TERMS OF SERVICE
Last updated: May 24, 2016
Thank you for visiting DogSync! Designed specifically for dog owners, the DogSync mobile application (the “Service”) enables households to communicate and delegate tasks like walking and feeding dogs swiftly and painlessly.
By installing the Service, you are entering into a legal agreement with DogSync Inc. (“us”, “we”, or “our”) and you agree to be contractually bound by these terms of service (the “Terms of Service”).
The Service is for personal and non-commercial use. You are responsible for ensuring that your pets are properly cared for. The Service is a tool but does not replace the exercise of your good judgment and should be used responsibly.
Any transaction performed on or through the Service may be subject to additional terms and conditions or terms of sale.
When you create an account with us, you must provide information about yourself that is true, accurate, complete, and current at all times, including but not limited to a valid email address (collectively, the “Account Information”). You agree to update your Account information as necessary to keep it accurate.
You understand and agree that you are solely responsible for maintaining the confidentiality of your Account Information (including passwords) and for restricting access to your hardware device while using the Service. You agree to accept responsibility for all activities that occur under your account.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and all content published or otherwise accessible through the Service, including but not limited to text, designs, images, photographs, graphics and code (collectively, the “Content”) is protected by intellectual property laws to the maximum extent permitted. The Content, including the copyright in the Content, is the property of DogSync Inc. DogSync Inc. grants you a limited license to display or print the Content for your own personal and non-commercial use. Nothing contained in the Service should be construed as granting, by implication, or otherwise, any license or right to use any trade-mark displayed on or through the Service without the prior written permission of DogSync Inc. or such third party that may own the trade-marks displayed through the Service. Your misuse of the trade-marks displayed through the service, or any other Content, except as provided in these Terms of Service, is strictly prohibited.
You may not assign, sublicense or otherwise transfer any of your rights under these Terms of Service.
Prohibited use of the Service
You shall not use the Service in any way that would interfere with its operation nor submit any content through the Service which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws.
Links to Other Websites
The Service may contain links to, or be accessed from links on other websites. DogSync Inc. does not have responsibility for, or control of, the contents, availability, operation or performance of other websites to which the Service may be linked or from which the Service may be accessed. DogSync Inc. makes no representation of any kind whatsoever regarding the content of any other websites which you may access from the Service. DogSync Inc. also cannot guarantee the privacy policies of these other sites and suggests you check the privacy policies of those websites directly.
You acknowledge and expressly agree that your use of the Service is at your sole and own risk. You agree to defend, indemnify and hold DogSync Inc. and its affiliates as well as their respective directors, officers, employees and representatives harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms of Service by you or users of your account, or in any way arising out of the use of (or failure to use) the Service, including without limitation, the placement or transmission of any information or other materials on the Service by you or users of your account.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, DogSync Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any damages whatsoever including, direct, indirect, incidental, special, consequential or punitive damages, arising out of or in connection with the use or performance of the Service or any other site you or users of your account may access while using the Service or the content on the Service, even if advised of the possibility of such damages.
Disclaimer of Warranties
To the fullest extent permissible pursuant to applicable law, DogSync Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties or conditions of merchantability or fitness for a particular purpose, non-infringement of third party rights, freedom from computer virus, and warranties arising from course of dealing or course of performance. DogSync Inc. does not represent or warrant that the functions contained in the Service will be uninterrupted or error free, that defects will be corrected or that the Service or the server which makes the Service available are free from viruses or other harmful components. The Service and its content are provided to you “as is” and “as available” and without warranty or condition of any kind, whether express or implied.
We reserve the right to terminate or suspend access to the Service at any time without notice and for any reason whatsoever, including, without limitation, if you breach these Terms of Service.
We reserve the exclusive right to modify these Terms of Service at any time. Non-material changes and clarifications will take effect immediately. If a revision is material we will make reasonable efforts to provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Any continued use of the Service will be deemed conclusive of your acceptance of the modified Terms of Service.
Governing Law and Jurisdiction. These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the Province of Quebec, except in cases where the laws of the Canadian jurisdictions in which you reside require that such laws apply, in which case, the laws of such jurisdiction shall apply, and in each case the laws of Canada applicable therein. To the maximum extent permitted by applicable laws, the parties irrevocably attorn to the jurisdiction of the course of the Province of Quebec.
Entire Agreement. These Terms of Service and all other documents referenced herein constitute the entire agreement between us and you with respect to your use of the Service.
Waiver. Our failure to insist upon, or enforce strict performance, of any provision of this agreement shall not be construed as a waiver of any provision or right.
Severability. If any of these Terms of Service is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.
Language. The parties have required that these Terms of Service and all related documents be drawn up in English. Les parties ont demandé que ces termes et conditions ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
If you have any questions about these Terms of Service, please contact us at email@example.com