject to Section 10(c), (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms or your use of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.
(c) Arbitration Procedures. You must first present any claim or dispute to us by contacting Petnet to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to Petnet. Petnet may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with Section 10(f) (Notifications). The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this agreement. The place of any arbitration will be Los Angeles, California, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award, on an individual basis, damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor Petnet, nor the arbitrator may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
(d) No Class Actions. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
(e) Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and Petnet. Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration hearing.
(f) YOU MUST CONTACT PETNET WITHIN ONE YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
(g) This Section 9 shall survive termination of these Terms.
(a) Modifications to Terms. Petnet reserves the right to make changes to these Terms. You should ensure that you have read and agree with our most recent terms of service when you use the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
(b) Governing Law. These Terms are governed by the laws of the State of California without giving effect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the state and federal courts in or for Los Angeles County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in these Terms.
(c) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding anything in these Terms to the contrary, Petnet may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(d) Entire Agreement/Severability. These Terms constitute the entire agreement between you and Petnet regarding the use of the Services. Any failure by Petnet to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(e) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Petnet’s prior written consent. These Terms may be assigned by Petnet without restriction. These Terms are binding upon any permitted assignee.
(f) Notifications. Petnet may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on the Website. Petnet is not responsible for any automatic filtering you or your network provider may apply to email notifications. Petnet recommends that you add Petnet’s URLs to your email address book to help ensure you receive email notifications from Petnet.
(g) Disclosures. Please see here for Petnet’s address: 1035 S Grand Ave, 2nd Floor, Los Angeles, CA 90015. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.