Researcher – PetPace

PETPACE – TERMS OF USE

These Phrases of Use (“Phrases” or “TOU”) describe the phrases and situations underneath which PetPace provides you sure Companies and a restricted license to make use of our proprietary Software program (as such phrases are outlined under), as additional described under. 

BY TENDERING PAYMENT FOR THE SERVICES, ACTIVATING AND/OR USING THE COLLAR AND/OR THE SOFTWARE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS and SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS. WE RESERVE THE RIGHT TO UPDATE AND CHANGE THE TERMS FROM TIME TO TIME WITHOUT ACCEPTANCE BY YOU. 

IF YOU DO NOT AGREE WITH THIS OR WITH ANY OF THE TERMS BELOW, YOU SHOULD (i) DISCONTINUE USE OF THE RELATED SERVICES IMMEDIATELY (ii) promptly return the System (together with Documentation and packaging) to PetPace, to the tackle set forth under; and (iii) instantly stop any and all use of the Software program, and absolutely delete the Software program, if downloaded.

To the extent that you’ve bought, topic to an acceptable buy order duly exercised with PetPace, a license to make the most of the Companies and Software program for Analysis Use (as outlined under), then you definitely shall be entitled to make the most of the System, Software program and Companies for such Analysis Use, topic to the phrases and situations set forth herein. 

PLEASE READ CAREFULLY BEFORE USING THE DEVICE AND SOFTWARE:

1. DEFINITIONS

SERVICES:

PetPace provides a number of of the next options as a part of its Companies (the “Companies”):

• Accumulating and processing biometric information factors, which have been measured by the System, their automated transmission to PetPace’s servers, and their storage in PetPace’s database.
• Producing analytics, insights and experiences primarily based on the information collected, together with comparisons to earlier information of this animal or different animals
• Sharing of data with members of your group or group
• Monitoring Targets and different well being and wellbeing-related parameters
• Monitoring the animal’s location 
• Every other Companies provided or typically made obtainable by PetPace and which have been duly bought by you.

SOFTWARE:

The “Software program” shall embrace, any and all software program, together with elements offered by suppliers and licensors to PetPace, bundled with the PetPace product bought by you, the online accompanying utility and cell utility, and collar embedded firmware, as such could also be up to date on occasion.

DEVICE:

The collar, charger and some other {hardware} offered to you in reference to the Companies (the “System”).

2. Utilization Tips and Restrictions

The System transmits information through WiFi, Bluetooth or mobile connection to PetPace cloud server over the web. Consequently, you acknowledge that many options and providers of the System transmit information and will entail fees to your information plan or web service supplier, and that you’re answerable for any such fees.

3. So as to maximize the efficiency of the System it will be important that you just observe all directions and upkeep necessities, and that you don’t dismantle or modify the System in any approach. Failure to observe these directions might adversely have an effect on the supposed use of the System, and in such occasion PetPace shall not be answerable for any damages precipitated in relation thereto.
4. THE DEVICE AND THE SOFTWARE IS ONLY TO BE USED WITH CANINES AND FELINES. THE DEVICE IS NOT TO BE USED WITH HUMAN BEINGS OR ANY OTHER ANIMAL SPECIES UNDER ANY CIRCUMSTANCES.

