1. PREAMBLE

 

Please read these Terms of Use (“Terms”) carefully before using products, services, online media and applications (hereinafter collectively referred to as “Offer”) provided by DOGLi GmbH, c/o brag, Bundesstrasse 3, 6302 Zug, SWITZERLAND.

The term “you” refers to the user of the Offer. Your access to and use of the Offer is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Offer. Please check that the details in these Terms are complete and accurate before you use or commit yourself to purchase the Offer. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing. Any queries you may have regarding your use of the Offer or these Terms should be sent to our contact email address Info@DOGLi.app.

 

1.1 DOGLi PRODUCTS

DOGLi offers its users – among other services – online and mobile content to enhance the life of a dog with fun and easy activities. The content is provided in the form of various videos and associated text description from the DOGLi team. Users can also upload videos showing their dog doing the various DOGLi activies or they can upload photos and videos in the social section of the app and on our social media pages.

These Terms contain the terms and conditions on which we supply and provide content, products or services online (e.g. the website www.DOGLi.app and our social media pages) and through our applications (available online or thru third party app stores such as the Apple App Store, the Google Play Store). You may access our Offer with various devices including but not limited to computers, smartphones, and tablets. By accessing or using the Offer you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Offer.

 

1.2 ARBITRATION NOTICE AND CLASS ACTION WAIVER

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND DOGLi AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND DOGLi WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

1.3 BASIS OF LICENSE

These Terms set out the whole agreement between you and DOGLi for the supply of the Offer. In order to participate in certain Offers, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.

AS PART OF YOUR USE OF THE OFFER, YOU AFFIRMATIVELY CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE EUROPEAN UNION (INCLUDING SWITZERLAND) AND THE UNITED STATES, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE EUROPEAN UNION AND THE UNITED STATES FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE PRODUCTS. BY USING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE EUROPEAN UNION AND THE UNITED STATES MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXISTS IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE EUROPEAN UNION AND THE UNITED STATES. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.

 

1.4 CHANGES TO TERMS

We reserve the right to change or update these Terms or the services at any time, and will notify users by posting such changed or updated Terms with immediate effect on our website www.DOGLi.app. Your continued use of the Offer constitutes your agreement to abide by the Terms as changed. Under certain circumstances, we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Offer or email.

 

2. MEMBER ACCOUNTS AND SUBSCRIPTIONS

2.1 REGISTRATION

(a) You may sign up as a registered user of the Offer free-of-charge (a “Member”). To become a Member you might need to go to the relevant section of the Offer, then submit your email address to us, and create a username and password to be used in conjunction with that email address. This membership is unique to you and you may not transfer, exchange or sell it in any way or under any circumstance. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. It may also not be used by persons other than the account holder, e.g. by passing on the password.

(b) As a Member you will receive access to certain sections, features and functions of the Offer that are not available to non-members. By agreeing to become a Member you may receive occasional special offer, marketing, and survey communication emails with respect to the Offer. You can easily unsubscribe such communication from our side by following the opt-out instruction in these emails.

(c) In the course of your use of the Offer, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). This User Information may include information from your Facebook and similar social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set forth in the DOGLi Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

(d) By placing an Order through the Offer, you warrant that: (I) You are legally capable of entering into binding contracts; (II) All registration information you submit is supply to us is true, correct and complete; (III) You will maintain the accuracy of such information; (IV) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (V) Your use of the Offer does not violate any applicable law or regulation.

 

2.2 SUBSCRIPTION

(a) Depending on the service package, the scope of use of the Offer varies. Besides the free-of-charge version, we provide a paid subscription version (“Subscription”) that offers the option to unlock extended content of the Offer. As a subscribed Member, you will receive access to certain sections, features, and functions of the Offer that are not available to non-subscribed Members. A Subscription may not be used by persons other than the account holder, e.g. by passing on the password.

(b) The Subscription is a paid, fee-based program of our Offer accessible from our website, within the apps or by the app marketplace partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.

(c) Any Subscription belongs to the specific user only and is not transferable or sellable. This also applies to any discounted and subsidized Subscriptions, as well as Subscriptions which you received via a coupon code or gift card. Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Offer, except where expressly stated otherwise. Previous users or trial users of the Offer do not qualify as new users. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the Subscription, and any renewals will be charged at the rate in effect at the time of renewal for the type of Subscription purchased.

