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Terms and Conditions

PLEASE READ THE TERMS AND CONDITIONS.

 

BY DOWNLOADING THE CLOUDPETS APP, USING THE CLOUDPETS APP OR CLICKING/ CHECKING ON THE ACCEPT/AGREE BOX/BUTTON, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS (INCLUDING, THE TERMS AND CONDITIONS OF THE THIRD PARTY TERMS THAT ARE INCORPORATED INTO THE TERMS BY REFERENCE); (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE TERMS; AND (III) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TERMS AND ALL APPLICABLE LAWS.

 

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE TERMS, CLOUDPETS IS UNWILLING TO GRANT YOU (OR YOUR CHILDREN) THE RIGHT TO USE THE CLOUDPETS APP.

 

THE TERMS CONSTITUTE AN ENFORCEABLE AGREEMENT BY AND BETWEEN YOU AND CLOUDPETS.

 

FOR PURPOSES OF THE TERMS, ” CLOUDPETS “, “US”, “WE” OR “OUR” MEANS AND INCLUDES CLOUDPETS AND ITS INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS. “YOU” MEANS EACH PERSON WHO ACCESSES OR USES THE CLOUDPETS APP (INCLUDING, BUT NOT LIMITED TO YOUR CHILDREN), WHETHER OR NOT SUCH PERSON PERSONALLY INSTALLED THE CLOUDPETS APP. FURTHER, “YOUR CHILDREN” OR “YOUR CHILD” REFERS TO YOUR CHILD, YOUR CHILDREN OR A CHILD OR CHILDREN UNDER YOUR GUARDIANSHIP OR SUPERVISION.

Privacy

Please refer to the Privacy Policy below for information on how CloudPets collects, uses and discloses your information when you use the CloudPets App.

Creating an Account

By creating an account for the CloudPets App, you represent and warrant that you are 13 years of age or older.   If you are under 13 years of age, you are expected to use a parent’s user account. In consideration of your use of the CloudPets App, you agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms via the CloudPets App (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to CloudPets, to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to CloudPets. You are responsible for safeguarding the password that you use to access the CloudPets App. When you register for the CloudPets App, you should use a strong password, including a combination of upper and lower case letters. We suggest that you not use the same password for the CloudPets App that you use for other applications or services.

 

License

 

Subject to the terms, conditions and limitations set forth in the Terms, CloudPets grants you a nonexclusive, non-transferable and revocable license to use the CloudPets App on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by CloudPets that replace and/or supplement the original CloudPets App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

 

Restrictions

 

You agree not to do, or authorize or permit any third party to do, any of the following: (i) copy, reproduce or distribute the CloudPets App;

(ii) make the CloudPets App available over a network where it could be used by multiple devices at the same time; (iii) sell, license, rent, assign, lease, lend, redistribute or sublicense the CloudPets App;

 

Consent to Use of Data and Communications

 

You agree that CloudPets may collect and use technical data, personal information and related information in connection with your use of the CloudPets App including, but not limited to, contact information and technical information about your device, system and the CloudPets App software, and peripherals, that are gathered periodically to facilitate the features and functionality of the CloudPets App and software updates, product support and other services. Please see our

 

Privacy Policy for more information about how CloudPets collects, uses, stores and discloses personal information collected through the CloudPets App. You also consent to our communicating with you about the CloudPets App or in connection with the features, functions and activities contained in the CloudPets App.

 

Speech Data, Recordings and Third Party Components Use of Speech Data and Recordings

 

You acknowledge and agree that when users interact with CloudPets, CloudPets may capture audio recordings (the “Recordings”) of such interactions, and that CloudPets and its licensors and contractors may use, store such Recordings and the speech data contained therein (the “Speech Data”), including your voice and likeness as captured therein, to provide and maintain the CloudPets App, and provide customer service. CloudPets and/or its licensors will not use the information contained in any Speech Data for any purpose except as set forth above. Because audio files constitute personal information under the Children’s Online Privacy Protection Act, parents are expected to consent to the use of the CloudPets App by their children who are under 13 before CloudPets will save or store any Recordings.

Therefore, the foregoing does not apply to children under 13 until such consent is obtained.

 

Recordings

 

The CloudPets App will allow you, the account holder, to share certain Recordings that you (and/or your children) create using the CloudPets App with others by sending a message, or by sharing on your website or third party websites (including Facebook, Twitter and YouTube (each, a “Third Party Site”)). Please remember that when you share the Recordings with a Third Party Site, such Recordings may become subject to third party website policies and rules.

 

You acknowledge and agree that you (on behalf of yourself and your child) release and discharge CloudPets, its administrators, directors, officers, employees, agents, sponsors and advertisers (collectively, “CloudPets Parties”) from all liability to you and your child for any claims that the use of the Recordings by CloudPets (or any party on its behalf) violates any of your rights, including intellectual property rights or rights of publicity or privacy. Further, you (on behalf of yourself and your child) convent not to sue any CloudPets Parties with respect to any Recordings. You also acknowledge and agree that neither you nor your child will be entitled to any additional compensation for the use of any of the Recordings by CloudPets or a party on its behalf.

