Draft. These terms are based on common app terms and are being reviewed by our lawyers. They will be finalized before Fluffy launches.
These Terms of Service (“Terms”) are an agreement between you and Pawlo Technologies Inc., a Delaware corporation (“Pawlo”, “we”, “us”), for the Fluffy app, the Fluffy collar and pawlotech.com (together, the “Services”). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you don’t agree, don’t use the Services.
Section 15 contains an arbitration agreement and class action waiver that affect how disputes are resolved. Please read it.
1. Who can use Fluffy
You must be at least 13 years old, and old enough to form a binding contract where you live. If you are under 18, a parent or guardian must agree to these Terms for you. You can’t use the Services if the law forbids it or if we closed your account before.
2. Your account
You sign in with a code sent to your email, or with Apple or Google. Keep access to that email or account secure, because anyone who can use it can use your Fluffy account. You’re responsible for what happens on your account. Tell us right away if you think someone else is using it.
3. Using the app
We give you a personal, non-exclusive, non-transferable, revocable license to use the Fluffy app on Apple devices you own or control, for your own non-commercial use, under these Terms and the App Store’s usage rules.
4. Your content
“Your content” means the photos, images, sound clips, text and other material you add to the Services. You keep ownership of it. You give Pawlo a worldwide, royalty-free license to host, store, copy, process, modify and display your content only to run and improve the Services for you, including sending it to AI processing providers as described in How we use AI. This license ends when you delete the content or your account, except for copies we must keep by law or that remain in backups for a limited time.
You promise that you have the rights to your content, that it shows your own pet, and that it doesn’t break the law or anyone’s rights.
5. AI creations
Fluffy uses AI to create looks, photos, outfit previews, scenes and the lines your pet “says” (“Creations”). As between you and Pawlo, you own your Creations, to the extent the law allows, and you may use them for personal purposes such as sharing with friends or on social media. AI results can be wrong, odd or similar to what others receive, so we can’t promise that a Creation is unique.
Lines your Fluffy “says” are for entertainment only. They are not a translation of your pet’s sounds and don’t describe your pet’s health, needs or feelings.
6. Credits and subscriptions
- Some Creations cost credits. The app always shows the price before you confirm. Uploading photos is free, and your first Fluffy is free.
- If a Creation fails, you get one free retry. After that, retries cost the usual price.
- You buy credits and subscriptions through Apple. Apple handles payment, billing and refunds under its own terms. Subscriptions renew automatically until you cancel in your Apple account settings at least 24 hours before the renewal date.
- Credits are a limited license to use features in the app. They have no cash value, can’t be sold, transferred or exchanged for money, and are forfeited when your account is deleted or closed.
- We may change prices or credit amounts. Changes won’t affect credits you already bought.
7. The Fluffy collar
The collar shows your pet’s approximate location and activity. It depends on GPS, cellular or wireless coverage, battery and settings, and may be delayed, inaccurate or unavailable. The collar is not a medical device or a safety device, and doesn’t replace supervision or a veterinarian. Don’t rely on it in an emergency. Make sure the collar fits your pet comfortably and check it regularly. Purchase, shipping, returns and the hardware warranty are covered by the terms shown at checkout.
8. Rules for using the Services
You agree not to:
- upload content that is illegal, harmful, hateful, sexual, violent, or that shows people without their permission;
- upload content that infringes someone else’s copyright, trademark, privacy or other rights;
- use the Services to track a person, or put the collar on anything other than a pet;
- copy, modify, reverse engineer or resell the Services, except where the law allows it;
- break or get around security, rate limits or payment, or access the Services with bots or scrapers;
- use the Services to build a competing product or to train AI models.
We may remove content or suspend accounts that break these rules.
9. Our rights
The Services, including the app, designs, characters, artwork, software and the Fluffy and Pawlo names and logos, belong to Pawlo and its licensors and are protected by law. These Terms don’t give you any rights in them except the license in section 3. If you send us feedback or ideas, we may use them without paying you.
10. Third-party services
The Services work with services from others, such as Apple, Google and map providers. Their terms and privacy policies apply to your use of them, and we aren’t responsible for them.
11. Apple App Store
If you got the app from the App Store: these Terms are between you and Pawlo, not Apple. Apple has no obligation to provide maintenance or support for the app. If the app fails to meet a warranty, you may notify Apple and Apple will refund the purchase price of the app, if any; Apple has no other warranty obligation. Pawlo, not Apple, is responsible for handling any claims about the app, including product liability, legal compliance, consumer protection and intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You confirm you are not in a country under a U.S. government embargo and are not on a U.S. government list of prohibited parties.
12. Ending your use
You can stop using the Services and delete your account at any time in the app. We may suspend or end your access if you break these Terms, if the law requires it, or if we stop offering the Services. If we stop offering the Services, we’ll give reasonable notice when we can. Sections that by their nature should survive (such as 4, 5, 9 and 13 to 17) survive.
13. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT THE LAW ALLOWS, PAWLO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON’T PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR ACCURATE, INCLUDING LOCATION, ACTIVITY AND AI RESULTS.
14. Limitation of liability
TO THE EXTENT THE LAW ALLOWS, PAWLO WON’T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, OR FOR LOSS OF OR HARM TO A PET, ARISING FROM THE SERVICES. PAWLO’S TOTAL LIABILITY FOR ALL CLAIMS IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID PAWLO IN THE 12 MONTHS BEFORE THE CLAIM, OR US $100. Some places don’t allow these limits, so they may not apply to you.
15. Disputes and arbitration
Please email us first; most problems can be solved quickly. If we can’t resolve a dispute within 60 days, you and Pawlo agree to resolve it by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, instead of in court, except that either of us may bring an individual claim in small claims court, or ask a court to stop infringement of intellectual property. You and Pawlo waive the right to a jury trial and to take part in a class action or class arbitration. You can opt out of this section by emailing us within 30 days of first accepting these Terms.
16. Governing law
These Terms are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict-of-law rules. Where a court case is allowed, it will be brought in the state or federal courts located in Delaware, unless the law where you live requires otherwise.
17. Indemnity
To the extent the law allows, you agree to defend and indemnify Pawlo against claims, losses and costs (including reasonable legal fees) arising from your content or your breach of these Terms.
18. Changes to these Terms
We may update these Terms. If the changes are important, we’ll tell you in the app or by email at least 14 days before they take effect. If you keep using the Services after that, you accept the new Terms.
19. Other terms
These Terms and the Privacy Policy are the whole agreement between you and Pawlo about the Services. If part of these Terms can’t be enforced, the rest still applies. If we don’t enforce a right, we haven’t waived it. You can’t transfer these Terms; we may transfer them as part of a merger or sale.
20. Contact us
Pawlo Technologies Inc.
admin@pawlotech.com