Terms of Use
INTRODUCTION
These Terms of Use (the “Terms“) apply to your access and use of our mobile application “Woofz” (the “App”), our websites (including but not limited to https://www.woofz.com/), our blog, and all related services, features, materials, and Content (as defined below) available for you use (collectively the “Service“) provided by NOVE8 LTD, a company duly incorporated in the Republic of Cyprus and registered address at Prodromos, 75, Oneworld Parkview House, Floor 4, 2063, Nicosia, Cyprus (“we”, “us”, “our” or the “Company”).
If you have any questions about the Terms or our Service, please contact us at https://woofz.com/contact-us.
Depending on your location, the platform through which you access the Service, or other relevant factors, your subscription, or purchase may be processed by one of Nove8’s authorised billing and payment partners. These partners are:
- NOVE8 LTD, a company duly incorporated in the Republic of Cyprus with its registered address at Prodromos, 75, Oneworld Parkview House, Floor 4, 2063, Nicosia, Cyprus.
- PETCARE PREMIUM INC, a company operating under the laws of Delaware having its registered office situated at 131 Continental Dr, Suite 305, Newark, 19713, and county of New Castle, Delaware.
Where your subscription or purchase is processed by one of these partners, that partner is responsible for billing, payment collection, subscription activation, and the management of refunds and payment disputes in connection with that transaction.
Regardless of which entity processes your payment, your access to and use of the Service is governed solely by these Terms and Nove8’s Privacy Policy. Nove8 remains responsible for the Service, its content, functionality, and performance. The billing and payment partners listed above are not responsible for the Service itself and have no obligations in relation to its operation, functionality, or content. Neither Nove8 nor any billing and payment partner shall be jointly liable for the other's obligations.
IMPORTANT NOTICE REGARDING AUTOMATIC RENEWALS
THIS SERVICE INCLUDES AUTO-RENEWING SUBSCRIPTIONS. BY STARTING A TRIAL OR COMPLETING A PURCHASE, YOU AGREE THAT YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AT THE END OF EACH BILLING CYCLE UNLESS CANCELLED AT LEAST TWENTY-FOUR (24) HOURS BEFORE RENEWAL.
IF YOU DO NOT CANCEL IN TIME, THE APPLICABLE FEE WILL BE CHARGED TO YOUR CHOSEN PAYMENT METHOD. DELETING THE APP OR YOUR ACCOUNT DOES NOT CANCEL YOUR SUBSCRIPTION. TO STOP RENEWAL, YOU MUST CANCEL SUBSCRIPTION THROUGH YOUR ACCOUNT SETTINGS ON THE APP STORE, GOOGLE PLAY, OR WEBSITE, DEPENDING ON WHERE YOU SUBSCRIBED.
FOR MORE DETAILS, SEE SECTION 6 – SUBSCRIPTION TERMS AND RENEWALS.
BINDING ARBITRATION AND DISPUTE RESOLUTION NOTICE
These Terms include a Binding Arbitration Provision in Section 18 that significantly impacts your legal rights. The arbitration provision mandates that any disputes or claims arising from or related to these Terms or our Service will be resolved exclusively through arbitration on an individual basis.
Additional Key Provisions:
CLASS ACTION WAIVER: Section 18 includes a waiver of your right to participate in class actions or other collective proceedings.
DISCLAIMERS OF WARRANTIES: Section 10 contains disclaimers regarding warranties related to our Service.
LIMITATION OF LIABILITY: Section 11 outlines the limitations on our liability for damages or losses
It is essential that you carefully review all sections of these Terms to fully understand your rights and obligations. By accessing, downloading, installing, or using any part of our Service, you confirm that you have read, understood, and agreed to be bound by these Terms.
IF YOU DO NOT AGREE TO THESE TERMS (INCLUDING BUT NOT LIMITED TO BINDING ARBITRATION PROVISION), YOU MUST NOT ACCESS OR USE OUR SERVICE. CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ONGOING AGREEMENT TO THESE TERMS.CHANGES TO THESE TERMS
We may change, modify, or remove portions of these Terms at our sole discretion. If we make changes to these Terms, we may post the updated version within our Service and revise the “Effective Date” accordingly. At our discretion, we may also notify you of significant changes.
If you do not agree with any updated Terms, you must stop using the Service, delete your account, or cancel your subscription before the Effective Date. Your continued use after changes are implemented constitutes your acceptance of the updated Terms. We encourage you to regularly review these Terms for updates.
IMPORTANT DISCLAIMERS
Our App provides tools and resources to support your overall pet-training journey. By using our Service, you acknowledge and agree to the following disclaimers.
For Educational and Informational Purposes Only. Our Service provides access to guidance on pet training, behavior, socialization, and general wellness from experienced dog handlers. However, the information and consultations offered through the Service are intended for educational and informational purposes only and should not be considered a substitute for professional veterinary, nutritional, or medical advice. Dog handlers do not diagnose, prescribe, or treat health conditions, and we make no guarantees regarding the effectiveness or outcomes of any training program.
No Guaranteed Results. Every pet is unique, and training outcomes vary based on individual temperament, past experiences, and owner commitment. While our dog handlers provide guidance on a lesson-by-lesson basis with the goal of teaching you how to train and work with your pet, neither we nor our handlers guarantee specific results. The success of any training or behavior modification program depends on numerous factors beyond our control, and we are not responsible for your pet’s behavior during or after training.
No Veterinary or Medical Advice. All information provided through our Service is for general guidance only and should not be relied upon as veterinary or medical advice. Our Service does not replace an in-person evaluation by a qualified veterinarian who has examined your pet or possesses firsthand knowledge of its condition. If you have any concerns regarding your pet’s health, anxiety, or well-being, always consult a licensed veterinarian or animal health professional.
Consult a Veterinarian. Never disregard professional veterinary advice or delay seeking it due to information obtained through our Service.
Limitation of Liability. By using our Service, you acknowledge that you assume full responsibility for your pet’s behavior, training progress, and any consequences resulting from reliance on the information provided. We and our dog handlers expressly disclaim any liability related to your use of the Service. You access and utilize the Service at your own risk.
REGISTRATION AND ELIGIBILITY
Age Restrictions. Our Service is intended for individuals aged 18 or older, or the minimum age required by applicable law. We do not knowingly allow children to register for or use our Service. If you become aware that a child is using our Service in violation of these Terms, please contact us at https://woofz.com/contact-us, and we will take necessary actions to address the issue.
