App Terms of Use

OVVI APP TERMS OF USE

End User License Agreement

Faunalogy Inc.

Last Updated: July 13, 2026

PLEASE READ THESE TERMS CAREFULLY. These Terms of Use contain important information about the limits of the Ovvi App and the Ovvi Pet Feeder, including circumstances in which your pet may not be fed. Section 8 (Service Limitations) and Section 9 (Pet Safety) describe those limits and require you to maintain an independent means of ensuring your pet is fed. Section 18 also contains a binding arbitration provision and a class action waiver that affect your legal rights, including a 30-day right to opt out.

1. Agreement Between You and Faunalogy

These Terms of Use ("Terms") are a binding legal agreement between you ("you" or "User") and Faunalogy Inc., a New York corporation ("Faunalogy," "we," "our," or "us"), governing your download, installation, and use of the Ovvi mobile application (the "App") and the App's interaction with your Ovvi Pet Feeder hardware (each, a "Device").

By downloading, installing, creating an account in, or using the App, you agree to be bound by these Terms. If you do not agree, do not download, install, or use the App, and delete it from your mobile device.

These Terms are between you and Faunalogy only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Neither Apple nor Google is a party to these Terms, and neither is responsible for the App or its contents. See Section 21 (Apple-Specific Terms) and Section 22 (Google-Specific Terms).

1.1 Relationship to Our Other Policies

Faunalogy maintains several separate policies. Each governs a different subject:

• These App Terms of Use govern your use of the App and the App's software.

• The Faunalogy Terms of Service (Terms and Conditions of Sale) govern your purchase of the Device and other products.

• The Faunalogy Limited Warranty governs the Device hardware.

• The Faunalogy Privacy Policy governs how we handle personal information.

In the event of a direct conflict between these Terms and any other Faunalogy policy, these Terms control with respect to the App and its software, and the other policy controls with respect to its own subject matter.

2. Eligibility

You must be at least eighteen (18) years old and able to enter into a binding contract to create an App account. If you are under 18, you may use the App only through an account created and maintained by a parent or legal guardian who accepts these Terms on your behalf and is responsible for your use of the App.

The App and the Device are currently offered only in the continental United States. We make no representation that the App or the Device is appropriate, available, or lawful for use in any other location. You are responsible for compliance with local law if you access the App from elsewhere.

3. Your Account

3.1 Account Creation

To use the App, you must create an account using an email address and password. You agree to provide accurate information and to keep it current.

3.2 Credential Security and Shared Access

The App does not currently offer separate sub-accounts, household member profiles, or guest access. If you wish to allow another person (for example, a family member, roommate, or pet sitter) to control your Device, that person must sign in using your account email address and password.

You are solely responsible for all activity that occurs under your account, including feeding actions taken by any person to whom you provide your credentials. This includes manual dispenses, schedule changes, and pausing or stopping automatic feeding. Anyone with your credentials can change or stop your pet's feeding schedule. You should share your credentials only with people you trust, and you should change your password promptly if you no longer wish someone to have access. Faunalogy has no ability to determine which individual took a given action under a single account, and is not responsible for actions taken by persons you have authorized or to whom you have disclosed your credentials.

3.3 One Device, One Account

Each Device may be registered to only one App account at a time. A single App account may control one or more Devices.

3.4 Account Deletion

You may delete your account at any time by using the Delete Account option in the App, or by submitting a request through our Account Deletion Request Page. Account deletion may take up to thirty (30) days to complete. We will confirm by email to the address associated with your account when deletion is complete.

Deleting your account will permanently remove your access to the App and all feeding history, pet profile information, and veterinary contact information associated with it. This data cannot be recovered. Deleting your account does not stop your Device from operating; see Section 15.3.

4. License Grant

Subject to your compliance with these Terms, Faunalogy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the App, in object code form only, on a mobile device that you own or control, solely for your personal, non-commercial use in connection with a Device you own.

For Apps obtained through the Apple App Store, this license is further subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions, including that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where applicable.

The App is licensed, not sold, to you. Faunalogy and its licensors retain all right, title, and interest in and to the App, the Device firmware, and all associated intellectual property.

