TERMS OF SERVICE

Effective: May 18, 2019

These Terms of Service (the “Terms”) are a binding legal agreement between you and Kipi, a company incorporated under the laws of Luxembourg with a registered office at 8 Rue de l'Ouest, L-2273 Luxembourg, Luxembourg, (“Pet Alert,” “we,” “us” and “our”). The Terms govern your use of our software applications, resources and services for pet owners to help them find their lost pet by informing the Pet Alert community (our “Pet Alert Service”). The Terms govern all use of the Pet Alert Service, whether you access it from our website at https://www.petalert.com (or any localized version) (the “Site”), our mobile applications and mobile websites, our Facebook application, our online or phone support offerings, or any other access point we make available to you. Our Terms and other Policies applicable to your use of the Pet Alert Service are incorporated by reference into these Terms of Service. BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE PET ALERT SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE PET ALERT SERVICE.

You understand and agree that we may change the Terms from time to time, and that any such changes will be effective when we post the modified Terms on the Pet Alert Service, unless otherwise required by applicable law. Your continued access and use of the Pet Alert Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.

The Pet Alert Service consists of a desktop Web application, mobile applications, and other related tools, support and services that pet owners (“Pet Owners”) can use to help them find their lost pet by informing the Pet Alert community. The Pet Alert Service includes our emergency support services and other services. We charge fees for some aspects of the Pet Alert Service, as described below in Section 9.

Pet Alert is not a research service and does not provide research services. We make no representations or warranties about the fact that your pet will be found.

You acknowledge and agree that, Pet Alert has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Pet Owners, whether online or offline. You acknowledge and agree that, Pet Alert shall not incur any liability if your pet is not found.

By accessing and using the Pet Alert Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Pet Alert Service.

You acknowledge that Pet Alert is entitled to rely on these commitments from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.

By accessing and using the Pet Alert Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Pet Alert Service.

You acknowledge that Pet Alert is entitled to rely on these commitments from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.

When you use the Pet Alert Service, you agree:

• To use the Pet Alert Service only in a lawful manner and only for its intended purposes.
• Not to use the Pet Alert Service to arrange for the care of: (a) exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators, horses or other livestock; (b) any animal whose ownership or third-party care is prohibited under applicable law; or (c) any animal that has a history of, or which has been trained for, attacks on pets or people.
• Not to submit viruses or other malicious code to or through the Pet Alert Service.
• Not to use the Pet Alert Service, or engage with other users of the Pet Alert Service, for purposes that violate the law.
• Not to use the Pet Alert Service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Pet Alert Service.
• Not to use the Pet Alert Service for purposes of competing with Pet Alert or to promote other products or services.
• Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
• Not to post “spam” or other unauthorized commercial communications.
• To use the Pet Alert Service only for your own purposes, and not to impersonate any other person.
• Not to transfer or authorize the use of your account for the Pet Alert Service by any other person, or to engage in fraudulent transactions.
• Not to provide false information in your profile on, or registration for, the Pet Alert Service, or to create multiple or duplicate accounts.
• Not to interfere with our provision of, or any other user’s use of, the Pet Alert Service.
• Not to solicit another user’s username and password for the Pet Alert Service or any other sensitive personal information, including bank details.

You understand and agree that we have no obligation to provide the Pet Alert Service in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Pet Alert Service: (1) if in our discretion your conduct on the Site or Pet Alert Service is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) if necessary in our discretion to protect Pet Alert, its users, pets, or the public. You may suspend or terminate your use of the Pet Alert Service at any time and for any reason. If you wish to deactivate your account, please contact Pet Alert.

In order to use some aspects of the Pet Alert Service, you will be required to create a username, password, and user profile. If you elect to use the Pet Alert Service, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Pet Alert suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for the Pet Alert Service, and you agree not to authorize anyone else to use your username and password. You are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.

Our collection and use of your personal information on the Pet Alert Service is described in our Privacy Statement. By accessing or using the Pet Alert Service, you acknowledge that you have read and understand the Privacy Statement.

We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Pet Alert Service or otherwise in connection with using the Pet Alert Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”).

Except for the limitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant Pet Alert an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Pet Alert Service, and to sublicense these rights to third parties.

If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Pet Alert and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.

You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.

Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Pet Alert Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.