5.  Subscription; License
   1. Periodic Subscription. Any use of the Companies, System and Software program is topic to You then at the moment holding a then legitimate subscription, bought by you in full underneath the phrases set forth under. You could buy a periodic subscription for the usage of the Companies for any subscription time period then at the moment provided by PetPace, topic to the phrases and situations herein. 
   2. Private Use License. Topic to your buy of a then at the moment legitimate subscription to make the most of the Companies, together with full and well timed fee of all consideration due, PetPace hereby grants to you a non-exclusive, non-sublicensable, non-transferable restricted license to make use of the Software program however solely together with the System, correctly registered, and solely in accordance with the accompanying documentation (Documentation), solely in your private use for the advantage of your pet animal, and just for the time and within the scope permitted throughout the framework of the relevant subscription which you’ve bought. The Software program could also be downloaded and put in freed from cost however your use of it and receipt of the Companies (as outlined under) is topic to your well timed fee for the Companies and also you holding a then at the moment legitimate subscription to make the most of the Companies. 
   3. Analysis License.
      1. However the foregoing, to the extent you’ve bought the Companies for “Analysis Use” (as outlined under), you’re hereby granted a  non-exclusive, non-sublicensable, non-transferable restricted license to make use of the Software program however solely together with the System, correctly registered, and solely in accordance with the accompanying documentation (Documentation), just for such Analysis Use, topic to and in accordance with the phrases of this EULA and the phrases of the relevant buy order. For the aim of this EULA, “Analysis Use” means use of the Companies, System and Software program, within the method supposed and described within the Documentation, solely for the aim of performing analysis or different inner organizational biometric monitoring actions, whereas you’ll not cost consideration or fee of any type with respect to make use of of the Companies, Gadgets and/or Software program together with, with out limitation, from any people collaborating within the analysis. Nevertheless, any info or outcomes you derive from use of the Companies, System and Software program throughout the framework of your analysis could also be printed or utilized by you with respect to some other providers or merchandise which you propose to commercialize. However the foregoing or something on the contrary, info and/or outcomes derived from use of the System, Software program and/or Companies for such analysis actions will not be used with respect to any merchandise and/or providers which compete with the System, Software program and/or Companies. 
      2. You could make the most of every System for its goal, and throughout the framework of the foregoing license, you shall be entitled to grant a sublicense to your analysis members who’re taking part within the analysis (because the homeowners or caretakers of the pet animals), in order that such analysis members shall be entitled to make use of the System on their animals in accordance together with your directions and necessities throughout the framework of your analysis, offered that the knowledge obtained from such System is conveyed to your account and in your use. You could share such info together with your analysis topics at your sole discretion. The foregoing proper to sublicense, with respect to every of your analysis members, shall be topic to every such analysis topic executing Analysis Participant Declaration hooked up hereto as Exhibit A. You shall promptly present any and/or all such Analysis Topic Declarations to PetPace upon its first request to take action.  As a situation for the foregoing sublicense, you hereby undertake to convey to your analysis participant the phrases and situations of use of the System, Software program and Companies as set forth herein and/or some other relevant documentation offered by PetPace, and also you hereby symbolize and warrant that you just shall be liable and answerable for the total compliance of your analysis members with the phrases and situations hereunder.

4. License and Utilization Limitations. However something on the contrary, you could not use the Software program, System and/or Companies, aside from the Analysis Use permitted hereunder. With out derogating from the foregoing, besides to the extent in any other case expressly and unambiguously licensed by PetPace in writing or, with respect to any restriction which is explicitly prohibited by relevant regulation, you shall NOT in any other case: (i) modify, translate, reverse engineer, decompile, disassemble or create by-product works primarily based upon the System, the Software program, Documentation or any Pets’ Knowledge; (ii) make any copies of the Software program or Documentation; (iii) hire, lend, lease, switch, sublicense, redistribute, promote or in any other case switch rights to the Companies, System, Software program or Documentation; (iv) take away any proprietary notices or labels on the System or Documentation; or (v) add, combine or mix some other software program with the Software program; (vi) make any use of the Companies, System, Software program or Documentation for any enterprise or industrial goal or for any analysis/research goal, tutorial or in any other case, until in any other case expressly agreed by PetPace in writing underneath a separate license settlement. 

