Terms of service

Terms and Conditions of Sale

Faunalogy Inc.

Last Updated: 07/15/2026

PLEASE READ THESE TERMS CAREFULLY. Section 18 of this Agreement contains a binding arbitration provision and a class action waiver that affect your legal rights, including a 30-day right to opt out. Except as described in Section 18, disputes between you and Faunalogy will be resolved by individual binding arbitration, and you waive your right to participate in a class action or class-wide arbitration. Section 18.6 describes how to opt out.

1. Contract

Each sale of Faunalogy Inc. ("Faunalogy") products and services ("Products") and the acceptance of any purchase order submitted by a purchaser of Products ("Purchaser") is expressly made conditional on Purchaser's assent to these Terms and Conditions of Sale ("Agreement"), and Faunalogy agrees to furnish the Products only upon the terms and conditions of this Agreement. Any additional, different, or conflicting terms and conditions set forth in any documents issued by a Purchaser at any time, including without limitation any purchase orders and any specifications, are hereby objected to by Faunalogy, shall be wholly inapplicable to any sale of Products, and shall not be binding in any way on Faunalogy.

Faunalogy may revise this Agreement from time to time by posting the revised version on its website. Each purchase is governed by the version of this Agreement in effect at the time the order is placed. Faunalogy will provide notice of material changes by posting the updated Agreement with a revised "Last Updated" date and, where Faunalogy has the Purchaser's email address, by email. No revision to Section 18 (Dispute Resolution) shall apply to any claim that accrued before the effective date of that revision. No other waiver or amendment of this Agreement shall be binding on Faunalogy unless made in a writing expressly stating that it is such a waiver or amendment and signed by Faunalogy.

2. Payment

Payment is due in full at the time of purchase unless Faunalogy expressly agrees otherwise in writing. Shipping or provision of Products or services is only available after payment in full has been received by Faunalogy. Faunalogy may, but is not obligated to, sell Products to a Purchaser on credit. In such case:

(a) payment in full shall be due and payable thirty (30) days from the date of invoice;

(b) any unpaid balance shall accrue interest at one and one-half percent (1.5%) per month, compounded monthly, or the highest rate permitted by law; and

3. Limited Warranty

Each Product sold by Faunalogy is accompanied by the Faunalogy Limited Warranty applicable to that Product.

THE APPLICABLE WARRANTY IS FAUNALOGY'S ONLY WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAUNALOGY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WHERE APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE DURATION OF THE APPLICABLE FAUNALOGY LIMITED WARRANTY. THE EXCLUSIVE REMEDIES UNDER THE APPLICABLE WARRANTY ARE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, or limitations on how long an implied warranty lasts, so the above exclusions or limitations may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights that vary by jurisdiction. This limited warranty does not affect statutory rights that may apply.

4. Product Safety and Use

Purchaser is responsible for following all operating instructions, manuals, safety warnings, and guidelines provided by Faunalogy. Faunalogy Products are designed for use with domestic pets only and are not intended for use with wildlife, livestock, or other animals. Improper use may result in injury to pets or damage to property. Purchaser assumes all risks arising from misuse, modification, or use inconsistent with provided instructions.

5. Delivery and Acceptance

Faunalogy will make reasonable efforts to notify Purchaser of the anticipated delivery date of Products.

(a) Distributor Purchasers. A Purchaser buying under a Distributor Contract or for resale ("Distributor Purchaser") shall be on site upon delivery and responsible for unloading. If within forty-eight (48) hours of delivery a Distributor Purchaser has not provided Faunalogy an itemized written notice of objection to the condition of the Products, the Distributor Purchaser shall be deemed to have accepted the Products as satisfactory in all respects.

(b) End-User Purchasers. For all other Purchasers ("End-User Purchasers"), acceptance and returns are governed by Section 14 and the applicable Faunalogy Limited Warranty, and no deemed-acceptance period applies other than the return period stated in Section 14.

6. No Damages for Delay

Although Faunalogy will attempt to meet shipment and delivery schedules, Faunalogy will not be liable to Purchaser for any damages resulting from late shipment or delivery, including but not limited to direct, indirect, economic, incidental, or consequential damages (e.g., lost profits, loss of use, downtime).

7. Transportation Expenses

All transportation expenses shall be paid by Purchaser. Purchaser shall be responsible for making all in-transit damage claims to the carrier.