(d) By agreeing to become a subscribed Member you opt-in to receiving an occasional special offer, marketing, survey and Offer based communication emails. You can easily unsubscribe from DOGLi commercial emails by following the opt-out instruction in these emails. DOGLi memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

(e) DOGLi offers a Monthly Subscription and an Annual Subscription:

• Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that DOGLi is authorized to charge the same credit card as was used for the initial subscription fee or other payment methods as set forth in section 2.2(h) (the “Payment Method”) in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

• Our “Annual” subscriptions are paid for by an upfront one-off payment with automatic annual renewal. You acknowledge and agree that DOGLi is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee(s) at the non-discounted rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

(f) You may cancel automatic renewals of your subscription at any time by emailing Info@DOGLi.app. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel automatic renewals by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a subscription through a bundle subscription partner, you may cancel according to the process outlined by the bundle subscription partner.

(g) You agree to promptly notify DOGLi of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

(h) In the course of your use of the Offer, DOGLi and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to DOGLi and DOGLi’s third-party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

(i) Our obligation to provide the Offer only comes into force when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Offer purchased through DOGLi for commercial purposes.

 

2.3 USE BY MINORS

You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the or use the Offer. Individuals under the age of 18, or the applicable age of majority, may view the audiovisual content displayed in the Offer only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.

 

2.4 USE OF THIRD PARTY SERVICES

If the user accesses the Offer via app and has downloaded the app from the app store of a third party or accesses content via an audio/video or assistant app, the respective terms and conditions of the app store or the app shall apply additionally.

Our Offer may employ the use of third party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

 

2.5 BILLING AND PAYMENT

The billing and administration of the Subscription is carried out exclusively via the user account of the respective third-party provider via which the app was obtained (Apple: App Store, Google: Play Store). As soon as the user has confirmed the purchase of the app in the store, the user account in the store will be debited with the corresponding amount. In the case of in-app subscriptions, the app store/Google account will be debited after confirmation of the subscription within the app.

 

2.6 CHANGING FEES AND CHARGES

We may at any time and from time to time, in our sole discretion, change the fees and charges of the Offer, or add new fees and charges to the Offer. We will provide you with a reasonable prior notice of any change to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Offer after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing Info@DOGLi.app.

 

3. CANCELLATION OF SERVICES

3.1 CANCELLATION BY YOU

If you purchased the Subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.

 

3.2 CANCELLATION BY US

We may suspend or terminate your use of the Offer as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Offer. We may furthermore reject your registration without cause.

 

4. PROHIBITED USE OF THE OFFER

4.1 This Offer is not made available to the user for commercial use, but exclusively for personal use. The user may only use the app for private purposes. Using the Offer for commercial constitutes a material breach of the Terms.

 

4.2 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Offer. You agree not to interfere with the servers or networks underlying or connected to the Offer or to violate any of the procedures, policies or regulations of networks connected to the Offer. You may not access the Offer in an unauthorized manner.

 

4.3 You agree not to impersonate any other person while using the Offer, conduct yourself in an offensive manner while using the Offer, or use the Offer for any illegal, immoral or harmful purpose.

 

4.4 We reserve the right to terminate and block any user with immediate effect in the event of cause, in particular in the event of violations of these Terms and other contractual obligations, or in the event of disruptions, misuse or damage to the reputation of this Offer. By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of a breach, your right to use the Offer will cease immediately and we reserve the right to deactivate the respective user after giving notice or to delete it after ordinary or extraordinary termination.

 

5. MATERIALS OFFERED THROUGH THE OFFER

5.1 COPYRIGHT

(a) All materials (including software and content whether downloaded or not) contained in the Offer are owned by DOGLi (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

 

(b) You acknowledge and agree that certain materials on or in the Offer are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 12 against you.

 

(c) Audio, video and other media content from DOGLi not explicitly indicated as downloadable may not be downloaded or copied from the Offer or any Device.

 

(d) The Offer is not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Offer for commercial purposes without obtaining a written license to do so from us. Material from the Offer may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Offer and may subject you to legal liability. You agree not to use the Offer for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Offer. Appropriate legal action may be taken for any illegal or unauthorized use of the Offer.

