DOGTRA SMART NOBARK Service Terms of Use

Welcome to the Terms of Use (“Terms”) for the mobile application called the Smart No Bark and for the software related to the mobile application and the Smart No Bark device. (Said mobile application and software are referred to collectively as the “Service”). By using the Service, you agree to be bound by these Terms. Please carefully review the Terms. If you do not agree with any of the Terms, do not use the Service.

Limited License

Dogtra grants you a limited license to use the Service solely for your personal, non-commercial use and only for the purpose for which the Service was designed. This limited license does not transfer to you any ownership rights or intellectual property rights to the Service or to the Smart No Bark device. You may not reproduce, publish, transmit, distribute, display, modify, reverse engineer, decompile, create derivative works from, sell, or exploit in any way the Service or its contents. Dogtra reserves all rights not expressly granted in these Terms. Dogtra, at its sole discretion and without notice, may modify or terminate this license for any reason or no reason. Any violation of the Terms automatically revokes your limited license to use the Service.

Mobile Phone Compatibility and Usage

The Service is compatible with mobile phones that use Android (version 7.0 or newer) and iOS (version 12.0 or newer). You are solely responsible for all costs, expenses, charges, losses, and liabilities when using the Service on your mobile phone. Do not use the Service or your mobile phone in any way that distracts or prevents you from using the Service, the Smart No Bark device, or your mobile phone in a safe and responsible manner.

Privacy

Dogtra does not collect any specific personal information about you when you use the Service. Dogtra uses Google Analytics to review macro information about overall usership of the Service including the number of users and devices, usage and setting modes, operating systems, devices, regions, and average bark counts by time zone. Google’s privacy policy can be found at: https://policies.google.com/technologies/partner-sites. The online app stores, where the Service is available for download, may or may not collect your personal information. Please refer to said app stores for more information on their privacy policies. Dogtra’s Privacy Policy can be found at: https://www.dogtra.com/privacy-policy. Said Privacy Policy is hereby incorporated into the Terms.

Ownership

Dogtra owns all worldwide title, interest, and rights to the Service and to the Smart No Bark device. All materials in the Service including text, images, illustrations, designs, icons, photographs, video clips, software, coding, and/or other materials, and the copyrights, trademarks, trade secrets, or other intellectual property in such materials (collectively "Content") are owned, controlled, or licensed by Dogtra.

Disclaimer of Warranties and Limitations on Damages

THE SERVICE IS OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, DISCLAIMING ALL WARRANTIES, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, DOGTRA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CURRENTNESS, OR RELIABILITY OF THE SERVICE. WE ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR DOWNLOAD AND/OR USE OF THE SERVICE OR FROM ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED THROUGH THE SERVICE.

IN DISPUTES ARISING FROM YOUR DOWNLOAD AND/OR USE OF THE SERVICE, DOGTRA WILL NOT BE LIABLE FOR ANYTHING OTHER THAN DIRECT DAMAGES (FOR EXAMPLE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARE EXCLUDED). THE TOTAL AMOUNT OF DAMAGES AWARDED TO YOU MAY ALSO BE LIMITED TO AMOUNTS PREVIOUSLY PAID BY YOU TO DOGTRA (IF ANY).

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOGTRA AND ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, RETAILERS, AGENTS, ATTORNEYS, REPRESENTATIVES, AND AFFILIATED COMPANIES AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, AGENTS, ATTORNEYS, AND REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANY DEATH, INJURY, LOSS, OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES CAUSED BY OR BECAUSE THE SERVICE IS UNAVAILABLE, INTERRUPTED, INCOMPLETE, INCORRECT, UNRELIABLE, UNTIMELY, UNSECURE, OR NOT PRIVATE; BECAUSE THE SERVICE CONTAINS VIRUSES OR OTHER MALWARE; BECAUSE THE SERVICE IS USED BY YOU OR ANOTHER USER IN AN UNSAFE OR IRRESPONSIBLE MANNER; OR BECAUSE THE SERVICE IS USED BY YOU OR ANOTHER USER IN SITUATIONS OR ENVIRONMENTS WHERE THE AVAILABILTY, COMPLETENESS, CORRECTNESS, RELIABILITY, TIMELINESS, OR OTHER ASPECT OF THE SERVICE COULD LEAD TO DEATH, INJURY, LOSS, OR DAMAGE OF ANY KIND. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON TORT, CONTRACT, WARRANTY, OR ANY OTHER BASIS.

Indemnity

You shall defend, indemnify, and hold harmless Dogtra and its directors, officers, managers, employees, contractors, suppliers, retailers, agents, attorneys, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to misuse of the Service or to violation of the Terms or violation of any laws by you or related individuals or entities.

General Legal Provisions

Dogtra, at its sole discretion and without notice, may update, revise, or cancel the Terms. By continuing to use the Service, you agree to be bound by any updated or revised Terms.

The Terms are governed by the laws of the State of California, without regard to conflicts of law principles. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, for all disputes arising out of or relating the Service. In the event of any legal action to enforce or interpret the Terms, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs.

If any provision of the Terms is held invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

No waiver of any breach of any provision of the Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. All rights not expressly granted herein are hereby reserved. The Terms are the entire and final agreement regarding your access to and use of the Service.

Open Source Credits

The Service uses certain open source components. Links to the source code and license information for said open source components are below. Dogtra acknowledges and thanks the following developers for their contributions to open source.

flutter_blue_plus

https://pub.dev/packages/flutter_blue_plus

get_storage

https://pub.dev/packages/get_storage

MIT License