Terms and
Conditions
日本語訳は英語版の下に続きます
The translated
version is for reference only. In case of any discrepancy with the English
version, the English version shall prevail.
Last Modified:
11-15-2024
These Terms and
Conditions (“Terms” or "Agreement") constitute a legal agreement
between you and Tomofun Co. Ltd. and its subsidiaries
and affiliated companies (collectively, "Tomofun"
or “we” or “us” or “our”), the owner, operator and developer of the Furbo website available at www.Furbo.com and all associated
sites linked to www.Furbo.com (the “Sites”), any mobile applications that may be
downloaded on your device to access our services (the “Mobile Apps”), any Furbo hardware products (the “Hardware Products”), Furbo Dog Nanny, or other digital goods and services
(“Subscription Services”). The term “Services” or “Tomofun
Services” will collectively refer to the Tomofun
Sites, Mobile Apps, Hardware Products and Subscription Services
IF YOU RESIDE
WITHIN THE UNITED STATES OF AMERICA OR CANADA, THIS AGREEMENT IS SUBJECT TO
BINDING ARBITRATION AND WAIVER OF CLASS ACTION AND JURY RIGHTS. PLEASE SEE THE
DISPUTE RESOLUTION SECTION OF THIS AGREEMENT FOR MORE INFORMATION AND OPT-OUT
INSTRUCTIONS.
Please read this
Agreement carefully before accessing, using or registering for the Services.
Any person or entity accessing, using, or registering for any Services provided
by Tomofun (“Customer” or “you”) agrees to be bound
or to bind the entity they represent by the terms set forth in this Agreement.
All rights not expressly granted herein are reserved by Tomofun.
You represent and warrant that you have the right, authority and capacity to
accept and agree to this Agreement on behalf of yourself or the entity that you
represent.
Your use, access
or registration to the Services is also governed by our Privacy Policy,
incorporated herein by reference. Please review the Privacy Policy to
understand how we collect, use, disclose and protect your personal
information.
IF YOU DO NOT
AGREE TO THE TERMS, PLEASE DO NOT ACCESS, USE, OR REGISTER FOR ANY SERVICES.
Subject to the
applicable law, Tomofun reserves the right to change
or modify this Agreement at any time by updating this page. If we make a
material change to this Agreement, we will provide you with notice on our
Services or to the email address we have on file. By continuing to use the Service
after those changes become effective, you agree to be bound by the revised
Agreement. To find out when we last updated this Agreement, please refer to the
date listed after “Last Modified” at the top of this Agreement.
You understand
that we are always improving and working on our Services, which means our
Services may change over time. We may modify, suspend or discontinue any part
of the Services, or introduce new features or restrictions on the part or all
of the Services. We also reserve the right to remove any Content (defined
below), features, or pages for any reason, in our sole discretion, and without
notice to you. You agree that we are not liable to you or any third party for
any modification, suspension or discontinuance of the Services or any part
thereof.
TOMOFUN SERVICES
DO NOT PROVIDE ANY OTHER
EMERGENCY SERVICES. IF YOU ARE EXPERIENCING AN EMERGENCY, IMMEDIATELY CONTACT
911 IF YOU ARE IN THE UNITED STATES, 999 IF YOU ARE IN THE UNITED KINGDOM, 112
IF YOU ARE IN AUSTRALIA, 000 IF YOU ARE IN GERMANY, THE POLICE DEPARTMENT, FIRE
DEPARTMENT, NEAREST HOSPITAL OR OTHER EMERGENCY SERVICE. PLEASE DO NOT CONTACT
TOMOFUN’S CUSTOMER SERVICE OR CUSTOMER CARE TEAM FOR ANY EMERGENCIES.
You agree and
understand that Tomofun’s Services are not an
emergency service, dispatch center, or other emergency-type service. We cannot
assist you with any emergencies you or someone else may be experiencing while
using our Services. Our Service is intended to be accessed and used for non-time-critical
information and non-emergency purposes.
We are excited
to have you become a Customer! When you register for
an account with our Services, you become the “Account Owner.” As an Account
Owner, you can authorize other individuals to access your account (the
“Authorized Users”).
You should only
invite individuals you trust to become Authorized Users because Authorized
Users have access to the personal information available in your account (e.g.,
account profile, video history settings, and more) and they can also modify or
change your account information and settings (such as turning your camera on or
off, or modifying your Smart Alerts or notifications). In addition, Authorized
Users can invite or enable other Authorized Users to access and use your
account. Tomofun does not take any responsibility for
the actions of Authorized Users.
