Terms and Conditions (T&C)

APACHE LICENSE, VERSION 2.0

Article 1 - General scope and object of the agreement

The following terms and conditions (T&C) govern the relationship between you as a client and our company while interacting through our website https://pawtalk.goodbarber.app and/or on our application AI Dog-Chat.

Navigating and/or interacting on our website and/or application means that you expressly agree to these T&C without reserve or objection.

Our company has the right to modify or to adapt these T&C at any time and without prior notice. These T&C are directly applicable as soon as they are published on our website and/or application and/or sent to you by any means.

Please read these Terms and Conditions carefully before using, interacting or accessing our website and/or application.

By agreeing to these T&C you grant us that you have reached at least the legal majority in your country, state or province of residence. If you are a minor you grant us that you have all the rights and consent from your legal representatives to use our services. If you have not reached the legal majority then you must not use our Services.

You are not entitled to use our services, website and/or application for any illegal or unauthorized purposes.

You must not try to hack, alter the use or functions of our services, send viruses or lead or try to lead any other kind of attack towards our services. You must not try to attempt at our services' integrity either.

Article 2 - Content and Intellectual property

The content provided in our Services might be accessible for free or not. Some content might be required to be logged in or to have a valid paid subscription (IAP, restricted contents or sections).

If some content requires you to have an account or to be registered, please refer to the Article 4 « Registration Process » to know of to access our Services.

The contents of our Services are intended for personal, non-commercial use. All materials available on our Services are protected by copyrights and/or intellectual property rights.

In addition to that some content might be protected by some other rights such as, trademark, patents, trade secrets, database right, sui generis rights and other intellectual or proprietary rights.

The user of our Services is not allowed to reproduce totally or partially any content that is made available through our Services. The user will also not reproduce any of our logo, name, visual identity and so on, he will also not try to reproduce, copy or produce mere copy of our Services.

The user will not modify, copy, paste, translate, sell, exploit or transmit for free or not any of the content, text, photo, pictures, drawing, audio content, podcast or any content that is available on our Services.

Article 3 - Subscription and payment (duration, recurring payment, auto renewal) (KEEP ONLY IF YOU SET IN-APP PURCHASE EXTENSION)

Price

The applicable subscription fees are shown before concluding the ordering process.

Please check how the Apple Store and the Google Store handle tax management and prices.

Any changes in taxes will be directly applicable to the abonnements (IF APPLICABLE TO YOUR SITUATION).

Regarding fee changes or modification, our company reserves the right to change any fee or tariff at any time and without prior notice.

Payment and Fees

Available payment methods will be shown to the client upon subscription, electronic payment will be shown only if available.

Payment methods can vary.

All of your banking details, credit card details and other payment methods are encrypted and are never stored on our website and/or application. We use third-party solutions to process your payment.

We reserve the right to modify at any time any fees, if you do not agree with the price change you can stop using our Services at any time before renewal payment occurs.

In App Purchases (IAP) to access restricted content (articles, videos, blog, unlocking exclusive content or features)

If you have subscribed through a third party such as Google Play, Apple App Store or any other third party, these Terms and Conditions might not apply to you. In that case you contract for such products will be with the third party and not with our Company.

Our Company will not be liable for any claims related to purchases made through a third party, you must contact that third party directly.

Our Company will have no liability or responsibility regarding any issues or difficulties regarding IAP purchases as they are done through third-party platforms.

Restoring you subscription, digital contents or In App Purchases

If you have made In App Purchases (IAP) through a third party you might be able to restore your previous purchases that you have already made. This can be done using the link within our Application and/or website.

Article 4 - Registration process (KEEP ONLY IF YOU SET IN-APP PURCHASE OR AUTHENTICATION EXTENSION)

Our company might or might not require our client to first register to enable the client to access some part or the whole application and/or website. (CHANGE TO YOUR SITUATION)

Each registration is intended for one user only and you are prohibited from sharing your credentials or your account with anyone.

We may cancel or suspend your access to our Services if you share your credentials.

Please notify us immediately at (INSERT EMAIL ADDRESS) if you think that your credentials are compromised.

Registration

If registration is required to access our website and/or application then the client must first enroll itself by creating an account. To do so the client must fill in the registry form available on our website and/or application. The client will choose a login and a password linked to a valid email address.

By doing so the client agrees that he will keep his credential confidential, secure at all times and that he will not communicate them to any third-party.

Unlogged access can also be made on our website and application (CHECK IF AVAILABLE)

The client must keep its credential confidential at all times and must not share its credentials with anyone.

Our company will not be held liable or responsible for any unauthorized use, modification or access on the client’s account even if fraudulent access is made using the client’s account or banking details.

Signing In with third parties authentication, including but not limited to, « Sign-in with Apple », Facebook and Twitter authentication

These third-party services might be implemented within our application and/or website to help you sign-in alongside creating an account directly on our Services.

You can either choose to register an account directly via the embedded registry form within our application and/or website or you can use third-party authentication mechanisms.

These third-party providers are not linked with our company and hence you must check and read their privacy policies and other legally binding documents that rule their services.

By using third-party authentication mechanisms, you are allowing third-party applications and/or platforms to access some of your personal data, the relationship between you and the platform is outside any kind of control of our company.