5. Restrictions on Use

You agree that you will not, and will not permit any third party to:

• Copy, modify, adapt, translate, or create derivative works of the App or the Device firmware;

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App or the Device firmware, except to the extent this restriction is prohibited by applicable law;

• Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App;

• Remove, obscure, or alter any proprietary notices in the App;

• Use the App to control any device other than an authentic Faunalogy Ovvi Pet Feeder, or attempt to connect an Ovvi Pet Feeder to any application other than the App;

• Install, load, or run any firmware on a Device other than firmware provided by Faunalogy;

• Circumvent, disable, or interfere with any security, authentication, or access-control feature of the App or the Device;

• Use the App in a manner that interferes with, disrupts, or places an unreasonable load on Faunalogy's servers or networks; or

• Use the App or the Device for any unlawful purpose, or with any animal other than a domestic pet, consistent with the Faunalogy Terms of Service.

6. Software and Firmware Updates

Faunalogy may from time to time make available updates, upgrades, patches, or new versions of the App and of the Device firmware, including over-the-air ("OTA") firmware updates delivered through the App. You agree that Faunalogy may deliver such updates automatically or may require you to install them.

Updates may add, change, or remove features. Faunalogy does not guarantee that any particular feature will remain available. Some updates may be necessary for the App or the Device to continue to function correctly or securely.

If you decline or fail to install an update, the App or your Device may cease to function correctly, may become insecure, or may become unsupported. A Device may briefly be unable to dispense food while a firmware update is being applied. You should not schedule updates at a time when a feeding is imminent.

These Terms govern any update unless the update is accompanied by a separate license, in which case that license governs.

7. What the App Does

The App allows you to perform the following functions, subject to the limitations in Section 8:

• Connect a Device to your wireless (Wi-Fi) network;

• Create, edit, start, and pause an automatic feeding schedule;

• Set portion size for scheduled feedings;

• Trigger a manual dispense (available only while automatic feeding is enabled);

• View feeding history, including the quantity of food consumed at each scheduled meal as measured by the Device's weight sensor;

• Receive alerts and messages, including jam, error, low-food, and no-food notifications;

• Clear the current can and set the open-can life setting;

• Enter and store pet information and veterinary contact information;

• Name a Device and manage more than one Device from a single account; and

• Receive and install over-the-air firmware updates.

8. Service Limitations — Important

THE APP AND THE DEVICE ARE CONVENIENCES. THEY ARE NOT A GUARANTEE THAT YOUR PET WILL BE FED. The following limitations are inherent to the product. By using the App, you acknowledge that you have read and understood them.

8.1 The Device Requires Household Electrical Power

The Device has no battery backup. During a power outage, the Device will not dispense food, will not sound alerts, and will not perform any scheduled feeding. Feedings scheduled to occur during an outage will be missed and will not be made up automatically. If you experience frequent power interruptions, or if you will be away from home, you must arrange an independent means of feeding your pet.

8.2 Behavior After a Power Outage

The Device does not maintain an internal clock while it is without power. When power is restored, the Device attempts to reconnect to your Wi-Fi network in order to retrieve the current time and resume your schedule accurately.

If the Device cannot obtain the current time within approximately thirty (30) minutes after power is restored — for example, because your Wi-Fi network is unavailable, your router has not finished restarting, or the connection fails — the Device will resume operating as though it were beginning the first feeding of the day, and will proceed through the remainder of your schedule from that point based on elapsed time. It will continue to operate on that basis until it successfully connects to the internet, at which point it will correct itself.

8.2.1 Why the Device Behaves This Way

This is a deliberate design choice. Faunalogy has elected to have the Device continue dispensing on a best-estimate basis rather than stop dispensing entirely when it cannot verify the time, so that a prolonged loss of internet connectivity does not result in a pet receiving no food at all. Faunalogy is separately developing hardware capable of maintaining the time during a loss of power; that capability is not present in current Devices.

8.2.2 The Device Discards the Open Can After a Power Interruption

Because the Device cannot determine how long an already-opened can has been exposed while it was without power — which may have been minutes or may have been days — the Device discards the open can when power is restored and begins with a new, unopened can. The open-can life timer then restarts, running for twenty-four (24) hours or for the shorter period you have configured, whichever is less.