To be eligible
to access, use or register with our Services, you represent and warrant:
● You have legal capacity to form a binding
contract with Tomofun;
● You are 18 years or older. Authorized Users of
the account under the age of 18 must have parental or legal guardian consent to
access and use the Services and can only use the Services under the supervision
of their parent or legal guardian;
● As an Account Owner, you agree to be fully
responsible for all actions taken on your account, including any actions taken
by Authorized Users;
● You will provide us with information that is
accurate, complete, and current at all times;
● You will be responsible for safeguarding the
password that you use to access the Service and for any activities or actions
under your password, whether your password is with our Service or a third-party
service;
● You will notify us immediately upon becoming
aware of any breach of security or unauthorized use of your account;
● Your use and access of the Services will not
violate any applicable laws or regulations, such as embargoes or export control
laws and regulations;
● You understand and acknowledge that the sole
purpose of our Service is to observe and record pets and in no event human
behavior. You will not use our Service to spy on, observe or monitor the
behavior of other people nor will you make audio or video recordings for this
purpose; and,
● You will not use as a username the name of
another person or entity that you do not have the right to use, or the name of
a person or entity with the intent to impersonate that person or entity.
Tomofun is not liable for any loss or damage arising
or resulting from your failure or the failure of your Authorized Users to
comply with the above requirements. In addition, failure to meet any of the
eligibility requirements listed above constitutes a breach of this Agreement,
which may result in immediate termination of your account on our Service.
While the Tomofun Services are intended for your personal enjoyment
and household use, there may be laws or regulations where you live that impose
certain responsibilities on you and your use of our Services. For instance,
there may be data protection and security laws that apply to your use of the
Services. As an Account Owner or Authorized User, you control the data you
collect via our Services.
You agree that
it is not Tomofun’s responsibility to ensure your use
of the Services comply with applicable laws, including, but not limited to:
If your use or
access of our Services does not comply with applicable laws, you are prohibited
from using or accessing our Services. We may terminate or suspend your use or
access to our Services, in our sole discretion, for any reason, at any time,
and without notice. We have the sole right to determine whether you are in
breach of any terms contained in this Agreement.
All right, title
and interest in the Services and Content provided through the Services are
owned by Tomofun, its licensors, or designated third
parties. We provide you with a limited, non-transferable, non-exclusive right
(without the right to sub-license) to access and use the Services for your
personal, non-commercial use.
The rights
granted to you in this Agreement are subject to the following restrictions:
Your failure to
abide by the foregoing may result in the termination or suspension of your use
or access to our Services, in our sole discretion, for any reason, at any time,
and without notice. Subject to the applicable law, we may have the sole right to
determine whether you are in breach of any terms contained in this Agreement.
Our Service may
allow you to publicly share and otherwise make available certain information,
graphics, videos, or other material ("Content"), including, without
limitation, Content captured through or in connection with your use of the
Services. Such Content may also include location information or other metadata.
You are solely responsible for the Content that you publicly upload, transmit,
share or otherwise disseminate on and through the Services, including its
legality, reliability, and appropriateness. Tomofun
reserves the right, but is not obligated, to remove any Content from the
Services at any time in its sole discretion.
You hereby agree
you will not use, reproduce, modify, upload, publish, transmit, distribute,
display, or otherwise exploit for any purposes whatsoever any Content that (i) is not owned by you without the express prior written
permission of the respective owners of the Content, and (ii) in any way that
violates any third party right(s) in the Content.
Furthermore, you
represent and warrant that:
You hereby grant
Tomofun and its licensees a non-exclusive,
irrevocable, fully paid and royalty-free, perpetual, worldwide, sub-licensable
and transferable right to access, re-use, distribute, store, delete, translate,
copy, modify, display, sell, create derivative works from and otherwise exploit
such Content for any purpose and in any media formats in any media channels
without compensation to you or any other person or entity. You also hereby
grant to each user of the Services a non-exclusive license to access, use
and/or share your Content through the Services as permitted through the
functionality of the Services and this Agreement.