By using third-party authentication mechanisms, these platforms or applications might, depending on how you configured your account on their website, post, access, send messages, access, transfer personal data or personal and use personal data according to their own privacy rules and terms and conditions. These are only examples of what a third-party platform can do when you have granted them access to your data.

If you are unsure about how your data is managed while using these authentication services you must not use them and you should use our embedded account registration.

https://www.google.com/intl/fr/about/company/user-consent-policy-help/

https://support.google.com/accounts/answer/10130420#siwg&zippy=%2Chow-it-works%2Chow-data-is-shared

Article 5 - Warranties

The content provided by our Services is provided to the user « as it is » and « as available », we cannot guarantee that the content provided will be exact, true, or error-free. The user accesses our content at its own risks.

We will not be held responsible if any content on our Services is inaccurate or mistaken.

Article 6 - Content moderation (chat, comments and others) and user generated content

If our user uploads, posts or submits any type of content on the Services you represent to us that you have all the necessary legal rights to upload, post or submit such content.

You shall not publish, distribute or upload any content that is, abusive, fake news, obscene, pornographic, illegal.

In addition to that you shall not try to impersonate anyone else or use a fake identity in order to use, access or publish any content on our Services.

You shall not use our Services to transmit any kind of malware, viruses, crypto lockers, ransomware or spyware.

Users will not threaten or verbally abuse other users nor will they spam the Services. User will use respectfully language, you will not try to abuse or discriminate based on race, religion, nationality, sexual gender or preference, age, disability and so on. Hate speech is prohibited.

Our Company has the right to delete, modify, censor and delete a client’s content or account if any of the rules above are violated. This will be done without any prior justification or notice. The client will not receive any compensation.

Article 7 - Liability

Our company will not be liable in case of network disruption, viruses, outside access, fraudulent use of payment methods or any other kind or type of technical issue or fraudulent access.

Article 8 - Third-Party links and external links

Some of the contents available on our website and/or application can include materials from third-parties and outside sources. Third-party links on our websites and/or applications can direct you to outside of our control websites that are not affiliated with us. We are not responsible nor liable for controlling or examining the content or accuracy of third-party websites or outside sources.

Hence we are not liable nor responsible for any damages or misuse while accessing third-party links or external links or sources on our website and/or application.

Please read carefully our privacy policy regarding how to deal with third-party privacy policy, terms and conditions and cookie policy.

Article 9 - Disclaimer of warranties

While using our website and/or application you grant us that we will not be held liable or responsible if data on our services is not accurate, true, complete or correct. The information and data given on our services is given as illustrational and informational only and must not be used for making decisions. Further advice and information must be sought before making any serious decision. You are using our services at your own risk.

Our company reserves the right to modify and/or delete any content on our services without prior notice, but our company has no obligation to update any content available on our services.

Also our company does not guarantee that the use of our services will be error-free, timely, secure or uninterrupted. The client agrees that we can remove services from time to time or add new ones without prior notice.

Our services are delivered and provided to clients « as is » and « as available » for use, without any warranties or conditions of any kind.

In no case our company’s staff, employees, personnel, agents, interns and so on, are not liable for any loss, claim, injury, any indirect or direct damage, incidental, punitive or special damages of any kind or type. This includes loss of profits, lots of revenues, lots of data or savings, whether based on tort law, contract, liability or otherwise.

Article 10 - Indemnification

You as a client of our company agree to indemnify, defend and hold us harmless from any claim or demand, this includes attorney’s fee made by any third-party due to your breach of these T&C or any other document that is binding between you and our company.

Article 11 - Severability

If any part, article or document of these T&C or of any other binding document between you and our company is determined by a competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed to be severed from these T&C such determination will not affect the validity and enforceability of any other remaining provisions.

Article 12 - Termination

All of the obligations and liabilities of the parties that occurred before the termination date shall survive the termination of this agreement.

These T&C are effective unless terminated either by our company or by the client.

The client can notify our company that he no longer wants to use our services or he can simply stop using and/or access our services, websites and/or application.

Our company can terminate this agreement at its sole discretion at any time and without prior notice, the client will hence remain liable for any remaining amounts due to our company.

Article 13 - Governing Law and Venue

Any issue arising from these T&C regarding, but not limited to, their validity, interpretation, execution, consequences and so on will be pleaded in front of the relevant jurisdiction.

The relevant jurisdiction is

Article 14 - Contact information

If you have any question regarding these Terms and Conditions you can contact us directly at:info@lweb.ch

Cancellation and refunds

If our User cancels his subscription, the cancellation will only occur for future charges associated with that subscription. You can notify us of your cancellation at any time and this cancellation will occur at the end of your current billing period.

You will not receive a refund for the current billing cycle, users will continue to have the same access and benefits of your products for the remainder of the current billing period.

You might be able to get a partial or a full refund depending on where you live and based on the applicable legislation and regulation.

Our Company reserves the right to issue refunds or credits at our sole discretion.

If IAP are made within our Services you must check the Store Terms and Conditions on how to manage and get your refund or cancellation. You can check their condition at https://support.apple.com/en-ph/HT204084 for Apple or at https://support.google.com/googleplay/answer/2479637?hl=en for Google.

LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application 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. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

https://www.apple.com/legal/internet-services/itunes/dev/stdeula/