This section 8.1 applies only to users in the United States. You consent to Pet Alert communicating with you about the Pet Alert Service by SMS, text message, email and other electronic means, including autodialed text messages and phone calls containing service information and/or marketing messages, even if your phone number is on the do-not-call list. Your carrier's normal messaging, data and other rates and fees will apply to these communications. You are not required to provide this consent to receive marketing messages as a condition of purchasing anything or using the Pet Alert Service, and you may opt-out of receiving these messages and calls at any time as described in our Privacy Statement (though you may continue to receive messages while Pet Alert processes your request).

In the event you deactivate a mobile phone number provided to us, you agree to update your Pet Alert account information promptly to ensure that messages are not sent to the person who acquires your old number.

All fees and other payments referenced on, or charged through, the Pet Alert Service are listed and payable in local currency.

We charge service fees for some aspects of the Pet Alert Service. Those fees are detailed on the “Fees” section of the Site.

• General Terms for Cancellations. If you wish to cancel a Pet Alert Service, you should use the mechanisms available through the Site to do so. If you cancel a Pet Alert Service prior to the Pet Alert Service is performed, we will refund the service fees.
• Force Majeure. The cancellation policies described here above may not apply in the event of certain emergency situations beyond the control of Pet Alert that make it impossible or impractical to perform the Pet Alert Service, such as evacuations resulting from earthquake, hurricane, wildfire, flood, war, riots or other similar disaster.

When you pay for the Pet Alert Service, you will be required to provide us with valid, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding Pet Alert Service. You authorize us to charge your credit card or other payment method for fees you incur on the Pet Alert Service as they become due and payable, and to charge any alternative payment method Pet Alert has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that Pet Alert will be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via the Pet Alert Service are non-refundable once paid.

If you believe in good faith that your copyrighted work has been infringed by content posted on the Pet Alert Service, please provide us with a written notice that includes all of the following information:

• A description of the copyrighted work you believe to have been infringed;
• A description of the URL or other location on our Site of the material you believe to be infringing;
• Your name, mailing address, telephone number and email address;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

The Pet Alert Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PET ALERT HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) breach of these Terms; (2) disputes with other users of the Pet Alert Service; (3) your misstatements, misrepresentations, or violation of applicable law; (4) property damage or personal injury to third parties caused by your pet; or (5) Your Content. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.

Pet Alert retains all right, title and interest in and to the Pet Alert Service, the technology and software used to provide it, all electronic documentation and content available through the Pet Alert Service (other than Your Content), and all intellectual property and proprietary rights in the Pet Alert Service and such technology, software, documentation and content. Except for your rights to access and use the Pet Alert Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Pet Alert Service any feedback or suggestions for improvement that you provide to us concerning the Pet Alert Service, without any obligation of compensation.

The information and materials found on the Pet Alert Service, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Pet Alert Service, but not directly by Pet Alert, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PET ALERT DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE PET ALERT SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PET ALERT; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE PET ALERT SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PET ALERT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PET ALERT SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE FACT THAT YOUR PET MAY BE FOUND.

To the maximum extent permitted under applicable law, in no event will Pet Alert be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Pet Alert Service, including without limitation damages related to any information received from the Pet Alert Service, removal of your profile information or review (or other content) from the Pet Alert Service, any suspension or termination of your access to the Pet Alert Service, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Pet Alert Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EXCEPT FOR THE LIMITED REFUND AMOUNTS PAYABLE BY PET ALERT THAT ARE SET FORTH IN SECTION 9, AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PET ALERT’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE PET ALERT SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO PET ALERT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABLITY OR, IF YOU HAVE NOT PAID PET ALERT FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PET ALERT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE PET ALERT SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE PET ALERT SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE PET ALERT SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.

These Terms, and any dispute between you and Pet Alert, will be governed by the laws of the State of Delaware, without regard to principles of conflicts of law. Unless you and we agree otherwise, or except where prohibited by applicable law, you agree that any claim or dispute that arises between you and Pet Alert must be resolved exclusively by a state or federal court located in the State of Delaware. You and Pet Alert agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims or disputes.

The laws of England shall govern these terms, except that if you live in a country outside of England but within the EEA, certain mandatory applicable laws of your country will apply for your benefit and protection in addition to or instead of certain provisions of English law. Any dispute that arises between you and Pet Alert must be resolved by the English courts or the courts in your country if you live in the EEA outside of England.

the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr provides information about alternative dispute resolution, which you may use if there is a dispute that cannot be resolved between you and the relevant party.

Nothing in this Agreement will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

For questions or concerns about the Pet Alert Service or these Terms, please contact us.

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