Moreover, you could not use the Companies, the Gadgets, the Software program, Documentation and/or any Pet’s Knowledge: (a) use the Companies to violate any relevant native, state, nationwide or worldwide regulation; (b) related to the Companies, or disobey any necessities, procedures, insurance policies or rules of networks related to the Companies; (c) circumvent, disable, or in any other case intrude with security-related options of the Companies, or options that forestall or prohibit use or copying of any a part of the Companies; (d) delete, or in any method alter, the copyright, trademark, or different proprietary rights notices showing in any a part of the Companies; and (e) acquire any info or supplies regarding the Companies or by means of any means not deliberately made obtainable by PetPace to you, or try to achieve unauthorized entry to the Companies, or any know-how, laptop techniques, or networks related to the Companies, or try to index, search, or crawl the Companies with any automated course of or different comparable mechanism.

ANY SUCH FORBIDDEN USE OF THE SERVICES AND/OR SOFTWARE AND/OR DEVICES AND/OR DOCUMENTATION AND/OR PET DATA SHALL IMMEDIATELY TERMINATE YOUR LICENSE TO THE SOFTWARE WITHOUT DEROGATING FROM ANY RIGHTS AND/OR REMEDIES AVAILABLE TO PETPACE UNDER THESE TERMS AND/OR UNDER APPLICABLE LAW.

5. You agree that you just shall solely use the Companies, System, Software program and Documentation in a fashion that complies with all relevant legal guidelines within the jurisdictions wherein you employ the System, together with, however not restricted to, relevant restrictions regarding related copyright and different mental property rights and/or the export controlling rules.

6. REGISTRATION

If you wish to entry or use the Companies, you can be required to register for a PetPace account (an Account). By registering, you agree to supply correct, present, and full info, and to maintain your Account updated always, together with your billing info. Data obtained from you, together with by means of the Companies, will likely be stored and maintained by PetPace as described within the License. You could be sure that the e-mail tackle and/or cellphone quantity that you just present as a part of the registration course of is, and stays, legitimate and monitored by you.

When registering, you can be requested to supply a username and password. Please don’t select a login identify that’s indecent or offensive, or in any other case violates the Phrases or any relevant legal guidelines or rules. PetPace reserves the proper to reclaim any username that doesn’t adjust to these Phrases.

You’re answerable for safeguarding your username and password that you just use to entry your Account and also you undertake to not disclose it to any third celebration. You hereby assume accountability for all actions taken underneath your Account by you or any third events. You’ll notify PetPace instantly of any unauthorized use of your Account.

7. USAGE

The Companies will solely work if the System’s battery is charged and the System is correctly fixed to the animal, and the gadget is in proximity to lively WiFi or BLE networks, or underneath protection of an accepted Mobile community, with which PetPace operates. The Companies monitor the Measurable Parameters over time, analyzing the information and trying to find irregularities. Because of the intermittent monitoring and importing of the Measurable Parameters, the Companies will not be relied upon for receiving alerts in case of emergencies.

8. PAYMENT AND BILLING

PetPace provides customers a number of plans to select from, every for a sure periodic fee and period. The costs and options of any plan are topic to vary at any time.
To the extent permitted by relevant regulation, Your plan will robotically renew previous to its expiration, and the type of fee on file will robotically be charged accordingly.

Subscription charges are non-refundable and non-transferable. Accordingly, in the event you elect to cancel your plan subscription, you can be entitled to a proportionate refund of subscription charges for the unused subscription interval. IT IS YOUR RESPONSIBILITY TO CANCEL THE PLAN AT LEAST 7 BUSINESS DAYS PRIOR TO THE RENEWAL IN ORDER TO NOT BE CHARGED.

If for any purpose, you fail to duly pay to PetPace any charges required underneath this Settlement, PetPace shall have the proper to cancel the Companies offered to you and terminate this Settlement inside 7 days from the date any such fee was due and stays unpaid.

9. INDEMNIFICATION

You agree that you’re solely accountable in direction of PetPace and in direction of any third celebration, for any breach of your obligations underneath these Phrases and for the results, together with any loss or injury which PetPace might endure, on account of any such breach, and for some other damages, losses, prices and/or liabilities precipitated in connection together with your use of the Gadgets, Companies and/or Software program. You comply with defend (if PetPace so requests), indemnify, and maintain PetPace, its subsidiaries, and associates, and their respective administrators, officers, shareholders, and staff, innocent from any bills, prices, judgments, damages, loss, legal responsibility, declare, or demand (together with however not restricted to any attorneys’ charges) made by any third celebration arising out of any breach by you (or a person of your Account) of any phrases or situations of those Phrases or your violation of any rights of one other, whether or not you’re a registered person or not.

