<p>Terms
and Conditions</p>
<p>Last Modified: .
October 15, 2020  .
</p>
<p>These Terms and Conditions (“Terms” or "Agreement") constitute
a legal agreement between you and Tomofun Co.
Ltd.
and its subsidiaries and
affiliated companies (collectively, "Tomofun" or “we” or “us” or
“our”), the owner, operator and developer of the Furbo website available at
www.Furbo.com and all associated sites linked to www.Furbo.com (the “Sites”),
any mobile applications that may be downloaded on your device to access our
services (the “Mobile Apps”), any Furbo hardware products (the “Hardware
Products”), and software, or other digital goods and services (“Subscription Services”).
The term “Services” or “Tomofun Services” will collectively refer to the
Tomofun Sites, Mobile Apps, Hardware Products and Subscription Services</p>
<p>IF YOU RESIDE WITHIN THE UNITED STATES OF AMERICA OR CANADA,
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND WAIVER OF CLASS ACTION AND
JURY RIGHTS.
PLEASE SEE THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT FOR
MORE INFORMATION AND OPT-OUT INSTRUCTIONS.</p>
<ol>
<li>
<b>Acceptance</b>
</li>
</ol>
<p>Please read this Agreement carefully before accessing, using or
registering for the Services.
Any person or entity accessing, using, or
registering for any Services provided by Tomofun (“Customer” or “you”) agrees
to be bound or to bind the entity they represent by the terms set forth in this
Agreement.
All rights not expressly granted herein are reserved by Tomofun.
You
represent and warrant that you have the right, authority and capacity to accept
and agree to this Agreement on behalf of yourself or the entity that you
represent.
</p>
<p>Your use, access or registration to the Services is also
governed by our Privacy Policy, incorporated herein by reference.
Please review
the Privacy Policy to understand how we collect, use, disclose and protect your
personal information. </p>
<p>IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT ACCESS, USE, OR
REGISTER FOR ANY SERVICES.
</p>
<ol>
<li>
<b>Changes to this Agreement and Services</b>
</li>
</ol>
<p>Subject to the applicable law, Tomofun reserves the right to
change or modify this Agreement at any time by updating this page.
If we make a
material change to this Agreement, we will provide you with notice on our Services
or to the email address we have on file.
By continuing to use the Service after
those changes become effective, you agree to be bound by the revised Agreement.
To find out when we last updated this Agreement, please refer to the date
listed after “Last Modified” at the top of this Agreement.</p>
<p>You understand that we are always improving and working on our
Services, which means our Services may change over time.
We may modify, suspend
or discontinue any part of the Services, or introduce new features or
restrictions on the part or all of the Services.
We also reserve the right to
remove any Content (defined below), features, or pages for any reason, in our
sole discretion, and without notice to you.
You agree that we are not liable to
you or any third party for any modification, suspension or discontinuance of
the Services or any part thereof.
</p>
<ol>
<li>
<b>NOT AN EMERGENCY SERVICE</b>
</li>
</ol>
<p>TOMOFUN SERVICES <b>
<u>DO NOT</u>
</b> PROVIDE ANY OTHER
EMERGENCY SERVICES.
IF YOU ARE EXPERIENCING AN EMERGENCY, IMMEDIATELY CONTACT
911 IF YOU ARE IN THE UNITED STATES, 999 IF YOU ARE IN THE UNITED KINGDOM, 112
IF YOU ARE IN AUSTRALIA, 000 IF YOU ARE IN GERMANY, THE POLICE DEPARTMENT, FIRE
DEPARTMENT, NEAREST HOSPITAL OR OTHER EMERGENCY SERVICE.
PLEASE DO NOT CONTACT
TOMOFUN’S CUSTOMER SERVICE OR CUSTOMER CARE TEAM FOR ANY EMERGENCIES.
</p>
<p>You agree and understand that Tomofun’s Services are not an
emergency service, dispatch center, or other emergency-type service.
We cannot
assist you with any emergencies you or someone else may be experiencing while
using our Services.
Our Service is intended to be accessed and used for
non-time-critical information and non-emergency purposes.
</p>
<ol>
<li>
<b>Account Eligibility</b>
</li>
</ol>
<p>We are excited to have you become a Customer! When you register
for an account with our Services, you become the “Account Owner.” As an Account
Owner, you can authorize other individuals to access your account (the “Authorized
Users”).
</p>
<p>You should only invite individuals you trust to become
Authorized Users because Authorized Users have access to the personal
information available in your account (e.g., account profile, video history
settings, and more) and they can also modify or change your account information
and settings (such as turning your camera on or off, or modifying your Smart
Dog Alerts or notifications).
In addition, Authorized Users can invite or
enable other Authorized Users to access and use your account.
Tomofun does not
take any responsibility for the actions of Authorized Users.</p>
<p>To be eligible to access, use or register with our Services, you represent
and warrant:</p>
<p>·  .
You have legal capacity to form a binding contract with Tomofun.
</p>
<p>·  .
You are 18
years or older.
Authorized Users of the account under the age of 18 must have
parental or legal guardian consent to access and use the Services and can only
use the Services under the supervision of their parent or legal guardian;</p>
<p>·  .
As an Account
Owner, you agree to be fully responsible for all actions taken on your account,
including any actions taken by Authorized Users;</p>
<p>·  .
