PetDesk® User Terms of Service
Welcome to PetDesk! PetDesk is a technology platform that connects pet parents and pet care providers to help track your pet’s care all in one app! Before using PetDesk, please take some time to carefully read our Terms of Service below (“Terms,” or “Agreement”). The Terms below constitutes a binding contract between you and PetDesk.
Effective Date: March 31, 2020
1.1 Scope. These Terms of Service (“Terms”) govern your use of the services made available by Locai, Inc. (“PetDesk,” “we,” or “us”) through our app and any other platform we may make available to you from time to time (“Service”), which enables you to monitor and manage: the health and wellbeing of each of your pet(s); data (including health data) about your pets and how such data is shared with other users of the Service and with Third-Party Services Providers whom you choose to share such data; and any related services offered by third-party services concerning your pet(s) via the Service which you elect to receive and may be interested in receiving (each instance, a “Third-Party Service”) and provided by such third parties (e.g., veterinarians, groomers, boarders, etc.) (each, a “Third-Party Service Provider”), subject to the terms and conditions of each such Third-Party Service as offered by such Third-Party Service Provider. Your continued use of the Service constitutes your acceptance of these Terms. If you do not agree with these Terms at any time, you agree to immediately cease use of the Service.
1.2 Updates. We reserve the right to modify these Terms prospectively at any time. We will post any changes to these Terms on our website, and will indicate the date the Terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the updated Terms.
1.3 NOTICE OF BINDING ARBITRATION AND CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE OR CLAIM RELATED TO THESE TERMS, OR ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION 9 BELOW.
2. The Service.
2.1 Fees. The Service is currently provided free of charge to you, although you are responsible for any third-party fees that you may incur when using the Service, including any fees assessed pursuant to any Third-Party Service and any Internet connection fees. We reserve the right in the future to provide updated products, services and offerings via our Service to you (“New PetDesk Offerings”) which may or may not be provided free of charge. You will be informed of any changes or updates to the Service, including with respect to any New PetDesk Offerings, where PetDesk charges you for your use of the Service in advance of your incurrence of any such charges.
2.4 Responsibility for Your Account. You agree to provide us with true, accurate and complete Personal Information and Pet Information as requested in the registration process and to set up your Account on the Service platform, and to update such information promptly from time to time as necessary to keep it current and accurate. You are solely responsible for any authorized or unauthorized access to or use of your Account by any person, and for all fees and charges incurred for the Service by your Account. You agree to notify us promptly (at email@example.com) regarding any unauthorized access to or use of your Account. You further agree that you will remain liable for any fees and charges incurred by your Account for any Third-Party Services.
2.5 Eligibility. The Service is not available to individuals under the age of 18 or to any user whose access we have terminated for any reason.
2.6 Third-Party Service Providers; Third-Party Services.
2.6.3 No Endorsement; Dealings with Third-Party Service Providers. You acknowledge that PetDesk does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any Third-Party Service made available through the Service, or endorse any Third-Party Service Provider making any Third-Party Service through the Service. You acknowledge that any use of any Third-Party Service available through the Service will be at your own risk.
2.6.4 No Obligations for Third-Party Services. You acknowledge that any use of any Third-Party Service and associated transaction is between you and the applicable Third-Party Service Provider. You acknowledge that we have no obligation to provide you with any support or other assistance concerning any Third-Party Service or associated transactions with any such Third-Party Service Provider, but that we may, from time to time, communicate or forward any communications that we receive from you concerning any Third-Party Service to the relevant Third-Party Service Provider for any potential dispute or actual disputes to be resolved directly by such Third-Party Service Provider. YOU AGREE THAT PETDESK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM ANY DEALINGS BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER.
3. Intellectual Property.
3.1 Ownership. The Service and all content related thereto, including without limitation, all text, software, graphics, photos, sounds, videos, recordings, interactive features and any trademarks, service marks and logos contained in the Service (collectively, “Materials”) are owned by PetDesk or licensed to us, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. Subject to the foregoing, you own any and all content and materials that you upload to the Service from time to time (“User-Uploaded Content”) and hereby grant PetDesk a nonexclusive, worldwide, fully-paid up, royalty-free license to display, improve or otherwise use any User-Uploaded Content to provide and render the Service to you and to render or otherwise facilitate the delivery of any Third-Party Services to you. PetDesk may provide User-Uploaded Content and other data on the Service available for your personal download and personal use. Irrespective of the availability of any User-Uploaded Content or data available for download, you are solely responsible for maintaining and keeping backup copies of all User-Uploaded Content. PetDesk is not responsible for and hereby disclaims any and all liability for any lost data or corrupted data concerning or relating to any User-Uploaded Content or the Service. For the avoidance of doubt, Materials do not contain any User Uploaded Content.
3.2 Restrictions on Use of Materials. No Materials from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written consent of PetDesk. You agree not to circumvent, disable, or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials or content. Modification of any Materials or unauthorized use of any Materials is a violation of our copyrights and proprietary rights, or of other entities or persons where so indicated, unless we or the owner has provided such Materials for such express purpose in writing and in advance of any such use. All design rights, databases and compilation and other intellectual property rights associated with the Service, in each case whether registered or unregistered, and related goodwill, are proprietary to PetDesk.