Tomofun does not claim ownership of your intellectual
property rights in the Content or any recordings or data you provide to us via
the use of our Services (the “Private Content”). However, you agree to give Tomofun the right to access, use, preserve and/or disclose
your Content and Private Content, without compensation to you or any obligation
to you, for the following purposes, as limited by the Privacy Policy:
Tomofun owns and retains all proprietary rights to
the Services, its trademarks,
copyrights, trade secrets, and/or patents, whether registered or
not, and all other trademarks and trade names are the property of their
respective owners. The Services are licensed to you on a limited,
non-exclusive, non-transferable, non-sublicensable basis, solely to be used in
connection with the Services for your private, personal, non-commercial use,
subject to all the terms and conditions of this Agreement as they are applicable
to the Services.
Nothing on or in
the Services shall be construed as conferring any other license to you or your
Authorized Users under any intellectual property right, including any right in
the nature of trademark, patent, trade secret or copyright, of Tomofun or any third party, whether by estoppel,
implication or otherwise. Except for any information that is in the public
domain, you are not authorized to reproduce, transmit or distribute the
trademarks, copyrights, proprietary information or intellectual property of Tomofun. Tomofun, and its
affiliates and licensors and suppliers, reserve all rights not granted in this
Agreement.
Tomofun respects others’ intellectual property rights
and reserves the right to delete or disable Content alleged to be infringing
the Digital Millennium Copyright Act (“DMCA”) and to suspend or terminate the
accounts of alleged infringers. If you believe someone is infringing on your or
another’s copyrights, please contact us at support@furbo.com.
You may submit
comments, suggestions or ideas about our Services, including ways in which you
would improve or change the Services (the “Feedback”). You agree that your
Feedback is provided to us on a NON-CONFIDENTIAL BASIS, is voluntary,
gratuitous, unsolicited and without restriction, and Tomofun
does not have any fiduciary duty or other duty as a result of receiving your
Feedback. You hereby grant Tomofun the unlimited,
perpetual right to use, copy, modify, publish, redistribute, create derivative
works from such Feedback or otherwise disseminate your Feedback for any purpose
and in any way without compensation or any obligation to you or any other third
parties. Tomofun does not waive any rights to use
similar or related feedback or ideas known to Tomofun,
developed by Tomofun’s employees, or obtained from
other sources.
If you wish to
purchase any product or service made available through the Services
("Purchase"), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information. We may require additional information from you prior to accepting
or processing your order.
You represent
and warrant that: (i) you have the legal right to use
any credit card(s) or other payment method(s) in connection with any Purchase;
and that (ii) the information you supply to us is true, correct and complete.
By submitting
such information, you grant us the right to use or provide the information to
third parties for purposes of facilitating the completion of Purchases or
providing our Services to you.
We reserve the
right to refuse or cancel your order at any time for certain reasons including
but not limited to: product or service availability; we suspect you are
purchasing products for resale without written permission from us; errors in
the description or price of the product or service; error in your order or
other reasons; or if fraud or an unauthorized or illegal transaction is
suspected. Furthermore, we reserve the right to collect any rejection or
insufficient funds fee and to process any such payment by the payment method
you have submitted to us. Your charges may be payable in advance, in arrears,
or as otherwise described when you initially selected to use the paid Services.
a.
In order
to enjoy certain advanced features of our Services, including the ability to
store video and/or audio footage or photographs in cloud storage, download them
to your mobile device, or receive certain types of enhanced notifications, you
must activate the Subscription Services, such as the Furbo
Dog Nanny®. If you sign up for one of
our special offer such as “Subscribe and Save plans”
or “Premium Safety Package plan”, you have agreed to a minimum subscription of
three or more continuous months (“Minimum Commitment”). We will charge the subscription fee upfront for
a minimum of three or more months depending on the purchase plan you choose.
You must first complete the activation process once you receive the Hardware
Product in order to enjoy the Subscription Services. You will not be able to access or use any
feature of the Hardware Product without activation. After the Minimum Commitment, your
Subscription Services will continue monthly, annually or biennially, based on
the plan you selected. Your Subscription Term will automatically renew until
terminated by you or us. After you
terminate the Subscription Services, or if you purchase the Camera Only without
the Subscription Services, you will only be able to access a real-time stream
of the area where the Hardware Product is located for the limited purpose of
recording. You will not be able to
access any past recordings, nor can you activate the Subscription Services
retroactively. If you or an Authorized User delete any data collected as a
result of the Subscription Services, the data will be permanently deleted and
no longer available to you. Please note that Tomofun
may charge an additional fee for the use of some or all of the Subscription
Services. We reserve the right to modify, suspend, terminate, or change the
Subscription Services at any time.
b.