You will provide
us with information that is accurate, complete, and current at all times.
</p>
<p>·  .
You will be
responsible for safeguarding the password that you use to access the Service
and for any activities or actions under your password, whether your password is
with our Service or a third-party service.
</p>
<p>·  .
You will notify
us immediately upon becoming aware of any breach of security or unauthorized
use of your account.
</p>
<p>·  .
Your use and
access of the Services will not violate any applicable laws or regulations,
such as embargoes or export control laws and regulations.
</p>
<p>·  .
You understand
and acknowledge that the sole purpose of our Service is to observe and record
pets and in no event human behavior.
You will not use our Service to spy on,
observe or monitor the behavior of other people nor will you make audio or
video recordings for this purpose.
and,</p>
<p>·  .
You will not use as a username the name of another person or
entity that you do not have the right to use, or the name of a person or entity
with the intent to impersonate that person or entity.</p>
<p>Tomofun is not liable for any loss or damage arising or
resulting from your failure or the failure of your Authorized Users to comply
with the above requirements.
In addition, failure to meet any of the
eligibility requirements listed above constitutes a breach of this Agreement,
which may result in immediate termination of your account on our Service.</p>
<ol>
<li>
<b>Legal Restrictions on Access and Use of the Services</b>
</li>
</ol>
<p>While the Tomofun Services are intended for your personal
enjoyment and household use, there may be laws or regulations where you live
that impose certain responsibilities on you and your use of our Services.
For
instance, there may be data protection and security laws that apply to your use
of the Services.
As an Account Owner or Authorized User, you control the data
you collect via our Services.
</p>
<p>You agree that it is not Tomofun’s responsibility to ensure your
use of the Services comply with applicable laws, including, but not limited to:
</p>
<p>i.  .
Any applicable
laws or regulations relating to the recording or disclosure of photographs,
video and/or audio recordings, including any specific laws relating to use of
our Services in the workplace, in public, or in private places that are not
your home.
and/or</p>
<p>ii.  .
Any laws or regulations requiring you to provide notice to
and/or obtain consent from individuals with respect to your use of the
Services.
</p>
<p>If your use or access of our Services does not comply with
applicable laws, you are prohibited from using or accessing our Services.
We
may terminate or suspend your use or access to our Services, in our sole
discretion, for any reason, at any time, and without notice.
We have the sole
right to determine whether you are in breach of any terms contained in this
Agreement.
</p>
<ol>
<li>
<b>Acceptable Use </b>
</li>
</ol>
<p>All right, title and interest in the Services and Content provided
through the Services are owned by Tomofun, its licensors, or designated third
parties.
We provide you with a limited, non-transferable, non-exclusive right
(without the right to sub-license) to access and use the Services for your
personal, non-commercial use.
</p>
<p>The rights granted to you in this Agreement are subject to the
following restrictions:</p>
<p>i.  .
You may not
violate any laws, regulations, guidelines or ordinances, including data
protection laws, export control laws, or any other laws referenced above.
</p>
<p>ii.  .
You will not license,
sell, rent, lease, transfer, assign, distribute, host or otherwise commercially
exploit the Services;</p>
<p>iii.  .
You will not
attempt to obtain the password, account or other security information from any
other Account Owner or Authorized User on our Services;</p>
<p>iv.  .
You will not
compromise the security of your account or any other account on the Tomofun
Services;</p>
<p>v.  .
You will not
engage in conduct that is harmful, deceptive, threatening, harassing, vulgar,
defamatory, obscene, fraudulent or otherwise objectionable or questionable;</p>
<p>vi.  .
You will not
interfere with, disrupt, violate or attempt to gain unauthorized access to any
computer network or servers connected to the Services or violate the
regulations, policies or procedures of such networks.
</p>
<p>vii. .
You will not copy, store,
reproduce, distribute, republish, download, display, post or transmit any part
of the Services or Content provided via our Services, except as permitted by
Tomofun in writing;</p>
<p>viii.
You will not infringe or
violate the intellectual property rights or any other rights of another person
or entity, including Tomofun;</p>
<p>ix.  .
You will not
engage in conduct that may result in “spam” or any form of auto-responder on
the Services, or processes that run or activate while you are not logged into
the Services;</p>
<p>x.  .
You will not
modify, make derivative works of, disassemble, reverse-compile or
reverse-engineer any part of the Services;</p>
<p>xi.  .
You will not
access or use the Services for purposes of building a competitive or similar
product or service;</p>
<p>xii. .
You will not upload,
transmit or distribute any computer viruses, worms or any software intended to
damage or alter a computer or communications network, computer, handled mobile
device, data, the Services, or any other system, device or property;</p>
<p>xiii.
You will not interfere
with the proper working of the Services, including any unreasonable load on the
Services’ infrastructure.
</p>
<p>xiv.You will only
access or attempt to access the Services through the methods or means provided
by Tomofun;</p>
<p>xv. .
You will not remove,
obscure or modify any proprietary rights notices (including copyrights and
trademark notices) that may be provided by or in connection with the Services.
and/or,</p>
<p>xvi.You will not
“crawl,” “scrape” or use “spiders” on any page, data, or portion of or relating
to the Services, whether by automated or manual means.
</p>
<p>Your failure to abide by the foregoing may result in the
termination or suspension of your use or access to our Services, in our sole
discretion, for any reason, at any time, and without notice.