3.3 License Grant. Subject to the terms and conditions of these Terms, PetDesk grants you a non-exclusive, revocable, limited license to access and use the Service solely for the purposes set forth in these Terms. This license will terminate upon any termination of the Terms or upon any suspension, termination or cancellation of your access to the Service.
3.4 Additional Restrictions. You agree not to do any of the following: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Service, or any part thereof; (b) attempt to derive the source code or structure of the Service, or any part thereof; (c) remove from the Service, or alter, any of PetDesk’s or any of our licensors’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings; or (d) distribute, sublicense or otherwise transfer access to the Service to others.
3.5 Feedback. You are under no obligation to provide PetDesk with any feedback, corrections or suggestions regarding the Service. In the event that you provide any Feedback to PetDesk regarding the Services, including any improvements, corrections or modifications thereto (collectively, “Feedback”), you hereby grants to PetDesk a world-wide, fully-paid-up and royalty-free, perpetual, irrevocable, non-terminable, non-exclusive right to integrate and use and otherwise exploit all such Feedback in PetDesk’s products and services, including the Service, without restriction.
4. Third-Party Websites; Third-Party Content.
4.1 Third-Party Websites and Content Not Monitored. The Service may contain or deliver links to other websites (each, a “Third-Party Site”) and/or applications, software, text, graphics, pictures, designs, music, sound, video, articles, photographs, information or other content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by PetDesk, and we are not responsible for any Third-Party Sites accessed through the Service or any Third-Party Content uploaded to, or otherwise available through, the Service.
4.2 Third-Party Terms. If you decide to leave the Service and access a Third-Party Site or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms and our other policies no longer govern. You should review the terms and policies, including privacy and data gathering practices, applicable to any Third-Party Site or Third-Party Content to which you navigate or relating to any applications you use or install from the Service.
6.1 Service Interruptions and Unavailability. The Service may be temporarily unavailable from time to time for maintenance or other reasons. PetDesk assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. PetDesk is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers, or providers, computer or mobile phone equipment, or software, including injury or damage to your or to any other person’s computer, mobile device, or other hardware or software, related to or resulting from using the Service. Under no circumstance will PetDesk be responsible for any loss or damage resulting from your use of the Service, or from any content or Third-Party Content made available through the Service, or from any interactions between you and any Third-Party Service Provider.
6.2 Modifications and Discontinuance of the Service. PetDesk reserves the right to modify or discontinue the Service, in whole or in part, at any time without notice.
6.3 Service Provided “As-Is.” YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW). PETDESK DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. To the extent that applicable law does not allow limitations of implied warranties, some or all of the limitations or exclusions in this Section 6 may not apply to you.
7. Limitations on Liability.
IN NO EVENT WILL PETDESK OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER SPECIAL OR INDIRECT DAMAGES (INCLUDING FOR ANY LOST BUSINESS PROFITS) OR FOR PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF PETDESK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We may terminate your access to the Service for any reason, or no reason, at any time in our sole discretion, with or without notice.
9. Governing Law.
Any claim, dispute or cause of action arising from these Terms or any use of the Service (“Dispute”) shall be governed and construed in accordance with the laws of the State of California , without reference to any conflicts of law provisions therein.
10. Dispute Resolution; Class Action Waiver.
10.1 YOUR AGREEMENT TO ARBITRATE YOUR CLAIMS. YOU SHOULD CAREFULLY REVIEW THIS SECTION 10. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO A VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS SECTION 10 AS A CONDITION OF ACCESSING OR USING THE SERVICE.
10.2 Informal Dispute Procedures. For any Dispute you have with PetDesk or concerning these Terms, you agree to first contact us at firstname.lastname@example.org and to attempt to resolve such Dispute informally.
10.3 Arbitration. In the unlikely event that we are unable to resolve any Dispute you bring to our attention after sixty (60) days, and for any other Dispute we raise, you and PetDesk agree that, except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered by JAMS, and conducted before a single arbitrator, all pursuant to the JAMS Comprehensive Arbitration Rules and Procedures that are in effect at the time arbitration is initiated (the “JAMS Rules”). For more information on JAMS, the JAMS Rules, or the process for filing an arbitration claim, you may call JAMS at (800) 352-5267 or visit the JAMS website at www.jamsadr.com.
10.4 No Class Actions or Class-Wide Relief. You and PetDesk agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.
10.5 Survival. This Section 10 will survive termination of these Terms or your right to access or use the Service. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
You agree to indemnify and hold harmless PetDesk, and its directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of your conduct in connection with the Service, or any violation of these Terms or of any law or rights of any third party.
These Terms constitute the entire agreement between you and PetDesk regarding your use of the Service, superseding any prior agreements between you and PetDesk relating to your use of the Service. The failure of PetDesk to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding the Service or these Terms, please contact us by sending an email to email@example.com.