1. Eligibility and Account Registration
1.1. Eligibility Requirements
To access or use the Platform, you must be at least eighteen (18) years of age and capable of entering into a legally binding contract under the applicable laws. By accessing or registering on the Platform, you represent and warrant that you meet these eligibility requirements. If you are under the age of eighteen (18), you may access the Platform only under the supervision and with the consent of a parent or legal guardian, who shall be deemed to have accepted these Terms on your behalf and shall be responsible for your use of the Platform.
1.2. Account Registration
Certain features of the Platform, such as health record management, device pairing, veterinary consultations, appointment scheduling or product purchases, may require you to create an account (“Account”). To register an Account, you agree to provide accurate, current, and complete information as prompted during the registration process. The following information (“Registration Information”) is required at the time of registration: (a) Your full name (b) Email Address (c) Mobile Number (d) Password (e) Address: (f) Pet’s information (For features related to veterinary consultations or health record management, details such as your pet’s name, species, breed, age, and any relevant medical history may be required)(g) Payment Information (if applicable): For product purchases or paid services, valid payment details (e.g., credit/debit card number, UPI ID, or bank account details) as prompted during checkout or subscription setup.You are responsible for updating your Registration Information promptly in the event of any changes to ensure it remains accurate, current, and complete throughout your use of the Platform. You acknowledge that the provision of false, inaccurate, outdated, or incomplete Registration Information may result in the inability to access certain features of the Platform or may lead to the suspension or termination of your Account.You may register and manage multiple pets under a single Account, provided all pet information submitted is accurate, current, and complete. This includes, but is not limited to, each pet’s name, species, breed, age, medical history, and any other details required by the Platform. You are solely responsible for maintaining accurate and up-to-date health records for each pet associated with your Account.We may also permit the registration of business accounts, including those for veterinary clinic, pet-care business, or other professional entity. If you are accessing the Platform on behalf of a veterinary clinic, pet-care business, or other professional entity, you must register the Account in the name of the business and ensure that it is operated only by personnel duly authorized by the business. We reserve the right to impose additional verification or compliance requirements for such business Accounts, including but not limited to submission of business registration documents, licenses, or proof of authorization. You represent and warrant that all Registration Information provided for a business Account is accurate and that the business complies with all applicable laws and regulations.
1.3. Account Security
You are solely responsible for maintaining the confidentiality and security of your Account login credentials, including your username, password, and any one-time passwords (OTPs) or authentication codes provided to you. You agree to: (a) Not share, disclose, or permit any third party to use your login credentials; (b) Take reasonable measures to prevent unauthorized access to your Account, such as using strong, unique passwords and securing the devices used to access the Platform; and (c) Immediately notify us at support@fusionduotech.com if you suspect or become aware of any unauthorized access to, or use of, your Account, or any other breach of security.You shall be fully liable for all activities, transactions, and interactions conducted through your Account, whether authorized by you or not, unless you promptly notify us of unauthorized access and we have had a reasonable opportunity to act on such notification. We shall not be responsible for any losses, damages, or liabilities arising from your failure to safeguard your Account credentials or report unauthorized use.
1.4. Suspension, Termination, or Refusal of Access
We reserve the right, at our sole discretion and without prior notice, to:(a) Refuse registration of an Account if we determine that you do not meet the eligibility criteria, have provided inaccurate, false, misleading, or incomplete Registration Information, or are otherwise in violation of these Terms or applicable laws.(b) Suspend or terminate your access to the Platform or your Account, either temporarily or permanently, if:- We detect or suspect fraudulent, abusive, or illegal activity associated with your Account;
- You breach any provision of these Terms or any applicable laws, regulations, or third-party rights;
- Your use of the Platform poses a risk to the security, integrity, or functionality of the Platform or adversely affects other users; or
- We are required to do so by law or a governmental authority.
(c) Take any other action we deem necessary to protect the Platform, our users, or our business interests.In the event of suspension or termination, you will be notified via the email address associated with your Account, where feasible, and you may lose access to any data, content, or features linked to your Account, subject to applicable laws regarding data retention and user rights. 1.5. Non-Transferability of Account
Your Account is personal to you and is intended for your individual use only. You may not transfer, assign, sublicense, or otherwise delegate your Account or any rights or obligations under these Terms to any third party without our prior written consent. Any attempt to do so without such consent shall be null and void and may result in the immediate termination of your Account.
1.6. Verification and Additional Information
We reserve the right to verify your Registration Information or request additional information from you at any time to confirm your eligibility, ensure compliance with these Terms, or meet legal or regulatory requirements. This may include, but is not limited to, requesting copies of government-issued identification, proof of address, or additional pet-related documentation. Failure to provide such information within a reasonable timeframe may result in the suspension or termination of your Account.
1.7. Inactive Accounts and Data Minimisation
We reserve the right to deactivate or delete Accounts that remain inactive—meaning no logins, transactions, or updates—for a continuous period of twelve (12) months or more. Prior to such deactivation or deletion, we will attempt to notify you via the email address or mobile number associated with your Account, where feasible, giving you an opportunity to reactivate your Account. Data associated with dormant Accounts will be retained or deleted in accordance with applicable laws, including the Digital Personal Data Protection Act, 2023 (if applicable), and our Privacy Policy.
2. Service
2.1. Overview of Services
The Platform is designed to empower pet parents by providing a suite of digital tools and services aimed at enhancing the health, safety, and overall well-being of their pets (collectively referred to as the “Services”). These Services include, but are not limited to:(a) Real-Time Health Monitoring: Integration with wearable devices such as smart collars, wearable sensors, or other IoT-enabled hardware (“Devices”) to track and monitor your pet’s vital signs, activity levels, and other health metrics in real time.(b) Veterinary Consultations: Access to virtual or in-person consultations with licensed veterinary professionals through the Platform.(c) Electronic Health Record (EHR) Management: Tools to create, store, and manage your pet’s health records, including medical history, vaccination schedules, and treatment plans.(d) Geo-Location Tracking: Features to monitor your pet’s location using compatible Devices, subject to applicable privacy settings and consents.(e) Reminders and Alerts: Automated notifications for vaccinations, routine check-ups, medication schedules, or other pet-care tasks.(f) Product Recommendations and E-Commerce: Personalized recommendations for pet-related products and services, along with an online marketplace for purchasing goods such as food, accessories, and wellness items.(g) Social Community: Access to a network of pet owners, service providers, and experts for sharing experiences, advice, and support.We may expand, modify, or discontinue any of the Services at our sole discretion, with or without prior notice, to improve functionality, comply with legal requirements, or meet evolving user needs. Your continued use of the Platform following such changes constitutes your acceptance of the updated Services.
2.2. Device Integration
Certain Services, such as real-time health monitoring and geo-location tracking, require you to pair a FurField-compatible Device with your Account. Upon activation, the Device will collect and transmit data related to your pet’s health, activity, and location (“Device Data”) to the Platform. This Device Data will be processed and displayed to you via the Platform’s mobile application or web interface in the form of insights, alerts, or reports. You may also choose to share this Device Data with veterinary professionals or other authorized parties through the Platform for consultation or care purposes. All Device Data is stored securely in accordance with our Privacy Policy and applicable data protection laws, including the Digital Personal Data Protection Act, 2023 (if applicable).You are responsible for ensuring that the Device is properly installed, maintained, and used in accordance with the manufacturer’s instructions and any guidelines provided by us. We are not liable for any inaccuracies in Device Data resulting from improper use, malfunction, or failure of the Device.