Subject to the
applicable law, we may have the sole right to determine whether you are in
breach of any terms contained in this Agreement.
</p>
<ol>
<li>
<b>Content</b>
</li>
</ol>
<p>Our Service may allow you to publicly share and otherwise make
available certain information, graphics, videos, or other material
("Content"), including, without limitation, Content captured through
or in connection with your use of the Services.
Such Content may also include
location information or other metadata.
You are solely responsible for the
Content that you publicly upload, transmit, share or otherwise disseminate on
and through the Services, including its legality, reliability, and
appropriateness.
Tomofun reserves the right, but is not obligated, to remove
any Content from the Services at any time in its sole discretion.</p>
<p>You hereby agree you will not use, reproduce, modify, upload,
publish, transmit, distribute, display, or otherwise exploit for any purposes
whatsoever any Content that (i) is not owned by you without the express prior
written permission of the respective owners of the Content, and (ii) in any way
that violates any third party right(s) in the Content.
</p>
<p>Furthermore, you represent and warrant that: </p>
<p>i.  .
You own the intellectual
property rights in the Content used by you or otherwise have the right to use the
Content;</p>
<p>ii.  .
You grant us
the license to your Content as set forth below.
and,</p>
<p>iii.  .
The posting or
dissemination of your Content on or through the Service does not violate the
privacy rights, publicity rights, copyrights, intellectual property rights,
contract rights or any other rights of any person or entity.</p>
<p>You hereby grant Tomofun and its licensees a non-exclusive,
irrevocable, fully paid and royalty-free, perpetual, worldwide, sub-licensable
and transferable right to access, re-use, distribute, store, delete, translate,
copy, modify, display, sell, create derivative works from and otherwise exploit
such Content for any purpose and in any media formats in any media channels
without compensation to you or any other person or entity.
You also hereby
grant to each user of the Services a non-exclusive license to access, use
and/or share your Content through the Services as permitted through the
functionality of the Services and this Agreement.
</p>
<ol>
<li>
<b>Private Content</b>
</li>
</ol>
<p>Tomofun does not claim ownership of your intellectual property
rights in the Content or any recordings or data you provide to us via the use
of our Services (the “Private Content”).
However, you agree to give Tomofun the
right to access, use, preserve and/or disclose your Content and Private
Content, without compensation to you or any obligation to you, for the
following purposes, as limited by the Privacy Policy: </p>
<p>i.  .
To provide the
Services to you;</p>
<p>ii.  .
To improve and
optimize the Services, or otherwise expand Services;</p>
<p>iii.  .
To develop new
Services;</p>
<p>iv.  .
To protect your
rights and interests, or the rights and interests of third parties, the public,
or Tomofun;</p>
<p>v.  .
To comply with
applicable law or regulation, legal process (e.g., subpoena, warrant, etc.), or
inquiry by a public or governmental authority;</p>
<p>vi.  .
To enforce this
Agreement, including any investigation of alleged violations of this Agreement.
or,</p>
<p>vii. .
To detect, prevent, and
mitigate fraudulent activity on our Services, or any security or technical
issues related to our Services.</p>
<ol>
<li>
<b>Trademarks, Copyrights and Intellectual Property</b>
</li>
</ol>
<p>Tomofun owns and retains all proprietary rights to the Services,
its trademarks, copyrights, trade secrets, and/or patents, whether
registered or not, and all other trademarks and trade names are the property of
their respective owners.
The Services are licensed to you on a limited,
non-exclusive, non-transferable, non-sublicensable basis, solely to be used in
connection with the Services for your private, personal, non-commercial use,
subject to all the terms and conditions of this Agreement as they are
applicable to the Services.
</p>
<p>Nothing on or in the Services shall be construed as conferring
any other license to you or your Authorized Users under any intellectual
property right, including any right in the nature of trademark, patent, trade
secret or copyright, of Tomofun or any third party, whether by estoppel,
implication or otherwise.
Except for any information that is in the public
domain, you are not authorized to reproduce, transmit or distribute the trademarks,
copyrights, proprietary information or intellectual property of Tomofun.
Tomofun, and its affiliates and licensors and suppliers, reserve all rights not
granted in this Agreement.
</p>
<p>Tomofun respects others’ intellectual property rights and
reserves the right to delete or disable Content alleged to be infringing the
Digital Millennium Copyright Act (“DMCA”) and to suspend or terminate the accounts
of alleged infringers.
If you believe someone is infringing on your or
another’s copyrights, please contact us at support@furbo.com.
</p>
<ol>
<li>
<b>Feedback</b>
</li>
</ol>
<p>You may submit comments, suggestions or ideas about our
Services, including ways in which you would improve or change the Services (the
“Feedback”).
You agree that your Feedback is provided to us on a
NON-CONFIDENTIAL BASIS, is voluntary, gratuitous, unsolicited and without
restriction, and Tomofun does not have any fiduciary duty or other duty as a
result of receiving your Feedback.
You hereby grant Tomofun the unlimited,
perpetual right to use, copy, modify, publish, redistribute, create derivative
works from such Feedback or otherwise disseminate your Feedback for any purpose
and in any way without compensation or any obligation to you or any other third
parties.
