BEFORE YOU ACCESS THE SERVICES AND SHARE ANY PERSONAL INFORMATION WITH US, MAKE SURE TO READ THESE TERMS OF SERVICE. PLEASE READ THEM CAREFULLY.
TO ACCESS AND USE THE SERVICES, YOU MUST ACCEPT THESE TERMS OF SERVICE.
THE CURRENT VERSION ENTERS INTO EFFECT ON THE DATE SPECIFIED ABOVE. IF YOU DO NOT AGREE WITH ANY UPDATES TO THESE TERMS OF SERVICE, PLEASE STOP USING THE SERVICES. OTHERWISE, YOU EXPRESSLY AGREE TO BE BOUND BY THE CURRENT VERSION OF THESE TERMS OF SERVICE.
ANY PREVIOUS VERSION OF THESE TERMS OF SERVICE IS SUPERSEDED BY THE CURRENT VERSION, WHICH IS AVAILABLE AT HTTPS://KUMAAPETS.COM/TERMS.HTML.
PLEASE CAREFULLY READ THE SECTION “CLASS, COLLECTIVE AND REPRESENTATIVE ACTION WAIVER” OF THESE TERMS OF SERVICE. IT AFFECTS HOW DISPUTES ARE RESOLVED BETWEEN YOU AND OVO CORP INC.
These Terms of Service govern your access to and use of our website, mobile application, newsletter, social media pages and any other products developed or published by OVO Corp Inc. that link to these Terms of Service (together, “Services”).
In these Terms of Service, we outline what you can expect from us as you access or use the Services and what we expect from you.
Along with these Terms of Service, we encourage you to read our Privacy Policy, which informs you about the processing of personal information that you provide to us when accessing or using the Services.
1Subject of these Terms of Service
1.1. These Terms of Service constitute a legally binding contract between the user (“User”, “you”) and OVO Corp Inc., 30 N Gould St Ste R Sheridan, WY 82801 (“Company”, “we”).
Before accessing or using the Services, including by browsing or installing any of them, you must read and agree to these Terms of Service and our Privacy Policy.
1.2. For the purposes of these Terms of Service:
“User” means:
(a)any individual who accesses, browses, installs, registers for or uses any part of the Services for their own purposes; and
(b)any organisation on whose behalf an individual accesses, browses, installs, registers for or uses any part of the Services.
Where an individual accesses or uses the Services on behalf of an organisation, both the individual and the organisation are Users for the purposes of these Terms of Service, and references to “User” or “you” include each of them, as applicable.
Users may include Pet Owners, Pet Guardians and Rescue Professionals, depending on the features they access or use.
“Pet Owner” means an individual who uses or intends to use the Services to manage the everyday life, safety and care of their pets.
“Pet Guardian” means an individual or organisation that has been appointed by a Pet Owner to act as a pet guardian and has accepted that appointment. A Pet Guardian may assume responsibility for a pet in the circumstances specified by the Pet Owner through the Services.
“Rescue Professional” means:
(a)an animal shelter, rescue organisation, non-profit organisation or similar entity that uses or intends to use the Services to organise pet records, manage rescue operations or coordinate foster care; or
(b)an individual who accesses or uses the Services on behalf of such an entity.
“Account” means a User account created or used to access and use some or all of the Services, whether created directly through the Services or accessed using an account maintained with a Third-Party Provider.
“Protected Parties” means the Company, its parent companies, subsidiaries and affiliates, and each of their respective directors, officers, employees, agents, contractors, service providers, licensors, suppliers, successors and assigns.
“Third-Party Provider” means any third party that provides products, services, infrastructure, technology or functionality used by, integrated with or made available through the Services, including providers of hosting, cloud storage, authentication, analytics, communications, customer support, mapping, notifications, software development, app distribution, payment processing and billing.
“Service fee” means any one-time or recurring fee payable for access to or use of the Services during the applicable access period disclosed at the time of purchase. A Service fee does not include any amount placed in, transferred through or otherwise used in connection with a User Fund.
“User Fund” means an amount of money that a User places, allocates, transfers, releases, withdraws or otherwise manages using services provided by an applicable Third-Party Provider and made accessible through the Services for purposes supported by the Services, including the care of a specified pet, subject to the applicable Fund release conditions and other User instructions supported by the Services.
“User Fund transaction” means any transaction involving the placement, allocation, funding, transfer, release, withdrawal, reversal or other use or management of a User Fund, processed by an applicable Third-Party Provider and made accessible through the Services.
“Fund release conditions” means the conditions, instructions and requirements governing whether, when, to whom and for what purpose a User Fund may be released or made available, as specified through the Services and subject to the applicable Third-Party Provider’s terms.
“Pet care instructions” means the directions and information provided by a Pet Owner regarding the care, safety and well-being of a pet, which may include feeding and daily-care routines, health and medication information, emergency contacts and other pet-specific instructions intended for a Pet Guardian or another authorised recipient.
“Company Content” means all content and materials made available in or through the Services by or on behalf of the Company, including software, source code, object code, algorithms, databases, interfaces, functionality, designs, layouts, text, graphics, photographs, images, audio, video, trademarks, service marks, logos, trade names and other intellectual property.
