These terms and conditions (“Terms”, “Agreement”) are an agreement between Mobile Application Developer (“Mobile Application Developer”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the Pintrac mobile application and any of its products or services (collectively, “Mobile Application” or “Services”).
You must be at least 18 years of age to use this Mobile Application. By using this Mobile Application and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Intended use of the pet tracker is the location. Mobile application developer collects the location of your pet by connected pet tracker when its operational. Mobile application developer doesn’t collect your location. User has to assume the pet is with user and location is known. Mobile application developer WILL NOT share your pet’s location or your location with anyone other than whom you’ve authorized to share as part of friends and family by specifically inviting users. Mobile application developer advises that you should inform your invited users not to share your pet’s location with anyone without your consent. Mobile application stores your pet’s location information for the period of 60 days. When user deletes, disables or suspends the account, the data will be stored at the data center securely for a period of 60 days. Such location information is not shared with unauthorized users. From time to time, Mobile Application developer may use the general area (City, County and State) area for advertising, marketing, census or educational purpose. By agreeing to this document, you are accepting such use of the location information. You have the choice of not sharing your general area for such purposes explained above.
We may collect and use a few types of location information depending on the products and features you’re using to provide you with a more useful experience with Pintrac.
Implicit location information is information that does not tell us where your tracker is located but allows us to infer that you and / or your pet in the place or that you might be at the place. An example of implicit location information would be you taking your pet for a walk or to the kennel you may leave your pet at while you’re away. Implicit location information is used in a variety of ways. For example, if your pet is in a location most of the time, based on the town or city, we infer that you may be interested in pet food, pet products and veterinary hospitals and can then use that to provide recommendations about those local places to you.
Explicit location information contains information about where you or your pet tracker is located, either based on GPS or WiFi. A location is captured to provide you with the correct products, such as turn-by-turn navigation in Google Maps for mobile require precise location information. For these products, you typically have to select to turn on device-based location services for your device (smartphone), which are services that use information such as GPS signals, device sensors, Wi-Fi access points, and cell tower IDs that can be used to derive or estimate precise location. You can choose to turn the device-based location services off at any point or choose not to use turn by turn directions when not required.
Location History are data points stored in the server. That will include where your tracker has been. Location History is turned ON by default for your account to provide you with day, week and monthly historical data.
Location History will include location information the map provider (in most cases Google) receives from Location Reporting, which is a device-level setting that allows your device to send location data back to the map provider for use in Location History.
Location History helps map providers provide more personalized features to you across other products and services. This personalization may take many different forms, depending on what you are doing and which map provider you use. For example, Location History helps Google understand things like parks, pet stores and your commute to those locations and provide suggestions on when to head home for the day.
Location History may be used to determine which ads to show you and to measure advertising effectiveness. For example, to make ads more relevant, if you frequently visit pet food store, you might later see an ad for Pet food. Some map providers like Google also use Location History in an anonymized and aggregated manner. We do not share your Location History or any other identifying information with advertisers.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.
This Agreement does not transfer to you any intellectual property owned by Mobile Application Developer or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Mobile Application Developer. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Mobile Application Developer or Mobile Application Developer licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Mobile Application Developer or third-party trademarks.
To the fullest extent permitted by applicable law, in no event will Mobile Application Developer, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Mobile Application Developer has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Mobile Application Developer and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Mobile Application Developer for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose
You agree to indemnify and hold Mobile Application Developer and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of California, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in California, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
The Mobile Application will be supported for thirty (30) months from the date of device activation. Further support may be available for a charge after thirty (30) months if device surpasses expected thirty (30) month life span and the device is still being actively produced.
We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.
If you have any questions about this Agreement, please contact us.
This document was last updated on March 19, 2019