Tomofun does not waive any rights to use similar or related feedback
or ideas known to Tomofun, developed by Tomofun’s employees, or obtained from
other sources.
</p>
<ol>
<li>
<b>Purchases</b>
</li>
</ol>
<p>If you wish to purchase any product or service made available
through the Services ("Purchase"), you may be asked to supply certain
information relevant to your Purchase including, without limitation, your
credit card number, the expiration date of your credit card, your billing
address, and your shipping information.
We may require additional information
from you prior to accepting or processing your order.</p>
<p>You represent and warrant that: (i) you have the legal right to
use any credit card(s) or other payment method(s) in connection with any
Purchase.
and that (ii) the information you supply to us is true, correct and
complete.</p>
<p>By submitting such information, you grant us the right to use or
provide the information to third parties for purposes of facilitating the
completion of Purchases or providing our Services to you.</p>
<p>We reserve the right to refuse or cancel your order at any time
for certain reasons including but not limited to: product or service
availability.
we suspect you are purchasing products for resale without written
permission from us.
errors in the description or price of the product or
service.
error in your order or other reasons.
or if fraud or an unauthorized
or illegal transaction is suspected.
Furthermore, we reserve the right to
collect any rejection or insufficient funds fee and to process any such payment
by the payment method you have submitted to us.
Your charges may be payable in
advance, in arrears, or as otherwise described when you initially selected to
use the paid Services.</p>
<ol>
<li>
<b> Subscription Services – Furbo Dog Nanny</b>
</li>
</ol>
<p>You may choose to enable certain parts of our Services that
allow you to store video and/or audio footage or photographs in cloud storage
for up to 24 hours, download them to your mobile device, or to receive certain
types of notifications, by registering for our Subscription Services.
If you do
not register for the Subscription Services, you will only be able to record for
the limited purpose of giving you access to a real-time stream of the area
where the Hardware Product is located.
you will not be able to access any past
recordings nor can you enable the Subscription Services retroactively.
If you
or an Authorized User delete any data collected as a result of the Subscription
Services, the data will be deleted and no longer available to you.
Tomofun may
charge an additional fee for the use of some or all of the Subscription
Services. .
We may modify, suspend, terminate, or change the Subscription
Services at any time.</p>
<p>a.  .
<b>Subscription. .
</b>You
can find a description of our Subscription Services on our website, and we will
explain which Subscription Service options are available to you when you sign
up for the Furbo Dog Nanny or other services we offer.
Your Subscription
Services will continue month-to-month, annually or based on the other timescale
subscription plan (the “Subscription Term) that you select, and will automatically
renew until terminated.
You will be entitled to access the subscription-based
Services you purchased for each Subscription Term until such subscription is
cancelled.
To change or discontinue a Purchase, please go to your account settings
or contact us.
To use the Furbo Dog Nanny you must provide us with one or more
Payment Methods.
"Payment Method" means a current, valid, accepted
method of payment, as may be updated from time to time and which may include
payment through your account with a third party.
You must cancel your Subscription
Services before it renews to avoid billing of the next period’s fees to your
Payment Method (see "Cancellation" below). .
</p>
<p> </p>
<p>b.  .
<b>Free Trial.</b> Your
Subscription Service may start with a trial period to use the Subscription
Service at no cost (“Free Trial”).
The Free Trial period of your Subscription
Service lasts for one month, or as otherwise specified during sign-up and is
intended to allow new subscribers to try our Subscription Service. .
For
Free Trials we will require you to provide your payment details to start the
Free Trial, and to select a Subscription Term.
By providing such details you
agree that we may automatically begin charging you for the Paid Subscription on
the first day following the end of the Free Trial on a recurring basis
according to the Subscription Term you selected when you registered for the
Free Trial. .
IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE
APPLICABLE PAID SUBSCRIPTION AT LEAST 24 HOURS BEFORE THE END OF THE FREE TRIAL
IF YOU SIGNED UP FOR THE FREE TRIAL THROUGH TOMOFUN.</p>
<p> </p>
<p>Free Trial
eligibility is determined by Tomofun at its sole discretion and we may limit
eligibility or duration to prevent Free Trial abuse.
We reserve the right to
revoke the Free Trial and put your account on hold in the event that we
determine that you are not eligible.
Members of households with an existing or
recent Tomofun Subscription Services are not eligible.
We may use information
such as device ID, method of payment or an account email address used with an
existing or recent Tomofun Subscription Services to determine eligibility.
</p>
<p> </p>
<p>Tomofun will
charge your Payment Method for the Subscription Term you selected at the end of
the Free Trial and your Subscription Services will automatically renew based on
your Subscription Term unless you cancel your Subscription Services at least 24
hours prior to the end of the Free Trial.
Customers who reside in the European
Economic Area or the United Kingdom, please see section 13.</p>
<p>c.  .
<b>Billing Cycle</b>.
The Subscription
Services will be charged based on the Subscription Term you select to your
Payment Method on the calendar day corresponding to the commencement of the
paying portion of your Subscription until your Subscription is cancelled.
For
example, if you sign up for a monthly subscription on January 15, you will be
charged again on February 15 for the next month of the Subscription Services.
</p>
<p> </p>
<p>d.  .
<b>Payment Methods</b>.
To use the Subscription
Services you must provide one or more Payment Methods.
You can update your
Payment Methods by going to the "Account" page.