Access to the Service. To use and fully access our Service, you may be required to create an account (“Account”). By doing so, you agree to provide accurate, current, and complete information and to promptly update any changes to your information. You are responsible for ensuring that all activities performed through your Account represent your own authentic use of the Service.
You accept full responsibility for any actions or activities conducted under your Account, whether through your computer, mobile device, or other means. Your login credentials, including your username and password, are strictly for personal use and must be kept secure and confidential. Sharing your login credentials with others is expressly prohibited, and any breach of this obligation may result in suspension or termination of your Account.
If you suspect unauthorized access to your Account or any security breach, you must notify us immediately at https://woofz.com/contact-us.
If you create an Account or use our Service on behalf of another person or entity, you confirm that you have the authority to accept these Terms on their behalf.
SUBSCRIPTIONS
General InformationCertain features of the App are available exclusively through a paid subscription. We offer subscription plans on a weekly, monthly, and annual basis, as well as any other billing intervals we may introduce from time to time. Subscriptions may be purchased through the Apple App Store, Google Play, or directly through our website using the payment methods available at checkout, which may include credit and debit cards, PayPal, Apple Pay, and Google Pay.
We may offer promotional or discounted pricing from time to time. Unless expressly stated otherwise, any promotional rate may apply to the current billing period, any future billing periods, and any renewal (rebilling) periods, and may be modified or withdrawn at our discretion. Your subscription does not entitle you to any features, functionality, or content not yet made available, and your purchase is not contingent on any future updates or releases.
Trial SubscriptionsWhere a trial period is offered, this will be clearly communicated to you before you complete your purchase. The trial notice will state: (i) whether the trial is free or paid; (ii) the duration of the trial; (iii) the full subscription fee that will apply upon conversion; (iv) the exact date on which your payment method will first be charged; and (v) how to cancel before the trial ends. If no trial is stated at the point of purchase, your subscription begins and is charged immediately. We reserve the right to limit your eligibility for trial offers. If we determine that a trial is being accessed in a manner inconsistent with these Terms, we may cancel the trial and charge the applicable subscription fee immediately.
AUTOMATIC CONVERSION TO PAID SUBSCRIPTION:UNLESS YOU CANCEL YOUR TRIAL AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF THE TRIAL PERIOD, YOUR SELECTED PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED THE APPLICABLE SUBSCRIPTION FEE DISPLAYED AT THE TIME OF PURCHASE. THE PAID SUBSCRIPTION WILL BEGIN IMMEDIATELY UPON THE TRIAL’S EXPIRATION AND WILL CONTINUE ON A RECURRING BASIS UNLESS CANCELLED IN ACCORDANCE WITH THESE TERMS.
Subscription Terms and RenewalsHow renewal works. Your subscription renews automatically at the end of each billing cycle (weekly, monthly, annually, or as selected at purchase) unless you cancel before the renewal date in accordance with Section 6. By subscribing, you authorise us, or our merchant of record partner, where applicable, to charge your payment method for each renewal period at the then-current subscription fee without further action from you.
Renewal charge timing. The renewal charge will be processed within 24 hours before the end of the current billing period. A cancellation submitted less than 24 hours before a scheduled renewal may not take effect until after that renewal has been processed, in which case you will retain access through the end of the period for which you have been charged. This 24-hour limitation does not apply where you are exercising a statutory cancellation right that entitles you to cancel with immediate effect or to a refund.
Renewal reminders. Where required by applicable law, we will send you a reminder before your subscription renews. If you do not receive the required notice, please contact us at https://woofz.com/contact-us before the renewal date.
Pricing and Fee Changes. We may change our subscription fees at any time. We will use reasonable efforts to notify you of any fee change before it takes effect. The updated fee will apply from the start of the next billing period following the change. If you do not accept the new fee, you must cancel your subscription before the start of that billing period to avoid being charged at the new rate. Promotional discounts apply to the initial payment only and do not affect subsequent renewal fees unless expressly stated.
Payment and BillingAuthorisation. By subscribing or completing a purchase, you authorise us, or our merchant of record partner, where applicable, to charge your selected payment method at checkout or, where a trial applies, at the end of the trial period, and to charge it again automatically at the start of each renewal period in accordance with Section 6. You represent and warrant that you are authorised to use the payment method you provide and agree to keep your billing information accurate and up to date.
Platform billing. If you purchase or activate a subscription through the Apple App Store or Google Play, all billing is handled directly by Apple or Google respectively. Charges will appear on your App Store or Google Play account statement. We do not have access to your payment details in these cases, and all billing questions relating to platform purchases must be directed to Apple or Google.
Website billing. If you purchase a subscription directly through our website, payment will be processed through our authorised payment processor or merchant of record partner using the method selected at checkout.
Failed payments. If your payment method is declined, expires, or is otherwise unavailable, we may suspend or terminate your access to the subscription or purchased content until valid billing details are provided. We may make reasonable attempts to retry the charge before suspending access.
Validation charge. A small temporary charge may be applied to verify the validity of your payment method at the time of first use. This amount will be refunded promptly and will not be retained.
Payment Disputes. If you believe a billing charge is incorrect, you must notify us in writing at https://woofz.com/contact-us within fourteen (14) calendar days from the transaction date. Failure to do so may result in forfeiture of your right to dispute the charge. Submitting a chargeback or payment dispute without first contacting us to resolve the issue may result in suspension or termination of your Account.
Refunds and Cancellation PolicyDepending on your country of residence, you may have a statutory right to cancel your subscription within a specified period and receive a full or partial refund. These rights exist independently of and in addition to any contractual terms we set out, and nothing in these Terms limits or excludes them.
If you are resident in an EU member state or United Kingdom, you have a 14-day withdrawal right from the date your contract is concluded. This right is lost only if all three of the following conditions are met: performance of the service has begun during the withdrawal period; you gave your prior express consent to early performance; and you acknowledged at the time of purchase that you would lose your withdrawal right upon performance beginning. Where all three conditions are satisfied, we may apply a pro-rata deduction for the portion of the service already used before you exercised the right.
If you are resident in Brazil or Quebec, Canada, you have a 7-day cancellation right from the date of contracting. You are entitled to a full refund.