10. PETPACE INTELLECTUAL PROPERTY RIGHTS

IP Rights. However something on the contrary, all proper, title and curiosity together with, with out limitation, any and all mental property rights (of any type in any way, whether or not registered or not, in any jurisdiction worldwide) in and to the Software program, the System, the Companies, any and all Pets’ Knowledge (as outlined in our Privacy policy) and Documentation, and to any and all modifications, enhancements, enhancements, updates, upgrades and/or any derivatives thereto, shall be solely and completely owned by PetPace (together with all its related suppliers/licensors) and/or its licensors and/or enterprise companions, as relevant. The System, the Software program and underlying ideas are protected by copyright legal guidelines, together with these of the USA, the EU and worldwide copyright treaties.

The emblems, service marks and logos used and displayed on the System and PetPace’s web site are registered and unregistered emblems and repair marks of PetPace and others. You could not make the most of any logos and/or emblems and/or service marks associated to PetPace, and/or to the Companies, Software program and/or System, with out receiving an acceptable written license from PetPace particularly approving such use. 

11. THIRD PARTY SERVICES AND MATERIALS

The Companies and / or Software program might embrace hyperlinks or in any other case allow entry to 3rd celebration providers and web sites (together with ads of third events), and the chance to launch or in any other case provoke sure purposes or web sites that will not be owned or managed by PetPace. We assume no accountability for the content material, privateness insurance policies, or practices of any third celebration. You acknowledge and agree that PetPace is not going to be answerable for any injury to your smartphone or Pc that outcomes from the usage of third celebration merchandise or web sites. You additional acknowledge and agree that PetPace doesn’t endorse any third celebration merchandise or web sites, and PetPace shouldn’t be answerable for inspecting or evaluating the content material, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, high quality or some other side of such third celebration supplies or web sites.

12. PRIVACY POLICY

In the midst of the supply of the Companies, information which will establish or make a pure particular person identifiable (“Private Knowledge”) could also be collected and processed by PetPace in your behalf. You symbolize that you’ve all the required rights to allow PetPace to course of the Private Knowledge in your behalf, together with, with out limitation, when required, any third celebration’s consent or to the extent required underneath any relevant information safety and privateness legislations {that a} authorized foundation helps the lawfulness of the processing. As well as, to the extent required by the relevant information safety and privateness legislations, you’re answerable for making certain that every one obligatory info and privateness notices are offered to people whose Private Knowledge is processed by PetPace in the middle of the supply of its Service.

PetPace respects your privateness and the privateness of third events their Private Knowledge could also be processed in the middle of offering the Companies, and has created a coverage to handle privateness considerations. Any use of the System, Software program or Companies is ruled by our Privacy Policy .The Privateness Coverage is hereby integrated into these Phrases by reference, and constitutes an integral a part of these Phrases.