2.3. Subscription and Pricing
Access to certain Services or features may be contingent upon: (a) Subscription to a paid plan, with fees disclosed at the time of enrollment; (b) Purchase of a FurField-compatible Device; or (c) Payment of applicable charges for individual Services, such as consultations or product purchases.We reserve the right to determine the scope, functionality, pricing, and availability of the Services at our discretion. Pricing and subscription terms will be communicated to you through the Platform prior to your enrollment or purchase, and your use of paid Services constitutes acceptance of those terms. We may offer promotional discounts, trials, or tiered plans, which may be subject to additional conditions.
2.4. Third-Party Services
Some Services may be facilitated or provided by third-party partners, including but not limited to veterinary clinics, product vendors, logistics providers, insurers, or technology providers (collectively, “Third-Party Providers”). Your use of such Third-Party Services is subject to the terms and conditions, privacy policies, and fees established by the respective Third-Party Providers, in addition to these Terms. We are not responsible for the quality, availability, or performance of Third-Party Services, nor for any disputes, losses, or damages arising from your interactions with Third-Party Providers. You agree to resolve any issues related to Third-Party Services directly with the relevant provider.
2.5. Limitations of Services
While the Platform provides tools to generate health-related insights, facilitate veterinary consultations, and manage pet care, it is not a substitute for professional veterinary advice, diagnosis, or treatment. The Services are intended to support, not replace, the expertise of qualified veterinarians. You acknowledge and agree that: (a) Any insights, reports, or recommendations generated by the Platform are based on the data provided by you or your Device and may not account for all factors affecting your pet’s health; (b) You are solely responsible for verifying the accuracy of such information and for any decisions or actions you take based on the Services, including whether to seek in-person veterinary care; and (c) We do not guarantee the accuracy, completeness, or timeliness of the Services, including Device Data or third-party contributions.
2.6. Modifications to Services
We may introduce new features, enhance existing ones, or discontinue certain Services at any time, at our sole discretion, to adapt to technological advancements, user feedback, or business requirements. Such modifications may affect the functionality, availability, or cost of the Services. Where feasible, we will notify you of significant changes via the App, email, or other communication channels linked to your Account. Your continued use of the Platform after such modifications signifies your consent to the updated Services.
2.7. User Responsibilities
You agree to use the Services in a manner consistent with these Terms and applicable laws. This includes: (a) Providing accurate and complete information when using the Services, including pet-related data for EHRs or consultations; (b) Ensuring proper use and maintenance of any Device paired with your Account; (c) Reviewing and acting upon reminders, alerts, or insights in a timely manner, where applicable; and (d) Complying with any additional terms imposed by Third-Party Providers when accessing their services through the Platform. Failure to adhere to these responsibilities may result in the suspension or termination of your access to the Services.
3. User Responsibilities and Conduct
3.1. General Obligations
You agree to use the Platform and Services in a lawful, responsible, and respectful manner in compliance with these Terms and applicable laws. You shall not use the Platform for any purpose that is prohibited by these Terms or that violates any applicable law, regulation, or contractual obligation you may have with third parties, or infringes upon the rights of others.
3.2. Accuracy and Content
You are solely responsible for the accuracy, completeness, and legality of any information, data, or content you provide, upload, or share through the Platform ("User Content"). This includes, but is not limited to: (a) Details about your pet(s), such as health records, behavioral information, or identification data; (b) Reviews, feedback, or ratings of Services, veterinarians, or products; and (c) Communications with other users, veterinary professionals, or third-party service providers.You represent and warrant that your User Content: (a) Is truthful, accurate, and not misleading; (b) Does not infringe upon the intellectual property rights (e.g., copyrights, trademarks), privacy rights, publicity rights, or any other legal rights of any third party; and (d) Complies with all applicable laws and does not promote or facilitate illegal activities.We reserve the right to remove, edit, or restrict any User Content that we determine, in our sole discretion, violates these Terms or is otherwise inappropriate, without prior notice to you.
3.3. Prohibited Activities
You agree not to engage in any conduct that disrupts, damages, or exploits the Platform, its users, or its underlying systems. Specifically, you shall not: (a) Interfere with or attempt to gain unauthorized access to the Platform, its servers, databases, networks, or any associated systems, including through hacking, phishing, or other malicious means; (b) Introduce or transmit viruses, malware, trojans, worms, spyware, or any other harmful or destructive code that could impair the functionality or security of the Platform; (c) Engage in data scraping, data mining, reverse engineering, decompiling, or any other activity intended to extract, replicate, or manipulate the Platform’s code, content, or features; (d) Use automated tools, bots, or scripts to access, monitor, or interact with the Platform without our express written permission; or (e) Overload, flood, or otherwise attempt to disrupt the Platform’s operations, including through denial-of-service attacks or similar tactics.
3.4. Misrepresentation and Fraud
You shall not: (a) Impersonate any individual, entity, or pet, or falsely represent your identity, affiliation, or authority; (b) Misrepresent the health, condition, or ownership of any pet associated with your Account; or (c) Attempt to deceive, defraud, or mislead other users, veterinary professionals, third-party service providers, or us, including through the submission of false information or fraudulent transactions. Any such actions may result in immediate suspension or termination of your Account, as well as potential legal consequences.
3.5. Content Standards
You agree not to use the Platform to transmit, upload, or share any User Content that: (a) Is defamatory, libelous, slanderous, obscene, pornographic, offensive, abusive, hateful, harassing, threatening, or otherwise objectionable; (b) Promotes violence, discrimination, or harm based on race, religion, ethnicity, gender, sexual orientation, disability, or any other protected characteristic; (c) Encourages or facilitates illegal activities, including the sale or distribution of prohibited substances or services; and (d) Violates the dignity, privacy, or well-being of pets or other animals.We reserve the right to determine, in our sole discretion, whether any User Content violates these standards and to take appropriate action, including removal of the content and restriction of your access to the Platform.
3.6. Compliance with Service Conditions
Your access to certain Services may be subject to additional conditions, including but not limited to: (a) Verification of your identity or pet-related information; (b) Payment of applicable fees, subscriptions, or charges; and (c) Use of a compatible FurField Device and adherence to its setup and maintenance requirements. You agree to comply with all such conditions as communicated through the Platform. Failure to meet these requirements may limit your ability to access specific features or result in suspension or termination of your Account, as outlined in these Terms.
3.7. Consequence of Non-compliance
We reserve the right to investigate and take action if we believe, in our sole discretion, that you have violated any provision of this section or engaged in conduct that is harmful, unlawful, or otherwise inappropriate. Such actions may include, but are not limited to: (a) Suspension or termination of your Account and access to the Platform; (b) Removal or restriction of your User Content; and (c) Reporting your conduct to relevant authorities or pursuing legal remedies, where applicable.