Subscription.
You can find a
description of our Subscription Services on our website ( https://help.furbo.com/hc/en-us ), and we will explain which Subscription Service
options are available to you when you sign up for the Furbo
Dog Nanny or other services we offer. Your Subscription Services will continue
month-to-month, annually, or based on the other timescale subscription plan
(the “Subscription Term”) that you select, and will automatically renew until
terminated. You will be entitled to access the subscription-based Services you
purchased for each Subscription Term until such subscription is canceled. To
change or discontinue a Purchase, please go to the website (https://furbo.com/account). To use the Subscription service
you must provide us with one or more Payment Methods. "Payment
Method" means a current, valid, accepted method of payment, as may be
updated from time to time and which may include payment through your account
with a third party. You must cancel your Subscription Services before it renews
to avoid billing of the next period’s fees to your Payment Method (see
"Cancellation" below).
If you purchase
our hardware product through the special offer such as "Subscribe &
save", “Premium Safety Package” plan, or any other combination of hardware
and subscription services, you shall subscribe to our service according to the
selected purchase plan, the minimum subscription period is three months or more
(depends on the plan you chose). If the user does not subscribe for the minimum
required period, we reserve the right to block their access to the service
until they renew their subscription for the required period.
c.
Free Trial. Your Subscription Service may start with a trial period
to use the Subscription Service at no cost (“Free Trial”). The Free Trial
period of your Subscription Service lasts for one month, or as otherwise
specified during sign-up and is intended to allow new subscribers to try our
Subscription Service.
Free Trial
eligibility is determined by Tomofun at its sole
discretion and we may limit eligibility or duration to prevent Free Trial
abuse. We reserve the right to revoke the Free Trial and put your account on
hold in the event that we determine that you are not eligible. Members of
households with an existing or recent Tomofun
Subscription Services are not eligible. We may use information such as device
ID, method of payment or an account email address used with an existing or
recent Tomofun Subscription Services to determine
eligibility.
d.
Billing Cycle. The Subscription Services will be charged based on the
Subscription Term you select to your Payment Method on the calendar day
corresponding to the commencement of the paying portion of your Subscription
until your Subscription is cancelled. For example, if you sign up for a monthly
subscription on January 15, you will be charged again on February 15 for the
next month of the Subscription Services.
e.
Payment Methods. To use the Subscription Services
you must provide one or more Payment Methods. You can update your Payment
Methods by going to the "Account" page. Following any update, you
authorize us to continue to charge the applicable Payment Method(s). You
authorize us to charge any Payment Method associated to your account in case
your primary Payment Method is declined or no longer available to us for
payment of your Subscription Services. You remain responsible for any
uncollected amounts. If a payment is not successfully settled, due to
expiration, insufficient funds, or otherwise, and you do not cancel your
account, we may suspend your access to the Subscription Services until we have
successfully charged a valid Payment Method. For some Payment Methods, the issuer
may charge you certain fees, such as foreign transaction fees or other fees
relating to the processing of your Payment Method. Check with your Payment
Method service provider for details.
If you purchase any Hardware Products by
selecting the plan of "subscribe & save", “Premium Safety
Package” or , any other combination of hardware and
subscription services, we will charge you for at least the first three months
or more, depending on the purchase plan you choose at the time when you
activate the hardware for the first time.
f.
Cancellation. To cancel, go to the "Account" page on our
website(https://furbo.com/account) and follow the instructions for
cancellation. You can cancel your auto-renewal for your Subscription Services
at any time, and you will continue to have access to the Subscription Services
through the end of your Subscription Term. You must cancel your
subscription-based Services at least 24 hours before the next Subscription Term
to avoid further charges. Unless you cancel auto-renewal for your subscription,
the Subscription Services will be automatically extended for successive renewal
periods of the same duration as the Subscription Term originally selected, at
the then-current non-promotional rate. We do not provide refunds or credits for
any partial Subscription Term. If you cancel your Subscription Services, your
account will automatically close at the end of your current billing period for
your Subscription Term.
It is your
responsibility to backup any data, software, or other materials you may have
stored or preserved via your use of the Subscription Services. If you cancel
your Subscription Services you will lose basic features of our Subscription
Services and you will permanently lose such data, software, or other materials
as they will be deleted after your Subscription Services end. Tomofun will not be responsible for any such damage or
loss.
g.