Company Content does not include User Content, including where User Content is displayed, formatted, organised, sorted, resized or otherwise technically processed through the Services.
“User Content” means any text, photographs, images, videos, audio, documents, records, messages, posts, comments, feedback, ratings, pet-related information, pet care instructions or other content or materials that you submit, upload, post, transmit, store, publish or otherwise make available through or in connection with the Services.
1.3. By entering into these Terms of Service, you represent and warrant that:
1)You are at least 18 years old;
2)You have the right, authority, and capacity to enter into these Terms of Service and abide by their terms and conditions.
If you access or use the Services on behalf of an organisation, you represent and warrant that:
(a)you have full authority to act on behalf of and bind that organisation to these Terms of Service;
(b)the organisation has authorised your access to and use of the Services; and
(c)both you and the organisation will comply with these Terms of Service.
3)Before accessing or using the Services, you have carefully read and understood these Terms of Service and our Privacy Policy, including the legal obligations they impose on you, and agree to their provisions;
4)You will not access or use the Services for any purpose other than those for which we make the Services available;
5)You have not breached these Terms of Service at any time before entering into these Terms of Service, unless the breach was resolved to our satisfaction and your access to the Services was expressly reinstated;
6)You will not breach these Terms of Service; and
7)Your use of the Services complies with all applicable laws and regulations.
We will cease providing any of the Services to you if we become aware that any of your representations or warranties are or were untrue.
If you are aware of anyone who does not meet our criteria for accessing and using the Services, please contact us at hello@kumaapets.com.
1.4. We grant you a personal, worldwide, revocable, limited, non-transferable, non-sublicensable and non- exclusive licence to access and use the Services in accordance with these Terms of Service.
Certain features may be available only to particular categories of Users, through specific parts of the Services or upon payment of applicable fees.
1.5. You may use the Services for personal or professional purposes consistent with their intended functionality. You may not use the Services for any other commercial purpose unless expressly authorised or approved by us.
1.6. Any violation of these Terms of Service may result in the immediate suspension or termination of your access to the Services and the licence granted under these Terms of Service, without notice, to the extent permitted by applicable law.
1.7. We reserve the right to make changes to the Services. We may modify, eliminate, suspend, or discontinue access to and availability of the Services, including any specific features and their content, at any time without prior notice or liability.
You agree and acknowledge that it may be necessary to change, expand, enhance, develop or improve the Services to ensure their proper functioning, reliability, safety and security and to maintain an appropriate user experience. We may determine this need at our sole discretion.
Your access to and use of the Services do not entitle you to the continued provision or availability of the Services, including any specific features and their content. We make no commitment or representation that any features or content for which you have paid will remain available or retain the same functionality or value.
1.8. THE SERVICES, INCLUDING ALL CONTENT, INFORMATION, FUNCTIONALITY AND MATERIALS MADE AVAILABLE THROUGH THEM, ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROTECTED PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE PROTECTED PARTIES DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE. THE PROTECTED PARTIES DO NOT GUARANTEE THAT DATA OR CONTENT WILL NEVER BE LOST, ALTERED, CORRUPTED OR UNAVAILABLE.
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, INCLUDING ANY FEATURES OR CONTENT, ARE AVAILABLE, APPROPRIATE OR LAWFUL FOR ACCESS OR USE IN EVERY JURISDICTION.
NOTHING IN THESE TERMS OF SERVICE EXCLUDES OR LIMITS ANY WARRANTY, CONDITION, RIGHT, REMEDY OR OBLIGATION THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING APPLICABLE CONSUMER PROTECTION, PRIVACY AND DATA- SECURITY LAWS.
1.9. Depending on your location, you may have rights under applicable laws and regulations that cannot be waived. Nothing in these Terms of Service limits any such rights under those laws.
2Authorised access to the Services
2.1. You may be required to create or use an Account to access and use some or all of the Services.
2.2. You may create or access your Account using an account maintained with a Third-Party Provider.
If you access the Services using an account maintained with a Third-Party Provider, you represent and warrant that your use of that account in connection with the Services complies with the applicable Third-Party Provider’s terms and policies.
2.3. Information associated with your Account will be processed in accordance with our Privacy Policy and, where applicable, the privacy notice of the relevant Third-Party Provider.
2.4. All actions taken under your Account will be attributed to you. You are responsible for all activities occurring under your Account.
Therefore, you must keep the credentials that allow you to access your Account confidential and must not disclose them to anyone unless expressly permitted by these Terms of Service.
You are solely responsible for the consequences of compromising your Account credentials. You are responsible for taking all reasonable steps to ensure that no unauthorised person has access to your Account.
If you believe that your Account has been compromised, please contact us at hello@kumaapets.com. If an unauthorised party gains access to or takes control of your Account, we do not warrant that you will be able to regain access to or control of the Account.
2.5. To the fullest extent permitted by applicable law, we disclaim all liability for any claims, damages, losses, costs or expenses arising from unauthorised use of your Account.