 

Feedback

 

Any suggestions, comments or other feedback provided by you or your children to us with respect to the CloudPets App and/or our products and services will constitute our confidential information. We will be free to use, disclose, reproduce, license and otherwise distribute, and exploit this feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

 

Conduct

 

You agree that you are solely responsible for your conduct (and the conduct of anyone using your account) with respect to the CloudPets App, and you agree that you will not do any of the following in connection with the CloudPets App:

 

Modification of Terms

 

CloudPets reserves the right to change or modify any of the terms and conditions contained in the Terms, or any policy or guideline of the CloudPets App, at any time and in its sole discretion by posting the changes/modifications via the CloudPets App. Additionally, notice may be provided by sending an email to you or by such other form of notice as determined by CloudPets. Changes/modifications will only become effective at the end of the 30 day period commencing upon the posting of the changes/modifications via the CloudPets App (“Notice Period”). If you disagree with any changes/modifications, please stop using the CloudPets App within the Notice Period. Your use of the CloudPets App after the Notice Period will constitute your acceptance of the changes/modifications. Also, we recommend that you review the Terms whenever you access the CloudPets App and, at least, every 30 days to make sure that you understand the terms and conditions that will apply to your use of the CloudPets App.

 

Suspension and Termination

 

CloudPets may suspend and/or terminate your rights with respect to the CloudPets App for any reason or for no reason at all and with or without notice at CloudPets’s sole discretion. Suspension and/or termination may include restricting access to and use of the CloudPets

 

App. If your rights with respect to the CloudPets App are suspended and/or terminated, you agree to make no further use of the CloudPets App during suspension or after termination. CloudPets reserves the right, but does not undertake any duty, to take appropriate legal action including, but not limited to, the pursuit of civil, criminal and/or injunctive redress against you for continuing to use the CloudPets App during suspension or after termination, and you agree that CloudPets may recover its reasonable attorney’s fees and court costs from you for such actions. Even while your membership is suspended and after it is terminated, the Terms will remain enforceable against you. All of the terms and conditions of the Terms survive any termination of the Terms (except the “License” and “Consent to Use of Data and Communications” sections).

 

Disclaimers

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE CloudPets APP IS AT YOUR SOLE RISK. THE CloudPets APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CloudPets DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO

THE TERMS, THE CloudPets APP, THE CloudPets MATERIAL, ANY CloudPets PRODUCTS AND SERVICES, THE RECORDINGS, THIRD PARTY SITES AND THIRD PARTY TRADEMARKS WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY;

(II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT CloudPets KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON- INFRINGEMENT OR CONDITION OF TITLE. CloudPets DOES NOT WARRANT THAT:

 

Indemnification

 

You agree, at your sole expense, to defend, indemnify and hold us and our licensors, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; or (ii) your violation (or alleged violation) of the Terms or the rights of any third party.

 

Limitation of Liability

 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL CLOUDPETS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THE CLOUDPETS APP, THE CLOUDPETS MATERIAL, ANY CLOUDPETS PRODUCTS OR SERVICES, THE RECORDINGS, THIRD PARTY SITES OR THIRD PARTY TRADEMARKS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF CLOUDPETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

 

No Third Party Beneficiaries

Except as otherwise expressly elsewhere in the Terms, there will be no third party beneficiaries to the Terms.

 

Modifications to the CloudPets App

 

CloudPets reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the CloudPets App and/or any features, information, materials or content on the CloudPets App with or without notice to you. You agree that CloudPets will not be liable to you or any third party for any modification or discontinuance of the CloudPets App or any portion thereof.

 

Copyright Complaints

 

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, CloudPets has adopted a policy of terminating, in appropriate circumstances and at CloudPets’s sole discretion, account holders who are deemed to be repeat infringers. CloudPets may also, at its sole discretion, limit access to the CloudPets App and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. CloudPets will respond to claims of copyright infringement committed using the CloudPets App that are reported to CloudPets’s Designated Copyright Agent, identified in the sample notice below.

 

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Privacy Policy

CloudPets Privacy Policy

Last Revised: January 15, 2016

 

This privacy policy (“Policy”) is in reference to the CloudPets™ Mobile App (the “Mobile App”) and the message processing services for CloudPets™ (the “Services”).      This privacy policy explains how personal information is collected, used, and disclosed by CloudPets LLC., in connection with your or your child’s use of CloudPets and the Services; including the collection of audio recordings that are captured when users interact with CloudPets by pressing and holding the “Record” button (collectively the “Recordings”). All references to the term “you” or “parent” in this privacy policy shall include legal guardians, and all references to “children” or “child” shall mean children less than 13 years of age. The use of CloudPets™ requires parental consent, and by providing consent, you are certifying that you are the parent for the children who use the Services or an adult approved by a parent to send messages to a child.