Changes to the Price and Subscription Terms. We reserve the right to change our
subscription plans or adjust pricing for our service or any components thereof
in any manner and at any time as we may determine in our sole and absolute
discretion. Except as otherwise expressly provided for in these Terms of Use,
any price changes or changes to your Subscription Services will take effect
following notice to you.
h. Refunds
for Subscription Services.
Payments for Subscription Services are nonrefundable and there are no refunds
or credits for partially used periods, unless required by the laws of the
region where you reside. Following any cancellation, however, you will continue
to have access to the Subscription Service through the end of your Subscription
Term. You will not be eligible for a prorated refund of your payment for
Subscription Services.
If you are a
consumer residing within Canada, the European Economic Area (EEA), or the
United Kingdom (UK) you have the following right of withdrawal when entering
into a subscription service contract with us:
Right of Withdrawal
You have the right to withdraw from the contract within
14 days without giving any reason.
The withdrawal period will expire after 14 days from the
day you entered into the subscription contract.
To exercise the right of withdrawal, you must inform us
(INSERT COMPANY NAME, ADDRESS AND, WHERE AVAILABLE, TELEPHONE NO, FAX NO AND
EMAIL ADDRESS) of your decision to withdraw from the contract by an unequivocal
statement (e.g. a letter sent by post, fax or e-mail). You may use the attached
model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you
to send your communication concerning your exercise of the right of withdrawal
before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from the contract during the 14-day
period, we shall reimburse to you all payments received from you, including the
costs of delivery (with the exception of the supplementary costs resulting from
your choice of a type of delivery other than the least expensive type of
standard delivery offered by us), without undue delay and in any event not
later than 14 days from the day on which we are informed about your decision to
withdraw from this contract. We will carry out such reimbursement using the
same means of payment as you used for the initial transaction, unless you have
expressly agreed otherwise; in any event, you will not incur any fees as a
result of such reimbursement.
.
Model Withdrawal Form
(If you want to withdraw from the contract, please fill
out this form and send it back.)
a.
To: [INSERT
NAME, ADDRESS AND, WHERE AVAILABLE, FAX NO AND EMAIL ADDRESS OF COMPANY]
b.
I / we
(*) hereby give notice that I/we (*) withdraw from my / our (*) contract of
sale of the following goods (*) / for the provision of the following service
(*)
c.
Ordered
on (*) / received on (*),
d.
Name of
the consumer(s):
e.
Address
of the consumer(s):
f.
Signature
of the consumer (s) (only for notification on paper):
g.
Date:
(*) Delete
where inapplicable.
Please refer to
the Shipping, Returns &
Warranty Policy, which is incorporated herein
by reference, for information about shipping limitations, returns, and any
warranty attached to the Hardware Product you have purchased.
Our Services may
be suspended temporarily or permanently without notice to you for security
purposes, maintenance or repair, system failures, or other similar
circumstances (collectively, “Service Interruptions”). You acknowledge and
agree that you are not entitled to a refund or rebate related to such Service
Interruptions. We do not offer a service level or uptime guarantee with our
Services.
Tomofun may, at its sole discretion, phase out any
old Furbo Hardware Products that can no longer
receive the required Software Updates in order to function properly and
securely. In the event of a phase out, Tomofun will provide a reasonable period of time to
impacted Authorized Users and provide options to transition to new Hardware
Products. After the phase out period, Tomofun will no longer be able to provide support for the
phased-out Hardware Products, including but not limit to software updates, security
patches, and customer support.
Your access and
use of the Tomofun Services is intended to be
non-time-critical. Tomofun does not make any
representations or warranties that use of the Services will improve or affect
your level of safety. While we intend to provide you with reliable Services,
you hereby acknowledge that the use of the Services is not intended to be 100%
reliable and it is not a substitute for a third-party monitored emergency
notification system.
Our Services may
experience interruptions or issues for various reasons, including a poor Wi-Fi
connection or your mobile carrier’s data and usage plan. We cannot and do not
guarantee that you will receive timely or accurate notifications through our
Services, to the extent you enable such features, nor that we will maintain and
store your data. You are solely responsible for maintaining and storing any
backups of video or audio recordings or photographs outside of the Services to
avoid any loss of such data.