Following any update,
you authorize us to continue to charge the applicable Payment Method(s).
You
authorize us to charge any Payment Method associated to your account in case
your primary Payment Method is declined or no longer available to us for
payment of your Subscription Services.
You remain responsible for any
uncollected amounts.
If a payment is not successfully settled, due to
expiration, insufficient funds, or otherwise, and you do not cancel your
account, we may suspend your access to the Subscription Services until we have
successfully charged a valid Payment Method.
For some Payment Methods, the
issuer may charge you certain fees, such as foreign transaction fees or other
fees relating to the processing of your Payment Method.
Check with your Payment
Method service provider for details.</p>
<p> </p>
<p>e.  .
<b>Cancellation</b>.
To cancel, go
to the "Account" page on our website or your account settings on your
Mobile App and follow the instructions for cancellation.
You can cancel your auto-renewal
for your Subscription Services at any time, and you will continue to have
access to the Subscription Services through the end of your Subscription Term.
You
must cancel your subscription-based Services at least 24 hours before the next
Subscription Term to avoid further charges.
Unless you cancel auto-renewal for
your subscription, the Subscription Services will be automatically extended for
successive renewal periods of the same duration as the Subscription Term
originally selected, at the then-current non-promotional rate.
We do not
provide refunds or credits for any partial Subscription Term.
If you cancel
your Subscription Services, your account will automatically close at the end of
your current billing period for your Subscription Term.
</p>
<p> </p>
<p>It is your responsibility
to backup any data, software, or other materials you may have stored or
preserved via your use of the Subscription Services.
If you cancel your
Subscription Services you will lose basic features of our Subscription Services
and you will permanently lose such data, software, or other materials as they
will be deleted after your Subscription Services end.
Tomofun will not be
responsible for any such damage or loss.</p>
<p>
<b> </b>
</p>
<p>f.  .
<b>Changes to the
Price and Subscription Terms</b>.
We reserve the right to change our
subscription plans or adjust pricing for our service or any components thereof
in any manner and at any time as we may determine in our sole and absolute
discretion.
Except as otherwise expressly provided for in these Terms of Use,
any price changes or changes to your Subscription Services will take effect
following notice to you.</p>
<p> </p>
<p>
<b>g.  .
</b>
<b>Refunds.</b> Payments for Subscription Services are nonrefundable and there
are no refunds or credits for partially used periods.
Following any
cancellation, however, you will continue to have access to the Subscription Service
through the end of your Subscription Term.
You will not be eligible for a
prorated refund of your payment for Subscription Services.
Notwithstanding the
foregoing, if you are a resident of Canada, you have 7 days from the date you
signed up to cancel your Subscription Service and receive a full refund.
Customers who reside in the European Economic Area or the United Kingdom,
please see section 13.</p>
<ol>
<li>
<b>Statutory Right of Withdrawal (EEA AND UK Consumers Only)</b>
</li>
</ol>
<p>If you are a consumer residing within the European Economic Area
(EEA) or the United Kingdom (UK) you have the following right of withdrawal
when entering into a subscription service contract with us:<b>
</b>
</p>
<p>
<b>Right of Withdrawal</b>
</p>
<p>You have the right to withdraw from the contract within 14 days
without giving any reason.
</p>
<p>The withdrawal period will expire after 14 days from the day you
entered into the subscription contract.</p>
<p>To exercise the right of withdrawal, you must inform us at support@furbo.com.
of your
decision to withdraw from the contract by an unequivocal statement.
You may use
the attached model withdrawal form, but it is not obligatory.
</p>
<p>To meet the withdrawal deadline, it is sufficient for you to
send your communication concerning your exercise of the right of withdrawal
before the withdrawal period has expired.</p>
<p>
<b>Effects of Withdrawal</b>
</p>
<p>If you withdraw from the contract, we shall reimburse to you all
payments received from you, including the costs of delivery (with the exception
of the supplementary costs resulting from your choice of a type of delivery
other than the least expensive type of standard delivery offered by us),
without undue delay and in any event not later than 14 days from the day on
which we are informed about your decision to withdraw from this contract.
We
will carry out such reimbursement using the same means of payment as you used
for the initial transaction, unless you have expressly agreed otherwise.
in any
event, you will not incur any fees as a result of such reimbursement.
</p>
<p>If you requested to begin the performance of services during the
withdrawal period, you shall pay us an amount which is in proportion to what
has been provided until you have communicated us your withdrawal from the
contract, in comparison with the full coverage of the contract.</p>
<p>
<b>Model Withdrawal Form</b>
</p>
<p>(If you want to withdraw from the contract, please contact us at
support@furbo.com.) .
</p>
<ol>
<li>
<b>Refund Policy – Hardware Products</b>
</li>
</ol>
<p>Please refer to the Shipping, Returns &.
Warranty Policy, which is
incorporated herein by reference, for information about shipping limitations,
returns, and any warranty attached to the Hardware Product you have purchased.
</p>
<ol>
<li>
<b>Service Interruptions </b>
</li>
</ol>
<p>Our Services may be suspended temporarily or permanently without
notice to you for security purposes, maintenance or repair, system failures, or
other similar circumstances (collectively, “Service Interruptions”).
You
acknowledge and agree that you are not entitled to a refund or rebate related
to such Service Interruptions.