3User rights and obligations
3.1. In accordance with these Terms of Service, you may:
1)access and use the Services only for purposes consistent with their intended functionality;
2)access and use the features and functionality made available to you based on your location, User category, Account status and eligibility;
3)create, upload, store, organise, update and, where permitted by the relevant functionality, share User Content;
4)use the available settings and controls to manage the visibility, accessibility and sharing of your User Content, designate authorised recipients and manage your location, communication and notification preferences;
5)communicate and interact with other Users and authorised recipients through the functionality made available within the Services.
3.2. Each User who accesses or uses the Services to provide, arrange or manage care for a pet shall:
1)use the Services only in relation to a pet for whom the User lawfully provides, arranges or manages care;
2)act in the best interests of the pet and with due regard for its health, safety, welfare and humane treatment;
3)take reasonable steps to provide or arrange appropriate feeding, exercise, shelter, hygiene, supervision and other daily care suitable for the pet;
4)maintain accurate and reasonably up-to-date information concerning the pet’s health, behavioural characteristics and other care requirements;
5)follow the applicable pet care instructions and ensure that any person entrusted with the pet has access to and understands those instructions;
6)promptly update or correct any information that may materially affect the proper care or safety of the pet.
3.3. No User shall use the Services in any manner that may harm, neglect, endanger or otherwise adversely affect any pet in relation to which the User accesses or uses the Services.
3.4. Each User, in relation to their access to and use of the Services, shall:
1)access and use the Services fairly and respectfully;
2)respect all individuals, including other Users, their pets, the Company, our personnel and anyone else associated with the Services, at all times;
3)keep their Account and any device they use to access the Services secure;
4)report any discovered bugs or exploits immediately;
5)stay updated with all patches and updates;
6)comply with these Terms of Service; and
7)comply with all applicable laws and regulations.
3.5. You acknowledge and agree that each of the following actions constitutes a material breach of these Terms of Service. Therefore, you must not:
3.5.1. Use or access the Services in an unauthorised manner, including by:
(a)using the Services for any purpose other than those permitted under Clause 3.1;
(b)reselling, renting, leasing, lending, sublicensing, distributing, transferring or otherwise making available any right to access or use the Services, including buying, selling or attempting to buy or sell an Account for money or anything of value, or allowing another person to use or control your Account, whether temporarily or permanently and whether for payment or free of charge;
(c)accessing, using or attempting to gain access to another User’s Account without authorisation; or
(d)circumventing or attempting to circumvent any measure designed to prevent unauthorised access to the Services, including by connecting to unauthorised servers, websites, applications, platforms or services that imitate, reproduce or interface with the Services, or by using any tool, software or method not authorised by us.
3.5.2. Copy, modify, reverse engineer or create derivative works from the Services, including by:
(a)deciphering, decompiling, disassembling or reverse engineering any part of the Services;
(b)systematically retrieving data or content from the Services to create or compile a collection, database or directory without our prior written authorisation;
(c)copying, modifying, adapting, improving, enhancing, translating or creating any derivative work from the Services; or
(d)using the Services or any part of them to develop or provide a competing or substitute product, service or software.
3.5.3. Interfere with or disrupt the Services, including by:
(a)circumventing, disabling, tampering with or otherwise interfering with any security, access-control or protective feature of the Services;
(b)interfering with, disrupting, damaging or placing an unreasonable burden on the Services or any systems or networks connected to them;
(c)creating, using or distributing exploits, macros, scripts, bots, modifications, crawlers, scrapers, unauthorised automated systems or any other software or hardware that accesses, modifies, extracts data from or interferes with the operation of the Services without our authorisation;
(d)uploading, transmitting or distributing any virus, worm, Trojan horse, malware or other malicious or harmful code;
(e)exploiting any bug, vulnerability, malfunction or error in the Services to obtain an unauthorised benefit, advantage or access;
(f)using characters, symbols, formatting or other methods to conceal or misrepresent your identity, Account or profile, or to evade any restriction imposed through the Services; or
(g)framing, mirroring, reproducing or otherwise making the Services available through another website, application, platform, network or shared computing environment without our prior written authorisation.
3.5.4. Engage in unlawful or unauthorised activities through the Services, including by:
(a)using or disclosing our proprietary information or intellectual property to create any unauthorised application, accessory, device, integration, product or service;
(b)using the Services to send unsolicited advertising or promotional communications, solicitations, spam, chain letters, junk mail or similar communications;
(c)encouraging, facilitating, assisting or instructing another person to violate these Terms of Service or any other rules applicable to the Services, including by sharing instructions for exploiting bugs, circumventing safeguards or obtaining unauthorised access;
(d)using the Company Content in third-party advertising or to promote third-party goods, services or resources without our prior written authorisation, including resources that facilitate violations of these Terms of Service; or
(e)using the Services in violation of any applicable law or regulation or to facilitate unlawful conduct, including fraud, theft, unlawful gambling, illegal drug-related activity or infringement of our rights or the rights of any third party.
3.5.5. Impersonate, harass or harm others, including by:
(a)impersonating another person or organisation, creating a deceptive or fraudulent Account, imitating another User, or misrepresenting your identity, authority or affiliation;
(b)uploading, transmitting, publishing or generating content that is hateful, defamatory, abusive, threatening, obscene, pornographic or otherwise unlawful or seriously offensive;
(c)using language or content that discriminates against or promotes hatred toward any person or group, or that is abusive, obscene or intentionally disruptive; or
(d)threatening, harassing, stalking, intimidating, exploiting or otherwise harming another person, or encouraging another person to engage in such conduct.
