Terms of Use

Introduction

Welcome to the Daisy application and any other websites (including daisypet.ai), products or services owned or operated by Daisy Pet, Inc. (“Company” or “Daisy” or “Daisy Pet” or “we” or “us” or “our”) (collectively, the “Daisy Service”). To access the Daisy Service, you must at all times agree to and abide by these terms of use, including any additional guidelines, and any future modifications (collectively, these “Terms”).

Authorized Users

Your access to and use of Daisy Service is subject to all applicable international, national, federal, state and local laws and regulations. You represent and warrant that you will not use Daisy Service in any manner or for any purposes that are unlawful or prohibited by these Terms. The Daisy Service is not for persons under the age of 18. If you are under 18 years of age, then please do not use Daisy Service.

Specific Features and Services

When using the Daisy Service, you may be subject to additional posted guidelines or terms and conditions applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms. In addition, your use of the Daisy Service is governed by the Daisy privacy policy available at https://daisypet.ai/privacy (the “Privacy Policy”), which is hereby incorporated by reference.

Changes

Daisy may revise these Terms from time to time. Although Daisy may include a notice on the home page of Daisy Service that the Terms has been modified, such notice may not remain in place for any extended period of time. Accordingly, you should review the Terms as posted on Daisy Service from time to time. Use of the Daisy Service after any revised Terms has been posted will constitute your acceptance of the revised Terms.

Limited License

Subject to the terms and conditions of these Terms, Daisy hereby grants you a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to use the Daisy Services (and all updates or upgrades provided) solely for private, non-commercial purposes in accordance with these Terms.

Ownership; Proprietary Rights

The Daisy Service is owned and operated by Daisy. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, algorithms, services, and all other elements of the Daisy Service that are provided by Daisy (“Daisy Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

Restrictions

As a condition of your use of the Daisy Service, you will not use Daisy Service for any purpose that is unlawful or prohibited by these Terms. Access to Daisy Materials and the Daisy Service from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, regulations and policies, including, without limitation, rules about intellectual property rights, the internet, technology, data, email, and/or privacy.

Your Content

Prohibited Content

You shall not use the Daisy Service to create, upload, download, copy, publish or propagate any images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines social stability; (e) contains obscenity, pornography, gambling, violence, or terror; or (f) infringes the lawful rights and interests of any third party.

License to Your Content

You hereby grant Daisy a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, perpetual, sublicensable (through multiple tiers), fully transferable license to use, distribute, reproduce, create derivative works from, publish, translate, publicly perform and publicly display any Content that you upload or publish to the Daisy Services (collectively, “Your Content”), in any format or medium now known or later developed for any purpose.

Representation and Warranty

You represent, warrant and covenant that at all times: (i) Your Content does not infringe any third party’s intellectual property, right of reputation, right of name, right of privacy, moral rights and other lawful rights and interests; (ii) you own or have the necessary licenses, rights, consents and permissions for your use of Your Content in connection with the Daisy Services and Daisy’s use of Your Content pursuant to the license above.

Identity Authentication

Daisy uses many techniques to identify you when you register for and/or access, browse, use or subscribe to the Daisy Service. This verification is only an indication of increased likelihood that your identity is correct. You authorize Daisy, directly or through third parties, to make any inquiries Daisy considers necessary to validate your registration.

User Account Information

You agree that the information you provide to Daisy upon registration and at all other times will be true, accurate, current, and complete. You also agree to keep this information accurate and up-to-date at all times. When you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account.

Communications; Notice

Under these Terms, you consent to receive communications from Daisy electronically. We will communicate with you by email or by posting notices on the Daisy Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Except as explicitly stated otherwise, legal notices shall be served on Daisy’s national registered agent or at the contact address below.

Feedback

You may, but are not required to, provide suggestions, comments, ideas, or know-how, in any form, to Daisy related to the Daisy Services (“Feedback”). Any Feedback shall not be considered your confidential information and may be used by Daisy for any purpose. There shall be no obligation to provide compensation for use of Feedback.

Third Party Sites

The Daisy Service may include links to other websites or services solely as a convenience to users (“Linked Sites”). Daisy does not endorse any Linked Sites or the information, material, products or services contained on Linked Sites or accessible through Linked Sites. Furthermore, Daisy makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites is at your own risk.

User Content

You acknowledge and agree that: (a) Content is provided to you AS IS and that Daisy is not responsible for examining or evaluating Content created, uploaded, published or propagated or otherwise made available by end users through the Daisy Services (“User Content”); (b) Daisy does not guarantee accuracy of any User Content or that such User Content will continue to be available; and (c) by using the Daisy Services, you may encounter User Content that you deem offensive, indecent, or objectionable.