If you are resident in Argentina, you have a 10-day withdrawal right from the date of contracting. You are entitled to a full refund.
If you are resident in Mexico, you may cancel your subscription at any time by using the immediate cancellation mechanism described in this Section. You are entitled to a full refund.
If you are resident in California or Connecticut, you may cancel your subscription within three (3) business days of the date of purchase and receive a full refund, provided there has been no material breach of these Terms on your part.
Argentina — ARREPENTIMIENTO right. If you are resident in Argentina, you may exercise your 10-day withdrawal right at any time within 10 days of contracting by using the clearly labelled withdrawal mechanism available on our homepage, by submitting a request via https://woofz.com/contact-us or by accessing the Ventanilla Única Federal de Defensa del Consumidor at this link.
To exercise any of the statutory rights described above, please contact us at https://woofz.com/contact-us or use the cancellation method applicable to your purchase as further described in this Section 6. We will process your request without undue delay and, where a refund is due, return the amount to your original payment method within the period required by the law of your jurisdiction.
App Store or Google Play Purchases: If you purchased your subscription through the Apple App Store or Google Play, all refund requests must be directed to Apple or Google respectively. Each platform manages all billing and refund decisions for purchases made through it independently of us, and we are not in a position to process or influence refunds for platform purchases. Please refer to Apple's or Google's own refund and support pages for the applicable process.
Website purchases. Outside of the statutory rights set out in Section 6, refunds for subscriptions purchased directly through our website are limited. A refund will be considered only where there is a confirmed technical fault: that is, where a verifiable fault on our part prevents the Service from functioning as described, and where that fault cannot be remedied within a reasonable period. To be assessed, you must provide us with sufficient technical detail to allow us to identify and reproduce the issue. We will only approve a refund once we have confirmed that the fault materially affects your ability to use the Service. Issues that are speculative, unverified, or that relate to features working as intended do not qualify.
Your statutory rights are not affected by anything in this section. We do not offer refunds where you have changed your mind, where the subscription has not been used, or on the basis of dissatisfaction alone.
Refund Processing. Where a refund is approved, it will be credited to the payment method you used for the original transaction. Please allow up to 14 calendar days for the credit to appear in your Account, as processing times vary depending on your bank or payment provider. Only one refund will be issued per transaction. If you have already received a refund from us in respect of a charge, you must not simultaneously or subsequently seek a chargeback or payment reversal from your bank or payment provider for the same amount. If a duplicate recovery is obtained, we are entitled to recover the excess.
IMPORTANT: UNINSTALLING THE APP OR DELETING YOUR ACCOUNT DOES NOT CANCEL YOUR SUBSCRIPTION. RECURRING CHARGES WILL CONTINUE UNTIL YOU ACTIVELY CANCEL AUTO-RENEWAL USING ONE OF THE METHODS BELOW. YOU MUST CANCEL BEFORE THE START OF YOUR NEXT BILLING PERIOD TO AVOID BEING CHARGED FOR THAT PERIOD.
To avoid being charged for the next billing cycle, you must cancel your subscription before the current billing period ends. Where you are exercising a statutory right, the cancellation rules specific to your jurisdiction apply, and you may be entitled to cancel with immediate effect or with a refund regardless of where you are in the billing cycle.
Website subscriptions. You may cancel a subscription purchased through our website by either of the following methods:
- In-account cancellation: Log in to your account → open the Web Profile → navigate to the Subscriptions tab → select “Turn off auto-renewal”
- By request: Submit a cancellation request via our contact form at https://woofz.com/contact-us. We will confirm receipt and process your cancellation promptly.
Both methods are available 24 hours a day, 7 days a week.
For App Store Purchases: If you subscribed or started a trial through the App Store, manage your subscription settings within your Apple Account. Ensure cancellation is completed at least 24 hours before the trial or current subscription term ends. For more information, visit Apple’s support page on managing subscriptions.
For Google Play Purchases: If you subscribed or started a trial through Google Play, manage your subscription settings within your Google Account. Cancellation must be done at least 24 hours before the trial or current subscription term ends. Learn more about managing subscriptions on Google’s support page.
EU and UK — withdrawal button. If you are resident in an EU member state or the United Kingdom, a withdrawal mechanism is accessible throughout the statutory withdrawal period and is labelled clearly as a cancellation or withdrawal option. You may use it at any time during the 14-day period referred to in Section 6 without needing to provide a reason. To exercise your right of withdrawal, where applicable, you must send an unequivocal statement of your intention to withdraw from the contract (i.e., these Terms). This can be done by:
- submitting your notice via our online contact form at https://woofz.com/contact-us
- sending a written notice by post to one of the following addresses:
- NOVE8 LTD, a company duly incorporated in the Republic of Cyprus with its registered address at Prodromos, 75, Oneworld Parkview House, Floor 4, 2063, Nicosia, Cyprus.
- PETCARE PREMIUM INC, a company operating under the laws of Delaware having its registered office situated at 131 Continental Dr, Suite 305, Newark, 19713, and county of New Castle, Delaware.
Your withdrawal notice must be sent no later than 24 hours before the expiration of the withdrawal period. Unless otherwise waived, the withdrawal period expires 14 days from the day you entered into the contract. While not mandatory, you may use the following template to exercise your right of withdrawal:
I/we* hereby withdraw from the contract concluded by me/us* for the purchase of the following goods*/the provision of the following service*:
Ordered on*/received on*:
Name of the consumer(s):
Address of the consumer(s):
Date:
*Delete as applicable.
ChallengesFrom time to time, we may offer various challenges. If you purchased a subscription on the Site, in conjunction with a promotional offer such as “Complete a 30-day dog training plan and receive a full refund”) (hereinafter referred to as the “Promotional Offer”) you may qualify you for a refund by fulfilling all the conditions described below. For the purposes of these Terms, the term “Challenge” refers to the specific set of daily goals defined within the applicable Promotional Offer.
Eligibility and Completion RequirementsYou must complete your Challenge within sixty (60) calendar days from the date of subscription purchase.
Once you start the Challenge, you must complete 30 daily goals included in the Challenge consecutively within a 30-day period.
Here are a few illustrative cases:
Eligible: Subscription purchased on December 15; Challenge started December 26; completed for 30 consecutive days. Refund applicable.