3.6. You may report to us any information shared by Users through or in connection with the Services by contacting us at hello@kumaapets.com or by using the reporting functionality available within the Services, where applicable.
3.7. If you violate these Terms of Service, we may take one or more measures in response, including:
1)temporarily restricting your Account,
2)suspending your access to the Services, or
3)permanently terminating your Account and access to the Services.
We may determine the appropriate measure based on the nature and circumstances of the violation and may implement it without prior notice, to the extent permitted by applicable law.
3.8. To report any violation of the Terms of Service, please contact us at hello@kumaapets.com.
4Communication in the Services
4.1. The Services may provide functionality that allows you to communicate with other Users. Every communication must comply with these Terms of Service and applicable laws and regulations.
4.2. We do not control all communications or interactions between Users or between Users and third parties through the Services. If you disclose, share or transmit information to another person, that person may copy, store, disclose, distribute or otherwise use that information beyond your control.
You should communicate with others carefully and avoid sharing information that could compromise your privacy, safety or security. If you do not want another person to have access to particular information, do not share that information through the Services.
4.3. There is always a risk that a person may misrepresent their identity or communicate with you under false pretences or with malicious intent. You should exercise appropriate caution and disclose information only where you are reasonably satisfied as to the identity and trustworthiness of the recipient.
If you experience any problem or have concerns about another User or communication, you may contact us at hello@kumaapets.com or use the reporting functionality available through the Services, where applicable.
4.4. To the fullest extent permitted by applicable law, we disclaim all liability for any claims, damages, losses, costs or expenses arising from the operation of, access to or use of the communication features of the Services.
5Content
5.1. The Company owns the Company Content or has obtained the rights necessary to make it available through the Services. Except for the limited licence expressly granted under these Terms of Service, you acquire no right, title or interest in or to the Company Content.
5.2. We grant you a personal, worldwide, revocable, limited, non-transferable, non-sublicensable and non- exclusive licence to access and use the Company Content in connection with the Services and in accordance with these Terms of Service.
5.3. You retain all rights that you hold in your User Content. Submitting, uploading or otherwise making User Content available in connection with the Services does not transfer ownership of that User Content to the Company.
5.4. By submitting, providing or otherwise making User Content available to the Company or in connection with the Services, you grant the Company a non-exclusive, royalty-free, transferable, sublicensable, worldwide, perpetual and irrevocable licence to access, host, cache, store, reproduce, copy, modify, adapt, translate, create derivative works from, transmit, display, perform, disclose, publish, distribute and otherwise use the User Content, in any form and by any means, for the purposes of operating, providing, maintaining, securing, improving, promoting, marketing and advertising the Services.
The licence granted under this Clause survives the deletion of your Account and the termination of these Terms of Service and continues to apply in accordance with its terms.
5.5. You are responsible for all User Content that you make available through the Services. You represent and warrant that:
1)you own the User Content or have obtained all rights, licences, consents, permissions and authorisations necessary to make it available through the Services and to grant the licence set out in these Terms of Service;
2)the User Content and our permitted use of it do not infringe or violate any intellectual property, privacy, publicity, personality or other right of any third party; and
3)you have complied with all applicable laws and provided any notices or obtained any consents required in connection with personal information contained in the User Content.
5.6. To the fullest extent permitted by applicable law, we are not required to identify you as the author or source of User Content, or to include any copyright notice, attribution or other proprietary-rights notice, when exercising the rights granted under this Section.
To the fullest extent permitted by applicable law, you waive and agree not to assert any moral rights, rights of attribution, rights of integrity or similar rights that you may have in User Content in connection with its permitted use under these Terms of Service.
To the extent that any such right cannot validly be waived under applicable law, you expressly authorise the Company, to the fullest extent permitted by applicable law, to exercise the rights granted under this Section without identifying you as the author or source of the User Content and to modify, adapt, format or otherwise treat the User Content as reasonably necessary for the purposes specified in this Section, provided that such exercise or treatment remains within the scope of the rights granted under these Terms of Service.
You are responsible for obtaining any equivalent waiver or consent from any third-party author or rights holder whose content is included in User Content.
5.7. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Protected Parties from and against any third-party claims, demands, proceedings, damages, losses, liabilities, judgments, settlements, penalties, costs and expenses, including reasonable attorneys’ fees and other legal costs, arising out of or relating to:
1)your User Content;
2)any allegation that your User Content, or its use as permitted under these Terms of Service, infringes or violates any intellectual property, privacy, publicity, personality or other right of a third party;
3)your failure to obtain any right, licence, consent, permission, authorisation or waiver required under this Section; or
4)your breach of this Section or any representation or warranty made under it.
We may assume control of the defence or settlement of any claim subject to indemnification under this Section. You must reasonably cooperate with us in connection with that defence and must not settle any such claim in a manner that imposes liability, an admission or an obligation on any Protected Party without our prior written consent.
6Third-Party Providers
6.1. The availability and operation of the Services may depend on products and services provided by Third-Party Providers. Certain features may also allow or require you to access or use products or services provided by a Third-Party Provider.
