Terms and Conditions
SafePaws End User Agreement
This End-User License Agreement (referred to as the "EULA") establishes a legally binding contract between you, the Licensee, whether an individual customer or entity, and SafePawsQR L.L.C., the Licensor. The EULA encompasses software, printed materials, associated media, and documentation in various formats (online, electronic, or printed). This Agreement is a binding legal document that includes clauses governing your legal rights and the liability of the Licensor. It applies to all instances of access and utilization of this product and its associated software.
You hereby consent, without any restrictions or alterations, to all the terms and conditions outlined within this EULA. By making use of this Licensed Product or software, the Licensee agrees to adhere to the terms and conditions specified in this EULA. However, should the Licensee disagree with the terms and conditions of this EULA, the Licensee may choose to comply with the contract's terms and cease the use of this product and software upon fulfillment of contractual obligations.
Definitions
"EULA" shall refer to this End-User-License-Agreement, including any amendment to this Agreement.
"Licensee" shall refer to the individual or entity that registers a tag(s) and agrees to the subscription accompanying the tag.
"Licensor" shall refer to the company or author, SafePawsQR., located at 3983 N. Woodlawn Ct. Suite 2, Wichita, KS 67220.
"Subscription/Licensed Product" shall mean subscription service associated with QR coded and/or NFC chipped pet tags, the Licensed Product provided pursuant to this EULA.
Contract Term Length
Licensee agrees to a minimum contract length obligation of 12 months from contract start date of contract.
Age of Licensee
By accepting these Terms of Service, you confirm that you have reached the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and have provided us with your consent to permit any of your minor dependents to use this site.
Grant of License
In accordance with the conditions of this EULA, SafePawsQR L.L.C. grants the Licensee a limited, revocable, non-exclusive, royalty-free license for the duration of this EULA to utilize the software linked to the SafePawsQR Subscription/Licensed Product tag program. The management of the Software is handled by SafePawsQR L.L.C. The Licensee is prohibited from imposing charges for the distribution of this Subscription/Licensed Product, whether for profit or solely to cover media and distribution expenses, unless a written agreement permitting such actions is established with SafePawsQR L.L.C.
Intellectual Property
You unconditionally acknowledge that all copyrights and other intellectual property rights in the Licensed Product are owned by the Licensors. All trademarks, designs, logos, and service marks visible in the Licensed Product are both registered and unregistered marks of the Licensor. This EULA and the Subscription/Licensed Product do not grant you or any user accessing your product any rights to utilize any form of intellectual property present in the Licensed Product.
Therefore, all copyrights, titles, interests, and rights related to the Subscription/Licensed Product, including but not limited to graphics, images, animations, videos, audio, music, online content, text, data, code, or software algorithms, are the property of the Licensor. Consequently, our Subscription/Licensed Product is safeguarded by applicable
copyright laws and international treaties, and you are expected to employ the Subscription/Licensed Product while respecting all the intellectual property contained therein, unless otherwise stipulated in this EULA.
Description of Rights and Limitations
Software Use: Licensee access and use the SafePawsQR software online on any web accessible device, including but not limited to phones, computers, tablets.
Licensee Limitation: The Licensee may not:
1. Employ the Subscription/Licensed Product for any unlawful or illicit purposes.
2. Sublease the Subscription/Licensed Product unless a written contract permitting such action is established with SafePawsQR L.L.C.
3. Utilize the Subscription/Licensed Product for any purpose other than personal and non-commercial use.
4. Collect content from our software or any other section of our website using automated methods, such as database scraping or screen scraping.
5. Decompile, reverse engineer, or disassemble our software, except when expressly allowed by applicable law, notwithstanding the limitations.
Restriction on Use by Competing Companies
The Licensee acknowledges and agrees that the use of our pet tag products, including any associated intellectual property, is strictly prohibited for companies that manufacture similar products or provide services that are in direct competition with SafePawsQR L.L.C. The Licensee shall not engage in any activities or business ventures that involve the creation, distribution, or sale of products or services that are substantially similar to those offered by SafePawsQR L.L.C. or add new services to their existing product and service line substantially similar to services offered by SafePawsQR L.L.C.
This restriction applies during the term of this agreement and continues even after the termination or expiration of this agreement. Violation of this restriction may result in legal action and the pursuit of remedies available under applicable laws.
By accepting these terms, the Licensee affirms their understanding and acceptance of this prohibition on the use of our pet tag products by competing companies and agrees to comply with this contractual obligation.
Deceased or Lost of Pet Liabilities
This contract entry acknowledges that the pet tags provided by SafePawsQR are intended solely for the purpose of aiding in pet identification. These tags are not designed or guaranteed to prevent loss or injury to the pet in any manner. SafePawsQR tags are simply a tool to help reduce increase the odds that the Licensee has for reuniting with their lost pet.
SafePawsQR L.L.C. emphasizes that while these identification tags serve to help reunite lost pets with their owners, they do not offer any form of safety assurance or protection against injury, harm, or loss to the pet. Pet owners and consumers are advised to take additional safety measures and precautions, such as microchipping, pet training, secure confinement, and supervision, to ensure the safety and well-being of their pets.