3.8. Reviews, Ratings, and Feedback Integrity
If the Platform enables you to submit reviews, ratings, or feedback in relation to veterinarians, services, products, or other users, you agree to provide honest, accurate, and constructive information based solely on your genuine experience. You shall not post reviews or ratings that are false, misleading, defamatory, malicious, or intended to unfairly influence the reputation or credibility of any individual, business, product, or service. You further agree not to engage in any form of manipulation, including coordinated campaigns, incentives, or artificial boosting or suppression of reviews or ratings.We reserve the right to moderate, edit, or remove any review, rating, or feedback that, in our sole discretion, violates these Terms, our community standards, or applicable law.
3.9. Reporting Violations and Platform Moderation
If you become aware of any User Content, conduct, or activity on the Platform that you believe violates these Terms, applicable law, or infringes upon your rights or the rights of others, you are encouraged to report such violations through the Platform’s reporting tools or by contacting our designated Grievance Officer as specified in these Terms.We may, but are not obligated to, review all such reports and take appropriate action in accordance with our internal moderation policies and applicable legal obligations. Reporting a violation does not guarantee that content will be removed or that specific action will be taken. Our decisions regarding moderation, takedown, or enforcement shall be final and made at our sole discretion.
4. Payments and Subscriptions
4.1. Fee for Services
Certain features and Services on the Platform, including but not limited to veterinary consultations, purchase of FurField-compatible Devices, premium pet-care tools, health insights, or other functionalities, may require payment of fees (“Fees”). These fees may take the form of:(a) Subscription Fees: Recurring charges for access to ongoing Services (e.g., health monitoring plans or premium memberships);(b) Usage-Based Charges: Fees tied to specific actions or services (e.g., per-consultation fees);(c) One-Time Purchase Costs: Payments for physical products (e.g., Devices) or standalone digital offerings.Details of applicable fees (“Fees”), including amounts, billing cycles, and available payment methods, will be clearly disclosed to you at the time of purchase or subscription through the Platform. Supported payment methods include credit/debit cards, UPI, net banking, and digital wallets, as available. You authorize us or our third-party payment providers to charge your selected payment method upon transaction confirmation.
4.2. Payment Terms
All Fees shall be denominated and payable in United States Dollars (USD), Sri Lankan Rupees (LKR), or Indian Rupees (INR), as applicable and expressly stated at the time of the transaction. Fees are inclusive of applicable taxes, including but not limited to Goods and Services Tax (GST) under Indian law or any similar applicable taxes under relevant jurisdiction. By initiating or confirming a transaction on the Platform, you authorize us, or our designated third-party payment service providers, to charge the applicable Fees to your selected payment method. Supported payment methods may include, but are not limited to:(a) Credit or debit cards;(b) Unified Payments Interface (UPI);(c) Net banking;(d) Digital wallets; or(e) Other options as made available on the Platform.You represent and warrant that you are authorized to use the payment method provided and that the payment information submitted is accurate and complete.
4.3. Recurring Subscriptions
If you subscribe to a recurring Service, you agree that the applicable Subscription Fees (including any rebates or discounts applicable to annual or monthly plans) will be automatically charged to your designated payment method at the start of each renewal period (e.g., monthly, quarterly, or annually, as specified at enrollment). Please note that all applicable discounts or promotional pricing will be clearly indicated to you at the time of purchasing the subscription. You authorize us to process these recurring payments without requiring additional consent for each charge, provided the Fees remain consistent with the terms disclosed to you.
4.4. Changes to Pricing and Terms
We reserve the right to revise our pricing, introduce new Fees, or modify the terms of existing payment plans at our discretion. In such cases, we will provide reasonable advance notice through email, push notification, or an update on the Platform. Continued use of the Services following such notification shall be deemed acceptance of the updated terms.
4.5. Payment Failures and Disputes
In the event a payment fails or is declined, we may suspend or restrict your access to paid Services until the outstanding amount is successfully paid. If you believe you were incorrectly charged or encounter a billing error, you must notify us within seven (7) days of the charge by contacting us (you can find relevant contact details at our “Contact Us” page which is available in our App and Website both). When submitting a dispute, please include: (a) Your Account details (e.g., registered email or mobile number); (b) The date and amount of the disputed charge; and (c) A brief explanation of the issue. We may request supporting documentation (e.g., payment receipts or screenshots) to investigate your claim. We will typically respond within thirty (30) days. Any resolution, including refunds or adjustments, will be at our discretion, subject to applicable law. We may also: (a) attempt to reprocess the payment using the same method; (b) suspend or restrict access until payment, including any penalties or reprocessing fees, is complete; or (c) notify you to update your payment method or settle dues.
4.6. Refund Policy
All payments made for Services, Devices, or subscriptions are non-refundable unless it is explicitly stated otherwise in our cancellation or refund policy, as published on the Platform or is required under applicable law. We in our sole discretion may determine that a refund is warranted due to exceptional circumstances. Refund requests must be submitted in writing to support@fusionduotech.com and will be processed in accordance with the terms outlined at the time of purchase or subscription.
4.7. Third Party Payment Providers
Payments may be processed by third party payment service providers, including payment gateways engaged by us to facilitate secure transactions. Your use of these services is subject to the terms and conditions, privacy policies and fees established by the respective payment gateways or payment aggregators, in additions to these Terms. You agree and acknowledge that we are not responsible for any delays, errors, transaction failures, or additional charges imposed by these third party providers, your failure, or additional charges imposed by these third party providers, or your financial institution in connection with processing the payment. You agree and acknowledge to resolve any issues related to payment processing directly with the relevant third party provider, wherever applicable.
5. Cancellations and Refunds
5.1. Cancellation of Subscriptions and Services
You may cancel a subscription or a scheduled Service, such as a veterinary consultation, product delivery, or other booked feature at any time, subject to the specific cancellation timelines and policies outlined on the Platform. These details, including applicable cancellation windows, deadlines, and any associated charges or refund eligibility, will be clearly communicated to you at the time of booking, purchase, or subscription enrollment through the Platform.
5.2. Cancellation of Subscriptions
You may cancel a recurring subscription at any time through your Account settings on the Platform or by contacting us at support@fusionduotech.com. Cancellation will take effect at the end of the current billing period, and you will retain access to the subscribed Services until that period concludes. No refunds or prorated credits will be issued for the unused portion of a billing period unless explicitly stated in our cancellation policy or mandated by applicable law. Instructions for cancellation and any specific deadlines will be provided on the Platform.
5.3. Cancellation of Product Orders
For product purchases made through the Platform, including FurField-compatible Devices, pet-care accessories, or other goods, you may cancel your order or request a return or replacement within the time period and under the conditions specified in our return policy, which will be accessible on the Platform at the time of purchase. The Platform integrates third-party e-commerce websites, either in a white-labeled form (branded as part of the Platform) or as-is (retaining the third-party’s branding), to facilitate product sales. Cancellation eligibility may depend on: (a) The order status (e.g., whether it has been processed, shipped, or delivered); (b) The applicable cancellation window (e.g., within 24 hours of placing the order, prior to shipment); (c) Any specific product category restrictions (e.g., perishable items or custom-made goods); (d) The policies of the third-party e-commerce provider, where applicable.Details of the cancellation process, including how to initiate a cancellation and any associated, will be provided at the point of sale or in the return policy. For orders placed through third-party e-commerce integrations, cancellation terms may also be subject to the third-party’s policies, which will be disclosed at the time of purchase.