 

(e) A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by DOGLi through the Offer that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), DOGLi grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Offer, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.

 

(f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Offer. If you make other use of the Offer, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. DOGLi will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

 

6. AVAILABILITY, ERRORS AND INACCURACIES

6.1 The availability of the Offer depends on different technical equipment of the user. In order to be able to use the Offer to its full extent and to access the content, suitable technical aids (suitable terminal device and suitable Internet access) are required.

 

6.2 While we aim to offer you a trouble-free experience whenever possible, we do not warrant that a) the Offer will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Offer will meet your requirements. We will not be liable if the Offer is unavailable for a commercially reasonable period of time. If a fault occurs in the Offer or if, for reasons beyond our control, the availability may be disrupted, we will make any effort to correct the fault and restore availability as quickly as possible. Service interruptions will not entitle you to warranty rights.

 

6.3 Your access to the Offer may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Offer. We will restore the Offer as soon as we reasonably can.

 

6.4 DOGLi reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

7. MATERIAL PROVIDED BY USER

7.1 The Offer may let you submit material to us: for example, you may be able to upload a photo to your profile, upload video exam, post subjects and comments in the community and comment on various matters in various parts of the Offer. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Offer.

 

7.2 This section 7 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.

 

7.3 We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.

 

7.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Offer, particularly where User Material breaches this section 7, and we may do this with or without giving you any prior notice.

 

7.5 We may link User Material or parts of User Material to other material, including material submitted by other users or created by DOGLi or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise DOGLi. You acknowledge that we may indirectly commercially benefit from use of your User Material.

 

7.6 Each time you submit User Material to us, you represent and warrant to us as follows:

(a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract.

(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.

(c) Your User Material does not advertise any product or service or solicit any business.

(d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.

(e) You will not collect usernames and/or email addresses of users for the purpose of sending unsolicited email.

(f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.

(g) You will not engage in any automated use of the system, such as using scripts to alter our content.

(h) You will not, without authorization, access, tamper with, or use non-public areas of the Offer, DOGLi’s computer systems, or the technical delivery systems of DOGLi’s providers.

(i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Offer or any other DOGLi system or network or breach any security or authentication measures.

 

7.7 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.

 

7.8 User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant DOGLi an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the DOGLi, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. DOGLi may include your User Material in DOGLi’s Distribution Content that is made available to others through the Offer. Be aware that DOGLi has no control over User Material once it leaves the Offer, and it is possible that others may duplicate material found on the Offer, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify DOGLi and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.

 

7.9 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Offer or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, Emailing, or otherwise submitting Submissions to the Offer, you grant, and you represent and warrant that you have the right to grant, to DOGLi an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that DOGLi has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify DOGLi and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

 

8. LINKS TO WEBSITES/HOME PAGE

Our Offer may contain links to third party websites or services that are not owned or controlled by DOGLi. You understand that DOGLi has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals and advise you to read the terms of use and privacy policies of any third party websites or services that you visit. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

 

9. DISCLAIMER

Your use of the Offer is at your sole risk. The Offer is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The information contained in the Offer is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Offer or the information contained on the Offer for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

 

10. END USER LICENSE

10.1 Subject to the terms of this license agreement, as set out in this section 10, and these other Terms, and your payment of applicable subscription fees, DOGLi grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Offer.

 

10.2 The Offer contain or embody copyrighted material, proprietary material or other intellectual property of DOGLi or its licensors. All right, title and ownership in the Offer remain with DOGLi or its licensors, as applicable. The rights to download and use the Offer are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.

 

10.3 You agree that you will not and you will not assist or permit any third party to:

(a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Offer in any way, or create derivative works of the Offer;

(b) Use the Offer or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;

(c) Rent, lease, loan, make available to the public, sell or distribute the Offer in whole or in part;

(d) Tamper with the Offer or circumvent any technology used by DOGLi or its licensors to protect any content accessible through the Offer;

(e) Circumvent any territorial restrictions applied to the Offer; or

(f) Use the Offer in a way that violates this License Agreement or the other Terms.

10.4 You may not make the Offer available to the public. The Offer made available (in whole or in part) are owned by DOGLi or its licensors and your use of them must be in accordance with these Terms.