6.2. We do not control any aspects of the products and services provided by Third-Party Providers. We do not represent or warrant that they will be continuously available, secure, accurate, reliable, error-free or free from viruses, Trojan horses, malware or other harmful components.
6.3. Where you choose to access or use a product or service provided by a Third-Party Provider, you are responsible for reviewing its features, suitability and applicable conditions before using it.
Your access to or use of any product or service provided by a Third-Party Provider is subject to the agreements, terms, policies and other conditions established by that Third-Party Provider. You must comply with those conditions when accessing or using the relevant third-party product or service.
You are responsible for paying any fees charged by a Third-Party Provider for products or services that you choose to access or use, provided that the applicable fees are disclosed in accordance with the Third-Party Provider’s terms and applicable law.
6.4. Third-Party Providers are responsible for their own products and services. Any claim arising solely from a product or service provided by a Third-Party Provider should be addressed to the relevant Third-Party Provider.
6.5. To the fullest extent permitted by applicable law, we are not liable for any loss, damage, interruption or other consequence arising solely from:
(a)the acts or omissions of a Third-Party Provider;
(b)the unavailability, interruption, failure or discontinuation of a Third-Party Provider’s products, services, infrastructure or technology; or
(c)your access to or use of a product or service provided by a Third-Party Provider.
7Information in the Services
7.1. You acknowledge and agree that you access and use the Services and any information accessible via the Services at your sole risk.
7.2. To the fullest extent permitted by applicable law, we disclaim all liability for any losses, damages or adverse effects that may arise from your reliance on or use of any information accessible via the Services, including, but not limited to, misunderstandings, miscommunications or offence taken at such information.
7.3. To the fullest extent permitted by applicable law, we disclaim all liability for any claims, damages, losses, costs or expenses arising from errors, omissions, unintended technical inaccuracies or typographical errors in the Services or any information accessible via the Services, as well as from any violations of ethical or moral standards applicable in your community.
8Payments and refunds
8.1. The Services may:
1)be made available, in whole or in part, subject to payment of a Service fee, including where the Service fee applies only to a specific Service or feature made available through the Services; and
2)allow you to create and manage a User Fund by carrying out User Fund transaction.
8.2. Service fee payments and User Fund transactions are separate payment arrangements.
Money placed in a User Fund is not a Service fee or any other payment made to the Company for access to or use of the Services. We will not deduct or charge a Service fee from a User Fund.
8.3. A Service fee applies only to the Service, feature and access period disclosed at the time of payment. Any other Service or feature subject to a separate Service fee will remain unavailable unless the applicable Service fee is paid separately.
8.4. All Service fee payments and User Fund transactions made through or in connection with the Services are processed by an authorised Third-Party Provider.
You must not make or attempt to make a Service fee payment or User Fund transaction through any person, service, channel, account or payment method that has not been made available or authorised by the Company or the applicable Third-Party Provider.
We may appoint, replace or add Third-Party Providers. Your continued use of the affected payment or transaction services may require you to accept the new or updated Third-Party Provider’s terms.
8.5. The Third-Party Provider may require you to:
1)create and maintain an account;
2)provide payment, billing, banking, identity, tax or other information;
3)complete identity, eligibility, sanctions, fraud-prevention or other verification procedures; and
4)accept the Third-Party Provider’s terms, privacy policy, fees and other conditions.
The Third-Party Provider is responsible for processing the relevant Service fee payments or User Fund transactions and for providing any related payment-processing, billing, settlement, funding, transfer, withdrawal, release, refund, reversal, chargeback or other payment services in accordance with the Third-Party Provider’s terms and applicable law.
You are responsible for following all instructions and security procedures applicable to the relevant Service fee payment or User Fund transaction.
8.6. By initiating, authorising or confirming a Service fee payment or User Fund transaction, you:
1)authorise the Third-Party Provider to process the payment or transaction using your selected payment method or account;
2)represent and warrant that you are authorised to use the selected payment method or account;
3)agree to provide accurate, current and complete information to the Third-Party Provider; and
4)agree to pay all applicable amounts, taxes, Third-Party Provider fees and other charges disclosed before you confirm the Service fee payment or User Fund transaction.
8.7. You are responsible for keeping your payment credentials, payment methods and accounts with Third-Party Providers secure.
8.8. The Company provides the technical interface through which you may access and use the services made available by the Third-Party Provider. The Company does not itself process or execute Service fee payments or User Fund transactions and does not receive or store your complete payment card, bank account or other payment instrument details.
8.9. The Company does not guarantee that a Third-Party Provider will approve your account, payment method, Service fee payment or User Fund transaction, or that a Service fee payment or User Fund transaction will be processed, completed, settled, released, refunded, reversed or otherwise resolved within any particular period or in any particular manner.
8.10. The Third-Party Provider may reject, delay, suspend, restrict, cancel, reverse or otherwise decline to process any Service fee payment or User Fund transaction in accordance with the Third-Party Provider’s terms and applicable law.
