Terms of Use
These Terms of Use (the "Terms") apply to your use of our website(s), mobile application(s), software downloaded and installed on your mobile device, related social media, and/or other services provided, including email messages, that we may send to you (collectively, the "Site"). The Terms are made by and between PetReflex Inc., a Société par actions simplifiée (SAS) registered in France, and/or its owners, agents, employees, representatives, or affiliates and assigns ("PetReflex" "us" "our" or "we") and persons using or accessing the Site or Services ("User" or "you"). These Terms govern User's use of the Site and any services provided, including Subscription (as defined below) to You by PetReflex (collectively, the "Service(s)").
PLEASE READ THESE TERMS CAREFULLY. The use of the Site and Service is conditioned upon your acceptance of these Terms without modification. By accessing or using the Site or Services, you agree to be bound by these Site Terms and all Terms incorporated by reference. If you do not agree to these Site Terms, do not use the Site. You may use the Site and Services only if you have reached the age of majority or legal age in your jurisdiction (generally 18 or older) and can form legally binding contracts under applicable law. By using the Service or (where applicable) or by clicking "get started" to download the Service, you are agreeing to these Terms, which form a binding agreement between you and us. If you do not agree to these Terms, please do not install or use the Service.
PLEASE NOTE THAT THE SERVICE INCLUDES A SUBSCRIPTION THAT AUTOMATICALLY RENEWS, please read the "Subscription term and fees" AND the "how to cancel your subscription" sections of these terms carefully.
Please note: The business entity information should be updated with your actual company's name, legal form, and address.
Changes to Terms
PetReflex reserves the right to amend or modify these Terms, from time to time, to ensure that we remain compliant with applicable laws and regulations and/or to reflect any changes we make to the App, the Service, or our business practices. Any changes we make to these Terms will be posted on the App, so we recommend that you check back frequently to see any updates or changes made to these Terms. Your continued use of the Service after any amendments or modifications will be considered acceptance of those amendments or modifications and will constitute your agreement to be bound by them, unless such changes are significantly material, in which case we will give you advance notice which may be via an in-Service notification or by contacting you directly via the email address you supply to us when you register with us. If you do not agree to any revised Terms, please see below for information on how to cancel your Subscription.
Grants of Rights; Restrictions
Subject to your compliance with the Terms, you are granted a nonexclusive, non-transferable, limited right to access and use of the App or Service made available to you, including the access, download and install the most current generally available version of the Service on a single, authorised mobile device that you own or control solely for your lawful, personal, and non-commercial use. The rights and restrictions granted to you are as follows:
(i) You shall not use the App or Service for any purpose other than the purpose authorised under these Terms.
(ii) You shall not knowingly allow others to: (a) copy, reproduce, modify, decompile, disassemble, or reverse engineer the Service or any associated software or materials (except to the extent that applicable law prohibits or restricts reverse engineering restrictions); (b) provide any third parties with access to any of the Service, or use any of the Services for time sharing or similar purposes for the benefit of any third party; (c) remove any copyright or proprietary notices contained in the Service or any output thereof; (d) breach, disable or tamper with, or develop or use (or attempt) any workaround for, any security measure provided or used by the Service; (e) access the Service via any bot, web crawler or non-human user; (f) access or use (or permit a third party to access or use) the Service for any unlawful purpose or for any other benchmarking or competitive purposes; (g) attempt to circumvent authentication or security of any host, network or account or use or knowingly permit others to use any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of Service, except as expressly permitted hereunder; (h) collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; or (i) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service.
(iii) The App is protected by intellectual property laws, and other laws that prevent unauthorized access and use. You may not use the App or Service in any fashion that infringes the intellectual property rights or proprietary interests of any party.
(iv) You are solely liable for your conduct and for any information, content, materials or messages that you upload, submit, post or transmit via the App (collectively the "User Content"). You may not provide false or misleading information to the App or submit information under false pretenses. Without limiting anything else in these Terms, we may immediately terminate your access to the App if you violate any of the foregoing, or if you provide false or misleading information or submit information under false pretenses.
Ownership
The Service and all software, data, and technologies embodied in or used to provide the Service, and all intellectual property rights therein or relating thereto, are and shall remain the exclusive property of PetReflex. All trademarks or other intellectual property not owned by us are the proprietary information of their respective owners who may or may not be affiliated with us. Any republication or redistribution of such content is expressly prohibited without the prior consent of the relevant right holders.
Feedback
Any submissions provided to us (e.g., comments, questions, suggestions, materials collectively,"Feedback") through any communication whatsoever (e.g., email, chat) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Your Responsibilities
You may use some of the Service only if you are 18 years or older. However, if you wish to register an account or enter into a Subscription, and you are younger than 18, please ask for permission from your parent or guardian before signing up for said Service.
You represent and warrant that the Site and Service will be used only: (a) by you, (b) in the manner for which it was intended, (c) in accordance with all applicable instructions provided by us, and (d) in compliance with all applicable laws and regulations. You may not create an account with us using an assumed name or someone else's identity. You will be responsible for all activities that occur under your account on the Service, and it is your responsibility to keep your account information safe and secure.