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13. LIMITED PRODUCT WARRANTY
    1. PetPace warrants that the PetPace System shall function substantively in accordance with its relevant specs, with out defects in supplies and workmanship, underneath regular use for a interval of ONE (1) YEAR from the date of buy by the unique end-user purchaser (the “Guarantee Time period”). If the System or any half thereof, is confirmed to be materially faulty in materials or workmanship, as decided by the PetPace at its sole discretion, throughout the Guarantee Time period, PetPace will at its sole discretion both (1) restore the {hardware} defect freed from cost for elements and labor, (2) change the Product with an identical gadget which permits the designated use of the unique Product. The foregoing treatments shall be the only treatments within the occasion of any defects within the Gadgets and/or Software program. 
    2.  The foregoing product warrant doesn’t apply: (a) to the alternative of consumable gadgets, provides or equipment, together with batteries; (b) to break precipitated on account of pure disasters, hearth, electrical surges, air con, mud or humidity management; (c) to break precipitated on account of accidents, theft, abuse, negligence, misuse, vandalism, corrosion, or any causes aside from strange use for which the System was designed; (d) to break precipitated on account of alterations or repairs to the System by anybody aside from PetPace or a PetPace licensed service supplier; (e) to break brought on by working the Product not in keeping with PetPace directions and tips; (f) to beauty injury together with however not restricted to, marks, scratches, dents, and so on.; and (g) If any PetPace serial quantity has been eliminated or defaced. PetPace holds the only discretion to find out whether or not a sure System will likely be validated underneath this guarantee. 
    3.  The Guarantee Time period for a repaired / refurbished System would be the the rest of the unique Guarantee Time period or three (3) months following alternative or restore, whichever is longer.
    4. The restricted product guarantee set forth on this Part is in lieu of all different warranties expressed or implied, together with any implied guarantee of merchantability or health for a selected goal, and no particular person is allowed to imagine for PetPace some other legal responsibility in reference to the sale of the System. 
    5. To acquire manufacturing unit service, the System must be shipped to PetPace. The shopper shall bear the price of cargo to PetPace, and PetPace shall bear the price of return cargo from PetPace to the client.
    6. PetPace shall use greatest efforts to make sure that repaired or changed Gadgets and / or elements will likely be returned to the client inside 30 days (not together with delivery instances) from the date that PetPace obtained the System from the client.
    7.  Publish-Guarantee Time period providers could also be obtainable for the System. A buyer desirous about such ought to contact PetPace no less than 60 days previous to the tip of the Guarantee Time period, and request submit guarantee providers. Within the occasion that such providers can be found, the client will likely be required to enter right into a Publish Guarantee Companies Settlement with PetPace. 

14. DISCLAIMERS OF WARRANTIES

The Companies are meant for use together with the System and Software program. The Companies are supposed to file the next health-related parameters of the animal carrying the System: (i) heart rate, (ii) respiration, (iii) temperature, (iv) motion, (v) place (vi) hrv, (vii) location, and (viii) by-product, calculated parameters (the Measurable Parameters). PetPace then analyses and shops this info and carry out historic information evaluation. It being clarified, nevertheless, that the usage of the Companies, Gadgets and Software program is meant for informational functions solely. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY, PETPACE IS NOT ENGAGED IN PROVIDING NOR DOES PETPACE PURPORT TO PROVIDE OR REPLACE PROFESSIONAL MEDICAL EXAMINATIONS, ADVICE, prognosis, TREATMENT, OR CLINICAL RECOMMENDATIONS.

YOU ACKNOWLEDGE THAT PETPACE IS NOT A LICENSED HEALTH CARE PROVIDER AND HAS NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING ANIMALS’ MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY ACTIVITY ON AN ANIMAL’S MEDICAL CONDITION, AND THAT THE USE OF THE SERVICES IS NOT A SUBSTITUTE FOR INDEPENDENT MEDICAL DECISION MAKING BY A QUALIFIED VETERINARY PHYSICIAN. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU RECEIVE IN CONNECTION WITH THE DEVICE, SERVICES AND/OR SOFTWARE. ADDITIONALLY, NEVER BASE ANY MEDICATION OR OTHER VETERINARIAN TREATMENT SOLELY ON THE RESULTS OF THE INFORMATION OBTAINED VIA THE SERVICES, DEVICE AND/OR SOFTWARE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN CONDUCT WITH RESPECT TO YOUR PET’S MEDICAL NEEDS AND ANY RELIANCE UPON THE DEVICE, SERVICES OR THE SOFTWARE SHALL NOT DIMINISH YOUR RESPONSIBILITY TO CONSULT WITH LICENSED PRACTITIONERS FOR ANY DIAGNOSES, TREATMENTS, MONITORING AND OTHER HEALTH-RELATED NEEDS.