You acknowledge
that the availability of our Services is dependent on your Internet Service
Provider (“ISP”), your mobile device operator or carrier (“Mobile Carrier”),
and your computer, mobile device, home wiring, Wi-Fi, Bluetooth connection or
other relevant equipment. You are responsible for ensuring you comply with your
ISP’s and Mobile Carrier’s applicable terms and agreements, including any data
and usage terms.
To access or use
the Services, you must have:
●
An
account;
●
A
wireless device that is supported by the Services, such as a mobile smartphone
or tablet;
●
A
functioning and always available Wi-Fi network or broadband Internet connection
in your home; and,
●
Any other
specifications provided with the specific Services you Purchase.
You acknowledge
that the Services may not function if you are not able to meet the requirements
listed above.
Tomofun will provide you with installation
instructions when you Purchase our Services. However, it is your responsibility
to ensure you are following the instructions correctly. YOU MAY EXPERIENCE
TECHNICAL OR PERFORMANCE ISSUES WITH OUR SERVICES IF THE SERVICES ARE NOT
PROPERLY INSTALLED. ALWAYS TEST THE SERVICES AT INSTALLATION AND REGULARLY
THEREAFTER TO ENSURE THEIR PROPER FUNCTIONING. PART OF THE SERVICES MAY REQUIRE
REPLACEMENT FOR THEIR PROPER FUNCTION, SUCH AS TREATS FOR THE FURBO DOG CAMERA
OR ADAPTER REPLACEMENT. IF YOU ARE EXPERIENCING TECHNICAL DIFFICULTIES, PLEASE
REFER TO OUR FURBO
HELP CENTER OR CONTACT US AT SUPPORT@FURBO.COM.
We are
constantly updating our offerings of products and services on the Service. The
products or services available on our Service may be mispriced, described
inaccurately, or unavailable, and we may experience delays in updating
information on the Service and in our advertising on other web sites,
applications or platforms.
We cannot and do
not guarantee the accuracy or completeness of any information, including
prices, product images, specifications, availability, and services. We reserve
the right to change or update information and to correct errors, inaccuracies,
or omissions at any time without prior notice (including after an order has
been submitted).
We may, from
time to time, develop updates, patches, bug fixes, upgrades or other
modifications to the Services (the “Software Updates”). Software Updates may
improve or optimize the Services, or make changes to the Services in our sole
discretion. You hereby agree that Tomofun may
automatically install the Software Updates without notice or additional consent
from you, except as required by applicable law or in accordance with our
Privacy Policy. If you do not want such Software Updates, you may terminate your
Services with us.
Our Services may
contain links or access to third-party web sites or services that are not owned
or controlled by Tomofun (“Third Party Services”). A
description or link to Third Party Services does not imply an endorsement by Tomofun of the Third Party
Services.
Tomofun has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any Third Party Services. You further acknowledge and agree that
Tomofun shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such Third Party Services.
You may be
required to agree to additional Third Party Services
terms and conditions, warranties, or other policies. This Agreement or any
other Tomofun agreements with you do not apply to
your access or use of Third Party Services. We
strongly advise you to read the terms and conditions and privacy policies of
any Third Party Services that you access or use.
Any contests,
sweepstakes or other promotions (collectively, "Promotions") made
available through the Services may be governed by rules that are separate from
this Agreement. If you participate in any Promotions, please review the
applicable rules as well as our Privacy Policy. If the rules for a Promotion
conflict with this Agreement, the Promotion rules shall apply.
Tomofun has certain technical, administrative, and
physical security measures in place to protect your personal information.
However, Tomofun’s Services are provided over the
Internet and we cannot guarantee that your personal information will not be
accessed, used or disclosed by unauthorized third parties. In addition, you are
also responsible for the security of your personal information on our Services.
You should ensure that any wireless Internet connections you use for the
Product Hardware, Mobile App or other Services are secure, and only share your
account information with third parties you trust. If you believe that the
security of your personal information on our Services has been compromised,
please contact us immediately at support@furbo.com.
TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD
HARMLESS TOMOFUN, ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR
LICENSEES, FOR ANY LOSSES, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING,
BUT NOT LIMITED TO, COURT COSTS, LEGAL FEES, AWARDS OR SETTLEMENTS) RELATING TO
OR ARISING OUT OF YOUR OR YOUR AUTHORIZED USERS’ USE OF THE SERVICES, AND
INCLUDING ANY BREACH BY YOU OF THE TERMS CONTAINED IN THIS AGREEMENT.