Ineligible: Subscription purchased December 15; Challenge started December 26; completed 15 days consecutively, missed one day, then completed 15 more days. Refund not applicable due to non-continuous completion.
Ineligible: Subscription purchased December 15; Challenge started February 20; completed for 30 consecutive days. Refund not applicable due to exceeding the 60-day period from purchase.
Ineligible: Subscription purchased without a Promotional Offer. Refund not applicable as no Promotional Offer was provided.
Submission of Refund RequestAfter completing the Challenge, you must:
- Contact us within thirty (30) calendar days of Challenge completion through the designated form at https://woofz.com/contact-us
- Provide the email used for subscription purchase.
- Describe briefly the reason for the refund request.
- Attach two screenshots from the App, showing daily goal progress using the following way:
- Open the “My plan” tab;
- Tap on the target icon in the bottom left corner of the screen;
- Take 2 screenshots with the daily goal progress visible on the screen: one showing “Today's goal” progress on Day 1 and the other on Day 30.
Here are a few illustrative cases:
Eligible: Subscription purchased on Dec 15; Challenge started on Dec 25; completed for 30 consecutive days. Contacted us via https://woofz.com/contact-us provided the email used during subscription purchase, described the refund reason, and attached screenshots showing daily progress on Day 1 and Day 30. Refund applicable.
Ineligible: Subscription purchased on Dec 15; Challenge started on Dec 25; completed for 30 consecutive days. Contacted us via https://woofz.com/contact-us but failed to attach required screenshots or submitted incorrect screenshots. Refund not applicable as the required visual proof of Challenge completion was not submitted correctly.
Ineligible: Subscription purchased on Dec 15; Challenge started on Dec 25; completed for 30 consecutive days. Used a method other than https://woofz.com/contact-us to contact us, though provided email address, refund description, and screenshots. Refund not applicable due to use of an incorrect communication method.
Ineligible: Subscription purchased on Dec 15; Challenge started on Dec 25; completed for 30 consecutive days. Contacted us via https://woofz.com/contact-us, but did not provide the email address used for subscription purchase and/or failed to describe the refund reason. Attached screenshots correctly. Refund not applicable due to incomplete refund request details.
Additional Provisions:Refund Limit: Refund amount is capped at USD $35.00.
Refund Method: Refunds are processed to the original payment method.
REFUND SCOPE: REFUND APPLIES ONLY TO THE FIRST SUBSCRIPTION PAYMENT. SUBSEQUENT PAYMENTS, INCLUDING RENEWALS OR ADDITIONAL OFFERS, ARE NON-REFUNDABLE.
YOU ARE ELIGIBLE FOR THE CHALLENGE ONLY ONCE. RE-PURCHASING A SUBSCRIPTION AFTER RECEIVING A REFUND DISQUALIFIES YOU FROM FURTHER PARTICIPATION.
VIOLATION OF ANY TERMS OR RULES ASSOCIATED WITH THE PROMOTIONAL OFFER OR THESE TERMS MAY RESULT IN DISQUALIFICATION FROM A REFUND.
AUTO-RENEWAL REMAINS IN EFFECT UNLESS EXPLICITLY CANCELED.
Bundled Products and Partner OfferingsWe may offer bundled packages comprising our designated subscriptions together with third-party products supplied by our partners (the “Bundle”). For instance, you may be presented with an opportunity to purchase a dog tracker provided by our partners or any other third-party product or services (the “ Bundled Product”), in conjunction with a relevant subscription. The inclusion of the Bundled Product within a Bundle does not alter the separate legal obligations applicable to the subscription and the Bundled Product, respectively.
Cancellation and Return of Subscription and Bundled ProductThe subscription and the Bundled Product are distinct and must be cancelled and returned separately. Cancellation of the subscription shall be subject to our policies as set out in these Terms. If you are not entitled to a refund under these Terms, no refund shall be provided even if the Bundled Product has been returned. Return of the Bundled Product does not automatically entitle you to a refund. The return of the Bundled Product alone does not entitle you to an automatic refund of the subscription fee. If you return the Bundled Product separately, you must do so in strict compliance with partner’s Terms of Use, Privacy Policy, Cookie Policy, Return & Refund Policy of the relevant Bundled Product (the “Partner’s Policies ”), which sets out the conditions and procedures governing returns and refunds. For instance, return of the Invoxia Bundled Product shall be subject to the Invoxia Return & Refund Policy, and must be handled directly with Invoxia in accordance with its terms.
Refunds for Bundled PurchasesWhere you purchased a Bundle and wish to receive a refund for the subscription or Bundled Product, you must comply with:
- the Partner’s Policies - in respect of the Bundled Product, or
- our subscription refund policy - in respect of the designated subscription.
If the return conditions for either the subscription or the Bundled Product are met, the applicable refund will be processed in accordance with the respective terms governing each item.
Third-Party Terms and ResponsibilitiesPrior to purchasing any Bundled Product as part of a Bundle, it is your responsibility to carefully review and fully understand the relevant Partner’s Policies, and any other applicable policies. By proceeding with the purchase, you acknowledge and accept that:
- You are bound by the partner’s policies in relation to the use, data processing, return process, and potential refunds for the Bundled Product;
- failure to comply with the Partner’s Policies may affect your entitlement to a refund or other remedies; and
- the applicable partner (and not us) shall be solely responsible for handling all matters relating to defects, replacements, warranties, or other issues arising from the use of the Bundled Product.
We shall not be responsible for any non-compliance with the Partner’s Policies or any other third-party supplier and disclaim all liability in respect of any claims, disputes, or losses arising from the supply, performance, or use of any Bundled Product.
By purchasing a Bundle via our Service, you expressly acknowledge and agree that any claims relating to the Bundled Product must be addressed exclusively to the relevant partner, and we bear no responsibility for any product defects, malfunctions, non-performance, or warranty-related claims. Where a dispute arises in connection with the Bundled Product, your sole recourse shall be against the relevant partner in accordance with the relevant Partner’s Policies Use. The provisions of Section 13 of these Terms shall also apply to the relationship arising in connection with the purchase of Bundle.
If you have any questions regarding Bundles, cancellations, returns, or refunds, please contact us at https://woofz.com/contact-us prior to making your purchase.