8. Risk of Loss

Risk of loss, theft, destruction, or damage to Products passes to Purchaser F.O.B. Faunalogy's applicable facility.

9. Taxes

Unless otherwise stated, the purchase price does not include sales, use, excise, or similar taxes. Purchaser shall pay any such taxes or provide a valid exemption certificate. Purchaser shall indemnify and hold Faunalogy harmless from all such taxes.

10. Limitation of Liability

FAUNALOGY'S LIABILITY FOR ANY CLAIM OF ANY KIND (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY) FOR ANY LOSS OR DAMAGE RESULTING FROM OR RELATING TO THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, OR USE OF PRODUCTS SHALL IN NO CASE EXCEED THE PURCHASE PRICE PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL FAUNALOGY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, VETERINARY COSTS, OR PROPERTY DAMAGE, EVEN IF FAUNALOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you, and in such jurisdictions Faunalogy's liability is limited to the greatest extent permitted by law. Nothing in this Section limits liability that cannot be limited under applicable law.

11. 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, acts of civil or military authority, changes in law or other governmental action, embargoes, tariffs or other trade measures, import or export restrictions, denial or revocation of any license or permit, labor disputes, epidemics or pandemics, natural disasters, transportation interruptions, or shortages of materials.

12. Security Interest

Faunalogy retains a security interest in Products to secure all obligations owed by Purchaser.

13. Termination, Cancellation, Reduction, or Rescheduling

(a) Distributor Purchasers. A Distributor Purchaser's cancellation, reduction, or rescheduling requests are subject to fair compensation for expenses incurred, commitments made, and anticipated profits.

(b) End-User Purchasers. An End-User Purchaser may cancel an order at no charge at any time before the Product ships, and Faunalogy will issue a full refund to the original payment method. After shipment, cancellation is governed by Section 14.

(c) Cancellation by Faunalogy. Faunalogy may cancel any order, in whole or in part, at any time prior to shipment, including for pricing or listing errors, product unavailability, suspected fraud, or events described in Section 11. In that case, Faunalogy will notify the Purchaser and its sole obligation shall be to refund in full all amounts paid for the cancelled order or portion, to the original payment method.

14. Returns

(A) Distributor Purchasers: Returns of undamaged, non-defective, brand-new Products are not accepted unless otherwise provided in a Distributor Contract.

(B) End-User Purchasers: For Products purchased directly from Faunalogy, end-user Purchasers may return Products for a refund of the product price within the return period specified for that Product (typically thirty (30) days from the purchase date), subject to the following conditions:

Condition of Product: Returned Products must be in good working condition and free from damage caused by misuse, neglect, or improper handling by the Purchaser. Products damaged by the end user are not eligible for return or refund.

Original Packaging: If the Product is returned in its original packaging, no repackaging fee applies. If the original packaging is not available, a $30 repackaging fee will be deducted from the refund. Purchaser must package the Product safely for return.

Packaging & Transit Damage: If a Product returned without original packaging is damaged in transit due to inadequate packaging, Faunalogy may deduct the cost of repair from the refund or reject the return entirely.

Return Shipping Costs: If the return is due to incorrect, defective, or damaged Products (not caused by Purchaser), Faunalogy will provide a prepaid return label and cover shipping. For all other returns, the Purchaser is responsible for return shipping costs.

Refund Process: Risk of loss remains with Purchaser until Faunalogy receives the returned Product. Refunds will be issued to the original payment method after inspection and any applicable deductions.

(C) Warranty Repair: Returns for service require prior authorization and an RMA (Return Material Authorization) number. Purchaser must prepay shipping, unless otherwise authorized. Items returned for credit may be subject to a restocking fee.

15. Costs and Attorneys' Fees

Except as provided in Section 2(c) or as otherwise required or permitted by applicable law or by the arbitrator under Section 18, each party shall bear its own attorneys' fees and costs in any dispute arising out of or relating to this Agreement or the Products.

16. Entire Agreement

This Agreement, together with the Faunalogy Limited Warranty, the Return and Refund Policy, the Shipping Policy, the Privacy Policy, and, for users of the Ovvi App, the Ovvi App Terms of Use, constitutes the entire agreement between Purchaser and Faunalogy with respect to the purchase and sale of Products. Each of those documents governs its own subject matter, and this Agreement governs the purchase and sale of Products. In the event of a conflict, the document specific to the subject matter of the dispute controls.