We do not offer a service level or uptime
guarantee with our Services.
</p>
<p>
<b>16.
</b>
<b>Intended Use and Reliability of Services</b>
</p>
<p>Your access and use of the Tomofun Services is intended to be
non-time-critical.
Tomofun does not make any representations or warranties that
use of the Services will improve or affect your level of safety.
While we
intend to provide you with reliable Services, you hereby acknowledge that the
use of the Services is not intended to be 100% reliable and it is not a
substitute for a third-party monitored emergency notification system.
</p>
<p>Our Services may experience interruptions or issues for various
reasons, including a poor Wi-Fi connection or your mobile carrier’s data and
usage plan.
We cannot and do not guarantee that you will receive timely or
accurate notifications through our Services, to the extent you enable such
features, nor that we will maintain and store your data.
You are solely
responsible for maintaining and storing any backups of video or audio
recordings or photographs outside of the Services to avoid any loss of such
data.</p>
<p>You acknowledge that the availability of our Services is dependent
on your Internet Service Provider (“ISP”), your mobile device operator or
carrier (“Mobile Carrier”), and your computer, mobile device, home wiring,
Wi-Fi, Bluetooth connection or other relevant equipment.
You are responsible
for ensuring you comply with your ISP’s and Mobile Carrier’s applicable terms
and agreements, including any data and usage terms.
</p>
<ol>
<li>
<b>System Requirements</b>
</li>
</ol>
<p>To access or use the Services, you must have: </p>
<p>·  .
An account;</p>
<p>·  .
A wireless device that is supported by the Services, such as a
mobile smartphone or tablet;</p>
<p>·  .
A functioning and always available Wi-Fi network or broadband
Internet connection in your home.
and,</p>
<p>·  .
Any other specifications provided with the specific Services you
Purchase.</p>
<p>You acknowledge that the Services may not function if you are
not able to meet the requirements listed above.
</p>
<ol>
<li>
<b>Installation and Use</b>
</li>
</ol>
<p>Tomofun will provide you with installation instructions when you
Purchase our Services.
However, it is your responsibility to ensure you are
following the instructions correctly.
YOU MAY EXPERIENCE TECHNICAL OR
PERFORMANCE ISSUES WITH OUR SERVICES IF THE SERVICES ARE NOT PROPERLY
INSTALLED.
ALWAYS TEST THE SERVICES AT INSTALLATION AND REGULARLY THEREAFTER TO
ENSURE THEIR PROPER FUNCTIONING.
PART OF THE SERVICES MAY REQUIRE REPLACEMENT
FOR THEIR PROPER FUNCTION, SUCH AS TREATS FOR THE FURBO DOG CAMERA OR ADAPTER
REPLACEMENT.
IF YOU ARE EXPERIENCING TECHNICAL DIFFICULTIES, PLEASE REFER TO
OUR FURBO HELP CENTER OR CONTACT US
AT SUPPORT@FURBO.COM.</p>
<p>
<b>19.
</b>
<b>Availability, Errors and Inaccuracies</b>
</p>
<p>We are constantly updating our offerings of products and
services on the Service.
The products or services available on our Service may
be mispriced, described inaccurately, or unavailable, and we may experience
delays in updating information on the Service and in our advertising on other
web sites, applications or platforms.</p>
<p>We cannot and do not guarantee the accuracy or completeness of
any information, including prices, product images, specifications,
availability, and services.
We reserve the right to change or update
information and to correct errors, inaccuracies, or omissions at any time
without prior notice (including after an order has been submitted).</p>
<ol>
<li>
<b>Automatic Software Updates</b>
</li>
</ol>
<p>We may, from time to time, develop updates, patches, bug fixes,
upgrades or other modifications to the Services (the “Software Updates”).
Software Updates may improve or optimize the Services, or make changes to the
Services in our sole discretion.
You hereby agree that Tomofun may
automatically install the Software Updates without notice or additional consent
from you, except as required by applicable law or in accordance with our
Privacy Policy.
If you do not want such Software Updates, you may terminate
your Services with us.</p>
<ol>
<li>
<b>Third Party Links and Services</b>
</li>
</ol>
<p>Our Services may contain links or access to third-party web
sites or services that are not owned or controlled by Tomofun (“Third Party
Services”).
A description or link to Third Party Services does not imply an
endorsement by Tomofun of the Third Party Services.
</p>
<p>Tomofun has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any Third Party Services.
You
further acknowledge and agree that Tomofun shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods or
services available on or through any such Third Party Services.</p>
<p>You may be required to agree to additional Third Party Services
terms and conditions, warranties, or other policies.
This Agreement or any
other Tomofun agreements with you do not apply to your access or use of Third
Party Services.
We strongly advise you to read the terms and conditions and
privacy policies of any Third Party Services that you access or use.</p>
<p>
<b>22.
</b>
<b>Contests, Sweepstakes and Promotions</b>
</p>
<p>Any contests, sweepstakes or other promotions (collectively,
"Promotions") made available through the Services may be governed by
rules that are separate from this Agreement.
If you participate in any
Promotions, please review the applicable rules as well as our Privacy Policy.
If the rules for a Promotion conflict with this Agreement, the Promotion rules
shall apply.</p>
<p>
<b>23.
</b>
<b>Security</b>
</p>
<p>Tomofun has certain technical, administrative, and physical security
measures in place to protect your personal information.