NOTWITHSTANDING THE FOREGOING, THIS INDEMNIFICATION SHALL NOT APPLY TO CLAIMS
BASED ON TOMOFUN’S OWN WILLFUL, WANTON, OR INTENTIONAL MISCONDUCT BY TOMOFUN.
TOMOFUN PROVIDES
THE SERVICES ON AN "AS IS" BASIS AND DOES NOT MAKE ANY WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY
GUARANTEE THE QUALITY, ACCURACY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF
INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED,
PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE
SERVICES. TOMOFUN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS
BE AVAILABLE, BE SECURE, BE UNINTERRUPTED, BE ERROR FREE, MEET YOUR
REQUIREMENTS, BE FREE OF ANY DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR
THAT DEFECTS WILL BE CORRECTED. YOU
ACCEPT AND AGREE THAT THE OUTPUT FROM YOUR USE OF OUR SERVICES IS FOR GENERAL
INFORMATION PURPOSES ONLY AND HAS NOT BEEN INDEPENDENTLY VERIFIED BY A
VETERINARIAN OR HUMAN. ANY OUTPUT FROM
OUR SERVICES DOES NOT CONSTITUTE MEDICAL OR ANY OTHER FORM OF PROFESSIONAL
ADVICE OR GUIDANCE. YOU WILL NOT RELY ON
THE OUTPUT AS A SOLE SOURCE OF TRUTH OR FACT, OR AS A SUBSTITUTE FOR
PROFESSIONAL ADVICE. IT IS YOUR
RESPONSIBILITY TO CONFIRM THAT THE OUTPUT GENERATED BY OUR SERVICES IS CORRECT
AND SUITABLE FOR YOUR INTENDED PURPOSE. SOME OR ALL OF THE EXCLUSIONS ABOVE MAY
NOT APPLY TO YOU DEPENDING ON THE JURISDICTION IN WHICH YOU RESIDE.
TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND OTHER
DISCLAIMERS IN THIS AGREEMENT, IN NO EVENT SHALL TOMOFUN, ITS OFFICERS,
EMPLOYEES, PARTNERS, AGENTS, OR
AFFILIATES, BE (A) LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF
PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM OR
RELATING TO THE SERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND (B) HAVE TOTAL
CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY,
LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO (A)
ABOVE, ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT OR TORT OR
OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED THE AMOUNT ACTUALLY
PAID BY YOU TO TOMOFUN OR AN AUTHORIZED TOMOFUN RESELLER FOR THE SERVICES AT
ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS (IF ANY). TOMOFUN DISCLAIMS ALL
LIABILITY OF ANY KIND OF TOMOFUN’S LICENSORS AND SUPPLIERS.
TOMOFUN
DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO ANY CONTENT OR PRIVATE
CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR PRIVATE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR PRIVATE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN
CONNECTION WITH USE OF, OR EXPOSURE TO, ANY CONTENT OR PRIVATE CONTENT POSTED,
EMAILED, ACCESSED, TRANSMITTED, DISSEMINATED OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES.
THIS SECTION
SHALL APPLY EVEN IF TOMOFUN IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO
BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY,
NEGLIGENCE OF ANY KIND OR DEGREE, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION,
STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY OF LIABILITY.
FOR THOSE
JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE,
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON,
INTENTIONAL, RECKLESS MISCONDUCT, OR GROSS NEGLIGENCE OF TOMOFUN.
The following
applies only to those users that reside in the United States of America or
Canada:
You understand
and agree that any dispute, claim, or controversy arising under or in
connection with this Agreement, including your use and access to the Services
or any other content, including, but not limited to, claims as to whether any
services rendered by Tomofun or persons employed or
engaged by Tomofun were unnecessary or unauthorized
or were improperly, negligently, or incompetently rendered, shall be finally
and exclusively resolved by binding arbitration under the American Arbitration
Association’s ("AAA") Commercial Arbitration Rules and Mediation
Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a
lawsuit or resort to court process, except as California law provides for
judicial review of arbitration proceedings. Each party retains the right to
seek injunctive or other equitable relief in a court of competent jurisdiction
to prevent the actual or threatened infringement, misappropriation or violation
of a party’s copyrights, trademarks, trade secrets, patents, or other
intellectual property rights. It is your responsibility to pay any AAA filing,
administrative and arbitrator fees as set forth in the AAA Rules.
