Terms of Service

Agreement to Terms

These Terms of Service (the "Terms") form a binding agreement between you and ToughTail, Inc. ("ToughTail", "we", "us"). By purchasing or using ToughTail devices, apps, or services, you agree to these Terms. If you do not agree, do not use the Services.

We may update these Terms from time to time. Material changes will be notified by updating the date, posting a notice, email, or in‑app message. Continued use after changes means you accept the updated Terms.

Eligibility and Accounts

You must be at least the age of majority in your jurisdiction to use the Services. You are responsible for your account credentials and for any activity under your account. Keep your password secure and manage guardian access carefully.

Devices, Activation, and Service Plans

Certain features require an active service plan and a compatible device. Plans renew automatically at the cadence you select until canceled. You can cancel at any time effective at the end of the current term in the app.

Trials: If your purchase includes a trial, charges begin when the trial ends unless you cancel beforehand.

Prepaid and lifetime plans are non‑refundable after the applicable trial, except as required by law. Taxes may apply. We may change plan pricing with reasonable notice, and price changes take effect on your next billing term.

Shipments, Risk of Loss, and Returns

Title and risk of loss transfer upon delivery to the carrier. Review our Returns & Refunds and Warranty policies for additional terms that are incorporated by reference.

Software License and Updates

We grant you a limited, non‑exclusive, non‑transferable, revocable license to install and use our apps and device firmware solely in connection with the Services. We may provide automatic updates or patches. Some components may include third‑party or open‑source software under their respective licenses.

App Store Terms: If you downloaded from Apple App Store or Google Play, their terms apply in addition to these Terms (including usage rules, payment handling, and support disclaimers).

Acceptable Use

You agree not to misuse the Services. Prohibited uses include: reverse engineering, interfering with or disrupting networks, accessing data without authorization, using the Services for unlawful surveillance or to harass others, or attempting to extract source code except as permitted by law.

Safety and Training Disclaimers

ToughTail is designed to assist with pet safety and training, but it does not replace responsible supervision and secure enclosures. GPS accuracy varies due to environment, connectivity, and device health. Guidance features should be used according to local laws and with professional advice where appropriate.

User Content and Feedback

You retain ownership of content you submit (for example, pet profiles and feedback), but grant ToughTail a worldwide, royalty‑free, sublicensable license to use, host, reproduce, modify, and display such content to operate and improve the Services. Do not submit content you do not have the right to share.

If you provide feedback or suggestions, we may use them without obligation to you.

Third‑Party Services

The Services may link to or integrate with third‑party products (for example, cellular carriers, maps, app stores). ToughTail is not responsible for third‑party terms or privacy practices.

Beta and Experimental Features

We may offer beta features for evaluation. Beta features are provided “as is,” may be modified or discontinued at any time, and may be subject to additional terms.

Service Changes and Availability

We may change, suspend, or discontinue any part of the Services at any time. We are not liable for unavailability caused by factors outside our reasonable control (for example, carrier outages, force majeure events, or third‑party failures).

Ownership and Intellectual Property

ToughTail and its licensors own all right, title, and interest in and to the Services, including software, designs, trademarks, and content, except for content you provide. These Terms do not transfer any intellectual property rights except as expressly stated.

Termination

You may stop using the Services at any time. We may suspend or terminate access for violations of these Terms or where required by law. Upon termination, your license ends and certain provisions survive (including ownership, disclaimers, limitations of liability, indemnities, and dispute terms).

Warranty Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN OUR WRITTEN WARRANTY, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOUGHTAIL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNTS YOU PAID TO TOUGHTAIL FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED.

Indemnification

You agree to defend, indemnify, and hold harmless ToughTail and its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Services, violation of these Terms, or infringement of third‑party rights.

Dispute Resolution; Arbitration; Class Waiver (U.S. users)

You and ToughTail agree to resolve disputes through binding arbitration on an individual basis, and not as a plaintiff or class member in any putative class or representative proceeding.

Arbitration rules: Disputes will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Venue and governing law appear below. You may opt out of arbitration within 30 days of creating your account by emailing legal@toughtail.com with your name and account email.

Small claims option: Either party may bring an individual action in small claims court.

Governing Law and Venue

These Terms are governed by the laws of [choose a state, e.g., Delaware or California], without regard to conflict of law principles. Except as otherwise stated above, courts located in [county/state] will have exclusive jurisdiction. Consumers in the EEA/UK may benefit from mandatory protections of their local law.

Export and Sanctions

You may not use, export, or re‑export the Services except as authorized by U.S. law and the laws of the jurisdiction(s) in which the Services were obtained.

Miscellaneous

Assignment: You may not assign these Terms without our consent. We may assign these Terms.

Severability and waiver: If a provision is unenforceable, the remainder remains in effect. Our failure to enforce a right is not a waiver.

Force majeure: We are not responsible for delays or failures due to events beyond our reasonable control.

Entire agreement: These Terms, plus policies referenced herein (Privacy Policy, Warranty, Returns), are the entire agreement between you and ToughTail regarding the Services.

Contact: legal@toughtail.com or support@toughtail.com.