 

We may change this Policy from time to time. If we make changes, we will notify you by revising the date at the top of the Policy and, in some cases (such as for material changes), we will provide you with additional notice (such as adding a statement to our web site’s homepage or sending you a notification) and/or obtain your prior verifiable consent.

 

What Information Do We Collect?

 

Active Collection: When the Mobile App is downloaded, we collect a parental email and password in connection with obtaining parental consent and creating a parent account. Parents may also provide additional information, when they set up CloudPets or through the parent account, such as indicating their child’s name and other conversation options that are used to improve the conversational experience.

 

Recordings: When children or other users talk with CloudPets by pressing and holding the “Record” button, we capture the Recordings . These Recordings are considered personal information under the Children’s Online Privacy Protection Act (“COPPA”). We cannot prevent children from providing personal information when they talk with CloudPets.

 

Passive Collection: When the Mobile App or Services are being used, some information is also automatically collected. For example, we may automatically collect certain information when you use the Mobile App, such as device model and name, operating system and version, the browser type, mobile network information, preferred language, time zone, and activity on the Mobile App. We may also automatically collect certain logistical information in server logs, including information about how various features of the Mobile App and Services are used and information about the number, frequency and length of each session. On our Site, we may also automatically collect certain information through the use of “cookies.” Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us analyze and improve our Site and Services, and our other products and services, and the experience of our users. If we link cookies to any personally identifying information, we will treat this information as personal information. If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if you choose to remove or reject cookies, this could affect certain features of the Site or Services.

 

How Do We Use the Personal Information We Collect?

 

CloudPets LLC uses parental email in order to obtain parental consent for your children’s use of the Services and to create a parent account, which allows you to access the Parental Settings section of the CloudPets app.

 

CloudPets LLC may also use the parental email and other information parents provide, or that is automatically collected, through the Mobile App or the parent account as follows:

 

We may store and process personal information in the United States and other countries.

Does the Services enable children to make personal information publicly available?

Although parents may access Recordings created through their parent account, we do not knowingly allow children under 13 to share Recordings outside of their parent approved friends list or otherwise make any personal information publicly available.

 

What Information Do We Share With Third Parties?

We will not share the personal information we collect through the Services with third parties, except as described in this Policy. For example, we may share Recordings and other personal information as follows (subject to any applicable COPPA requirements or restrictions):

 

We may also share aggregated or anonymized information that does not constitute personal information. For example, we may share analytics and other aggregate information about users’ activities on our Services that do not contain any personal information with parties we partner with.

 

Service Providers are not authorized to use any Recordings or other personal information they receive from us for their own purposes (e.g., for purposes not related to providing, maintaining, testing, developing or improving the services and technology being provided to CloudPets LLC).. These Service Providers and other third parties may not use any Recordings, feature extracted data, transcripts or any content contained therein to contact or advertise to children.

 

International Users

 

CloudPets LLC is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing

 

and transfer of information in and to the U.S. and other countries. If information is shared in accordance with this privacy policy, it may be disclosed to overseas recipients located outside of the European Economic Area, including countries that do not have laws that protect personal information in the same manner as countries within the European Economic Area.

 

What Steps Do We Take To Protect Your Information Online?

 

We take reasonable measures to protect personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. For example, we use secure, encrypted communications when transferring all personal information over the web. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and there is no method of data transmission that can be guaranteed to protect against any interception or other type of misuse.

 

What Choices Do You Have Regarding the Use of Your Information?

 

You may choose to permanently delete your CloudPets LLC account. We will delete all personal information connected with your account when you close your account in this manner except that cached copies may exist for a certain period of time after the account is deleted.

Account deletion will be performed at your request, through the CloudPets support website located at https://cloudpets.zendesk.com/hc/ en-us.

 

Under applicable privacy legislation you may have rights of access to and correction of the personal information held by us. For example, under COPPA, parents have the right to review or have deleted any personal information (including Recordings) collected from their child that are retained by CloudPets LLC and parents may refuse to permit further collection or use of their child’s personal information. You may review and delete Recordings that are in your parent account via the Message Center page when you log in to CloudPets app. To review or request deletion of Recordings that are no longer in your parent account, but that we may retain for research and development purposes, please go to https://cloudpets.zendesk.com/hc/en-us. If you wish to stop any further collection or use of your child’s personal information, or delete your email, you must delete your account.

 

You may “opt out” of receiving marketing or promotional emails from us by following the unsubscribe instructions in those emails. Where required by applicable law, we will get your consent prior to sending you such emails.

 

Questions or Concerns?

If you have any questions about this Policy or any concerns about your

privacy, please contact us at https://cloudpets.zendesk.com/hc/en-us.