Terms of Service for Pet Care Platforms

Last Updated: August 15, 2024

Welcome to Pawwise! These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Pawwise, Inc. (“Pawwise,” “we,” “us,” or “our”). This document outlines our obligations and responsibilities when you visit or use our website located at www.thepawwise.com (“Website”), use our mobile application (“Application”), or access any products, services, or content offered by Pawwise (collectively, the “Services”). Please read these Terms carefully before using our platform, as they contain important information about your legal rights, remedies, and obligations.

These Terms include our Privacy Policy, which is incorporated by reference, and any other guidelines, rules, or terms that may be applicable to particular offerings or features of the Services. By using the Services, you acknowledge and accept our Privacy Policy and agree to the collection and use of information as described therein.

1. Definitions

To help you understand these Terms, we’ve defined some important terms:

Understanding our Terms of Service helps ensure a positive experience on our platform

2. Account Registration and Eligibility

To access certain features of the Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update such information as necessary. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree that you will not:

• Create more than one account for yourself
• Create another account if we have disabled your account
• Buy, sell, rent, or lease access to your account
• Share your account or login credentials with any third party
• Log in or attempt to log in to access the Services through unauthorized third-party applications or clients

We reserve the right to refuse registration of, or cancel, an account in our sole discretion. You are responsible for all activities that occur under your account, whether or not you know about or authorize them.

3. Description of Services

Pawwise provides an online platform that offers pet care information, resources, and product recommendations to help pet owners make informed decisions about their pets’ health, nutrition, and overall well-being. Our Services may include, but are not limited to:

We may modify, update, or discontinue any aspect of the Services at any time without prior notice. We make no guarantees about the availability or continuity of the Services.

4. Medical Disclaimer

Always seek the advice of a qualified veterinarian with any questions you may have regarding your pet’s health or medical condition. Never disregard professional veterinary advice or delay in seeking it because of something you have read on the Services.

If you think your pet may have a medical emergency, call your veterinarian or an emergency animal hospital immediately. Reliance on any information provided by Pawwise, its employees, others appearing on the Services at the invitation of Pawwise, or other visitors to the Services is solely at your own risk.

Any health-related Content on our platform is reviewed for accuracy, but healthcare knowledge is constantly evolving, and we cannot guarantee that all information will be up-to-date or error-free. We make no warranties, express or implied, regarding the completeness, accuracy, reliability, or suitability of the health information provided.

5. User Responsibilities

As a User of our Services, you have certain responsibilities that help ensure a positive experience for everyone in our community. By using the Services, you agree to:

Always consult with a qualified veterinarian for professional medical advice about your pet

You acknowledge that you are solely responsible for all decisions regarding your pet’s care, including decisions about products, services, or treatments. Pawwise provides information to assist you in making these decisions but does not assume responsibility for the outcomes of your choices.

6. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

Additionally, you agree not to:

• Use the Services for any illegal purpose or in violation of any local, state, national, or international law
• Harass, threaten, or intimidate other Users
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Use the Services to send unsolicited communications, promotions, or advertisements
• Attempt to circumvent any technological measure implemented by Pawwise to protect the Services
• Use the Services to collect or store personal data about other Users without their express consent

Violation of these prohibitions may result in the termination of your access to the Services and may subject you to civil and/or criminal liability.

7. Intellectual Property Rights

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and User Content (collectively, the “Pawwise Content”), and all intellectual property rights related thereto, are the exclusive property of Pawwise and its licensors.

Subject to these Terms, Pawwise grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your personal, non-commercial use. This license does not include any resale or commercial use of the Services or the Pawwise Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or the Pawwise Content; or any use of data mining, robots, or similar data gathering and extraction tools.

Pawwise’s content is protected by intellectual property laws

All trademarks, service marks, and trade names used on the Services are proprietary to Pawwise or its licensors. You may not use our trademarks, service marks, or trade names except as expressly permitted in writing.

If you believe that any content on the Services infringes upon your copyright rights, please contact us at copyright@thepawwise.com with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed
• A description of where the material that you claim is infringing is located on the Services
• Your address, telephone number, and email address
• A statement by you 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, made 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

8. User Content and Licenses

Our Services may allow you to post, submit, publish, display, or transmit User Content, such as reviews, comments, feedback, and other materials. By providing any User Content on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media.