This behavior is intended to prevent your pet from being served food that may have spoiled. It applies to every power interruption, regardless of duration. A can that was opened shortly before a brief outage will be discarded even if most of its contents remain.

8.2.3 What This Means For You

You should understand the consequences of the behavior described in Sections 8.2 and 8.2.2. Following a power interruption, and until the Device reconnects to the internet:

• Feedings may occur at the wrong time of day.

• Feedings may be repeated, and your pet may receive more food than you scheduled.

• Each power interruption consumes at least one additional can, which is discarded, and restarts the day's schedule.

• Because the Device holds a finite quantity of food, discarding cans and dispensing more frequently than scheduled will exhaust the available food supply sooner than you planned. If this occurs while you are away, the Device may run out of food before your return, and your pet may subsequently receive no food at all. Repeated power interruptions compound this effect.

Faunalogy makes no representation that the behavior described in this Section will result in your pet being adequately or appropriately fed following a power interruption.

If your pet has a medical condition, is diabetic, is on a prescription or restricted diet, or is otherwise sensitive to the timing or quantity of feedings, you should not rely on the Device to resume unattended after a power interruption. Check the Device, the remaining food supply, and the feeding history as soon as practicable after any outage.

8.2.4 Recommended Power Continuity

Faunalogy recommends that you connect the Device to an uninterruptible power supply (UPS), battery backup, or generator, and that you also connect your internet router to that backup power. Maintaining power to the router allows the Device to reconnect and retrieve the correct time, which prevents the behavior described in Section 8.2 from occurring at all.

Suitability. The Device requires continuous household electrical power to function as intended. If you are located in a place that experiences frequent or prolonged power interruptions, and you are unable to provide backup power to the Device and your router, the Device may not be suitable for your circumstances, and Faunalogy does not recommend that you rely on it.

8.3 Factory Default Schedule

If a Device has never been connected to Wi-Fi and no schedule has been set, it will operate on its factory default setting: one (1) can dispensed per day at 5:30 a.m. This default is a fallback, not a recommendation. It may not be appropriate for your pet.

8.4 The App and Alerts Require Internet Connectivity

An active internet connection is required to set up the Device, to create or change a feeding schedule, to trigger a manual dispense, to receive alerts and messages, and to view feeding history.

If your internet connection is unavailable, the Device will continue to run its last saved schedule and your pet may be fed normally, but the Device cannot report to our servers. During such a period you will not receive any alerts or messages — including jam, error, low-food, and no-food alerts — and the App will show no consumption for that period, whether or not your pet was in fact fed and ate. Feeding and consumption data for any period during which the Device is offline is not recorded and is permanently unavailable. See Section 8.7.

8.5 Alerts Are Not Guaranteed

Alerts and push notifications depend on systems Faunalogy does not control, including your internet service provider, your wireless network, your mobile carrier, your mobile device's operating system and notification settings, battery-saver and low-power modes, and third-party push notification services operated by Apple and Google. Alerts may be delayed, may be delivered out of order, or may not be delivered at all. You must not rely on receiving an alert as confirmation that a problem does or does not exist.

8.6 Mechanical Limitations

The Device may jam, may fail to dispense, may dispense a partial portion, or may run out of food. The App is designed to alert you to certain of these conditions, but is subject to the limitations in Sections 8.4 and 8.5.

8.7 Consumption Data: What It Tells You and What It Does Not

The Device includes a weight sensor beneath the can nest that measures food removed from the can in real time. The App's feeding history reports the quantity of food removed during each scheduled meal, rather than the quantity dispensed.

A reading of zero, or an absence of data, is ambiguous. The App displays no consumption for a given period when any of the following has occurred, and it cannot distinguish among them:

• Your pet did not eat. This may indicate illness or another serious condition requiring immediate attention.

• The Device lost power. The Device did not dispense and your pet was not fed by it.

• The Device lost its internet connection. The Device may have dispensed normally and your pet may have eaten normally, but that information could not reach our servers and is not recorded. Data for any such period is permanently unavailable.