8.11. If a Service fee payment or User Fund transaction is declined, fails, expires, is cancelled, reversed, refunded or successfully disputed, or becomes subject to a chargeback or similar adjustment, the Company may, to the extent permitted by applicable law and as reasonably necessary:
1)withhold, suspend or withdraw access to any Service, feature, benefit or functionality associated with that Service fee payment or User Fund transaction;
2)correct the relevant Account, payment or transaction records;
3)request payment of any valid outstanding amount; or
4)restrict access to payment-related features while the matter is being reviewed or resolved.
The Company may temporarily restrict access to the affected payment-related features of the Services while the status of a Service fee payment or User Fund transaction is being determined or while suspected fraud, abuse or unauthorised activity is being investigated.
8.12. Any refund, return, withdrawal, release, reversal or recovery of funds relating to a Service fee payment or User Fund transaction will be processed by the Third-Party Provider that processed the original payment or transaction, subject to applicable law, the terms disclosed at the time of payment or transaction and that Third- Party Provider’s terms and procedures.
Where a request is required, you must submit it using the procedures made available by the relevant Third-Party Provider.
8.13. To the fullest extent permitted by applicable law, the Company will not be liable for any claim, damage, loss, cost or expense arising from:
1)your use of an unauthorised service provider, payment channel, account or payment method;
2)the rejection, delay, suspension, restriction, cancellation, reversal or failure of a Service fee payment or User Fund transaction by a Third-Party Provider;
3)the unavailability, interruption or malfunction of services provided by a Third-Party Provider;
4)inaccurate, incomplete or outdated payment, identity, banking or transaction information supplied by you; or
5)currency-conversion rates or any bank, card-provider, mobile-network, wallet-provider or other third- party fees or charges outside the Company’s control.
8.14. Before you pay a Service fee, we or the Third-Party Provider will disclose, as applicable:
1)the Service or feature to which the Service fee applies;
2)the amount of the Service fee and the applicable currency;
3)the access or subscription period;
4)the billing frequency;
5)whether the subscription renews automatically;
6)the renewal and cancellation conditions;
7)applicable taxes and other charges; and
8)any other material payment terms required by applicable law.
8.15. Your paid access may begin after the relevant Third-Party Provider confirms that the Service fee payment has been successfully authorised or completed.
8.16. If you purchase an automatically renewing subscription, you authorise the Third-Party Provider to charge the applicable Service fee and taxes to your selected payment method at the beginning of each billing period until the subscription is cancelled.
Unless otherwise disclosed at the time of purchase, a subscription will automatically renew for successive periods of the same duration, subject to the applicable terms.
8.17. You may cancel a subscription using the cancellation method disclosed at the time of purchase or made available through the Services or by the relevant Third-Party Provider. Where a subscription was purchased through an app store or another Third-Party Provider, you may be required to manage and cancel it using the platform or procedures made available by that Third-Party Provider.
8.18. Deleting or uninstalling any application through which you access the relevant Service or feature, deleting your Account or ceasing to use the relevant Service or feature does not, by itself, cancel a subscription unless expressly stated otherwise.
8.19. Unless otherwise required by applicable law, cancellation takes effect at the end of the current paid billing period, and you may continue to access and use the Service or feature covered by the subscription until the end of that period.
8.20. We may offer free trials, introductory prices, discounts or other promotional arrangements for a particular Service or feature.
The Service or feature covered by the offer, its duration, eligibility requirements, limitations, conversion date and payment conditions will be disclosed before you accept it.
Unless you cancel before the disclosed deadline, the Third-Party Provider may begin charging the Service fee when the trial or promotional period ends.
8.21. We may change the Service fee from time to time.
A change to a recurring Service fee will apply no earlier than the beginning of a subsequent billing period following any notice required by applicable law.
Where applicable law requires your consent, the new Service fee will not apply unless that consent has been obtained. You may cancel your subscription before the new Service fee takes effect.
A change to a one-time Service fee will apply only to payments made after the change takes effect.
8.22. The Services may allow you to create and manage a User Fund using services provided by the Third-Party Provider.
Money placed in a User Fund:
1)is not held or controlled by the Company;
2)is held, safeguarded, managed and processed by the Third-Party Provider in accordance with that Third- Party Provider’s terms; and
3)remains subject to these Terms of Service, any other applicable Company terms, the Fund release conditions, applicable User instructions, transaction requirements, limits, fees and verification procedures.
8.23. Where a User Fund has been created, satisfaction of the Fund release conditions does not necessarily result in its immediate or automatic release.
The availability or release of the relevant User Fund is subject to:
1)the applicable Fund release conditions;
2)the Third-Party Provider’s verification and transaction procedures;
3)the availability and accuracy of the information required to process the release;
4)any applicable waiting periods, transaction limits or security reviews;
5)the Third-Party Provider’s terms; and
6)applicable law.
The Company does not itself release or transfer money from a User Fund and does not guarantee that the Fund release conditions will be confirmed as satisfied or that a User Fund will be released at a particular time or to a particular person.
8.24. Payment-related functionality may not be available in every jurisdiction or to every User. Availability may depend on your location, User category, Account status, eligibility, payment method, the services offered by the Third-Party Provider and applicable law.
8.25. We may suspend or discontinue access to the Services or any payment-related functionality where reasonably necessary for legal, regulatory, security, fraud-prevention, technical or Third-Party Provider-related reasons, subject to applicable law.