5.4. Defective Products and Replacement
All payments for products, including FurField-branded Devices, are non-refundable. If a product is found to be defective due to manufacturing issues, our sole obligation is to provide a replacement unit, subject to verification under the applicable warranty terms. No monetary refunds will be issued unless required by applicable law or if a replacement unit is unavailable.FurField Devices come with a limited one (1) year warranty from purchase date, covering manufacturing defects but excluding damage from misuse, neglect, tampering, or external factors (e.g., water damage, physical breakage). To claim a replacement under warranty:(a) Contact us at [insert email] within the warranty period, providing proof of purchase and defect description of the defect (eg., photos, description, etc)(b) Ship the defective product to a return address specified by us based on your country of residence. You will be responsible for the cost of return shipping, unless we specify otherwise.(c) Upon verification of the defect, we’ll dispatch a replacement unit within fifteen (15) business days, subject to stock availability. If a replacement is not available, you will be entitled to a refund for the defective product Please note that, normal wear, user error, or third party product defects are not covered in this warranty. Replacement requests outside warranty or for non-defective issues may be declined at our discretion.
5.5. Refund Process
Where a refund is approved, it will be processed to your original payment method (e.g., credit card, UPI, or bank account) within a reasonable period, typically within ten (10) to fifteen (15) business days from approval, subject to the processing timelines of banks, payment gateways, or payment aggregators. For purchases made through third-party e-commerce integrations, refund timelines may vary based on the third-party’s processing schedule, and we will inform you of any deviations at the time of refund approval. We are not liable for delays caused by third-party payment processors, e-commerce providers, financial institutions, or network operators. The refunded amount will include the Fees paid, less any applicable deductions, and will be detailed in the refund confirmation provided to you.
5.6. Refusal or Refund or Cancellation Requests
We reserve the right to refuse a cancellation or refund request if we reasonably determine, in our sole discretion, that: (a) The request is fraudulent, abusive, or made in bad faith (e.g., repeated cancellations to exploit promotions); (b) The cancellation or return does not comply with the timelines, conditions, or policies specified on the Platform or by the third-party e-commerce provider; (c) The product has been used beyond reasonable inspection or damaged by you, rendering it ineligible for return; or (d) The request violates these Terms or applicable law.We may also deny refunds for non-refundable items or Services explicitly designated as such at the time of purchase (e.g., digital downloads, personalized products), whether offered directly by us or through third-party e-commerce integrations.All decisions regarding eligibility for cancellations, refunds, or replacements are made at our sole discretion, in accordance with these Terms, our published policies, and applicable Indian laws. For transactions involving third-party e-commerce integrations, decisions may also reflect the third-party’s policies, which we will enforce on their behalf where applicable. Such decisions are final and binding. We will notify you of the outcome of your request via email or through the App, including an explanation where a request is denied.
5.7. Third Party Transactions
The Platform integrates third-party e-commerce websites, either in a white-labeled form (presented under our branding) or as-is (retaining the third-party’s branding), to offer a broader range of products and services. If a Service or product is provided or fulfilled by a third-party partner, including e-commerce providers, veterinary clinics, or logistics companies, cancellation and refund terms may be subject to the policies of the respective third-party, in addition to these Terms. We will facilitate communication with the third-party e-commerce provider and provide access to their applicable policies at the time of purchase, but you may need to resolve disputes directly with them for issues specific to their offerings (e.g., shipping delays, product quality). We are not responsible for delays, denials, or additional conditions imposed by third-party policies or actions.
6. Use of Devices and Health Data
6.1. Certain Services on the Platform are enabled through the use of FurField-branded Devices, such as smart collars, wearable sensors, or other IoT-enabled hardware, designed to monitor and track your pet’s physical condition, behavior, and location. These Devices may collect data including, but not limited to, temperature, heart rate, respiratory rate, activity levels, rest cycles, caloric expenditure, geolocation coordinates, and acoustic data (eg., barking, whining, wheezing or other pet related sounds) (collectively referred to as “Health Data”). By purchasing, activating, or using a Device, you: (a) acknowledge and consent to the collection and processing of such Health Data, including sound data captured via acoustic sensors; (b) agree to follow all Device-specific instructions or manuals provided by us; and (c) waive any claims or liability against us arising from the lawful and intended use of acoustic sensors as described, subject to applicable privacy and data protection laws..
6.2. Collection and Processing of Health Data
When you pair a Device with your Account and activate it, you authorize the Platform to: (a) Collect Health Data generated by the Device; (b) Transmit such data to our servers via wireless or cellular networks; (c) Process and analyze the Health Data to generate insights, alerts, or reports; (d) Store the Health Data securely in accordance with our Privacy Policy and applicable laws.Health Data is displayed to you through the Platform for your review and use. You may also opt to share this data with veterinary professionals, third-party service providers, or other authorized individuals for purposes such as diagnosis, treatment recommendations, wellness monitoring, or emergency response. Data-sharing preferences can be managed through your Account settings or consent mechanisms provided on the Platform.
6.3. User Responsibilities for Device Use
To ensure the accuracy and reliability of Health Data, you are responsible for:(a) Properly pairing the Device with your Account using the App and maintaining an active connection;(b) Ensuring the Device is worn or used by your pet in accordance with the usage instructions, sizing guidelines, and safety recommendations provided by us;(c) Regularly charging the Device and maintaining its battery levels;(d) Keeping the Device clean, undamaged, and free from tampering or modifications not authorized by us;(e) Updating the Device firmware or software as prompted by the App to maintain compatibility and performance.We are not responsible for inaccuracies, omissions, or gaps in Health Data resulting from improper usage, Device malfunction, low battery, environmental interference (e.g., signal disruptions), physical damage, or other factors beyond our reasonable control. You acknowledge that failure to follow these responsibilities may limit the functionality of the Services or affect the quality of Health Data.
6.4. Limitation of Health Data
While Health Data generated by the Device and analyzed by the Platform may provide valuable insights into your pet’s well-being (e.g., activity trends, potential health alerts), it is not intended to serve as a substitute for professional veterinary care. The Platform does not independently verify, diagnose, or interpret Health Data beyond the automated analytics tools embedded in the App. You understand and agree that Health Data is provided for informational purposes only and may not capture all aspects of your pet’s health and any insights, alerts, or reports are based solely on the data collected and may not account for external factors or should consult a qualified veterinary professional for any health concerns, symptoms, or anomalies identified through the Device or Platform, rather than relying solely on the Health Data.We do not guarantee the completeness, accuracy, or timeliness of Health Data or its suitability for any specific purpose, including medical decision-making.
