Terms of Use - Ovvi App
OVVI APP TERMS OF USE
End User License Agreement
Faunalogy Inc.
Last Updated: 07/29/2026
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 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.
Anyone who accesses or uses the App, whether as the account holder or as another person using the account holder's credentials with the account holder's permission (an "Authorized User"), agrees by that access or use to be bound by these Terms, including Section 18 (Dispute Resolution; Binding Arbitration; Class Action Waiver). If you permit an Authorized User to access the App through your account, you represent that you have made these Terms available to that person and informed them that these Terms govern their use of the App, and you agree, to the fullest extent permitted by law, that you accept these Terms on behalf of each Authorized User. An Authorized User's right to opt out of arbitration under Section 18.6 runs from the date that Authorized User first accesses the App.
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 will also stop your Device from dispensing food; before deleting your account, make alternative arrangements for feeding your pet (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. The license granted in this Section 4 also extends to each Authorized User (as defined in Section 3.2), solely for use of the App on a mobile device that the Authorized User owns or controls, in connection with your account and 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 your last saved schedule. Until it reconnects, the Device will not dispense any food.
If the Device regains power but cannot connect to your Wi-Fi network — for example, because your network is unavailable, your router has not finished restarting, or the connection fails — the Device will not dispense any food. Feedings scheduled during this period will be missed and will not be made up automatically. Once the Device successfully connects to the internet, it will resume feeding according to the last schedule you set in the App, beginning with the next scheduled feeding.
8.2.1 Why the Device Behaves This Way
This is a deliberate design choice. Without a verified current time, the Device cannot determine when a feeding should occur. Faunalogy has elected to have the Device withhold dispensing entirely until it can verify the time, rather than dispense on an estimated basis, in order to prevent mistimed, duplicated, or excessive feedings. The consequence — which you must understand before relying on the Device — is that a power interruption followed by a loss of internet connectivity will result in your pet receiving no food from the Device until both power and connectivity are restored. 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 it resumes operation following a power interruption 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:
• The Device will not dispense any food. Every feeding scheduled while the Device is without power, and every feeding scheduled after power is restored but before the Device reconnects to the internet, will be missed and will not be made up automatically.
• You will not receive alerts or messages during this period, and the App will show no consumption for it (see Sections 8.4, 8.5, and 8.7).
• When the Device resumes operation, it will discard the open can and begin with a new, unopened can (see Section 8.2.2), so each power interruption consumes at least one additional can.
• If a power interruption followed by a loss of connectivity occurs while you are away, and no one is available to restore power and connectivity, your pet may receive no food from the Device until your return. Repeated or prolonged interruptions compound this risk.
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 allows feedings to continue uninterrupted and prevents the missed feedings described in Section 8.2.
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 No Schedule Until Setup; Default Schedule
The Device has no feeding schedule out of the box. A Device that has never been linked to a user account in the App and connected to the internet has no schedule and will not dispense any food. When the Device is first linked to your account and comes online, a default schedule of one (1) can per day is applied until you set your own feeding schedule in the App. This default is a fallback, not a recommendation. It may not be appropriate for your pet, and you should set a feeding schedule appropriate for your pet as part of setup. The Device requires an active account to operate: if your account is deleted or terminated, the Device will stop dispensing food (see Section 15.3).
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 but the Device still has electrical power, 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. If power is also interrupted, the Device will stop feeding and will not resume until both power and connectivity are restored — see Section 8.2. 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, or regained power without an internet connection. 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
The Device requires an active account to operate. If your account is deleted or terminated — whether by you or by Faunalogy — the Device will stop dispensing food and will not feed your pet again until it is linked to an active account. Before deleting your account, you must make alternative arrangements for feeding your pet. Because termination stops the Device from feeding, Faunalogy will provide reasonable advance notice before terminating your account, except where immediate action is necessary or legally required, so that you can make alternative feeding arrangements. A Device that has stopped operating for this reason can be restored by creating an account and linking the Device to it. Except as described in this Section, Faunalogy will not remotely disable 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 any arbitration or court proceeding, you and Faunalogy each agree to first attempt to resolve any dispute informally. The party raising the dispute must send the other a written notice describing the dispute, including the claimant’s name, the email address associated with the account, the Device serial number if the claim concerns a Device, a description of the specific dispute, and the relief sought. Notices to Faunalogy must be sent to Faunalogy Inc., 105 Remington Blvd., Suite C, Ronkonkoma, NY 11779, or to info@faunalogy.com. Faunalogy will send any such notice to the email address associated with your account. The parties shall negotiate in good faith for sixty (60) days from receipt of a compliant notice, and no arbitration demand or court action may be filed during that period. This informal resolution requirement applies to every user, including any user who opts out of arbitration under Section 18.6.
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. For purposes of this Section 18, "you" includes any Authorized User as defined in Section 3.2, and each Authorized User's use of the App constitutes that person's agreement to this Section 18.
