Terms of Use

These Terms of Use govern your use of the ViftyDog application and services (the “Services”).

Authorized use of the Services

The Services enable, while walking the dog, the owner of a ViftyDog GPS-enabled device or other mobile device (the “Device”) to, on a map, visualize all dogs, via the location of the Device. You agree that the Device must be in the possession of the owner of the Device at all times when ViftyDog is active.  Any other uses of the Services are not authorized by ViftyDog and are undertaken at your own risk. If ViftyDog has a reasonable belief that you use the Services for purposes other than those listed above, ViftyDog reserves the right to terminate your access to the Services immediately. Without limiting the generality of the foregoing, you must not use the Services to stalk, harass, harm or threaten to harm, or to invade the privacy of, any person.

Opt-Out of Repeated Notices

In some jurisdictions, including Germany, ViftyDog may be required to repeatedly notify you that location information has been collected from your Device for purposes of providing you with the Services, unless you opt-out of such repeated notices. By accepting this Terms of Use, you opt-out of receiving such repeated notices.

Compliance with laws and regulations

You agree to ensure that your use of the Services complies with applicable laws and regulations in your area regarding the use of location tracking products and services. ViftyDog will not be responsible for your use of the Services in violation of any laws or regulations.

Disclaimer of Certain Damages

IN NO EVENT WILL ViftyDog BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ViftyDog IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

ViftyDog’s Liability

Any use of the Services is at your own risk. ViftyDog makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Services or about the results to be obtained from using the Services.

Terms

These Terms of Use shall continue for as long as you use the Services provided; however, your use will terminate automatically without notice from ViftyDog if you fail to comply with any of these terms and conditions. ViftyDog also reserves the right to discontinue offering any data or services provided by a third party if such supplier ceases to supply such data or services to ViftyDog or ViftyDog’s contract with such supplier terminates for any reason.