Terms and Conditions
Last Modified: September 9, 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
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
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 question