Thank you for choosing the software and services (including but not limited to website services, applications or other services) of PETDOT TECHNOLOGY, LLC (hereinafter referred to as the "Company"). The following is a copy of the End-User License Agreement (hereinafter referred to as the "License Agreement") entered into between you (an individual or entity) (hereinafter referred to as the "User") and the Company. Please read the terms and conditions of this Agreement carefully before installing, accessing or starting to use the Company's software and services. The license granted under this Agreement is conditional upon your acceptance of the terms set forth herein. By checking the box or clicking to agree to this Agreement, you represent that you accept and agree to all the terms and conditions of this Agreement. If you do not accept the terms of this Agreement, please do not proceed with the signing action. The Company reserves the right to update or change the Agreement at its sole discretion at any time. After any changes to the terms, your continued use of the Company's products or services shall indicate that you acknowledge such changes and agree to be bound by the modified terms of this License Agreement. If at any time you do not agree to the terms of this License Agreement, you must cease using any of the Company's products or services.
Both the Company and User may be individually referred to as "Party" and collectively referred to as "Parties" throughout this Agreement.
1.1 The Company allows the User to use the Company’s AI web services and the application known as "PettureX" (collectively, the "Licensed Products") by registering using certain required information like name, address, and other contact details. The User will provide and maintain true and accurate information relating to the account created by the User.
1.2 The User will be responsible for maintaining the confidentiality of the account(s) created. The User will also be fully responsible for all activities that occur under the account(s) created. The User will notify the Company immediately of any unauthorized use of the account information or any other breach of security or access.
1.3 The Company hereby grants to User a non-exclusive, non-transferable, and non-assignable license (the "License") to access and use the Licensed Products for providing a smart total care tool for and information about pets for the sole purpose of demonstration, evaluation and use for User's own personal purposes, subject to the terms and conditions of this License Agreement.
1.4 The Company may carry out, implement, and install Updates to the Licensed Products at any time at the Company’s sole discretion without any notice. The Licensed Products may not be available at all times, such as during maintenance breaks.
1.5 The User must not:
1.5.1 publish, change, modify, develop, copy or adapt the software integrated in the Licensed Products, in whole or in part, without our prior written approval;
1.5.2 reverse engineer, decompile, or disassemble the source code integrated in the Licensed Products;
1.5.3 interfere with or disrupt the servers or networks connected to or which host the Licensed Products, or disobey any requirements, procedures, policies, or regulations of networks connected to or which host the Licensed Products;
1.5.4 use the Licensed Products or any of its capabilities in such a way that it could lead to damage, shutdown, overload, damage or deterioration of the quality of our systems or security or interference with the data of other users;
1.5.5 broadcast, publish or transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or broadcast, publish or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law;
1.5.6 rent, lease, assign, grant a security interest, transfer or sell any right or interest or lend the access to the Licensed Products.
The Company does NOT provide medical advice, opinion, diagnosis, or treatment while the veterinarian the User is connected to while using the Licensed Products may provide the same. The Licensed Products in any form is intended to be used for informational purposes only, even if such information may contribute to the general care and well-being of the User's pets. The Licensed Products does not replace the advice of qualified healthcare professionals such as User's pet's veterinarian, nor does it replace the need to have regular checkups or special appointments for User's pet's health, nor will it work as a medical device. Accordingly, User shall contact qualified healthcare professionals with any questions regarding User's pets' specific medical condition(s) and seek help immediately from them in case of any emergency situation.
The contents, documents, information, materials, organization, graphics, design, compilation, digital conversion, and the ideas, procedures, processes, systems, methods, and concepts embodied within the Licensed Products or related in any way to the Licensed Products shall be the copyrights, trademarks, trade secrets, and/or other proprietary or intellectual property rights of the Company. The License is not the sale of copies, redistribution, use, or publication of the Licensed Products (except for the sole purpose of using for the permitted use as set forth in Section 2) and does not render User the owner of such copy, restriction, use, or publication of the Licensed Products. Ownership of the Licensed Products and all related components and technologies shall at all times remain with the Company, regardless of who may be deemed the owner of the tangible media in or on which the Licensed Products may be copied, encoded, or otherwise fixed.
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE LICENSED PRODUCTS AND ANY THIRD-PARTY SOFTWARE DOWNLOADED AND INSTALLED BY USER IS AT USER'S SOLE RISK. THE LICENSED PRODUCTS PROVIDED HEREUNDER IS PROVIDED "AS IS," WITHOUT WARRANTIES OR PROMISES, WHETHER EXPRESS OR IMPLIED, OR BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE. THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF SUCH LICENSED PRODUCTS (IF ANY) SHALL BE WITH USER. THERE IS NO REPRESENTATION OR WARRANTY HEREIN AGAINST INTERFERENCE WITH USER'S ENJOYMENT OR AGAINST INFRINGEMENT. COMPANY AND ITS AFFILIATES DISCLAIM ANY AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE LICENSED PRODUCTS AND THIRD-PARTY SOFTWARE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, OR THAT USER'S USE OF THE LICENSED PRODUCTS WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. USER ACKNOWLEDGES THAT NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY THIRD-PARTY LICENSORS HEREIN.