6.5. Data Transmission and Security
Health Data is transmitted from the Device to the Platform over wireless networks (e.g., Wi-Fi, cellular) or Bluetooth connections. While we implement industry-standard safeguards such as encryption, secure servers, and access controls to protect Health Data in transit and at rest, we cannot guarantee uninterrupted transmission or absolute security against all potential risks (e.g., cyberattacks, network failures). By using the Device, you acknowledge and accept these inherent limitations and consent to the collection, transmission, processing, and storage of Health Data as described in this section and our Privacy Policy.
6.6. Consent and Control Over Data
You retain control over how your data is shared or used beyond the core functionality of the Platform. You may: (a) Adjust sharing permissions (e.g., with veterinarians or third parties) through your Account settings; (b) Revoke consent for specific data uses, subject to any legal or technical limitations (e.g., data already shared or processed); and (c) Request deletion, as provided under our Privacy Policy and applicable law, though certain data may be retained for compliance or operational purposes.If you choose to share your data or the Health Data with third parties (e.g., veterinary clinics, insurers), their use of the data will be governed by their own terms and privacy policies, and we are not responsible for their actions or compliance.
6.7. Device Ownership and Maintenance
The Device remains your property once purchased and you are responsible for any costs associated with repairing or replacing a Device due to loss, theft, or damage not covered by warranty and disposing of the Device responsibly at the end of its lifecycle, in accordance with applicable e-waste regulations.We provide a limited warranty for Devices as outlined in the Device documentation or purchase terms, covering manufacturing defects but not misuse, neglect, or unauthorized modifications.
6.8. Third-Party Integrations and Dependencies
The functionality of Devices and Health Data may rely on third-party technologies, such as cellular networks, GPS satellites, or software APIs. We are not liable for interruptions, inaccuracies, or unavailability of Health Data caused by third-party failures, including network outages, geolocation service disruptions, or changes to third-party terms of service. Where Devices integrate with third-party e-commerce platforms or services, additional terms may apply, as communicated at the point of purchase or use.
6.9. Emergency Situations
In the event Health Data indicates a potential emergency (e.g., abnormal vitals, geolocation outside a safe zone), the Platform may generate an alert to notify you or, with your prior consent, a designated emergency contact. However, we do not guarantee real-time detection or response to emergencies and are not liable for any outcomes resulting from reliance on such alerts. You remain responsible for monitoring your pet’s condition and taking appropriate action.
6.10. Termination of Device Use
If you discontinue using the Device or terminate your Account, Health Data collection will cease once the Device is unpaired or deactivated. Retained Health Data will be handled in accordance with our Privacy Policy and applicable retention laws. You may need to contact us at support@fusionduotech.com to ensure proper deactivation and data management.
6.11. Intellectual Property in Health Data Insights
While you own the raw Health Data generated by your pet’s Device, we retain intellectual property rights in the algorithms, analytics tools, and aggregated insights developed from processing Health Data. We may use anonymized or aggregated Health Data (stripped of personal identifiers) for research, product improvement, or statistical purposes, as detailed in our Privacy Policy, without further compensation to you.
7. Disclaimer
7.1. The Platform, its Services, and any associated FurField-branded Devices are provided on an “as is” and “as available” basis, without any warranties, representations, or guarantees of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, including but not limited to: (a) Warranties of accuracy, completeness, timeliness, reliability, or availability of the Platform, Services, or Health Data; (b) Warranties of merchantability, fitness for a particular purpose, or non-infringement; (c) Warranties that the Platform or Services will meet your specific needs, expectations, or requirements; (d) Warranties that the Platform will operate uninterrupted, securely, error-free, or free from viruses, malware, or other harmful components; and (e) Warranties that any defects, bugs, or technical issues identified in the Platform, Services, or Devices will be corrected.You acknowledge that your use of the Platform and Services is at your sole risk, and we do not guarantee continuous, uninterrupted, or fault-free access or performance.
7.2. While we strive to provide useful insights, reminders, alerts, and reports based on Health Data collected through Devices or user inputs, we do not warrant or guarantee: (a) The accuracy, completeness, reliability, or timeliness of Health Data or any derived insights, alerts, or recommendations; (b) The suitability of Health Data or insights for any specific purpose, including pet health management or decision-making; and (c) The absence of errors, omissions, or delays in the collection, transmission, processing, or display of Health Data due to Device malfunctions, network issues, environmental factors, or other causes.All Health Data, insights, and related information provided through the Platform are for informational purposes only and are not intended to replace, substitute, or supplement professional veterinary advice, diagnosis, treatment, or care. You are solely responsible for verifying the accuracy of Health Data and consulting a qualified veterinary professional for any health-related concerns or decisions.
7.3. Veterinary Consultations
Veterinary consultations facilitated through the Platform are provided by independent third-party veterinary professionals or clinics (“Veterinary Providers”). We do not: (a) Employ, control, or supervise these Veterinary Providers; (b) Endorse, verify, or guarantee their credentials, qualifications, expertise, availability, or performance; and (c) Assume any responsibility or liability for the accuracy, appropriateness, or outcomes of their advice, diagnoses, treatments, or services.Your interactions with Veterinary Providers are at your own risk, and any disputes, claims, or liabilities arising from their conduct or services must be resolved directly with them. We act solely as a facilitator of such consultations and disclaim all liability for their actions or omissions.
7.4. Third-Party Products and Services
The Platform may integrate or offer products, services, or content from third-party providers, including e-commerce websites (white-labeled or as-is), logistics providers, or insurers. We do not warrant or guarantee: (a) The quality, safety, availability, or suitability of third-party products or services; (b) The performance, delivery, or condition of products purchased through third-party integrations; and (c) the accuracy or reliability of third-party content, recommendations, or advertisements.Your use of third-party products or services is governed by their respective terms and conditions, and we are not liable for any issues, damages, or losses arising from such interactions.
7.5. User Responsibility and Risk
You are solely responsible for all decisions, actions, or inactions taken in connection with your use of the Platform, Services, or Devices, including but not limited to: (a) Reliance on Health Data, insights, alerts, or product recommendations; (b) Choices made based on veterinary consultations or third-party services; and (c) Use, maintenance, or disposal of Devices.We shall not be liable for any loss, damage, injury, death, or harm to your pet, yourself, or any third party, whether direct or indirect, arising from your use of or reliance on the Platform, Services, or Devices, except where such liability is proven to result solely from our gross negligence or willful misconduct, as determined by a court of competent jurisdiction.
7.6. Exclusion of Liability
We disclaim all liability for issues arising from factors beyond our reasonable control, including but not limited to: (a) Internet or network outages, power failures, or hardware malfunctions affecting Platform access or Device functionality; (b) Environmental conditions (e.g., weather, interference) impacting Device performance or Health Data accuracy; (c) Acts of God, natural disasters, pandemics, war, terrorism, or governmental actions; and (d) Your failure to follow Device instructions, maintain Account security, or provide accurate information.
7.7. To the fullest extent permitted by applicable law, we disclaim all liability for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data goodwill, reputation, revenue, savings, or business opportunities; Costs of substitute goods, services, or veterinary care; Emotional distress, inconvenience, or property damage; arising out of or in connection with your use of the Platform, Services, or Devices, even if we have been advised of the possibility of such damages or if such damages were foreseeable.