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 C, Ronkonkoma, NY 11779, within thirty (30) days of the date you first accept these Terms, or within thirty (30) days of the effective date of this Section, whichever is later. For an Authorized User, the thirty (30) day period runs from the date described in Section 3.2, or from the effective date of this Section, whichever is later. 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 or Section 18.7. A User who has validly opted out of arbitration under the Faunalogy Terms and Conditions of Sale shall be deemed to have opted out under these Terms, and a User who validly opts out under these Terms shall be deemed to have opted out under the Faunalogy Terms and Conditions of Sale. 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 Coordinated Mass Filings; Staged Proceedings
(a) Application. This Section 18.7 applies if twenty-five (25) or more arbitration demands or pre-arbitration notices under Section 18.1 that raise substantially similar claims or issues are submitted against Faunalogy within a one hundred eighty (180) day period by or with the assistance, coordination, or sponsorship of the same law firm, group of law firms acting in coordination, or other organization (collectively, "Coordinated Filings"). Claimants whose demands are part of Coordinated Filings are referred to as "Coordinated Claimants." Whether this Section applies shall be determined by the arbitration administrator, or by a single process arbitrator appointed under the administrator's rules for multiple case filings, and not by the arbitrator assigned to any individual claim.
(b) Individual Informal Resolution Still Required. Each Coordinated Claimant must individually satisfy the informal resolution requirement in Section 18.1 before that claimant's demand may be filed. Counsel may submit notices on behalf of multiple clients, but each notice must identify the individual claimant by name, the email address associated with that claimant's account, the Device serial number if the claim concerns a Device, a description of that claimant's specific dispute, and the relief that claimant seeks. Form notices that do not contain individualized information do not satisfy Section 18.1. Faunalogy will likewise engage in the informal resolution process individually and in good faith as to each claimant.
(c) First Stage (Bellwether Proceedings). If Coordinated Filings are not resolved through the informal process, the claims shall proceed in staged proceedings as follows. In the first stage, counsel for the Coordinated Claimants shall select up to ten (10) demands to be filed with the administrator, and Faunalogy shall select up to ten (10) additional demands to be filed, for a maximum of twenty (20) first stage arbitrations. Only the selected demands shall be filed, and filing, administration, and arbitrator fees shall be due only for the demands actually filed. No other demand that is part of the Coordinated Filings may be filed, and no fees in respect of any such demand shall accrue or be payable, while the first stage is pending. Each filed demand shall be arbitrated individually before a separate arbitrator unless the parties to a given demand agree otherwise.
(d) Global Mediation. Within sixty (60) days after the conclusion of the final first stage arbitration, the parties shall participate in a single global mediation of all remaining Coordinated Filings before a mutually agreed mediator, informed by the results of the first stage proceedings. Faunalogy shall pay the mediator's fees.
(e) Subsequent Stages. If Coordinated Filings remain unresolved following the global mediation, the staged process in subsection (c) shall repeat, except that each side may select up to twenty-five (25) demands per stage, with a global mediation following each stage, until all Coordinated Filings are resolved, withdrawn, or settled.
(f) Tolling. For any demand held in abeyance under this Section, all applicable statutes of limitations and any contractual deadline to assert the claim shall be tolled from the date the claimant's compliant Section 18.1 notice is received by Faunalogy until the date the demand is filed with the administrator, is resolved, or is withdrawn.
(g) Administrator Rules. Where the administrator has adopted supplementary rules governing multiple or mass filings, including the AAA Mass Arbitration Supplementary Rules and associated fee schedules, those rules apply to Coordinated Filings to the extent they do not conflict with this Section. If the AAA is unavailable or declines to administer the Coordinated Filings, the parties shall agree on another consumer arbitration administrator, and failing agreement, a court of competent jurisdiction under Section 19 shall appoint one.
(h) Purpose and Good Faith. The purpose of this Section is to make the individual resolution of a large number of similar claims orderly, efficient, and informed by early merits outcomes, not to delay or prevent any claimant from obtaining relief. The parties shall raise and resolve any dispute about the sequencing of demands in good faith and as promptly as practicable.
(i) Severability of This Section. If any portion of this Section 18.7 is held unenforceable as to a particular claimant or claim, that portion shall be severed as to that claimant or claim only, the affected demand may proceed in individual arbitration under the remainder of Section 18, and the balance of this Section 18.7 and of Section 18 shall remain in full force.
18.8 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. No modification to Section 18 (Dispute Resolution) will apply to any claim that accrued before the effective date of that modification.
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 C, 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 and, for Products purchased from Faunalogy, the Faunalogy Terms and Conditions of Sale, the Faunalogy Limited Warranty, the Return and Refund Policy, and the Shipping Policy, constitute the entire agreement between you and Faunalogy regarding the App and the Device’s connected features, and supersede all prior or contemporaneous understandings regarding their subject matter. Each of those documents governs its own subject matter, and these Terms govern your use of the App. In the event of a conflict, the document specific to the subject matter of the dispute controls.
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
Faunalogy Inc.
105 Remington Blvd., Suite C
Ronkonkoma, NY 11779
Phone: (631) 315-9680
Support: helpmeow@faunalogy.com
Legal notices: info@faunalogy.com