YOU ACKNOWLEDGE
AND AGREE THAT BOTH PARTIES TO THIS AGREEMENT ARE GIVING UP THEIR
CONSTITUTIONAL RIGHT TO HAVE SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A
JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY
OTHER PRESENTATIVE PROCEEDING.
The parties
further agree that the arbitrator, and not any federal, state or local court or
agency, shall have exclusive authority to resolve any dispute relating to the
interpretation, applicability, enforceability or formation of this agreement to
arbitrate. Any such controversy or claim shall be arbitrated on an individual
basis, unless both parties otherwise agree in writing. The arbitration shall be
held in San Francisco County, California, U.S.A.
You may cancel
this agreement to arbitrate by giving written notice to Tomofun
within 30 days of the date of your acceptance of this Agreement, or 30 days
after Tomofun makes material changes to this section
of this Agreement. You should send your cancellation notice to support@furbo.com with the following information: (i)
your name, (ii) your Tomofun account email address;
(iii) your mailing address; (iv) a statement of your wish not to resolve
disputes with Tomofun through arbitration. Your
notice to opt-out of arbitration only applies to this Agreement; if you
previously entered into other arbitration agreements with Tomofun
or enter into other such agreements in the future, your notification that you
are opting out of the arbitration terms of this Agreement shall not affect the
other arbitration agreements between you and Tomofun.
Should you choose to withdraw from the arbitration provision, all other
provisions of this Agreement shall remain in full force and effect.
If for any
reason a claim proceeds in court rather than arbitration, each party waives any
right to a jury trial. You agree to the personal jurisdiction by and venue in
the state and federal courts of San Francisco County in the State of California
or a United States District Court for the Northern District of California
located in San Francisco, California, and waive any objection to such
jurisdiction or venue.
This Agreement
constitutes the entire agreement among the parties relating to the subject
matter hereof, and supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written between the parties with respect
to any Services provided by Tomofun. Notwithstanding
the foregoing, you may also be subject to additional terms and conditions,
posted policies, guidelines, or rules that may apply when you use the Services,
use or access the services, content or software of our affiliates, third
parties or collaborating partners, or our enter sweepstakes, promotions, or
contests.
Any claim under
this Agreement must be brought within one (1) year after the cause of action
arises, or such claim or cause of action is barred; claims made under the
separate terms and conditions of purchase for goods or services are not subject
to this limitation.
Except to the
extent a claim or dispute is preempted by U.S. federal law, any claim or
dispute arising from or relating to this Agreement is governed by the laws of
the State of California, without regard to provisions of conflicts of law.
Unless prohibited under mandatory law, any lawsuit arising from or related
to this Agreement shall be brought exclusively before the Superior Court
of California, County of San Francisco, and you hereby agree to the
jurisdiction of any such court, unless such claim or dispute is required to be
arbitrated as set forth in an above section
The section
titles in this Agreement are for your convenience only and have no legal or
contractual effect.
You may not
assign or delegate any rights or obligations under this Agreement, and any such
attempts will be ineffective. Tomofun can freely
assign or delegate all rightsand obligations under
this Agreement in part or in its entirety without notice to you.
A failure to
exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be unlawful, void or
for any reason unenforceable then that provision shall be deemed severable from
this Agreement and shall not affect the validity and enforceability of any of
the remaining provisions.
We may provide
notifications to you as required or permitted by law via email to the primary
email address associated with the Account Owner, mobile notification, hard copy
or posting of such notice on our Services. Tomofun is
not responsible for any automatic filtering that you or your network provider
may apply to such notifications.
This Agreement
will remain in full force and effect as long as you continue to access or use
the Services, or until terminated in accordance with provisions of this
Agreement. We may terminate or suspend your use, access or account immediately,
without prior notice or liability, for any reason whatsoever, including without
limitation if you breach this Agreement.
If you transfer
the Services to another owner, your right to use our Services immediately
terminates with respect to the transferred Services. The new owner shall have
no right to use the Services as your Account Owner and will need to register as
a separate Account Owner and accept this Agreement.
Upon
termination, your right to use the Services will immediately cease. If you wish
to terminate your account, you may simply discontinue using the Service or
contact us at support@furbo.com.
If you have any
questions about this Agreement, please contact us at support@furbo.com.
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