9Class, collective and representative action waiver
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.
9.1. You and we shall make every effort to promptly resolve, through good-faith negotiations, any dispute, claim or controversy arising out of or relating to these Terms of Service, including any dispute concerning their performance, breach, termination or invalidity.
9.2. To the fullest extent permitted by applicable law, you and the Company agree that any claim, dispute or proceeding arising out of or relating to these Terms of Service or the Services must be brought solely in the individual capacity of the party asserting it.
Accordingly, to the fullest extent permitted by applicable law, neither you nor the Company may do any of the following without the prior written consent of all affected parties:
1)commence, maintain, participate in or be a member of any class, collective, mass, group, consolidated, coordinated or representative lawsuit, arbitration or other proceeding against the other party or any Protected Party, including any class-wide arbitration;
2)bring or pursue any private attorney-general action or any similar statutory, public-interest or representative claim on behalf of another person, a group of persons or the general public;
3)seek relief for, on behalf of or for the benefit of any person other than the party asserting the claim; or
4)combine, consolidate or coordinate any claim with the claim of another person.
9.3. If any part of this Section is found to be invalid or unenforceable in relation to a particular claim, remedy, person or jurisdiction, that part will be ineffective only to the minimum extent required by applicable law. The remainder of this Section will continue to apply to the fullest extent permitted by applicable law.
9.4. Each Protected Party is an intended third-party beneficiary of this Section and may enforce it with respect to claims brought against that Protected Party.
10Liability and indemnity
10.1. The Protected Parties are not responsible for indirect, incidental, special, consequential or exemplary damages. This includes, but is not limited to, lost profits, lost goodwill, lost data or any other intangible losses related to your access to or use of the Services or these Terms of Service, regardless of how the claim arises and even if the Protected Parties have been told that such damages were possible.
10.2. Our total liability to you for all claims related to your use of the Services is limited to the amount you actually paid us for that use, but in any event will not exceed USD 100 (one hundred United States dollars), or the equivalent amount in another currency calculated using the applicable exchange rate on the date on which the liability is determined. This limitation is a fundamental part of our contract with you.
10.3. You agree to indemnify, defend and hold harmless the Protected Parties from and against any third-party claim, demand, proceeding, loss, damage, liability, judgment, settlement, cost or expense, including reasonable attorneys’ fees and legal costs, arising out of or relating to:
(a)your access to or use of the Services;
(b)your violation of these Terms of Service; and
(c)your violation of any laws or regulations.
10.4. If a claim arises for which you must indemnify the Protected Parties, we may choose to defend that claim. You will cooperate fully and will not settle without the written consent of the relevant Protected Parties.
10.5. The rights and remedies provided under these Terms of Service are cumulative and are in addition to, and do not exclude, any other rights or remedies available under these Terms of Service or applicable law.
10.6. Each individual User is responsible for their own acts and omissions in connection with the Services. An organisation that is a User is responsible for the acts and omissions of any individual who accesses or uses the Services on its behalf or under an Account associated with that organisation.
Nothing in these Terms of Service makes an individual personally liable for an organisation’s obligations solely because the individual acts as the organisation’s authorised representative, except to the extent that the individual has separately breached these Terms of Service, acted without authority or incurred liability under applicable law.
11Copyright notices and content removal procedures
11.1. If you believe that any material available through the Services infringes copyright that you own or are authorised to enforce, you may request that we remove or disable access to that material by contacting us at hello@kumaapets.com.
Your notice must include:
(a)your physical or electronic signature, or the signature of a person authorised to act on behalf of the copyright owner;
(b)identification of the copyrighted work claimed to have been infringed or, where the notice concerns multiple works, a representative list of those works;
(c)identification of the material claimed to be infringing and information reasonably sufficient to enable us to locate it within the Services;
(d)your name, mailing address, telephone number and email address;
(e)a statement that you have a good-faith belief that the disputed use of the material is not authorised by the copyright owner, its agent or applicable law; and
(f)a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorised to act on behalf of the copyright owner.
We may request additional information reasonably necessary to review or process your notice.
11.2. If you believe that material available through the Services violates applicable law or infringes a legal right other than copyright, you may report it to us at hello@kumaapets.com or through the reporting functionality available within the Services, where applicable.
Your report should identify:
(a)the material concerned and its location within the Services;
(b)the law or legal right that you believe has been violated;
(c)the reasons why you believe that the material is unlawful or infringes that right;
(d)any supporting documents or other relevant information; and
(e)your contact details.
11.3. We may review any notice or report submitted under this Section and may remove or disable access to the relevant material, request additional information, notify the User who provided the material or take any other action that we consider appropriate, subject to applicable law.
Submitting a notice or report does not guarantee that the material will be removed or that any other particular action will be taken.
Where required by applicable law, we may forward a notice or information contained in it to the User who provided the relevant material or to another appropriate recipient.
A person whose material has been removed or disabled may be entitled to submit a counter-notification or otherwise contest the removal in accordance with applicable law and any instructions that we provide.
12Miscellaneous
12.1. Except to the extent that mandatory laws applicable to you provide otherwise, these Terms of Service and any dispute arising out of or relating to these Terms of Service or the Services are governed by the laws of the State of Wyoming and the applicable federal laws of the United States, without regard to conflict-of-laws principles.