However, Tomofun’s
Services are provided over the Internet and we cannot guarantee that your
personal information will not be accessed, used or disclosed by unauthorized
third parties.
In addition, you are also responsible for the security of your
personal information on our Services.
You should ensure that any wireless
Internet connections you use for the Product Hardware, Mobile App or other
Services are secure, and only share your account information with third parties
you trust.
If you believe that the security of your personal information on our
Services has been compromised, please contact us immediately at support@furbo.com.
</p>
<p>
<b>24.
</b>
<b>Indemnification</b>
</p>
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO
INDEMNIFY, DEFEND AND HOLD HARMLESS TOMOFUN, ITS OFFICERS, EMPLOYEES, AGENTS,
AFFILIATES, SUPPLIERS, OR LICENSEES, FOR ANY LOSSES, DAMAGES, COSTS,
LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, LEGAL
FEES, AWARDS OR SETTLEMENTS) RELATING TO OR ARISING OUT OF YOUR OR YOUR
AUTHORIZED USERS’ USE OF THE SERVICES, AND INCLUDING ANY BREACH BY YOU OF THE TERMS
CONTAINED IN THIS AGREEMENT.
NOTWITHSTANDING THE FOREGOING, THIS INDEMNIFICATION
SHALL NOT APPLY TO CLAIMS BASED ON TOMOFUN’S OWN WILLFUL, WANTON, OR
INTENTIONAL MISCONDUCT BY TOMOFUN.</p>
<p>
<b>25.
</b>
<b>Warranty Disclaimer</b>
</p>
<p>TOMOFUN PROVIDES THE SERVICES ON AN "AS IS" BASIS AND
DOES NOT MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY,
NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR
LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED,
RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS
WEBSITE OR THE SERVICES.
TOMOFUN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES
WILL ALWAYS BE AVAILABLE, BE SECURE, BE UNINTERRUPTED, BE ERROR FREE, MEET YOUR
REQUIREMENTS, BE FREE OF ANY DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR
THAT DEFECTS WILL BE CORRECTED.
SOME OR ALL OF THE EXCLUSIONS ABOVE MAY NOT
APPLY TO YOU DEPENDING ON THE JURISDICTION IN WHICH YOU RESIDE.
</p>
<p>
<b>26.
</b>
<b>Limitations of Liability</b>
</p>
<p>TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION
TO THE WARRANTY AND OTHER DISCLAIMERS IN THIS AGREEMENT, IN NO EVENT SHALL
TOMOFUN, ITS OFFICERS, EMPLOYEES, PARTNERS, AGENTS, .
OR AFFILIATES, BE (A)
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR
PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE,
GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO THE SERVICES, WHETHER
OR NOT WE HAVE BEEN INFORMED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE, AND (B) HAVE TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT
DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES
NOT EXCLUDED OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM OR RELATED TO THE
SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN
AMOUNT NEVER TO EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO TOMOFUN OR AN
AUTHORIZED TOMOFUN RESELLER FOR THE SERVICES AT ISSUE WITHIN THE PRIOR TWELVE
(12) MONTHS (IF ANY).
TOMOFUN DISCLAIMS ALL LIABILITY OF ANY KIND OF TOMOFUN’S
LICENSORS AND SUPPLIERS.
</p>
<p>TOMOFUN DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO ANY
CONTENT OR PRIVATE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR PRIVATE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR PRIVATE CONTENT, OR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED IN CONNECTION WITH USE OF, OR EXPOSURE TO, ANY CONTENT OR
PRIVATE CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, DISSEMINATED OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES.
</p>
<p>THIS SECTION SHALL APPLY EVEN IF TOMOFUN IS FOUND LIABLE FOR ANY
LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR
LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, SUBROGATION,
INDEMNIFICATION OR CONTRIBUTION, STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL
THEORY OF LIABILITY.
</p>
<p>FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF
LIABILITY FOR GROSS NEGLIGENCE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
ANY WILLFUL, WANTON, INTENTIONAL, RECKLESS MISCONDUCT, OR GROSS NEGLIGENCE OF
TOMOFUN.</p>
<p>
<b>27.
</b>
<b>Dispute Resolution and Waiver of Class Action and Jury Rights </b>
</p>
<p>The following applies only to those users that reside in the
United States of America or Canada:</p>
<p>You understand and agree that any dispute, claim, or controversy
arising under or in connection with this Agreement, including your use and
access to the Services or any other content, including, but not limited to,
claims as to whether any services rendered by Tomofun or persons employed or
engaged by Tomofun were unnecessary or unauthorized or were improperly,
negligently, or incompetently rendered, shall be finally and exclusively
resolved by binding arbitration under the American Arbitration Association’s
("AAA") Commercial Arbitration Rules and Mediation Procedures and
Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or
resort to court process, except as California law provides for judicial review
of arbitration proceedings.
Each party retains the right to seek injunctive or
other equitable relief in a court of competent jurisdiction to prevent the
actual or threatened infringement, misappropriation or violation of a party’s
copyrights, trademarks, trade secrets, patents, or other intellectual property
rights.
It is your responsibility to pay any AAA filing, administrative and
arbitrator fees as set forth in the AAA Rules.