7.8. We make no representations or warranties regarding the compatibility of the Platform or Devices with your specific hardware, software, or network environment; availability of updates, upgrades, or support for Devices or the Platform over time; and the ability of the Platform to integrate seamlessly with third-party systems or services. You are solely responsible for ensuring your equipment and connectivity meet the minimum requirements specified on the Platform.
7.9. No Endorsement of User Content
Any content, reviews, feedback, or information provided by users or third parties through the Platform does not reflect our views or opinions. We do not endorse, verify, or assume responsibility for the accuracy, legality, or appropriateness of such content, and we disclaim all liability for any reliance you place on it.
7.10. Nothing in this Disclaimer shall exclude or limit liability that cannot be disclaimed under applicable Indian law, such as liability for fraud, misrepresentation, or death or personal injury caused by our negligence, as provided under the Consumer Protection Act, 2019, or other relevant statutes. Where our liability cannot be excluded, it shall be limited to the maximum extent permitted by law. By using the Platform, Services, or Devices, you acknowledge and accept the inherent risks associated with digital services, wearable technology, and pet health monitoring, including potential technical failures, data inaccuracies, or unforeseen outcomes. You agree that your decision to use the Platform is voluntary and that you assume full responsibility for the consequences of such use, except as expressly provided herein.
8. Intellectual Property Rights
8.1. All rights, title, and interest in and to the Platform Devices, software, algorithms, analytics models, databases, user interfaces, designs, content (excluding User Content), logos, trademarks, service marks, trade names, brand elements, and all related documentation, whether registered or unregistered under applicable laws are and shall remain the sole and exclusive property of the Company or its licensors. This includes all intellectual property rights, such as copyrights, patents, trademarks, trade secrets, and any other proprietary rights, whether existing now or arising in the future. Nothing in these Terms shall be construed as transferring, assigning, or granting to you any ownership, license, or rights in or to the Company’s intellectual property, except for the limited usage rights expressly provided in these Terms. All rights not expressly granted herein are reserved by the Company.
8.2. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform solely for your personal and non-commercial use in accordance with the functionalities made available to you. You shall not copy, modify, distribute, sell, lease, reverse engineer, decompile, disassemble, translate, or create derivative works from any part of the Platform or its content, except with our prior written consent.
8.3. Any feedback, suggestions, comments, or ideas submitted by you to us regarding the Platform (“Feedback”) shall be deemed to be non-confidential and non-proprietary. You agree that we shall be free to use such Feedback, without any obligation to compensate you, for any purpose, including but not limited to improving the Platform or developing new products or services.
8.4. You retain ownership of any content or information that you upload, submit, or transmit through the Platform, including your pet's profile, health records, journal entries, or reviews (“User Content”). By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, sub licensable, and transferable license to: (a) use, reproduce, distribute, display, modify, adapt, and store such content for the purpose of providing and improving the Services; (b) Create aggregated or anonymized data sets derived from User Content for research, analytics, or product enhancement, provided such data does not identify you or your pet; and (c) Retain Use Content as required for legal compliance, backup, or operational purposes, even after Account termination, subject to our Privacy Policy. You represent and warrant that: (a) you have all necessary rights, permissions, and consents and permissions to grant this license; (b) Your User Consent does not infringe, misappropriate, or violate any third party intellectual property rights or other legal rights; (c) You User Content complied with these Terms and applicable laws.
8.5. You agree and acknowledge that you shall not use the Platform or Service to infringe, misappropriate or violate the intellectual property rights of the Company or any third party. This includes, but not limited to: (a) Uploading User Content that you do not own or have permission to use; (b) Attempting to replicate, reproduce or redistribute the Platform’s proprietary features, designs, or technology; (c) Using the Company’s trademarks, logos, or branding in any manner without prior written approval. We reserve the right to take any appropriate legal actions, including seeking injunctions, damages, etc., against any infringement of our intellectual property rights.
8.6. We reserve the right, at our sole discretion and without prior notice, to remove, edit, or restrict access to any User Content that we believe: (a) Violates these Terms, including intellectual property or content standards; (b) Infringes the rights of third parties or applicable law; (c) Poses a risk to the reputation, functionality, security, or integrity of the Platform; and (d) Is otherwise objectionable or inappropriate. Removal of User Content does not terminate the license granted under this Terms, and we may retain copies as necessary for legal or operational purposes, as outlined in our Privacy Policy.
8.7. The Platform may include or integrate third-party content, software, or services (e.g., APIs, e-commerce integrations) protected by their own intellectual property rights. Your use of such third-party elements is subject to their respective terms and licenses, and we disclaim any ownership or liability for them. You agree not to infringe upon or misuse third-party intellectual property accessed through the Platform.
8.8. We reserve the right to enforce our intellectual property rights to the fullest extent permitted by law. If we suspect or detect unauthorized use, reproduction, or infringement of our intellectual property, we may: (a) Suspend or terminate your Account; (b) Pursue legal remedies, including injunctive relief, monetary damages, and recovery of legal costs; and (c) Report violations to relevant authorities or intellectual property registries. You agree to indemnify us against any claims, losses, or damages arising from your misuse of the Platform’s intellectual property or violation of this section.
8.9. Your use of the Platform or Services does not confer any implied rights, licenses, or permissions beyond those expressly granted herein. Any unauthorized use of our intellectual property is strictly prohibited and may result in civil, criminal, or administrative consequences under applicable laws.
9. Termination
9.1. These Terms shall remain in full force and effect for as long as you access or use the Platform, its Services, or any FurField-branded Devices, unless terminated earlier in accordance with this section. Your continued use of the Platform constitutes your acceptance of these Terms until termination occurs as described below.
9.2. You may voluntarily terminate your relationship with the Platform by deactivating or deleting your Account at any time. To do so, you may: (a) use the deactivation or deletion options provided in the settings of the mobile application (“App”) or website; and (b) Submit a written request to us at support@fusionduotech.com, specifying your intent to terminate your Account.
9.3. Upon successful deactivation or deletion: (a) Your access to the Platform and Services will cease immediately or as soon as technically feasible; (b) We may delete or retain your data in accordance with our Privacy Policy and applicable laws, including but not limited to the Information Technology Act 2000, or any data retention obligations; (c) You will no longer be able to access your Account, Health Data, or any associated Services, and we are not obligated to restore or provide copies of such data unless required by law. You acknowledge that deactivation or deletion is irreversible, and any subscriptions or paid Services will be governed by the cancellation terms.