Privacy
At PetReflex, we prioritize your privacy and the protection of your personal information. To use our Service, we will ask you for certain registration details, such as your name, pet details, email, and optional information about your pet's habits and health. We guarantee that all collected information will be secured and utilized in accordance with our Privacy Notice.
Our Rights and Responsibilities
We are the owners and operators of the PetReflex Service. We provide this Service with due diligence and reasonable skill. While we strive to maintain the technology underpinning our Service, we cannot guarantee uninterrupted availability.
Your access to our Service may be temporarily disrupted for maintenance, repairs, upgrades, or the introduction of new features. Unanticipated downtime may occasionally be necessary for security reasons. Furthermore, given the inherent nature of the internet and mobile signal disruptions, the Service may encounter occasional errors, interruptions, and delays. We pledge to make reasonable efforts to limit the frequency and duration of such downtime, as far as it is within our control. We cannot guarantee that our Service will be completely free of errors, bugs, or viruses. As with any software, we recommend that you run a virus checker before use. It is also advised to maintain an up-to-date backup of your device before using our Service and to consult with your network administrator before installing the Service on a networked device.
We may periodically add or remove features from the Service. While we strive to provide quality content, we cannot guarantee the accuracy or completeness of the content or related information provided on the Service. The PetReflex Service is intended for pet care purposes only, and the information provided should not be relied upon in any other context.
Third Party Services
We may provide information about, links, or referrals to third-party products or services on the PetReflex platform, including without limitation App Store. Your business interactions or correspondence with, or participation in promotions of such third parties, and any policies, terms, conditions, warranties or representations associated with such interactions or promotions are solely between you and such third party. Those terms will form an agreement between you and the third party and are in addition to the agreement between you and us set out in these Terms. PetReflex is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or promotions or from any third-party products or services, and you use such third-party products and services at your own risk. You should investigate and use your independent judgment regarding the merits, quality, and reputation of any individual, entity from whom you obtained and/or accessed through the PetReflex platform or in relation to these Terms. It should also be noted that PetReflex does not make any assurance as to the timeliness or accuracy of information provided by any third-party service provider.
Subscription Term and Fees
Access to certain features of our PetReflex Service is subject to you activating a subscription to the Service ("Subscription").
All Subscription fees payments and cancellations (and any other payments associated with the PetReflex Service) are handled by the third-party app store from which the Service can be downloaded, such as Apple or Google (each an "App Store"). We do not process any payments from you or make any refunds to you directly. Payments made to the App Store will be subject to the App Store's own terms and conditions ("App Store Terms"). We encourage you to carefully review the applicable App Store Terms and conditions and privacy notices before you use those sites to download and install the PetReflex Service or purchase any Subscriptions. We accept no responsibility for the App Store's sites, apps, services, practices or privacy policies.
Subscription will remain in effect throughout the subscription term specified in the App Store(weekly, monthly or yearly), unless terminated as set forth in the App StoreTerms. Except as otherwise specified within the App Store, Subscription will automatically renew for successive applicable periods (each, a"Renewal"), unless you provide notice of non-renewal to the AppStore, subject to the App Store Terms, prior to the end of the then currentSubscription term.
Any free trial to the PetReflex Service is offered at our discretion and we may withdraw this offer at any time. A free trial to the PetReflex Service will automatically renew as a paid subscription unless auto-renew is turned off at least twenty-four (24)hours before the end of the free trial period. Please refer to your App StoreTerms for information on how to do this.
We (or the App Store) may immediately suspend your access to the PetReflex Service if your Subscription is not paid by you until such time as the full amount has been paid. If any amount remains unpaid following our notice to you, we may end your rights under these Terms (see further information in the "Right to Suspend Access to PetReflex Service" section below).
Subscription fees are subject to change, at our discretion, we and/or the App Store, will let you know in advance. Any increase in the Subscription fees will not apply to the current Subscription period. If you do not agree to a Subscription fee increase, remember that you can always cancel your Subscription before your next Subscription period starts – see the "How to Cancel your PetReflex Subscription" section below. If you do not cancel your Subscription after receiving notice of a change in Subscription fee, you will be obliged to pay the new Subscription fee from the date on which the next Subscription period commences.
DMCA Notice
PetReflex may be considered an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). If you believe that any information or material available on PetReflex infringes upon any copyright, please immediately notify us ("DMCA Notification"),and as required by the DMCA, PetReflex maintains specific contact information for that purpose; therefore, all notices should be addressed to:
Notification of Claimed Infringement:
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii)contact information for you, including your address, telephone number and/ore-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf; (vii) a statement that you consent to the jurisdiction of the French Court in which your address is located, or if your address is outside France, for any judicial district in which PetReflex is located; and (viii) a statement that you will accept service of process from the party that filed the DMCA Notification or the party's agent. Failure to include all of the above-listed information may result in the delay of the processing of your complaint. If the posted material is believed in good faith by us to violate any applicable law, we will remove any such material or information, and we will notify the posting party that the material has been removed.