IN NO EVENT WILL THE COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, LOST PETS, DEATH, SICKNESS, OR INJURY OF ANY PERSON OR PETS, OR OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE AGREEMENT OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED BY THE COMPANY, WHETHER THE LICENSED PRODUCTS OR ANY THIRD-PARTY SOFTWARE, UNDER THIS LICENSE AGREEMENT OR THE USE THEREOF, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTWITHSTANDING ANYTHING CONTRARY HERETO, THE AGGREGATE LIABILITY OF THE COMPANY UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS LICENSE AGREEMENT OR ANY PRODUCTS OR SERVICES FURNISHED OR TO BE FURNISHED BY THE COMPANY UNDER THIS LICENSE AGREEMENT SHALL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY USER TO THE COMPANY UNDER THIS LICENSE AGREEMENT.
The Company's Privacy Policy describes how the Company handles the information User provides when User uses the Company's Licensed Products and any related services. User acknowledges and agrees that, through the use of the Licensed Products, User consents to such collection and use as set forth in the Privacy Policy of this information as incorporated herein.
In connection with User's use of the Licensed Products, User may acquire or obtain access to third-party services, including internet or mobile services and any website that is not operated by the Company ("Third-Party Services"). The Company shall not be responsible for examining or evaluating the content or accuracy of any Third-Party Services and shall not be liable for any such Third-Party Services. User shall use the Third-Party Services at his/her/its sole risk, and shall be responsible for ensuring that the Third-Party Services (including, without limitation, computer systems, internet connectivity, and cellular services) with which User chooses to operate the Licensed Products meets Company's minimum requirements, including, without limitation, the processing speed, memory, and the availability of dedicated internet access required for the Licensed Products, and that User and its authorized use of such Third-Party Services with the Licensed Products is not in violation of any licenses, terms, conditions, laws, rules and/or regulations regarding the use of such Third-Party Services. The Company reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any Third-Party Services at any time without notice or liability to User.
This License Agreement, the Privacy Policy, and other terms or agreements accepted or executed by the Parties for the use of the Licensed Products contains all of the terms and conditions of use of the Licensed Products and supersedes any prior understandings or agreements, whether oral or written, between the Parties. Each Party represents and warrants to the other that he/she/it is not relying on any representations made before or outside of the above-described agreements and documents. This License Agreement may be amended, modified, or updated by the Company at any time at its sole discretion with or without a prior notice.
If any provision of this License Agreement is held invalid or unenforceable, the remainder of this License Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.
The use of the terms of this License Agreement and any disputes or matters arising from or incidental to the use of the Licensed Products shall be governed by the laws of the People's Republic of China (the "PRC", for the purpose of this License Agreement and for geographical reference only, references in this License Agreement to "PRC" do not apply to Hong Kong, Macau Special Administrative Region and Taiwan), unless otherwise stated.
In no event shall either Party be liable to the other Party, or be deemed to have breached this License Agreement, for any failure or delay in performing its obligations under this License Agreement, including the Company's duty to provide the Licensed Products to User, if and to the extent such failure or delay is caused by any circumstances beyond such Party's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, stoppage of public utility services, or passage of law or any action taken by a governmental or public authority (including imposing an embargo).
This License Agreement shall be interpreted in accordance with the plain meaning of its terms and no part of this License Agreement shall be construed strictly for or against either of the Parties for any vagueness or ambiguity. The Parties represent and warrant that (i) each of them has carefully and completely read, and fully understands all the provisions of this License Agreement, has had an opportunity to consult with a legal counsel or actually consulted with a legal counsel, and voluntarily, knowingly, and willingly intends to be legally bound by the same; (ii) the terms of this License Agreement were determined through negotiation between the Parties themselves and this License Agreement is mutually drafted by the Parties; and (iii) in executing this License Agreement, each of the Parties does not rely and has not relied upon any representation or statement made by the other Party, or by the other Party's agents, attorneys, or representatives with regard to the subject matter, basis, or effect of this License Agreement or otherwise, other than those specifically stated in this License Agreement.
All claims, disputes, controversies, or disagreements of any kind whatsoever arising out of or relating to this License Agreement or the Licensed Products, excluding legal action taken by the Company to collect or recover damages for, or obtain any injunction related to Section 2 or Section 3 of this License Agreement, shall be submitted to the [Hong Kong International Arbitration Centre (the "HKIAC")] for final resolution by arbitration in accordance with the [arbitration rules of HKIAC] as they are in effect at the time. The arbitration proceedings shall be conducted in English.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE LICENSED PRODUCTS FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. USER AGREES THAT, BY ENTERING INTO THIS LICENSE AGREEMENT, THE PARTIES ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
If any legal action or proceeding or alternative dispute resolution proceeding is necessary to enforce or interpret the terms of this License Agreement or to recover damages resulting from a breach of this License Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, as well as costs and expenses, in addition to any other relief to which it may be entitled.
The failure by the Company at any time to enforce any of the provisions of this License Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this License Agreement. The Company's waiver of User's default shall not be deemed a continuing waiver, but it shall apply solely to the instance to which such waiver is directed.
The Company may assign, delegate and/or otherwise transfer this License Agreement or its rights and obligations hereunder to any person or entity, which purchases or otherwise succeeds to the business of the Company to which this License Agreement pertains. User may not assign, delegate, or otherwise transfer this License Agreement or any of its rights or obligations hereunder without the prior written consent of the Company. This License Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
This License Agreement may be executed on separate copies, any one of which need not contain signatures of more than one party, but all of which taken together will constitute one and the same Agreement.
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