YOUR USE OF THE SERVICE
Your Representations and Warranties. By accessing or using the Service, you represent, warrant and agree that:
- You have the legal capacity to enter into these Terms and agree to comply with them fully.
- You are at least 18 years of age or the age of majority in your jurisdiction, if higher.
- All information you provide to us in connection with your use of the Service is true, accurate, and complete.
- You will not use the Service for any illegal or unauthorized purposes and will ensure your use complies with all applicable laws and regulations, including those of your jurisdiction.
- You will not misuse the Service or any Content published by us or third parties.
- You are not listed on any U.S. Government list of prohibited or restricted parties, including but not limited to the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce Denied Persons List or Entity List.
- You are not an individual or associated with any entity designated under the UK’s Terrorist Asset- Freezing etc. Act 2010 (TAFA 2010) or any equivalent legislation.
- You agree to comply with all applicable export and re-export control laws and regulations, including those of the United States, the United Kingdom, and any other relevant jurisdictions. This includes restrictions on the transfer of goods, software (including the Service), technology, and services.
- The availability and functionality of the App depend on the third-party platform from which you downloaded it (e.g., the Apple App Store or Google Play Store, collectively, “App Stores”). You agree to pay any applicable fees required by the App Store and to comply with its terms, conditions, and policies. The App Stores and their subsidiaries are third-party beneficiaries of these Terms and may enforce them to the extent necessary to protect their rights.
Your Permitted Use of the Service. We allow you to use the Service exclusively for your personal, non- commercial purposes, as intended and defined by us. Any use of the Service for commercial activities, or any purpose not expressly authorized or approved by us, is strictly prohibited.
Your Prohibited Use of Service. You agree not to use the Service, directly or indirectly, for any unlawful or unauthorized purposes, or in a manner that violates these Terms, including but not limited to:
- developing, operating, or assisting in the development or operation of a product, service, or software that competes with or serves as a substitute for the Service;
- engaging in activities that could damage, disable, overburden, or impair the functionality of the Service or its underlying systems, or interfere with another user’s access to or enjoyment of the Service;
- conducting any fraudulent, deceptive, or harmful activities, including uploading or distributing viruses, worms, trojan horses, or other malicious code designed to disrupt or harm the Service, users, or third parties;
- copying, adapting, altering, modifying, translating, or creating derivative works based on the Service or any part thereof, without prior written permission from us;
- engaging in unauthorized framing of or linking to the Service, or embedding it within another service without our permission;
- reverse engineering, decompiling, disassembling, or otherwise attempting to extract source code or underlying ideas from the Service, except as explicitly permitted by applicable law;
- attempting to bypass, disable, or interfere with security features or technological protections of the Service;
- removing, obscuring, or altering any copyright, trademark, or other proprietary notices contained within the Service;
- using the Service for any revenue-generating, commercial, or promotional purpose without our express written approval;
- sharing, sublicensing, assigning, selling, renting, leasing, or otherwise transferring your access to the Service or its Content or User-Generated Content to others without authorization;
- publishing, uploading, or distributing User-Generated Content that is unlawful, harmful, defamatory, obscene, violent, hateful, harassing, or otherwise objectionable, as determined by us in our sole discretion;
- uploading or transmitting User-Generated Content that infringes upon the intellectual property rights, privacy, or other rights of third parties;
- uploading User-Generated Content containing malware, corrupted files, or other harmful elements that may damage or disrupt the Service or its users;
- conducting, facilitating, authorizing, or permitting any text or data mining or web scraping activities in connection with our Service. This prohibition includes, but is not limited to, the use of any automated tools, including “robots”, “bots”, “spiders”, “scrapers”, or similar programs, algorithms, or processes to: (i) access, obtain, copy, monitor, or republish any portion of the website, its content, data, or Service; or (ii) analyze text or data in digital form to derive patterns, trends, correlations, or other insights. This clause constitutes an express reservation of our rights concerning text and data mining or web scraping. Where applicable law prevents us from restricting or excluding such activities by contract, this clause shall only apply to the extent permitted by law.
Right to Refuse or Terminate Access. We reserve the right, at our sole discretion, to refuse, restrict, suspend, or terminate your access to the Service, in whole or in part, at any time and without prior notice, if we determine that: (a) any information you have provided is false, inaccurate, outdated, or incomplete; (b) you have violated or are reasonably suspected of violating these Terms, applicable laws, or the rights of any third party; (c) your conduct may harm us, our affiliates, users, or partners; or (d) your use of the Service poses a security, operational, reputational, or legal risk.
We further reserve the right to refuse the creation of new accounts or to block access from specific devices, IP addresses, or user credentials to protect the integrity and security of the Service. You agree that we shall not be liable to you or to any third party for any suspension, restriction, or termination of your access to the Service.
Termination or suspension shall not limit or affect any other remedies available to us under applicable law or equity.
LIMITED LICENSE TO THE SERVICE
Ownership of Service and Content. The Service together with all audiovisual works, text, images, graphics, video, music, data, logos, trademarks, trade names, service marks, layouts, designs, advertising materials, software, source and object code, databases, user interfaces, compilations, and the overall “look and feel” of the Service, whether produced by the us, licenced from third parties, or otherwise made available through the Service (collectively, the “Content”), are and shall remain the exclusive property of Company or its licensors. Except for the limited licence expressly granted under these Terms, no right, title, or interest in or to the Service or the Content is transferred or otherwise granted to you, whether by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved by us and our licensors.
Licence to Use the Service. Subject to your full compliance with these Terms and all applicable laws, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Service and its Content strictly for your personal, non-commercial entertainment purposes. This licence permits you to access, stream, or temporarily download Content made available through your Account in accordance with the access rules of the Service. The licence does not grant ownership of any Content does not permit resale, redistribution, public performance, or any commercial exploitation of the Service or Content.
Trademarks and Brand Features. The marks “Nove8”, “Woofz”, logos, and all related names, designs, slogans, and product or service identifiers are trademarks and service marks owned by us. You may not use any Nove8 or Woofz mark in any manner that could cause confusion, dilute the brand, or suggest endorsement without our prior written consent. All third-party trademarks, logos, and brand names appearing on the Service are the property of their respective owners. No rights are granted to you in those marks.