 

11. DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE

11.1 We are committed to complying with copyright and related laws, and we require all users of the Offer to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Offer in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

 

11.2 If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

 

11.3 If you believe that your work has been copied and posted on the Offer in a way that constitutes copyright infringement, please provide our designated agent with the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Offer;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

(g) Notices of claims of copyright infringement can be submitted by E-Mail to Info@DOGLi.app

 

12. GENERAL TERMS AND CONDITIONS

12.1 ASSIGNMENT BY US

DOGLi may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

 

12.2 INDEMNITY BY YOU

You agree to defend, indemnify and hold DOGLi and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Offer, your placement or transmission of any message, content, information, software, or other submissions through the Offer, or your breach or violation of the law or of these Terms. DOGLi reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with DOGLi defense of such claim.

 

12.3 FORCE MAJEURE

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Offer, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

 

12.4 INTERPRETATION

In these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

 

12.5 ELECTRONIC COMMUNICATIONS

(a) Applicable laws require that some of the information or communications we send to you should be in writing. When using the Offer, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by Email or provide you with information by posting notices on the Offer. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

(b) In order to retain a copy, please select “Print,” and select the appropriate printer. If you do not have a printer, you can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on your computer and save the text.

(c) You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at Info@DOGLi.app.

(d) We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication.

(e) To receive and view an electronic copy of the communications you must have the following equipment and software:

(i) A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.

(ii) an Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.

(f) To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text.

(g) You can also contact us via email at Info@DOGLi.app to withdraw your consent to receive any future communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we may terminate your use of the Offer.

(h) We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.

 

12.6 NOTICES

Unless otherwise specifically indicated, all notices given by you to us must be given by Email to Info@DOGLi.app. We may give notice to you at the Email address you provide to us when you register, or in any of the ways specified in section 12.5 above. Notice will be deemed received and properly served immediately when posted on the Offer or when an Email or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such Email was sent to the specified Email address of the addressee.

 

12.7 ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.

 

12.8 THIRD PARTY RIGHTS

A person who is not a party to these Terms will not, subject to section 11 (DMCA), have any rights under or in connection with these Terms.

 

12.9 OUR LIABILITY

(a) We will use reasonable endeavors to remedy faults in the Offer. If we fail to comply with these Terms, to the maximum extent permitted by applicable law, we will not be liable for any damage.

For example, we will not be liable for:

 

(i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).

(ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Offer, or from transmissions via emails or attachments received from us.

(iii) Any use of websites linked to the Offer but operated by third parties.

(b) To the extent permitted by law, DOGLi and its affiliates, suppliers, clients, or licensors (collectively, the “Protected Entities”) shall not be liable for any consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Offer or the content, materials and functions related thereto, your provision of information via the Offer, or lost business or lost sales, or any errors, viruses or bugs contained in the Offer, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Offer. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms of use or your use of the Offer exceed, in the aggregate, the amount, if any, paid by you to DOGLi for your use of the Offer.

 

12.10 ARBITRATION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH DOGLI, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DOGLI.

 

(a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Offer that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and DOGLi are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator.

 

If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.

Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by DOGLi. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse DOGLi for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

(c) Authority of Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and DOGLi. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and DOGLi.

(d) Jury Trial Waiver. You and DOGLi waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and DOGLi elect to have claims and disputes resolved by arbitration. In any litigation between you and DOGLi over whether to vacate or enforce an arbitration award, you and DOGLi waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

(e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND DOGLI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor DOGLi are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in section 13.13 below.

(f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor DOGLi can force the other to arbitrate. To opt-out, you must notify DOGLi in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your DOGLi account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: DOGLi GmbH, c/o brag, Bundesstrasse 3, 6302 Zug, Switzerland.

(g) Small Claims Court. Notwithstanding the foregoing, either you or DOGLi may bring an individual action in small claims court.

(h) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with DOGLi.

 

12.11 EXCLUSIVE VENUE

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and DOGLi agree that all claims and disputes arising out of or relating to the Terms or the use of the Offer will be litigated exclusively in the courts of Zug, Switzerland. You and DOGLi consent to the personal jurisdiction in court.

 

12.12 SEVERABILITY

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

 

These Terms are effective and were last updated on 30 January 2024.