YOU ACKNOWLEDGE THAT ANY INFORMATION PROVIDED VIA THE SERVICES OR SOFTWARE OR IN CONNECTION WITH THE DEVICE IS FOR INFORMATIONAL PURPOSES ONLY, IS MEANT TO SERVE AS A SUPPLEMENTARY SOURCE OF INFORMATION FOR YOU AND/OR YOUR VETERINARIAN, AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PET’S VETERINARIAN OR ANY OTHER MEDICAL PROVIDER, NOR TO SERVE AS A REPLACEMENT FOR ANY VETERINARIAN OR MEDICAL TESTS OR EXAMINATIONS WHICH MAY BE REQUIRED TO BE PERFORMED BY YOUR VETERINARIAN OR MEDICAL PROVIDER UNDER THE APPLICABLE CIRCUMSTANCES.

VETERINARY PHYSICIANS AND OTHER HEALTHCARE PROFESSIONALS WHO USE THE SERVICES SHOULD EXERCISE INDEPENDENT CLINICAL JUDGMENT AS TO THE INFORMATION THEY PROVIDE, AND NOT RELY ON THE SERVICES OR INFORMATION DERIVED THEREFROM AS A CONCLUSIVE SOURCE FOR DIAGNOSIS. CONSUMERS WHO USE THE SERVICES DO SO AT THEIR OWN RISK. IF YOUR PET HAS ANY TYPE OF MEDICAL CONDITION, YOU ARE SPECIFICALLY CAUTIONED TO SEEK PROFESSIONAL MEDICAL ADVICE FOR IT.

THE SERVICES, SOFTWARE, DEVICE, DOCUMENTATION AND OTHER MATERIALS AND USE THEREOF, ARE PROVIDED ON AN “AS IS” BASIS. THE ENTIRE RISK ARISING OUT IN CONNECTION WITH THE PERFORMANCE OF ANY OF THE FOREGOING IS BORNE BY THE USER.

NEITHER PETPACE NOR ITS AFFILIATES, EMPLOYEES, PERSONNEL, OFFICERS, DIRECTORS, SHAREHOLDERS, CONSULTANTS OR ANY THIRD PARTIES WHO PROMOTE OT OTHERWISE ENGAGED WITH THE SERVICES, DEVICE AND/OR SOFTWARE (“PETPACE ENTITIES”) SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE PROVIDE BY VETERINARIANS AND OTHER PROFESSIONALS EVEN IF SUCH ADVICE IS PROVIDED RELYING ON, USING, OR ASSISTED BY, THE SERVICES, SOFTWARE AND/OR DEVICE.

You expressly acknowledge and agree that, to the extent permitted by relevant regulation, use of the Companies, System and Software program is at your sole threat and that all the threat as to passable high quality, efficiency, accuracy and energy is with you. To the utmost extent permitted by relevant regulation, and besides as in any other case expressly set forth herein, the System, the Software program and any providers are offered as is and as obtainable, with all faults and with out guarantee of any type, and PetPace hereby disclaim all warranties and situations with respect to the System, the Software program and Companies, both categorical, implied or statutory, together with, however not restricted to, the implied warranties and/or situations of merchantability, passable high quality, health for a selected goal, accuracy, and non-infringement of third celebration rights. No oral or written info or recommendation given by PetPace or a licensed consultant thereof shall create a guaranty.
PetPace doesn’t warrant in opposition to interference together with your enjoyment of your Smartphone, the System, the Software program or the Companies, that the features contained therein will meet your necessities, that the operation of the System, Companies or Software program will likely be uninterrupted or error-free, that any Service will proceed to be made obtainable, that defects within the Companies, System or Software program will likely be corrected, or that the Companies System or Software program will likely be appropriate or work with any third celebration software program, purposes or third celebration providers. Word that use and set up of the System or the Software program might have an effect on the usability of third-party software program, purposes or third celebration providers.