When you share content on our platform, you grant us certain rights to use that content

You represent and warrant that:

• You own or control all rights in and to the User Content you provide
• All of your User Content is accurate and does not violate these Terms
• Your User Content does not violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights
• Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
• Your User Content does not promote animal cruelty or unsafe pet practices

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Services. We have the right to:

• Remove or refuse to post any User Content for any reason
• Take any action with respect to User Content that we deem necessary or appropriate
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
• Take appropriate legal action for any illegal or unauthorized use of the Services
• Terminate or suspend your access to all or part of the Services for any violation of these Terms

9. Content Moderation and Guidelines

Pawwise maintains a set of content guidelines to ensure that all User Content contributes positively to our community. We reserve the right to moderate all User Content and may remove or refuse to display content that we believe violates our guidelines or these Terms.

Our content moderation team works to maintain a helpful and safe community

Our moderation process may include:

• Automated filtering to identify potentially problematic content
• Human review of flagged content
• Community reporting mechanisms for inappropriate content
• Graduated responses based on the severity and frequency of violations

We strive to apply our guidelines consistently, but moderation decisions are ultimately at our discretion. If you believe content has been incorrectly moderated, you may appeal the decision by contacting our support team at support@thepawwise.com.

10. Third-Party Links and Content

The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pawwise. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.

Our platform may connect you to third-party websites and services

You expressly relieve Pawwise from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms, are solely between you and such advertisers.

Affiliate Disclosure

Pawwise participates in various affiliate marketing programs, which means we may receive commissions on purchases made through our links to retailer sites. When we feature products or services on our platform:

• We may receive compensation when you click on links to those products or services
• The products and services we recommend are selected based on research, testing, and editorial judgment
• Our recommendations are not influenced by affiliate relationships, though the compensation may impact how and where products appear on our platform
• We disclose affiliate relationships in accordance with Federal Trade Commission (FTC) guidelines

You should always conduct your own research before purchasing any product or service recommended on our platform. Prices and availability of products are subject to change without notice.

11. Disclaimers and Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PAWWISE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PAWWISE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PAWWISE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT:

• The accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the Services
• The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Services
• The efficacy, safety, or appropriateness of any product, treatment, or advice mentioned on the Services

Understanding our disclaimers helps clarify the scope and limitations of our Services

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PAWWISE, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Any pet care decisions made based on information provided through the Services

IN NO EVENT SHALL PAWWISE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE AMOUNTS PAID BY YOU TO PAWWISE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to defend, indemnify, and hold harmless Pawwise, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms
• Your User Content
• Your use of the Services
• Your violation of any rights of another
• Your negligent or willful misconduct

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Services.

13. Term and Termination

These Terms shall remain in full force and effect while you use the Services. We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

We may terminate accounts that violate our Terms of Service

If you wish to terminate your account, you may simply discontinue using the Services, or you may contact us at support@thepawwise.com to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. We are not responsible for any loss or harm related to your inability to access the Services following termination.

14. Dispute Resolution

Initial Dispute Resolution

We are committed to resolving disputes in a fair and efficient manner. If you have a concern or dispute about the Services, you agree to first contact us at legal@thepawwise.com and attempt to resolve the dispute informally.

Binding Arbitration

If we cannot resolve a dispute informally, you and Pawwise agree to resolve any and all disputes, claims, or controversies arising out of or relating to these Terms, the Services, or any other aspect of the relationship between you and Pawwise (each, a “Claim”) through final and binding arbitration, except as set forth below.

Our dispute resolution process is designed to address concerns fairly and efficiently

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules then in effect. The arbitration will be heard by a single arbitrator selected in accordance with the AAA’s rules. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.

The arbitrator’s decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

Class Action Waiver

YOU AND PAWWISE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pawwise agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

Exceptions to Arbitration

Notwithstanding the foregoing, you and Pawwise agree that the following Claims are not subject to the above provisions concerning binding arbitration:

• Any Claims seeking to enforce or protect, or concerning the validity of, any of your or Pawwise’s intellectual property rights
• Any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use
• Any claim for equitable relief

In addition, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

15. Governing Law and Jurisdiction

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Our Terms are governed by the laws of the State of Delaware

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

17. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Pawwise concerning your use of the Services.

Waiver and Severability

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Pawwise’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Pawwise may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices

Any notices or other communications provided by Pawwise under these Terms will be given by posting to the Services or via email to the address you provide to us. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Our general provisions help ensure these Terms function properly in various legal contexts

No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Pawwise.

Force Majeure

Pawwise shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

18. Contact Us

If you have any questions about these Terms, please contact us at:

Our support team is available to answer any questions about our Terms

19. Acknowledgment

BY USING THE SERVICES OR OTHER PAWWISE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU SHOULD NOT USE THE SERVICES.