By purchasing and using these pet tags, the pet owner acknowledges and accepts that the SafePawsQR L.L.C. tags are not a substitute for responsible pet ownership and that the SafePawsQR L.L.C. cannot be held liable for any loss, injury, or harm to the pet. This includes, but is not limited to death or injury of pet involving ingestion or use of the pet tag itself. The pet owner assumes full responsibility for the safety and welfare of their pet and agrees not to hold the SafePawsQR L.L.C. responsible for any incidents or events related to the use of the identification tags.
In the unfortunate event of a pet's death or permanent loss, it is the Licensee's responsibility to initiate the termination or cancellation of their subscription contract. SafePawsQR L.L.C. will not provide refunds for any payments previously made to the company for payments that have been allocated towards the Licensee's subscription(s) or social media lost pet campaigns for pets that are deceased or permanently lost.
Adverse Reactions
SafePawsQR shall not assume liability for any allergic reactions or adverse effects that may arise due to the materials employed in the tags.
Tag Damage and Replacement
SafePawsQR tags are designed for standard use and are not guaranteed to be impervious to damage or destruction. Routine upkeep, including the replacement of worn tags, falls under the purview of the pet owner. For guidance on tag replacement, please contact your affiliated shelter for instructions on tag replacement.
Accuracy of Information
The Licensee is obligated to furnish precise and current information for the online pet profile associated with the tag, including details such as the pet's name and the owner's contact information. SafePawsQR bears no responsibility for any complications arising from inaccuracies in the information provided by the Licensee.
Lost or Stolen Tags
The Licensee assumes the duty of promptly reporting lost or stolen tags and reaching out to their affiliated contact for possible replacement. In cases where the defect in the tag's material or craftsmanship is deemed responsible for the replacement, the Licensee may incur charges for the new tags. It is essential for the Licensee to activate the new SafePawsQR tag before canceling the lost tag.
The Licensee is exclusively accountable for discontinuing the subscription associated with the old tag, including any associated charges. SafePawsQR will have a period of 30 days from the receipt of the Licensee's cancellation request to disable the lost tag and terminate the subscription for that particular tag.
Privacy and Data Protection
SafePawsQR tags are designed to exhibit your contact details and any other information stored within your pet's profile. While your personal information will not be sold, the Licensee agrees that all data stored in the pet profile may be shared with anyone who scans the QR code on the tag or taps the NFC chip using their mobile phone. In both scenarios, the pet profile containing the information provided during tag registration, which aids in the pet's safe return, will be shared with the individual accessing the tag.
Regrettably, the sharing of personal contact details is a necessary step to facilitate the successful return of a lost pet to its owner. The Licensee acknowledges that SafePawsQR's social media campaigns, employed to assist in locating lost pets, are intended to display your contact information, including but not limited to your phone number and email address. Additionally, these campaigns will feature helpful information to aid in identifying your pet. This information will be disseminated through social media advertisements to a broader audience, restricted but not limited to individuals located within or had frequented the vicinity specified by Licensee for where the lost pet was seen. SafePawsQR provides the social media companies with targeting data to be used when determining who the social media sites display the lost pet ads to, but Licensee acknowledges that the people that the ad campaigns are displayed to, are identified by the social media companies, not SafePawsQR.
The Licensee agrees not to hold SafePawsQR responsible for any circumstances related to the dissemination of this personal information.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
By submitting reviews or opinions to SafePawsQR L.L.C., the Licensee acknowledges and agrees that SafePawsQR L.L.C. reserves the right to edit, modify, or publish these reviews or opinions at its discretion. SafePawsQR L.L.C. may use these reviews or opinions in various forms, including but not limited to, marketing materials, website content, social media, or any other medium deemed appropriate by SafePawsQR L.L.C. The Licensee grants SafePawsQR L.L.C. a non-exclusive, worldwide, royalty-free, and perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display any reviews or opinions provided by the Licensee. SafePawsQR L.L.C. may exercise this license without any obligation to compensate the Licensee or seek further consent.
SafePawsQR L.L.C. will make reasonable efforts to ensure that any published reviews or opinions accurately represent the Licensee's feedback. However, SafePawsQR L.L.C. reserves the right to make editorial changes as necessary for clarity, length, or compliance with its content guidelines.
By sharing reviews or opinions with SafePawsQR L.L.C., the Licensee acknowledges and consents to the terms outlined in this contract entry, granting SafePawsQR L.L.C. the authority to edit and publish such content as described herein.
SafePaws Downtime
SafePawsQR L.L.C. strives to ensure a continuous supply of tags and online software services related to pet profiles. However, the Licensee acknowledges that SafePawsQR L.L.C. cannot be held accountable for situations beyond its immediate control. These circumstances may encompass, but are not limited to, natural disasters, pandemics, shortages of manufacturing materials, disruptions in logistics, and computer viruses impacting SafePawsQR's data servers.