17. Severability; Survival

If any provision is held invalid, the remainder shall remain in force. Any provision of this Agreement that by its nature should survive shall survive delivery and acceptance of Products, completion of any purchase, cancellation of any order, any return or refund, and the expiration of any warranty, including without limitation Sections 3 (Limited Warranty), 6 (No Damages for Delay), 9 (Taxes), 10 (Limitation of Liability), 12 (Security Interest), 15 (Costs and Attorneys' Fees), 18 (Dispute Resolution), and 19 (Governing Law).

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.

18.1 Informal Resolution First

Before initiating any arbitration or court proceeding, Purchaser and Faunalogy each agree to first attempt to resolve any dispute informally. The party raising the dispute shall send the other a written notice describing the dispute, including the claimant's name, the email address and order number associated with the purchase, the Device serial number if the claim concerns a Device, a description of the specific dispute, and the relief sought. Notices to Faunalogy shall be sent to Faunalogy Inc., 105 Remington Blvd., Suite B, Ronkonkoma, NY 11779, or to info@faunalogy.com. Faunalogy will send any such notice to the email address associated with the purchase. 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 Purchaser, including any Purchaser who opts out of arbitration under Section 18.6.

18.2 Agreement to Arbitrate

Except as set out in Section 18.3, Purchaser and Faunalogy agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the purchase, sale, delivery, or use of any Product, or the relationship between Purchaser and Faunalogy, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved by binding individual arbitration rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act. 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 Purchaser.

18.3 Exceptions

Either party may bring an individual claim in small claims court in any jurisdiction where venue is proper, so long as the claim remains in that court and is not removed or appealed to a court of general jurisdiction. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights pending arbitration.

18.4 Class Action Waiver

PURCHASER 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this Class Action Waiver is found to be unenforceable as to a particular claim or request for relief, that claim or request, and only that claim or request, shall be severed and litigated in a court of competent jurisdiction, and all remaining claims shall proceed in individual arbitration.

18.5 Rules, Fees, and Venue

(a) For End-User Purchasers, arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Faunalogy will pay all filing, administration, and arbitrator fees for which it is responsible under the AAA Consumer Arbitration Rules. Arbitration shall take place, at the End-User Purchaser's election, in Suffolk County, New York, in the county where the Purchaser resides, by telephone, or by videoconference. The arbitrator may award any relief that would be available in court, including attorneys' fees where authorized by law.

(b) For Distributor Purchasers, arbitration shall be administered by the AAA under its Commercial Arbitration Rules, fees shall be allocated as those rules provide, and arbitration shall take place in Suffolk County, New York, unless the parties agree otherwise.

(c) If the AAA is unavailable or declines to administer a dispute, the parties shall agree on another arbitration administrator, and failing agreement, a court of competent jurisdiction under Section 19 shall appoint one.

18.6 Your Right to Opt Out

Purchaser may opt out of the arbitration agreement in Sections 18.2 through 18.5 and Section 18.7 by sending written notice to info@faunalogy.com, or to Faunalogy Inc., 105 Remington Blvd., Suite B, Ronkonkoma, NY 11779, within thirty (30) days of the Purchaser's first purchase governed by this Agreement, or within thirty (30) days of the effective date of this Section, whichever is later. The notice must include the Purchaser's name, the email address and order number associated with the purchase, and a clear statement that the Purchaser wishes to opt out of arbitration. If Purchaser opts out, neither Purchaser nor Faunalogy will be bound by Sections 18.2 through 18.5 or Section 18.7. A Purchaser who has validly opted out of arbitration under the Ovvi App Terms of Use shall be deemed to have opted out under this Agreement, and a Purchaser who validly opts out under this Agreement shall be deemed to have opted out under the Ovvi App Terms of Use. Opting out will not affect any other provision of this Agreement.

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 and order number associated with the purchase, 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 this Section 18, and the balance of this Section 18.7 and of this Section 18 shall remain in full force.

18.8 Survival

This Section 18 survives the completion of any purchase, any return or refund, the expiration of any warranty, and any termination of the relationship between Purchaser and Faunalogy.

19. Governing Law

This Agreement shall be governed by New York law, without regard to its conflict of laws principles, except that Section 18 is governed by the Federal Arbitration Act. Subject to Section 18, any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Suffolk County, New York, and Purchaser consents to the jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

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