Please note that this is a general interpretation of the DMCA notice for use in the context of PetReflex. It is recommended to consult with a legal expert to ensure compliance with all applicable laws and regulations, especially as they pertain to digital copyright and the DMCA.
Please note that under French law, PetReflex is also subject to the provisions of the Law for Confidence in the Digital Economy (LCEN), and similar notifications of copyright infringement can be sent under the procedures set out in the LCEN.
Please also be aware that under both the DMCA and LCEN, there are penalties for false or misleading copyright infringement claims. Therefore, if you are unsure whether the material available on PetReflex infringes upon your copyright, we suggest that you seek legal advice before sending a DMCA Notification or similar notice under the LCEN.
How to Cancel your PetReflex Subscription
If you would like to cancel your Subscription to PetReflex, you will need to do this through your App Store account settings. Further instructions on how to do this can be found via your App Store.
If you cancel your PetReflex Subscription, the cancellation will take effect at the end of your then-current paid Subscription period. You will continue to be able to access PetReflex up until that point.
Please note that we do not provide credit, refunds or prorated billing for Subscriptions that are cancelled. All refunds will be handled in accordance with your App Store Terms. You can find further information on cancelling orders and any associated refunds on the website of the App Store from whom you purchased the Subscription. Please make sure you familiarise yourself with your App Store's policy on refunds before you Subscribe to PetReflex.
Be aware that European Union residents may have additional cancellation rights. Please refer to your App Store Terms for further information on this, and the circumstances where this may or may not apply.
For additional information, please visit Apple Support, or Google Support (or any other App Store support pages), depending on where you have purchased your PetReflex Subscription. PLEASE NOTE THAT Deleting the PetReflex MOBILE APPLICATION does not cancel your subscriptions and trials.
Right to Suspend Access to Service
We may temporarily suspend or terminate your PetReflex account or access to the Service if we have reason to believe that you have violated any of these Terms.
If we suspend your PetReflex account: (i) we will make reasonable efforts to notify you; (ii) you will be unable to access your account during the suspension period, while we investigate the circumstances; and (iii) depending on the outcome of our investigation, you may be permanently barred from the Service. We will make reasonable efforts to notify you if this occurs.
We can terminate your rights to use the Site or Service immediately at any time and without refunding any payments made by you if you are in serious violation of these Terms.
We can also terminate your rights to use the Site or Service immediately at any time, giving you as much notice as possible, if we are compelled to do so due to technical or operational reasons beyond our control. If we terminate your access under these circumstances, we will use reasonable efforts to collaborate with your App Store to facilitate a refund of the proportion of your Subscription fee corresponding to the period you've paid for but have not been able to access the Service.
If we terminate your rights under these Terms, you must immediately cease all activities authorized by these Terms, including your access to the Services.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH PetReflex OR THE FAILURE OF ANY PARTY TO PERFORM ITS OBLIGATIONS. PetReflex AND ITS CONTENTS (INCLUDING ALL THIRD-PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH PetReflex ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF PetReflex IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO PetReflex, ITS MATERIALS, THE SERVICES, LINKS, INFORMATION, AND SERVICES AVAILABLE ON OR THROUGH PetReflex. OUR LIABILITY ARISING OUT OF OR RELATED TO THE USE OF PetReflex SHALL NOT EXCEED THE TOTAL OF THE FEES PAID BY YOU.
Indemnification
You will defend PetReflex against any claims arising from your use of the Site or Service in violation of these Terms and will indemnify and hold PetReflex harmless against damages awarded by a court or settlements agreed by you in connection with such claims.
Force Majeure
Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control, if the affected party makes reasonable efforts to perform; provided, however, that this provision does not relieve either party of its obligation to make payments then owing.
Relationship
Nothing in these Terms will create any relationship of partnership, agency, or employment between us.
Help Desk
Should you require any help using the Service, please contact us by email at
Governing Law
These Terms will be governed by the laws of France; any action based on or alleging a breach of these Terms must be brought in the Courts of France, and the parties hereby consent to the exclusive jurisdiction of such courts.
General Terms
You may not transfer your rights and obligations under these Terms for any reason. PetReflex may transfer its rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
Each of the terms and conditions of these Terms operates separately. If any court or competent authority in France or in the European Union decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
If PetReflex does not enforce its rights against you, or if we delay in doing so, that does not mean that PetReflex has waived its rights against you, and it does not mean that you are relieved of your obligations under these Terms. If PetReflex does waive a breach by you, it will only do so in writing, and that will not mean that PetReflex will automatically waive any later breach by you.
Entire Agreement
These Terms constitute the entire agreement of the parties with respect to its subject matter and replace and supersede any prior written or verbal communications, representations, proposals or quotations on that subject matter.
CONTACT US
PetReflex SAS
If you are in the European Union, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
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