Because these outcomes appear identical in the App, you must treat any period showing no consumption as requiring investigation. You should not assume it is a connectivity problem, and you should not assume it is a feeding problem. You must determine which it is.

The App does not currently send you an alert or notification when no food has been consumed, or when the Device stops reporting. You will not be informed of these conditions unless you open the App and review the feeding history yourself. Faunalogy is developing such an alert but has not committed to a date for its release, and you must not rely on receiving one.

A non-zero reading indicates that food was removed from the can. It does not establish which animal removed it, or that the food was consumed rather than spilled, displaced, or taken by another pet or person in the household. The Device contains no camera and no microphone, and cannot identify your pet.

The consumption data reported by the App is not a medical monitoring tool and is not a substitute for direct observation of your pet or for veterinary care. If your pet's eating changes, consult a veterinarian.

8.8 Your Responsibilities

You are solely responsible for the health, feeding, and welfare of your pet. You must not use the App or the Device as your pet's sole or unsupervised means of receiving food. By using the App, you agree to the following:

• Check the App regularly. Because the App does not currently alert you when your pet has not eaten or when the Device has stopped reporting (see Section 8.7), you will open the App and review the feeding history on a regular basis — daily is recommended — to confirm that the Device is online, that feedings are occurring, that your pet is eating, and that food remains available.

• Investigate any period of no consumption. If the App shows no food consumed, or shows no data, you will promptly determine the cause and take appropriate action, including seeking veterinary attention if your pet has not eaten.

• Observe your pet directly. You will not rely on the App as your only means of knowing your pet's condition.

• Arrange coverage before you travel. Before any period during which you will be away from your pet, you will arrange for a specific, identified person who is able and willing to attend the premises and feed or check on your pet in the event the Device fails, loses power, runs out of food, behaves unexpectedly, or reports no consumption. You will ensure that person has access to the premises.

• Verify before absence. You will confirm that the Device is operating, is connected, and is adequately loaded with food before any period of absence.

The Device is a convenience that assists a responsible pet owner. It is not a substitute for one. Faunalogy expects that you will maintain the same standard of attention and contingency planning for your pet that you would maintain for any other essential system in your home.

9. Pet Safety, Food Spoilage, and No Veterinary Advice

9.1 Open-Can Life Setting

The open-can life setting limits how long an opened can remains in use, up to a maximum of twenty-four (24) hours, or a shorter period that you may configure. The Device also discards any open can following a power interruption, as described in Section 8.2.2.

These features are intended to reduce, but cannot eliminate, the risk of spoilage. The open-can life setting is an estimate based on typical conditions. It is not a food-safety guarantee. Actual spoilage depends on ambient temperature, humidity, the specific food used, the manufacturer's guidance for that food, and how long food remains exposed in the bowl. You are responsible for determining whether food remains safe for your pet to eat, for following the food manufacturer's storage and use instructions, and for clearing and cleaning the Device as directed in the product documentation.

9.2 No Veterinary Advice

Any pet profile information and veterinary contact information you enter into the App is stored for your convenience only. The App does not provide veterinary, nutritional, or medical advice, does not diagnose any condition, and does not make feeding recommendations tailored to your pet. Portion sizes and schedules are set by you. Nothing in the App is a substitute for professional veterinary care. Consult a licensed veterinarian regarding your pet's diet and health.

9.3 Domestic Pets Only

The Device is designed for use with domestic pets only, and is not intended for use with wildlife, livestock, or other animals.

10. Privacy

Our collection and use of personal information in connection with the App is described in the Faunalogy Privacy Policy, available at faunalogy.com/pages/privacy-policy, which is incorporated into these Terms by reference. The App does not contain a camera or a microphone, and does not capture audio or video.

11. Intellectual Property

The App, the Device firmware, and all content, features, functionality, trademarks, service marks, logos, and designs associated with them are owned by Faunalogy or its licensors and are protected by United States and international intellectual property laws. "Faunalogy" and "Ovvi" are trademarks of Faunalogy Inc. Nothing in these Terms grants you any right to use any Faunalogy trademark without our prior written consent.