You additional acknowledge that the Companies are usually not supposed or appropriate to be used in conditions or environments the place the failure or time delays of, or errors or inaccuracies in, the content material, information or info offered by the Companies might result in demise, harm, or extreme bodily or environmental injury.

The Companies are restricted to the nation the place you reside, and PetPace shouldn’t be obligated to supply them wherever else. With out derogating from the above, it’s hereby clarified that Companies could also be interrupted, as a result of completely different causes, together with web connection malfunctions, interference with different communication units, and so on.

The Companies function on a periodic foundation. Each sure period of time the System will try to transmit information to the PetPace servers. PetPace can not assure that the transmittal of information will likely be profitable each time, nor that the information transmitted will embrace any or all the Measurable Parameters as there are lots of variables that may intrude with the measurement of the Measurable Parameters and the transmission hereof.

Besides as offered for in PetPace’s product’s Restricted Guarantee coverage as set forth in Part 14 above, ought to the System, the Software program or providers show to be faulty, you assume all the value of all obligatory servicing, restore or correction. In such jurisdictions which don’t enable the exclusion of implied warranties or limitations on relevant statutory rights of a shopper, the above exclusion and limitations is not going to apply. 

15. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL PETPACE OR ANYONE IN ITS BEHALF, BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES AND/OR THE DEVICE AND/OR SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PETPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 

IN NO EVENT SHALL PETPACE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE DAMAGE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL PETPACE OR ANYONE IN ITS BEHALF BE LIABLE FOR ANY DAMAGES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PETPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) ANY NON-PROVISION, LIMITATION OR INTERMISSION OF THE SERVICES FOR ANY REASON NOT UNDER CONTROL OF PETPACE, INCLUDING ANY ACT AND/OR OMISSION BY YOUR INTERNET SERVICE PROVIDER AND/OR ANY THIRD PARTY; (2) ERRONEOUS / NON-UPDATED, PARTIAL, OFFENSIVE OR FAULTY DATA; (3) A LOSS, THEFT OR ANY OTHER UNLAWFUL USE OF THE DEVICE AND ANY AND ALL PASSWORDS, CODES, USERNAMES OR ANY COMBINATION THEREOF, WHICH ARE REQUIRED BY YOU IN ORDER TO RECEIVE THE SERVICES OR ANY PART THEREOF, INCLUDING AND WITHOUT DEROGATING FROM THE ABOVE- THE USER’S CREDIT CARD NUMBER; (4) AN ACT OF GOD OR ANY OTHER REASON WHICH IS NOT UNDER CONTROL OF PETPACE.

16. Extra Particular Provisions concerning Guarantee and Legal responsibility

With out derogating from and along with some other provisions herein,  and however something on the contrary, you hereby agree and acknowledge that the next particular phrases shall additionally apply to your use of the Companies, Software program and Gadgets: (a) you hereby agree and acknowledge that (i) the Companies, Software program and Gadgets are offered, besides as in any other case expressly set forth herein, with none warranties and/or representations on an “AS IS” foundation; and (ii) You shall be solely answerable for any damages precipitated in connection together with your use of the Companies, Software program and/or Gadgets, and also you hereby undertake to totally indemnify and maintain PetPace innocent in opposition to any and all damages, losses, prices, liabilities and/or bills incurred by PetPace on account of your use of the Companies, Software program and/or Gadgets; and (iii) you undertake that you just previous to partaking any analysis participant for the aim of use of the Companies, Software program and/or System throughout the framework of your Analysis Use, you shall make such buyer conscious of the phrases and situations of use of those, and clearly state that the information is offered as a way of help and will not be relied upon for any goal. You shall additionally be sure that such analysis topic executed the Analysis Participant Declaration hooked up hereto as Exhibit A.