LICENSE TO USER-GENERATED CONTENT
Ownership of User Content. You retain all rights, title, and interest in and to any content, materials, or communications you create, upload, post, transmit, or otherwise make available through the Service (“User Content”). User Content includes, without limitation, text, comments, messages, feedback, reviews, images, audio or video materials, and any other materials you contribute. By submitting User Content, you represent and warrant that you are the creator and sole owner of such content, or that you have obtained all necessary licences, rights, consents, and permissions to grant the rights described in these Terms without violating or infringing any third party’s intellectual property, privacy, or moral rights. We do not claim ownership of your User Content. However, by submitting or making User Content available through the Service, you acknowledge that other users may view, interact with, or share your User Content subject to the functionality of the Service and your privacy settings.
Licence Grant. By submitting or making available any User Content, you grant us, its affiliates, sublicencees, successors, and assigns a non-exclusive, worldwide, royalty-free, sublicensable, transferable, perpetual, and irrevocable licence to use, reproduce, modify, adapt, translate, publish, distribute, publicly display, perform, and create derivative works from your User Content in any form, media, or technology, whether now known or hereafter developed. This licence includes the right to use your name, username, likeness, and any other identifying information associated with your User Content in connection with its lawful use and operation of the Service, including for promotional, marketing, and improvement purposes. Personal data, as defined under applicable privacy laws, is expressly excluded from the scope of this licence, if applicable, and will be handled in accordance with our Privacy Policy.
Acknowledgement and Relationship. You acknowledge that submitting User Content does not create any confidential, fiduciary, employment, agency, or partnership relationship between you and us. We are under no obligation to treat any User Content as confidential or to compensate you for its use, unless expressly required by applicable law. By submitting User Content, you waive any claims of moral rights or rights of attribution, to the extent permissible by law, and consent to our lawful use of the content as described herein.
Content Moderation and Removal. We do not actively monitor all User Content and assume no responsibility for its accuracy, legality, quality, or integrity. You acknowledge that you may encounter User Content that is offensive, indecent, or otherwise objectionable. Your use of the Service is at your own risk, and you bear all responsibility for evaluating any User Content you access. We reserve the right, at our sole discretion and without notice, to review, remove, edit, restrict access to, or disable any User Content for any reason or no reason, including where it violates these Terms, infringes rights, or is otherwise deemed inappropriate, harmful, or unlawful. We are not obligated to restore or retain any removed User Content, and assume no liability for any loss or damage resulting from its removal. If you believe that any User Content violates these Terms or applicable law, you may report it by contacting https://woofz.com/contact-us.
Licence Revocation. If you wish to revoke the licence for specific User Content, you may contact us at https://woofz.com/contact-us and identify the material in question. Upon verification, we will take reasonable steps to remove and cease use of the specified content, subject to technical feasibility, legal requirements, and the continued operation of the Service. However, any prior uses, sublicences, or distributions of your User Content made before revocation will not be affected, and we may retain copies as reasonably necessary for operational, legal, or archival purposes as permitted under these Terms and applicable law.
Feedback. If you post or submit any review, comment, testimonial, or rating (“Review”) about the Service on any platform, including app stores, social media, or directly to us, you grant us a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from such Reviews for any lawful purpose, including marketing, advertising, product improvement, or public relations, without notice or compensation. We are not obligated to use, maintain, or display any Review and may edit or remove Reviews at its discretion.
WARRANTY DISCLAIMER
General Disclaimer. The Service, including the App and all related Content, features, and functionality, is provided on an “as is” and “as available” basis, without any representations, warranties, or guarantees of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
- implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
- warranties arising from course of performance, trade, or usage; and
- warranties regarding the accuracy, reliability, or availability of the Service. We and our directors, employees, agents, representatives, and suppliers, do not guarantee that:
- the Service will be secure, uninterrupted, error-free, or available at any specific time or location;
- any defects or errors will be corrected;
- the Service or its content will be free of viruses, malware, or other harmful components;
- the quality, safety, functionality, or performance of any third-party product or service included within a Bundle;
- the results obtained from using the Service will meet your expectations; or
- Content or communications provided by third parties or users through the Service will be accurate, reliable, or complete.
Your use of the Service is entirely at your own risk.
Additional Disclaimers.We reserve the right, at our sole discretion, to modify, update, suspend, or discontinue the Service or any part thereof at any time without prior notice. We are not liable for any disruptions or losses resulting from such actions. Furthermore, we are under no obligation to screen or monitor any Content or User-Generated Content, and do not guarantee that any Content or User-Generated Content available on the Service will be suitable for all users or remain available for any specific duration. Certain features, Content or User-Generated Content may not be available in your region and may vary by jurisdiction.
The Service is not intended to provide financial, medical, legal, or other professional advice. Any information provided through the Service is for informational purposes only and should not be relied upon as a substitute for professional consultation.
You are solely responsible for your interactions with other users and for any reliance on Content or User- Generated Content accessed through the Service. We disclaim all liability for disputes, damages, or losses arising from such interactions.
Consumer Rights. For consumers in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland , the Service will conform to the agreed description, functionality, and performance at the time of purchase or download, including compatibility with your device. We will provide necessary updates, including security updates, as required by EU laws, and you are responsible for installing these updates promptly. Failure to install updates may impair the Service’s performance, and we are not liable for resulting issues. If the Service does not conform to these Terms, you have the right to request defect correction within a reasonable time or, if the issue persists, to receive a price reduction or refund. You agree to cooperate by providing necessary information about your digital environment to resolve issues. Liability for defects is valid for the legally required duration under EU consumer protection laws.
Limitations by Jurisdiction. Some jurisdictions do not allow the exclusion or limitation of implied warranties or certain damages. In such cases, the disclaimers and limitations in these Terms will apply to the fullest extent permitted by law.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, AND DATA PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, USE, DATA, OR GOODWILL. SUCH EXCLUSIONS APPLY REGARDLESS OF WHETHER THE LIABILITY ARISES FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF US TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS, YOUR USE OF THE SERVICE OR ANY BUNDLED PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO US FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE LIMITATIONS ARE SUBJECT TO JURISDICTIONAL VARIATIONS, AND SOME JURISDICTIONS MAY NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY. IN SUCH CASES, THE EXCLUSIONS AND LIMITATIONS SET OUT IN THESE TERMS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
CALIFORNIA RELEASE AND WAIVERIF YOU ARE A RESIDENT OF CALIFORNIA, YOU EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS A MATERIAL PART OF THE CONSIDERATION FOR YOUR USE OF THE SERVICE. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE CURRENTLY UNKNOWN, UNANTICIPATED, OR UNSUSPECTED, AND YOU VOLUNTARILY ASSUME THE RISK THAT SUCH CLAIMS MAY EXIST OR MAY ARISE IN THE FUTURE.
INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless us, including our subsidiaries, affiliates, successors, officers, directors, employees, agents, contractors, partners, licensors, and representatives (collectively, the “Indemnified Parties”), from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use or misuse of the Service or User-Generated Content;
- Your violation of these Terms or any applicable policies;
- Any claims, disputes, or liabilities associated with third-party products supplied as part of a Bundle;
- Your violation of the rights of any third party, including intellectual property rights, privacy rights, or other proprietary rights;
We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification under these Terms. You agree to cooperate fully with our defense of such claims. You may not settle any claim without our prior written consent, and we will make reasonable efforts to notify you of any claim, action, or proceeding as soon as we become aware of it.
THIRD-PARTY SERVICES
The Service may include links to third-party websites, applications, advertisements, or other resources (“Third- Party Service”). These Third-Party Services are provided for your convenience, but we do not control, endorse, review, or assume any responsibility for their content, accuracy, or suitability. Your access to and use of any Third-Party Services is at your own risk and subject to the terms and privacy policies of the respective third parties.
We disclaim all liability for any damages, losses, or issues arising from your use of or reliance on Third-Party Services, including but not limited to:
- any transactions, payments, or delivery of goods or Service made between you and the third party;
- any inaccuracies or inappropriate material in the content, products, or advertisements offered by the third party;
- any product defects, malfunctions, non-performance, misrepresentation, failure to comply with applicable regulations or warranty-related matters regarding the third-party products or services included within a Bundle;
- any sharing of links by you or others that direct to Third-Party Services.
You further acknowledge that our Service may include advertisements, promotions, or sponsored content, which may appear in various formats and locations. We may not always explicitly identify such content as advertising. The manner and extent of advertisements are subject to change without notice.
You are solely responsible for assessing whether accessing or engaging with Third-Party Services is appropriate. This includes taking steps to protect your personal data and complying with any applicable third- party agreements.
The provisions of this Section shall also apply to the relationship arising in connection with the purchase of Bundle.
YOUR PRIVACY
Your personal data is processed by us in connection with your use of the Service in compliance with our Privacy Policy. This policy provides detailed information on how we collect, handle, store, and disclose your data and your rights under data protection laws.
Information collected through cookies and similar technologies is addressed in our Cookie Policy, which explains their purpose, how third parties may use them, and how you can manage your cookie preferences.
The Privacy and Cookie Policies are incorporated by reference into these Terms. Should any inconsistencies arise between these Terms and the Privacy or Cookie Policy, the provisions of these Terms shall govern.
COMMUNICATION AND CUSTOMER SUPPORT
Support. If you have any questions, or concerns, or require assistance regarding our Service, you may reach out to us using the contact information provided in the “INTRODUCTION” section of these Terms. While we are not legally obligated to provide customer support, we may, at our sole discretion, choose to offer support Service to users when necessary. Such support, if provided, is offered as a courtesy and does not create any ongoing obligation or entitlement to future support. We will make reasonable efforts to respond promptly to your inquiries; however, we do not guarantee a specific response time.
REPORTING COPYRIGHT INFRINGEMENT
We are committed to responding to any alleged copyright violations, should they occur.
If you believe that your content has been copied in a way that constitutes copyright infringement, you or your agent may submit a Digital Millennium Copyright Act («DMCA») notification to us. If we find that there has been an alleged or actual infringement, we will take appropriate action under the DMCA and other intellectual property laws.
Alternatively, you can send the notice to us via https://woofz.com/contact-us or contact us by mail or post.
Such notice must be in writing and contain the following information:
- your address, telephone number, and e-mail address;
- a description of the copyrighted work or other intellectual property that you claim has been infringed (including infringing and source URL);;
- information sufficient to permit us to locate the alleged infringing work. If possible, please provide links to the exact location so that we may quickly and more easily locate the material or link;
- include the following statement: «I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law»;
- iinclude the following statement: «I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed»;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
TERMINATION
Term. These Terms take effect from the date you first access or use our Service and will remain in force until terminated in accordance with this Section.
Termination by Us. We may terminate these Terms, suspend or restrict your access to the Service, or delete your Account immediately upon providing notice if:
- You have used the Service in violation of these Terms;
- Unauthorized access or activity is detected on your Account or related to your use of the Service;
- We decide, at our sole discretion, to withdraw the Service (in whole or in part);
- We are required to do so due to a legal or regulatory obligation;
- You request the deletion of your Account or personal data; or
- For any other lawful reason, provided we have given you reasonable advance notice via email, or any electronic communication within the Service.
We reserve the right to block your access to the Service to prevent re-registration or unauthorized access if your account has been suspended, terminated, or deleted
Termination by You. You may terminate these Terms at any time by deleting your Account using the functionality provided within the App or, where such functionality is not available, by contacting us via https://woofz.com/contact-us. If you have an active subscription, please refer to Section 6 of these Terms for detailed instructions on how to cancel your subscription properly to avoid future billing, as requesting Account deletion alone will not cancel your subscription unless you specifically request cancellation of your subscription at the same time. If you have an active subscription at the time of Account deletion and have not cancelled it, you will retain access to Content and User-Generated Content associated with your subscription until the end of the current paid subscription period, unless you expressly instruct us otherwise.
Effect of Termination. Upon termination of these Terms all licenses granted to you under these Terms will immediately terminate and all provisions that by their nature are intended to survive termination shall remain in effect. This includes, but is not limited to, provisions relating to Sections 8, 9, 10, 11, 12, 14, 18, 20 and any other provisions necessary to enforce rights or obligations that accrued prior to termination.
DISPUTE RESOLUTION BY BINDING ARBITRATION
THIS SECTION OUTLINES YOUR RIGHTS AND OBLIGATIONS REGARDING DISPUTE RESOLUTION. PLEASE READ IT CAREFULLY, AS IT INCLUDES MANDATORY BINDING ARBITRATION. THIS SECTION SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
For Users in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland. If you reside in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, any Disputes arising out of or relating to these Terms, including their interpretation, enforcement, or validity, shall be governed by and construed in accordance with the laws of your country of residence. The courts of your usual place of residence shall have exclusive jurisdiction over any Disputes (as defined herein) that are not resolved through the arbitration agreement outlined in these Terms.