12. No Fees; Right to Change

The App is currently provided to Device owners at no charge. There are no subscriptions and no in-app purchases.

Faunalogy reserves the right to introduce paid features, premium tiers, or subscription services in the future. We will provide reasonable advance notice before doing so, and we will not begin charging you for any feature without your affirmative consent. You remain responsible for any data charges imposed by your mobile carrier or internet service provider in connection with your use of the App.

13. Third-Party Services

The App relies on services operated by third parties, including mobile operating systems, app stores, push notification services, cloud hosting providers, and your internet and mobile service providers. Faunalogy does not control these services and is not responsible for their availability, performance, or acts or omissions. Your use of any third-party service is governed by that third party's own terms and privacy policy.

14. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAUNALOGY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

FAUNALOGY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ALERTS OR NOTIFICATIONS WILL BE DELIVERED; THAT FEEDING HISTORY WILL BE COMPLETE OR ACCURATE; OR THAT ANY SCHEDULED FEEDING WILL OCCUR AT THE SCHEDULED TIME OR AT ALL.

This Section does not affect the Faunalogy Limited Warranty applicable to the Device hardware, which is a separate document, or any warranty right you may have that cannot be disclaimed under applicable law. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. This Section does not limit any statutory rights you may have as a consumer.

15. Term and Termination

15.1 Term

These Terms apply from the time you first download or use the App until terminated by you or by Faunalogy.

15.2 Termination

You may terminate these Terms at any time by deleting your account and uninstalling the App. Faunalogy may suspend or terminate your access to the App if you materially breach these Terms, or if we are required to do so by law. Except where immediate action is necessary or legally required, we will give you notice and, where the breach is capable of cure, a reasonable opportunity to cure it before suspending or terminating your access.

15.3 Effect of Termination on Your Device

Termination of your App account does not disable your Device. Your Device will continue to operate on its last saved schedule, or, if no schedule has been set, on its factory default setting described in Section 8.3. However, without App access you will not be able to change the schedule, adjust portion size, trigger a manual dispense, pause automatic feeding, clear the can, view feeding history, or receive any alerts or messages. Faunalogy will not remotely disable, brick, or render inoperable a Device you have purchased.

15.4 Survival

Sections 5, 8, 9, 11, 14, 16, 17, 18, 19, and 23 survive any termination of these Terms.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAUNALOGY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF DATA, LOSS OF FEEDING HISTORY, LOSS OF USE, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF FAUNALOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, FAUNALOGY SHALL NOT BE LIABLE FOR ANY MISSED FEEDING, DELAYED FEEDING, DUPLICATE FEEDING, OVER-FEEDING, UNDER-FEEDING, OR OFF-SCHEDULE FEEDING, OR FOR ANY UNDELIVERED, DELAYED, OR INACCURATE ALERT, OR FOR ANY RESULTING ILLNESS, INJURY, OR DEATH OF A PET, OR FOR ANY VETERINARY OR OTHER COSTS ARISING THEREFROM.

IN NO EVENT SHALL FAUNALOGY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE DEVICE THAT IS THE SUBJECT OF THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

You acknowledge that the limitations in this Section are an essential basis of the bargain between you and Faunalogy, that the App is provided at no charge, and that Faunalogy would not provide the App on these terms without them.

17. Indemnification

You agree to indemnify, defend, and hold harmless Faunalogy and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with (a) your misuse of the App or the Device; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any action taken under your account by any person to whom you provided your account credentials.

18. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT CONTAINS A 30-DAY OPT-OUT RIGHT.

18.1 Informal Resolution First

Before initiating arbitration, you and Faunalogy each agree to attempt to resolve the dispute informally. You must send written notice of the dispute to Faunalogy Inc., 105 Remington Blvd., Suite B, Ronkonkoma, NY 11779, or to info@faunalogy.com, describing the dispute and the relief you seek. Faunalogy will send any such notice to the email address associated with your account. If the dispute is not resolved within sixty (60) days after the notice is received, either party may commence arbitration.