Any such dispute shall be subject to the exclusive jurisdiction of the courts of the State of Wyoming having jurisdiction over the dispute. You and the Company submit to the personal jurisdiction of those courts and waive any objection based on improper venue or inconvenient forum, except to the extent that such waiver is prohibited by applicable law.
12.2. The headings in these Terms of Service are included for convenience and reference only and do not define, limit or otherwise affect the scope, meaning or interpretation of these Terms of Service or any provision contained in them.
12.3. Any use in these Terms of the words “including”, “includes”, “in particular”, “for example”, “such as” or any similar expression shall be understood as introducing non-exhaustive examples or options for illustrative purposes only. Such words and expressions shall not limit the scope of the relevant provision. Each such word or expression shall be deemed to be followed by the words “without limitation”, whether or not those words appear.
12.4. You and the Company are independent contracting parties. Nothing in these Terms of Service creates or will be construed as creating an agency, employment, partnership, joint venture, fiduciary or similar relationship between you and the Company.
Neither party has authority to act on behalf of, make representations or warranties for, enter into agreements for, or otherwise bind the other party, except as expressly provided in these Terms of Service.
12.5. We may, at our sole discretion and without any notice to you, assign our rights and obligations under these Terms of Service to any of our affiliates, subsidiaries, parent companies, joint ventures, successors, or other related entities. Such assignments will not affect your rights or obligations under these Terms of Service.
12.6. These Terms of Service, along with any documents or information referenced herein, constitute the entire agreement between you and the Company relating to their subject matter. All other communications, proposals or representations concerning the same subject matter are excluded.
12.7. No waiver by the Company of any term or condition set out in these Terms of Service will be deemed a continuing waiver of that term or condition or a waiver of any other term or condition. Any failure by the Company to assert a right or provision under these Terms of Service will not constitute a waiver of that right or provision. No waiver will be valid unless expressly set out in writing and signed by us. Any waiver will apply only to the specific matter described in the writing and will not impair our rights in any other respect or at any other time.
12.8. If any provision of these Terms of Service, or any part of a provision, is found to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, that provision will be limited or modified only to the minimum extent necessary to make it valid and enforceable, where permitted by applicable law.
If the provision cannot be validly limited or modified, it will be severed from these Terms of Service. The remaining provisions will continue in full force and effect.
13Amendment of these Terms of Service
13.1. We may amend these Terms of Service from time to time, including to reflect changes to the Services, our business practices, applicable law, regulatory requirements, security measures or the services provided by Third- Party Providers.
13.2. The current version of these Terms of Service will be available at https://kumaapets.com/terms.html and will indicate the date on which it was last updated and the date on which it takes effect. An updated version supersedes each previous version from its effective date.
13.3. Any amendments to these Terms of Service may take effect when the updated Terms of Service are posted, unless applicable law requires prior notice.
13.4. Your continued access to or use of the Services after the effective date of the updated Terms of Service constitutes your acceptance of the amendments, except where applicable law requires your express consent.
13.5. If you do not agree to an amendment to these Terms of Service, you must stop accessing and using the Services and, where applicable, cancel your subscription using the available cancellation method.
13.6. Where applicable law gives you the right to reject an amendment to these Terms of Service or terminate these Terms of Service without cost, penalty or cancellation charge, you may exercise that right within the applicable period and in accordance with the procedure specified in the applicable notice.
13.7. Nothing in this Section limits any right relating to contractual amendments that cannot lawfully be waived or restricted.
13.8. You may contact us at hello@kumaapets.com if you have questions about an amendment to these Terms of Service.
14Termination of these Terms of Service
14.1. The termination of these Terms of Service results in the cessation of your access to the Services and the deletion of your Account as prescribed by this Section.
14.2. We reserve the right to terminate these Terms of Service at any time, at our discretion and without prior notice to you or liability, if we have reason to believe that your access to or use of the Services:
(a)violates these Terms of Service;
(b)poses risks to our rights and interests; or
(c)infringes applicable laws and regulations.
14.3. You have the right to terminate these Terms of Service at any time by contacting us at hello@kumaapets.com.
You may terminate these Terms of Service only in full with respect to all Services at once. If you resume using any of the Services, you expressly agree to be bound by these Terms of Service again, provided that there are no grounds for us to terminate them.
14.4. Upon termination of these Terms of Service, all provisions of these Terms of Service that by their nature should survive termination will survive, including, without limitation, the provisions on dispute resolution and arbitration, all ownership provisions, warranty disclaimers and limitations of liability.
15Contact information
15.1. If you have questions or comments about these Terms of Service and our Privacy Policy, you may contact us at hello@kumaapets.com.
15.2. When you contact us, we expect our personnel to be polite and respectful. We expect the same from you. If you are rude to, abuse or threaten our personnel, we may restrict you to contacting us by email or refuse to provide you with further support.
If your behaviour suggests a risk to our personnel, our community or our business, we may report the matter to law enforcement.
You must not communicate with us through spam, false messages or other forms of communication that we reasonably consider objectionable. You must not disseminate any confidential or personal information provided by us to you in communications through our contact channels.