17. PROVISION AND MODIFICATION OF THE PETPACE SITE AND SERVICES

The availability of Companies or any half thereof is topic to the potential for provision, their availability and the precise subscription. PetPace reserves the proper, in its sole discretion, to switch the Companies. PetPace shall be entitled to assign any third celebration its rights to supply the Companies and/or acquire the funds from the customers in accordance with these Phrases and/or some other proper it’s entitled to.

18. TERMINATION

PetPace might terminate these Phrases of Service, and the licenses granted hereunder, and/or the supply of the Companies at any time and for any purpose by offering you with a 30 days prior written discover, and shall return any charges paid by you for Companies prematurely, for the interval following such termination, if any. However the above, PetPace shall be entitled to instantly stop provision of some or all the Companies instantly, at its sole discretion, and any rights underneath the License will terminate robotically with out discover from PetPace ought to a number of of the next happen (a) you fail to pay any fee as a result of PetPace (if such breach shouldn’t be cured inside 10 days), (b) within the affordable opinion of PetPace a fraud or some other criminal activity is performed by means of or by the System, (c) upon cessation for any purpose of your ongoing enterprise operation, in case you’re a company entity (d) in the event you have been declared bankrupt or a receiver or short-term or everlasting liquidator (or an identical officer) was appointed for you, or a request to nominate such officer or comparable officer was filed with the courtroom or authorities authority and was not withdrawn inside 30 days, and (e) you’ve breached a number of provision of those Phrases.
The provisions of this settlement which by nature are supposed to survive termination or expiration shall so survive together with, with out limitation, the provisions of Sections 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21.

19. GOVERNING LAW AND SEVERABILITY

These Phrases will likely be ruled by and construed in accordance with the legal guidelines of the state of New York, excluding its battle of regulation ideas. The License shall not be ruled by the United Nations Conference on Contracts for the Worldwide Sale of Items, the appliance of which is expressly excluded. All disputes, controversies or variations which can come up between the Events out of, in relation to, or in reference to this Settlement, or for any breach thereof, shall be lastly settled by the competent courts of the State of New York, USA. 

If for any purpose a courtroom of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the rest of this License shall proceed in full power and impact.

20. COMPLETE AGREEMENT; GOVERNING LANGUAGE

These Phrases constitutes all the settlement between you and PetPace regarding the System, the Software program and supersedes all prior or contemporaneous understandings concerning such material. No modification to or modification of those Phrases will likely be binding until in writing and signed by PetPace. Any translation of the Phrases of Service or License is finished for native necessities and within the occasion of a dispute between the English and any non-English variations, the English model of this License shall govern, to the extent not prohibited by native regulation in your jurisdiction.

21. CONTACTING US

If in case you have any questions concerning any of those Phrases, this License or the usage of the Software program or the System, please contact us by email.

Exhibit A

Analysis Participant Knowledge Assortment and PetPace T&Cs Declaration

You have been offered by Enterprise Identify with a PetPace wi-fi collar designed to supply a well being and well-being monitoring answer that tracks very important indicators and different physiological information of your pet (“Pet Knowledge”). The collar repeatedly screens your pet, whether or not the pet is within the clinic, outdoors or at dwelling and gives completely different info and alerts to Enterprise Identify, that’s displayed on a chosen PetPace platform (“Platform”).

You perceive and acknowledge that when such monitoring is performed, some behavioral info (which can embrace private info) could also be by the way collected about you as effectively, as your Pet Knowledge which incorporates your pet’s reactions and site might infer details about you.

You consent and authorize Enterprise Identify to gather your private info as talked about above for the utilization of the Platform when offering you with the PetPace wi-fi collar. You additional authorize Enterprise Identify to share such info with PetPace for operation functions of the Platform. 

You additional acknowledge that Enterprise Identify has conveyed to you PetPace’s normal phrases and situations making use of to your use of the PetPace wi-fi collar and associated software program, platform and providers and also you hereby affirm that, having reviewed such normal phrases and situations, you hereby comply with such phrases and situations and undertake to totally adjust to such phrases and situations.