18.2 Mutual Binding Arbitration

You and Faunalogy each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, and not in court, except as set out in Section 18.3. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator, and not any federal, state, or local court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate. This obligation is mutual and binds Faunalogy to the same extent it binds you.

18.3 Exceptions

Either party may bring an individual action in small claims court. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

18.4 Class Action Waiver

YOU AND FAUNALOGY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this Class Action Waiver is found to be unenforceable as to a particular claim or request for relief, that claim or request shall be severed and litigated in a court of competent jurisdiction, and all remaining claims shall proceed in arbitration.

18.5 Location and Costs

Arbitration will be conducted in Suffolk County, New York, or, at your election, in the county of your residence, by telephone, or by video conference. Faunalogy will pay all filing, administration, and arbitrator fees for which it is responsible under the AAA Consumer Arbitration Rules. The arbitrator may award any relief that would be available in court, including attorneys' fees where authorized by law.

18.6 Your Right to Opt Out

You may opt out of this arbitration agreement. To do so, send written notice to info@faunalogy.com, or to Faunalogy Inc., 105 Remington Blvd., Suite B, Ronkonkoma, NY 11779, within thirty (30) days of the date you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Faunalogy will be bound by Sections 18.2 through 18.5. Opting out will not affect any other provision of these Terms, and will not affect your use of the App or the Device in any way.

18.7 Survival

This Section survives termination of these Terms and deletion of your account.

19. Governing Law

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Subject to Section 18, any action not subject to arbitration shall be brought exclusively in the state or federal courts located in Suffolk County, New York, and you consent to the jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. Changes to These Terms

Faunalogy may modify these Terms from time to time. We will update the "Last Updated" date at the top of these Terms. If we make material changes, we will provide reasonable notice, which may include an in-App notice, an email to the address associated with your account, or a notice on our website. Your continued use of the App after the effective date of a material change constitutes acceptance of the modified Terms. If you do not agree, you must stop using the App and may delete your account.

21. Apple-Specific Terms

This Section applies if you obtained the App from the Apple App Store. In the event of a conflict between this Section and any other provision of these Terms, this Section controls with respect to your use of the App on an Apple device.

• Acknowledgment. These Terms are between you and Faunalogy only, and not with Apple. Faunalogy, not Apple, is solely responsible for the App and its content.

• Scope of License. The license granted in Section 4 is limited to a non-transferable license to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

• Maintenance and Support. Faunalogy is solely responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You may contact Faunalogy at helpmeow@faunalogy.com.

• Warranty. Faunalogy is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Faunalogy's sole responsibility.

• Product Claims. Faunalogy, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of the HealthKit and HomeKit frameworks, if applicable.

• Intellectual Property Claims. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Faunalogy, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

• Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

• Developer Name and Address. Faunalogy Inc., 105 Remington Blvd., Suite B, Ronkonkoma, NY 11779. Telephone: (631) 315-9680. Email: helpmeow@faunalogy.com. Any questions, complaints, or claims with respect to the App should be directed to this address.

• Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the App, including the terms of your wireless data service agreement.

• Third-Party Beneficiary. You and Faunalogy acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

22. Google-Specific Terms

This Section applies if you obtained the App from Google Play. You acknowledge that these Terms are between you and Faunalogy only, and not with Google. Google is not responsible for the App or its content. Faunalogy, not Google, is solely responsible for the App, for any maintenance and support, and for addressing any claims relating to the App. Your use of Google Play is governed by the Google Play Terms of Service.

23. General Provisions

23.1 Entire Agreement

These Terms, together with the Faunalogy Privacy Policy, constitute the entire agreement between you and Faunalogy regarding the App, and supersede all prior or contemporaneous understandings regarding its subject matter.

23.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

23.3 No Waiver

Faunalogy's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

23.4 Assignment

You may not assign or transfer these Terms or any rights under them without Faunalogy's prior written consent. Faunalogy may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

23.5 Force Majeure

Faunalogy shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, power or internet outages, acts of civil or military authority, labor disputes, epidemics or pandemics, natural disasters, or failures of third-party services.

23.6 Export Compliance

You may not use or export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained.

23.7 U.S. Government End Users

The App and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.

24. Contact Us