9.4. We reserve the right, at our sole discretion, to suspend, restrict, or permanently terminate your access to the Platform, your Account, or any Services, with or without prior notice, under the following circumstances:(a) If we determine that you have violated any provision of these Terms, including but not limited to misuse of Services, infringement of intellectual property, or engage in prohibited conduct;(b) If you provide false, inaccurate, incomplete, or misleading information during registration, use, or interactions with the Platform;(c) If you engage in fraudulent, illegal, or unethical activities, including but not limited to hacking, data scraping, or harming the Platform, other users, pets, or third-party service providers;(d) If your actions compromise the security, functionality, reputation, or operational integrity of the Platform (e.g., introducing malware, overloading servers);(e) Legal or Regulatory Requirements: If we are required to terminate your access by applicable law, regulation, court order, or directive from a competent authority (e.g., under the Information Technology Act, 2000, or judicial mandate);(f) For any other reason we deem necessary to protect our interests, users, or third parties, including discontinuation of the Platform or Services.Termination may be immediate in cases of severe violations (e.g., fraud, illegal activity) or preceded by a suspension period with an opportunity to remedy minor breaches, at our discretion.
9.5. Upon termination of your Account or access, whether initiated by you or us: (a) Your right to use the Platform, Services, and Devices will immediately cease; (b) Any outstanding Fees or obligations accrued prior to termination remain due and payable (c) We may disable or restrict your Device’s connectivity to the Platform, rendering certain features inoperable; (d) Your data will be handled in accordance with our Privacy Policy, which may include deletion of Health Data or retention for legal, audit, or operational purposes. Termination does not relieve you of responsibilities or liabilities incurred prior to the termination date, including payment obligations, indemnification duties, or compliance with surviving provisions.
9.6. Any provisions of these Terms that, by their nature or express intent, are intended to survive termination shall remain in effect after termination. These include, but are not limited to Intellectual Property Rights, Disclaimers, Limitations of Liability, Indemnity, Dispute Resolution, Governing Law any other obligations related to confidentiality, data retention, or post-termination conduct.
9.7. If your Account is terminated by us for a breach of these Terms or other misconduct, you agree not to: (a) Attempt to re-register or create a new Account using the same or different credentials; (b) Access the Platform or Services through another user’s Account; (c) Circumvent termination by any means (e.g., using proxies, aliases). Without our express prior written consent. Any such attempts may result in further legal action, including reporting to authorities or pursuing remedies for unauthorized access under the Information Technology Act, 2000.
9.8. We shall not be liable to you or any third party for any loss, damage, inconvenience, or consequence arising from the suspension, restriction, or termination of your Account or access to the Platform, including but not limited to: (a) Loss of access to Health Data, User Content, or purchased Services; (b) Inability to use Devices or retrieve historical data; (c) Financial or emotional impacts (e.g., unused subscription periods, pet monitoring disruptions). This disclaimer applies to the fullest extent permitted by law, except where liability cannot be excluded.
9.9. Where feasible, we will notify you of a suspension or termination via the email address or mobile number associated with your Account, including the reason(s) for our action, unless prohibited by law or security concerns (e.g., ongoing fraud investigation). If you believe the termination was in error, you may appeal by contacting us at support@fusionduotech.com within seven (7) days of notification, providing evidence to support your case. We will review appeals at our discretion, and our decision shall be final.
9.10. We reserve the right to discontinue the Platform or any Services entirely, at our sole discretion, with or without notice. In such cases: (a) We will endeavor to provide reasonable advance notice (e.g., 30 days) via the Platform, App, or email, where practicable; (b) Your access will cease upon the discontinuation date; (c) Refunds for prepaid subscriptions or unused Services will be governed by these terms, unless otherwise required by law. We are not liable for any losses or damages resulting from such discontinuation.
10. Indemnity
10.1. You agree to indemnify, defend, and hold harmless the Company, its parent entities, subsidiaries, affiliates, directors, officers, employees, contractors, agents, licensors, representatives, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, liabilities, losses, damages, costs, and expenses (including but not limited to reasonable legal fees, court costs, and settlement amounts), whether direct or indirect, arising out of or in connection with: (a) Your Use of the Platform: Any act or omission related to your access to or use of the Platform, Services, or FurField-branded Devices, including reliance on Health Data, insights, or recommendations;(b) Breach of Terms: Any breach, alleged breach, or non-compliance with these Terms, including any policies, guidelines, or instructions referenced herein (e.g., Device usage manuals, Privacy Policy);(c) Violation of Law or Rights: Any violation of applicable local, national, or international laws, regulations, or third-party rights, including but not limited to intellectual property rights, privacy, publicity rights, or contractual obligations;(d) User Content: Any content or information you submit, upload, or transmit through the Platform, including User Content (e.g., pet profiles, reviews) and Health Data, that infringes third-party rights, is inaccurate, misleading, or unlawful; (e) Device Misuse: Any use, misuse, malfunction, or failure of a Device, whether due to your negligence, tampering, improper maintenance, or failure to follow provided usage instructions, resulting in harm, injury, or loss;(f) Third-Party Interactions: Any interaction, transaction, or dispute with third-party service providers accessed through the Platform, including but not limited to veterinary professionals, product vendors, e-commerce partners (white-labeled or as-is), logistics providers, or insurers, whether arising from their conduct, products, or services;(g) Other Actions: Any other act or omission by you that causes harm, loss, or liability to the Indemnified Parties, including but not limited to fraudulent activity, misrepresentation, or damage to the Platform’s reputation or operations.
10.2. Your indemnification obligation extends to: (a) All types of damages, whether compensatory, punitive, exemplary, incidental, consequential, or statutory; (b) Claims brought by any party, including other users, third-party providers, governmental authorities, or private entities; (c) Losses incurred in defending or settling claims, even if such claims are unproven, frivolous, or ultimately dismissed, provided they arise from the circumstances as listed in these Terms.
10.3. This indemnity applies regardless of whether the claim or loss is caused in whole or in part by your actions, negligence, or willful misconduct, except where liability is solely attributable to the Company’s gross negligence or willful misconduct, as determined by a court of competent jurisdiction.
10.4. We reserve the right, at our sole discretion and expense, to assume exclusive control and defense of any matter subject to indemnification under this section. If we exercise this right: (a) You agree to provide full cooperation, at your own expense, including but not limited to supplying relevant information, documentation, witnesses, or assistance as requested by us; (b) You shall not settle, compromise, or admit liability for any such matter without our prior written consent, which we may withhold at our discretion; (c) We may appoint legal counsel of our choosing, and you agree to abide by our strategic decisions in defending the claim. If we do not assume control, you shall defend the Indemnified Parties using competent legal counsel and keep us informed of all developments, subject to our approval of any settlement or resolution.
10.5. You agree to promptly notify us in writing at support@fusionduotech.com of any claim, demand, or action that may trigger your indemnification obligation, providing sufficient details to enable us to assess and respond. Failure to notify us promptly does not relieve you of your indemnity obligations, except to the extent that such delay materially prejudices our ability to defend the claim.
10.6. Your indemnification obligations under this section shall survive the termination or expiration of these Terms, your Account deactivation, or your cessation of use of the Platform or Services. This survival ensures that the Indemnified Parties remain protected against claims arising from your prior actions, regardless of when such claims are asserted.
10.7. Where applicable, third-party licensors, partners, or service providers integrated into the Platform (e.g., e-commerce providers, Device manufacturers) may be deemed beneficiaries of this indemnity to the extent their interests are implicated by your actions. This does not impose additional obligations on you beyond those outlined herein but clarifies the scope of protection.