</p>
<p>YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THIS AGREEMENT
ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE SUCH DISPUTE DECIDED IN A
COURT OF LAW BEFORE A JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE
ATTORNEY-GENERAL ACTION, OR ANY OTHER PRESENTATIVE PROCEEDING.
</p>
<p>The parties further agree that the arbitrator, and not any
federal, state or local court or agency, shall have exclusive authority to
resolve any dispute relating to the interpretation, applicability,
enforceability or formation of this agreement to arbitrate.
Any such
controversy or claim shall be arbitrated on an individual basis, unless both
parties otherwise agree in writing.
The arbitration shall be held in San
Francisco County, California, U.S.A.
</p>
<p>You may cancel this agreement to arbitrate by giving written
notice to Tomofun within 30 days of the date of your acceptance of this
Agreement, or 30 days after Tomofun makes material changes to this section of
this Agreement.
You should send your cancellation notice to support@furbo.com with the
following information: (i) your name, (ii) your Tomofun account email address.
(iii) your mailing address.
(iv) a statement of your wish not to resolve
disputes with Tomofun through arbitration.
Your notice to opt-out of
arbitration only applies to this Agreement.
if you previously entered into other
arbitration agreements with Tomofun or enter into other such agreements in the
future, your notification that you are opting out of the arbitration terms of
this Agreement shall not affect the other arbitration agreements between you
and Tomofun.
Should you choose to withdraw from the arbitration provision, all
other provisions of this Agreement shall remain in full force and effect.</p>
<p>If for any reason a claim proceeds in court rather than
arbitration, each party waives any right to a jury trial.
You agree to the
personal jurisdiction by and venue in the state and federal courts of San
Francisco County in the State of California or a United States District Court
for the Northern District of California located in San Francisco, California,
and waive any objection to such jurisdiction or venue.
</p>
<p>
<b>28.
</b>
<b>General</b>
</p>
<p>
<b>a.  .
</b>
<b>Entire
Agreement</b>
</p>
<p>This Agreement constitutes the entire agreement among the
parties relating to the subject matter hereof, and supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written between the parties with respect to any Services provided by Tomofun.
Notwithstanding the foregoing, you may also be subject to additional terms and
conditions, posted policies, guidelines, or rules that may apply when you use the
Services, use or access the services, content or software of our affiliates,
third parties or collaborating partners, or our enter sweepstakes, promotions,
or contests.
</p>
<p>
<b>b.  .
</b>
<b>Term for Cause
of Action</b>
</p>
<p>Any claim under this Agreement must be brought within one (1)
year after the cause of action arises, or such claim or cause of action is
barred.
claims made under the separate terms and conditions of purchase for
goods or services are not subject to this limitation.</p>
<p>
<b>c.  .
</b>
<b>Governing Law</b>
</p>
<p>Except to the extent a claim or dispute is preempted by U.S.
federal law, any claim or dispute arising from or relating to this Agreement is
governed by the laws of the State of California, without regard to provisions
of conflicts of law.
Unless prohibited under mandatory law, any lawsuit arising
from or related to this Agreement shall be brought exclusively before the
Superior Court of California, County of San Francisco, and you hereby agree to
the jurisdiction of any such court, unless such claim or dispute is required to
be arbitrated as set forth in an above section</p>
<p>
<b>d.  .
</b>
<b>Headings</b>
</p>
<p>The section titles in this Agreement are for your convenience
only and have no legal or contractual effect.</p>
<p>
<b>e.  .
</b>
<b>Assignment</b>
</p>
<p>You may not assign or delegate any rights or obligations under this
Agreement, and any such attempts will be ineffective.
Tomofun can freely assign
or delegate all rightsand obligations under this Agreement in part or in its
entirety without notice to you.</p>
<p>
<b>f.  .
</b>
<b>Severability
and Waiver</b>
</p>
<p>A failure to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision.
If any
provision of this Agreement is found by a court of competent jurisdiction to be
unlawful, void or for any reason unenforceable then that provision shall be
deemed severable from this Agreement and shall not affect the validity and
enforceability of any of the remaining provisions. .
</p>
<p>
<b>g.  .
</b>
<b>Notifications</b>
</p>
<p>We may provide notifications to you as required or permitted by
law via email to the primary email address associated with the Account Owner,
mobile notification, hard copy or posting of such notice on our Services.
Tomofun is not responsible for any automatic filtering that you or your network
provider may apply to such notifications. .
</p>
<p>
<b>h.  .
</b>
<b>Termination</b>
</p>
<p>This Agreement will remain in full force and effect as long as
you continue to access or use the Services, or until terminated in accordance
with provisions of this Agreement.
We may terminate or suspend your use, access
or account immediately, without prior notice or liability, for any reason
whatsoever, including without limitation if you breach this Agreement.
</p>
<p>If you transfer the Services to another owner, your right to use
our Services immediately terminates with respect to the transferred Services.
The new owner shall have no right to use the Services as your Account Owner and
will need to register as a separate Account Owner and accept this Agreement.
</p>
<p>Upon termination, your right to use the Services will
immediately cease.
If you wish to terminate your account, you may simply
discontinue using the Service or contact us at support@furbo.com.</p>
<p>
<b>i.  .
</b>
<b>Contact Us</b>
</p>
<p>If you have any question about this Agreement, please contact us
at support@furbo.com.</p>
<p> </p>