For Users in the United States or Other Jurisdictions. If you reside in the United States or any other jurisdiction not listed above, any Disputes arising out of or relating to these Terms shall be resolved exclusively through the arbitration agreement provided herein, and the governing law shall be determined as specified in the arbitration clause.
By accessing or using our Service, you agree that any disputes, claims, or controversies arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Service (collectively, “Disputes”), will be resolved solely by binding, individual arbitration (i.e. not in a class, representative or consolidated action or proceeding), unless expressly provided otherwise in this Section or to the extent that the applicable law prohibits the exclusive use of arbitration for dispute resolution. This includes any claims against our affiliates, subsidiaries, employees, officers, agents, or licensors.
Notwithstanding the above, the following exceptions apply:
Small Claims Court: Either party retains the right to bring an individual claim in small claims court for disputes or claims within the jurisdictional limits of such a court.
Injunctive or Equitable Relief: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect or enforce intellectual property rights, including copyrights, trademarks, trade secrets, patents, or similar proprietary rights.
AGREEMENT TO WAIVE JURY TRIAL AND CLASS ACTIONBY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE, AND WE AGREE, TO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS A FUNDAMENTAL COMPONENT OF THIS ARBITRATION AGREEMENT. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION AGREEMENT LIMITS YOUR RIGHT TO APPEAL AND OTHER RESOLUTION PROCESSES.
Arbitration Procedure and Applicable RulesYou further agree that all disputes between you and us will be resolved exclusively through binding arbitration before a single, neutral arbitrator, administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified herein.
Place of Arbitration. The arbitration proceedings shall be held in Delaware, United States unless the parties agree to an alternative location.
Governing Law. The arbitration shall be conducted in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, including any applicable statutes of limitations and recognized legal privileges.
Language of Arbitration. The arbitration will be conducted in the English language.
Commencing Arbitration. To initiate arbitration, you must adhere to the procedures outlined by the AAA Rules, which are accessible on this page.
Filing Deadline. By accessing or using our Service, you agree that any Dispute (as defined herein) must be initiated by filing a demand for arbitration or commencing an individual legal action within one (1) year from the date the party asserting the Dispute first becomes aware, or reasonably should have become aware, of the act, omission, or event giving rise to the Dispute. Except where prohibited by applicable law, any Dispute not initiated within this one-year period will be permanently barred, and no remedy shall be available for such untimely Disputes.
Selection of the Arbitrator. The arbitrator responsible for adjudicating the dispute will be selected in accordance with the procedures specified in the AAA Rules.
Hearing Requirements. For claims of $10,000 or less, the arbitration will generally proceed on the basis of written submissions from the parties, unless a hearing is requested by you or deemed necessary by the arbitrator. For claims exceeding $10,000, the need for a hearing will be determined by the AAA Rules. The arbitrator shall have the discretion to oversee and regulate the exchange of information between the parties. No party or representative shall engage in ex-parte communications with the arbitrator. All communications must be made in the presence of, or with notice to, all parties involved in the arbitration.
Judgment and Finality of Award. The arbitrator shall deliver the award within the timeline prescribed by the AAA Rules. The award may be enforced in any court with appropriate jurisdiction. The arbitration award shall be final and binding, and there shall be no appeal. Any damages awarded by the arbitrator must conform to the limitations specified in the applicable “Limitation of Liability” section, including restrictions on the types and amounts of damages recoverable.
Remedies. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute.
Individual Relief Only. The arbitrator may award relief solely in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. The arbitrator shall have no authority to award relief to or against anyone who is not a party to the arbitration. Furthermore, the arbitrator may not consolidate multiple parties' claims or preside over any form of class, joint, or representative proceeding.
Fees. Your obligation to cover any filing, administrative, or arbitrator fees shall be governed exclusively by the fee schedule outlined in the AAA Rules.
Assessment of Fees. The prevailing party shall be entitled to an award of reasonable attorney fees. The allocation of forum fees and expenses shall be determined by the arbitrator.
Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Opt-Out Option. You may opt out of this arbitration agreement within 30 days of accepting these Terms by submitting your notice via our online contact form at https://woofz.com/contact-us stating your intention to opt out. Opting out will not affect other provisions of these Terms.
Severability. If any portion of this arbitration agreement is deemed invalid or unenforceable, it shall be severed, and the remaining provisions shall remain in full effect, except that if the waiver of class actions and collective relief is found unenforceable, this arbitration agreement shall be null and void.
Survival. Except stated otherwise, this arbitration agreement shall survive termination of these Terms.
MISCELLANEOUS
Governing Law. These Terms shall be governed by and construed in accordance with the laws of Cyprus without regard to its conflict of laws principles, and excluding the 1980 UN Convention on Contracts for the International Sale of Goods.
Entire Agreement. These Terms constitute the entire agreement between you and us regarding your access to and use of the Service and supersede all prior agreements, understandings, or representations, whether written or oral.
No Waiver. Failure or delay by us to exercise any right or enforce any provision under these Terms shall not operate as a waiver of such right or provision. A waiver will only be effective if explicitly stated in writing and signed by an authorized representative.
Severability. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified or severed to the minimum extent necessary to comply with the law, without affecting the enforceability of the remaining provisions.
Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time and without prior notice, including via novation. Posting an updated version of these Terms identifying the new party shall serve as valid notice of such transfer. These Terms are binding and will inure to the benefit of both parties and their respective successors, assigns, and legal representatives.
Electronic Communications. By interacting with the Service or communicating with us electronically, you consent to receive communications electronically and agree that such communications, including notices, disclosures, and agreements, have the same legal effect as those provided in writing. You acknowledge that your electronic submissions constitute a legally binding agreement.
Force Majeure. We shall not be held liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, governmental actions, labor disputes, or disruptions in telecommunications.
Third-Party Rights. Except as expressly stated herein, these Terms are intended solely for the benefit of the parties and do not create any rights for third-party beneficiaries.
Headings and Construction. Headings in these Terms are provided for convenience only and shall not affect their interpretation.