Termination

You agree that Daisy, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Daisy. In addition, Daisy reserves the right to discontinue any aspect of the Daisy Service at any time, including the right to discontinue the display of any licensed content, linked or embedded content, Your Content or third party content, either generally or in specific cases. For the avoidance of doubt, Daisy shall in no event be liable to you or any third party for any such termination or discontinuance.

Disclaimers; No Warranties

Without limiting any other provision of this section and in addition to all other provisions of this section, to the fullest extent permitted by applicable law, Daisy expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade.

Indemnification

You agree to indemnify and hold Daisy, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Daisy Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Daisy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Daisy or its affiliates, contractors, employees, agents, or third party partners or suppliers, be liable to you for any special, indirect, incidental, consequential, or exemplary damages that result from your use or the inability to use Daisy Materials on the Daisy Service, the Daisy Service itself, or any other interactions with Daisy, even if Daisy or a Daisy authorized representative has been advised of the possibility of such damages.

Disputes and Arbitration

Disputes

For all disputes arising out of or relating in any way to the Daisy Service, you must first send a written description of your claim to Daisy Pet, Inc. to allow us an opportunity to resolve the dispute. You and Daisy Pet, Inc. each agree to negotiate your claim in good faith. If we still cannot resolve the dispute, you may request arbitration if your claim or dispute cannot be resolved within 60 days. Please read this section carefully. It affects your legal rights.

Governing Law

By using the Daisy Service, you agree that the statutes and laws of the United States, without regard to conflicts of laws principles, will apply to all matters relating to use of the Daisy Service. If we are unable to commence arbitration, you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Saint Paul, Minnesota and shall be subject to the laws of Minnesota without giving effect to any principles of conflicts of law.

Arbitration Procedures

Any dispute, controversy or claim arising in any way out of or in connection with the Terms (including, without limitation: (1) any contractual, pre-contractual or non-contractual rights, obligations or liabilities; and (2) any issue as to the existence, validity or termination of the Terms) shall be referred to and finally resolved by binding arbitration administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with its International Arbitration Rules.

The arbitration tribunal (“Tribunal”) shall consist of three (3) arbitrators. The claimant shall designate one (1) arbitrator. The respondent shall designate one (1) arbitrator. The two arbitrators thus appointed shall designate the third arbitrator who shall be the presiding arbitrator. If within fourteen (14) days of a request from the other party to do so a party fails to designate an arbitrator, or if the two arbitrators fail to designate the third arbitrator within fourteen (14) days, the ICDR shall make the appointment.

The seat of the arbitration shall be Saint Paul, Minnesota, U.S.A. The language of the arbitration shall be English. This arbitration clause shall be governed by the laws of the United States, including the Federal Arbitration Act, and to the extent not inconsistent therewith, the laws of the State of Minnesota (United States).

Any award of the Tribunal shall be made in writing and shall be final and binding on the parties from the day it is made. The parties undertake to carry out the award without delay. The arbitrator or arbitrators shall be empowered to award only those damages which are permitted by the Terms, subject to any disclaimers of damages and liability limits set forth in the Terms, but the arbitrator or arbitrators shall not have the authority to reform, modify or materially change the Terms. The award rendered by the arbitrator(s) shall include costs of the arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses. Judgment on the award may be entered in any court having jurisdiction.

The parties agree that the arbitrator(s) shall have the authority to issue interim orders for provisional relief, including, but not limited to, orders for injunctive relief, attachment or other provisional remedy, as necessary to protect either party’s name, proprietary information, trade secrets, know-how or any other proprietary right. Nothing in the Terms shall be deemed as preventing either party from seeking provisional relief from any court of competent jurisdiction.

Miscellaneous

Waiver

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

Severability

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Assignment

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Daisy without restriction.

Survival

Sections 6, 8(b), 10, 11, 13, 16, 17, 18, 19, and 20 will survive any termination of these Terms.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

These Terms are the entire agreement between you and Daisy relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Daisy as set forth in the “Changes” section.

Claims

You and Daisy agree that any cause of action arising out of or related to the Daisy Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

End-User Terms Required by Apple

If you have downloaded the Daisy Services mobile application (the “App”) from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Daisy only, not with Apple, and Apple is not responsible for the Daisy Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.

Queries

You may contact us at the address below with any questions, complaints or claims regarding the Daisy Services:

Daisy Pet, Inc.
1434 Pleasant Ave. Saint Paul, MN 55116 USA
Email: team@daisypet.ai

DMCA/Copyright

If you believe that anything on the Daisy Services infringes a copyright that you own or control, you may file a notice with our designated agent:

Daisy Pet, Inc.
Email: team@daisypet.ai

If you file a notice with our designated agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must: (i) contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) identify the copyrighted work claimed to have been infringed; (iii) identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material; (iv) provide your contact information, including your address, telephone number, and an email address; (v) provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.