Calm Tails Terms & Conditions

These Terms & Conditions (the "Terms") constitute a legally binding agreement between you and Calm Tails ("Calm Tails," "we," "us," or "our") governing your access to and use of the Calm Tails mobile application, related websites, generated reports, and any associated services, features, content, or tools (collectively, the "Service"). By installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Eligibility and Authority

You represent and warrant that you are of the age of majority in your jurisdiction, or otherwise have the legal capacity to enter into binding agreements, and that your use of the Service does not violate any applicable law, regulation, contractual obligation, or third-party right. If you access or use the Service on behalf of an organization, you represent and warrant that you have authority to bind such organization to these Terms.

2. Service Purpose and Scope

Calm Tails is intended as a consumer productivity tool for recording dog-related events, routines, and observations and for generating summaries or reports from user-provided data. The Service is designed to assist with organization and historical recordkeeping; it is not designed, marketed, or licensed as a regulated health, veterinary, diagnostic, monitoring, or emergency response system.

3. No Veterinary, Medical, or Emergency Advice

The Service is provided strictly for informational and organizational purposes. No output, report, trend, notification, recommendation, AI-generated response, or other content made available through the Service constitutes veterinary, medical, behavioral, nutritional, legal, financial, or other professional advice. You are solely responsible for obtaining advice from licensed professionals appropriate to your circumstances. In an emergency involving an animal, contact a licensed veterinarian or emergency provider immediately; do not rely on the Service.

4. Accounts, Credentials, and Security

Certain versions of the Service may be used without account creation, while other versions may require authentication. You are responsible for safeguarding authentication credentials, maintaining confidentiality of device access, and promptly notifying us of suspected unauthorized access. You accept responsibility for all activities occurring under your credentials or on devices under your control, except where prohibited by applicable law.

5. Acceptable Use and Conduct Restrictions

You agree to use the Service only for lawful purposes and in compliance with these Terms. Without limitation, you agree not to:

• Use the Service in any manner that is unlawful, abusive, deceptive, fraudulent, defamatory, harassing, invasive of privacy, or otherwise objectionable.
• Interfere with, disrupt, damage, disable, overburden, or compromise the integrity, performance, availability, or security of the Service.
• Attempt to probe, scan, reverse engineer, decompile, disassemble, or otherwise derive source code, algorithms, or non-public components of the Service except to the extent expressly permitted by non-waivable law.
• Upload or transmit malware, malicious scripts, harmful code, or content intended to compromise systems, data, or users.
• Use automated means (including bots, scrapers, and scripts) to access or extract data from the Service in a manner not expressly authorized.
• Infringe or misappropriate third-party rights, including intellectual property, confidentiality, or publicity rights.

6. User Content, Ownership, and License

As between you and us, you retain ownership of content you submit or generate through the Service, including logs, notes, attachments, and reports ("User Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, process, reproduce, adapt, transmit, and display User Content solely as necessary to operate, secure, maintain, improve, and provide the Service to you. You represent and warrant that you have all rights necessary to submit User Content and grant the foregoing license.

7. AI-Assisted Features and Automated Output

The Service may include AI-assisted or automated features now or in the future. AI outputs may be incomplete, inaccurate, stale, or inappropriate for your specific context and must be independently reviewed by you before reliance or external use. You assume full responsibility for your use of AI-generated outputs and for any decisions made based on such outputs.

8. Paid Features, Subscriptions, and Billing

We may introduce paid features, subscription plans, premium functionality, usage caps, or in-app purchases at any time. Where applicable, pricing, billing cadence, trial terms, renewal mechanics, taxes, cancellation rights, and refund terms will be disclosed before purchase and may be administered through third-party app marketplace providers. Your use of paid offerings is additionally subject to applicable marketplace terms and payment processor terms.

9. Third-Party Services and Integrations

The Service may interoperate with third-party platforms, analytics tools, crash reporting systems, device operating systems, storage providers, and distribution platforms. We do not control third-party services and are not responsible for their availability, security, functionality, or legal compliance. Your use of third-party services is governed by those providers' terms and privacy policies.

10. Intellectual Property Rights

Except for User Content, all rights, title, and interest in and to the Service, including software, design, visual interfaces, documentation, trademarks, logos, and underlying technology, are and remain the exclusive property of Calm Tails and/or its licensors. No rights are granted to you except the limited, revocable, non-transferable, non-sublicensable license to use the Service in accordance with these Terms.

11. Disclaimers; Service Provided "AS IS" and "AS AVAILABLE"

To the maximum extent permitted by law, the Service is provided on an "AS IS" and "AS AVAILABLE" basis, with all faults and without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, non-infringement, accuracy, and uninterrupted availability. We do not warrant that the Service will be error-free, secure, continuously available, or free from harmful components.

12. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Calm Tails, its operator, affiliates, licensors, service providers, or representatives be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or service interruption, arising out of or related to the Service, whether based in contract, tort (including negligence), strict liability, statute, or any other theory, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our aggregate liability for all claims arising out of or relating to the Service shall not exceed the greater of (a) CAD $100 and (b) amounts you paid to us for the Service during the twelve (12) months preceding the event giving rise to liability.

13. Indemnification

You agree to defend, indemnify, and hold harmless Calm Tails, its operator, affiliates, licensors, and service providers from and against all claims, liabilities, losses, damages, judgments, awards, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or related to (a) your use or misuse of the Service, (b) your User Content, (c) your breach of these Terms, or (d) your violation of applicable law or third-party rights.

14. Suspension, Termination, and Survival

We may suspend, limit, or terminate your access to all or part of the Service at any time, with or without notice, including where we reasonably believe you violated these Terms, created risk, or where continuation is no longer commercially or legally feasible. Upon termination, rights granted to you under these Terms cease immediately, except those provisions that by their nature should survive, including ownership, disclaimers, limitations of liability, indemnity, governing law, venue, and dispute-related provisions.

15. Export Controls and Legal Compliance

You shall not use, export, re-export, transfer, or make available the Service in violation of applicable export control, sanctions, or trade compliance laws. You are solely responsible for compliance with local laws applicable to your jurisdiction and use case.

16. Governing Law and Exclusive Venue

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Service are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to conflict-of-law principles. Subject to mandatory consumer protection law, the parties irrevocably submit to the exclusive jurisdiction of the courts located in Alberta, Canada.

17. General Provisions

• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
• Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
• No Waiver: Our failure to enforce any provision shall not constitute a waiver of future enforcement of that or any other provision.
• Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service, superseding prior or contemporaneous understandings on the same subject matter.
• Force Majeure: We are not liable for delay or failure to perform resulting from causes beyond our reasonable control, including outages, platform failures, natural disasters, labor disputes, and governmental actions.

18. Changes to Terms

We may modify these Terms from time to time. Material changes will be effective when posted unless otherwise specified. The "Last updated" date indicates the most recent revision date. Your continued use of the Service after revised Terms become effective constitutes acceptance of those revised Terms.

19. Contact

For legal questions regarding these Terms, contact: [email protected].