Licensee Acknowledges SafePawsQr, on occasion, downtime is required to online services in order to upload software updates and test software intended to improve the quality and useability of the SagePawsQR programs. Licensee acknowledges this is expected and necessary and is not considered an interruption of service.
Support
SafePawsQR L.L.C. is not obliged to offer software support or provide updates to existing software unless it pertains to the maintenance of online pet profiles for customers who are currently enrolled and have made up-to-date subscription payments.
Termination
Upon termination, all licenses granted under this EULA will be promptly revoked, and your access to your pet profile, subscription services, discounts, and benefits will be suspended and/or terminated. You are obligated to cease all attempts to access the Subscription or Licensed Product, including any unauthorized access attempts. Accordingly, this EULA may be:
1. Automatic termination and/or temporary suspension in the event of non compliance by the Licensee with any or all of the terms and conditions outlined herein.
2. Termination at the discretion of SafePawsQR L.L.C.
3. Termination at the request of the Licensee.
SafePawsQR L.L.C. reserves the right to promptly end this EULA by providing written notice, which includes electronic mail as an option. The Licensee can terminate this EULA after fulfilling the minimum 12-month contract obligation. To request contract cancellation, written notice or electronic mail must be submitted at least 30 days before the Licensor terminates the contract obligations.
Non-Transferability
The Licensee has the option to transfer all rights granted by this Agreement, provided that the recipient agrees to abide by the terms of this EULA. Consequently, the Licensee cannot assign or transfer this EULA without obtaining prior written consent or consent via electronic email from SafePawsQR.
Notice
Any required approval, notice, termination request, or consent under this EULA must be communicated in writing or via electronic mail. Such communication is considered successfully delivered and acknowledged when sent via registered mail to the designated addresses or via electronic mail to the provided electronic addresses of the involved parties.
Integration
Both the Licensee and Licensor concur that this End-User License Agreement (EULA) constitutes the comprehensive and sole accord, legally recognizing the shared comprehension of both parties. This EULA takes precedence over and invalidates any prior written or verbal agreements and/or communications pertaining to the subject matter outlined herein.
Severability
Neither party's failure to promptly exercise any privilege, power, or rights granted under this EULA shall be considered a waiver of any of the terms and provisions within. Additionally, no partial or singular exercise of a right under this Agreement shall hinder further exercise of any other rights outlined in this EULA.
If a court of competent jurisdiction deems any of the provisions in this EULA to be unenforceable or partially invalid, such provision shall be restricted to the minimum extent necessary to preserve the full force and enforceability of this EULA. The remaining provisions of this Agreement shall remain fully enforceable and valid, separate from any unenforceable or invalid provisions.
Warranty and Disclaimer
SafePawsQR L.L.C., the creator of this Software, explicitly disavows any warranties related to SafePawsQR L.L.C. The Licensed Product, along with all relevant documentation, is provided in its current state without any warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a specific purpose, or non-infringement. Consequently, the Licensee assumes all risks associated with the utilization and performance of the SafePawsQR software. SafePawsQR pet tags come with a warranty that covers any issues related to their quality and craftsmanship for a period of 6 months. Replacement or reimbursement for such defects will be determined at the discretion of SafePawsQR L.L.C., but limited to the cost of the tag itself, not subscription services.
Limited Liability
The Licensee acknowledges that SafePawsQR L.L.C. will not be held liable for any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct, or indirect damages incurred, whether in contract, tort, warranty, or any other legal theory, even if SafePawsQR L.L.C. has been advised of the potential for such damages. These limitations shall apply regardless of the primary purpose of any limited remedy.
In no event shall SafePawsQR L.L.C.'s total liability to the Licensee or any other party claiming through the Licensee exceed the actual monetary amount paid by the Licensee to SafePawsQR L.L.C. for the Subscription or Licensed Product.
Indemnification
SafePawsQR's liability is capped at the cost of the tags' purchase. The Licensee consents to indemnify and absolve SafePawsQR from any claims that may arise due to the utilization of SafePawsQR tags.
By accepting this agreement, you consent to indemnify and protect SafePawsQR L.L.C. from any and all liabilities, damages, losses, or expenses, which may encompass reasonable attorney or other professional fees, stemming from any claim, demand, action, or proceeding brought forth by a third party against SafePawsQR L.L.C. This indemnification is related to your actions, including but not limited to violations of this EULA, any other agreements, or any relevant laws.
Entire Agreement
This Agreement accurately represents the complete agreement between SafePawsQR L.L.C. and the Licensee, encompassing all relevant parties. It prevails over all prior agreements between the parties, whether they were written or verbal, explicit or implicit, statements, conditions, representations, or warranties.
Governing Law and Jurisdiction
This EULA shall be interpreted in accordance with the laws of the United States, without considering conflicts of laws principles. Any legal proceedings related to this EULA shall exclusively occur in the United States courts, and all parties agree to submit to the jurisdiction of those courts. Additionally, the party that prevails in any action to enforce this EULA shall have the right to recover costs and expenses, which may include legal fees.
Consequently, this EULA is governed by the exclusive jurisdiction of the United States, and this jurisdiction takes precedence over any other jurisdiction chosen by either party.