10.8. This indemnity is in addition to, and does not limit, any other rights or remedies available to the Company under these Terms, at law, or in equity, including the right to seek injunctive relief, terminate your Account, or pursue direct damages for breaches not covered by indemnity.
10.9. Nothing in this section shall be construed to require indemnification for liabilities that cannot be enforced under applicable Indian law, such as claims arising solely from the Company’s non-excludable statutory obligations (e.g., under the Consumer Protection Act, 2019). However, your indemnity obligation remains effective to the maximum extent permitted by law.
11. Limitation of Liability
11.1. To the maximum extent permitted by applicable law, the Company, including its parent entities, subsidiaries, affiliates, directors, officers, employees, contractors, agents, licensors, and representatives, shall not be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or statutory damages, including but not limited to: (a) Loss of profits, revenue, savings, or business opportunities; (a) Loss of data, Health Data, goodwill, reputation, or other intangible assets; (b) Damages to pet health, personal injury, or property damage; (c) Costs of substitute goods, services, or veterinary care; (d) Emotional distress, inconvenience, or loss of use; arising out of or in connection with your access to, use of, or inability to use the Platform, its Services, FurField-branded Devices, or any interactions with third-party service providers facilitated through the Platform, whether based on contract, tort (including negligence), strict liability, or any other legal theory, and regardless of whether we have been advised of the possibility of such damages or if they were foreseeable.
11.2. Notwithstanding anything contained in these Terms, we shall not be liable for: (a) Any injury, illness, death, or harm caused to your pet, yourself, or any third party resulting from reliance on the Platform, Device, Services, Health Data, insights, alerts, or recommendations, including decisions to delay or forgo professional veterinary care;(b) Any errors, omissions, inaccuracies, or delays in the collection, transmission, processing, or display of Health Data or other information by Devices or the Platform, whether due to Device malfunction, user error, network issues, or environmental interference;(c) Any act, omission, negligence, or misconduct of third-party service providers, including but not limited to veterinary professionals, product vendors, e-commerce partners (white-labeled or as-is), delivery agents, or insurers, regardless of whether such services were accessed or facilitated through the Platform;(d) Any delay, interruption, downtime, or unavailability of the Platform, Services, or Devices due to technical issues (e.g., server failures, software bugs), scheduled maintenance, upgrades, cyberattacks, or force majeure events (e.g., natural disasters, pandemics, war, terrorism, power outages, government actions);(e) Any unauthorized access to, use of, or disclosure of your Account, Health Data, User Content, or Devices resulting from your failure to safeguard your credentials, secure your devices, or comply with these Terms (e.g., sharing passwords, neglecting updates);(f) Any consequences of your actions, inactions, or decisions based on the Platform or Services, including reliance on inaccurate data, third-party advice, or product purchases;(g) Any failure, malfunction, or limitation of Devices, whether due to manufacturing defects (beyond warranty terms), wear and tear, misuse, or external factors (e.g., battery depletion, physical damage).
11.3. To the maximum extent permitted by applicable law, our total aggregate liability for any and all claims arising out of or related to these Terms, the Platform, Services, or Devices whether in contract, tort (including negligence), strict liability, or otherwise shall not exceed the total amount of Fees actually paid by you to us. This limitation applies collectively to all claims, regardless of their nature, number, or the legal basis on which they are made.
11.4. The Platform facilitates interactions with third-party service providers and integrates third-party e-commerce websites (white-labeled or as-is). We are not liable for: (a) The quality, availability, safety, or performance of third-party goods, services, or content; (b) Any disputes, losses, or damages arising from your transactions or relationships with third parties, even if facilitated through the Platform; (c) Any failure of third-party technologies (e.g., APIs, GPS, cellular networks) impacting Device functionality or Service delivery. Your recourse for such issues lies solely with the respective third-party provider, subject to their terms and conditions.
11.5. We are not responsible for any losses or damages caused by your failure to: (a) Properly use or maintain Devices as instructed; (b) Verify the accuracy of Health Data or consult a veterinarian when necessary; (c) Comply with these Terms, including security obligations or payment duties; (d) Mitigate damages after becoming aware of an issue (e.g., continuing to rely on faulty data). Your assumption of risk in these circumstances is absolute, except where liability is solely due to our gross negligence or willful misconduct.
11.6. To the fullest extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, with respect to the Platform, Services, and Devices. No advice or information provided by us, whether oral or written, shall create any warranty not expressly stated in these Terms.
11.7. By using the Platform, Services, or Devices, you acknowledge and accept the inherent risks associated with digital platforms, wearable technology, and pet health monitoring, including but not limited to technical failures, data inaccuracies, third-party performance, and unforeseen outcomes. You agree that your use is voluntary and that you assume full responsibility for such risks, except as expressly provided herein.
12. Governing Law
12.1. These Terms shall be governed by, and construed in accordance with, the laws of the Republic of India, without regard to its conflict of laws principles. Subject to the paragraph below, the courts located at Bengaluru, Karnataka, India shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms, the Platform, or the Services.
12.2. In the event of any dispute, difference, or claim arising out of or in relation to these Terms, including any question regarding its existence, validity, interpretation, performance, or termination, the parties shall first attempt to resolve the dispute amicably through mutual discussions. If the dispute cannot be resolved within thirty (30) days of such attempt, the same shall be referred to and finally resolved by arbitration.
12.3. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be Bengaluru, Karnataka, India, and the language of the proceedings shall be English. The arbitral award shall be final and binding on the parties and may be enforced in any court of competent jurisdiction. Nothing in this clause shall prevent either party from seeking urgent interim relief from a court of competent jurisdiction, including injunctions or other equitable remedies.
13. Grievance Redressal
If you have any questions, concerns, complaints, or feedback in relation to these Terms, the Platform, or any of the Services, you may contact our designated Grievance Officer using the details provided below:
We will acknowledge your complaint within three (3) working days of the receipt and will endeavor to resolve it within fifteen (15) days. For urgent or high priority issues, you may also reach us via our designated WhatsApp support channel, details of which will be available on our website and App.
14. Miscellaneous
14.1. These Terms, along with the Privacy Policy and any other policies or notices incorporated by reference, constitute the entire agreement between you and us with respect to the use of the Platform and supersede all prior or contemporaneous communications, whether oral or written.
14.2. We shall not be held liable for any failure or delay in performing our obligations under these Terms if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labour unrest, power outages, internet disruptions, or actions of governmental authorities.
14.3. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer any of our rights and obligations under these Terms to any of our affiliates or to any third party in connection with a merger, acquisition, restructuring, or sale of assets.
14.4. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. No waiver of any breach or default shall be deemed a waiver of any preceding or subsequent breach or default.
14.5. Nothing in these Terms shall be construed as creating any partnership, joint venture, agency, or employment relationship between you and FurField. You agree that you do not have any authority to bind us in any manner.
14.6. Any notices or communications under these Terms shall be sent by email to the email address registered with your account or posted directly on the Platform. It is your responsibility to keep your contact information updated at all times.
14.7. No third party shall have any rights to enforce any terms contained herein, unless expressly stated otherwise.