Last updated November 14, 2023
We are Barkyn, S.A. (hereinafter 'Barkyn', 'Company', 'we', 'us', or 'our'), a company registered in Portugal at Rua Alfredo Allen, 455, 4200-135 Porto. Our VAT number is 514259426.
We operate the mobile application 'Pet AI', which assesses health scores of your dog with scientifically based AI (hereinafter referred to as 'App'). Based on these scores, the App may deliver tailored wellness products and tips towards your pet´s better health and longevity.
You can contact us at help@barkyn.com or by post mail to Rua Alfredo Allen, 455, 4200-135, Porto, Portugal.
These Terms and Conditions (hereinafter referred to as 'Terms') constitute a legally binding agreement between the users of the App (hereinafter referred as 'user' or 'you'), and Barkyn.
ACKNOWLEDGMENT
You agree that by accessing and using the App, you have read, understood, and accepted to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE NOT AUTHORISED TO USE THE APP AND MUST IMMEDIATELY DISCONTINUE USING IT.
We will provide you with prior notice of any scheduled significant changes relating to the operation of the App. If these changes require modifications of the Terms, then the modified Terms will become effective upon upload to the App or upon notification to you by help@barkyn.com. By continuing to use the App after the effective date of any changes, you agree to be bound by the modified Terms. Any other changes will be notified to you only by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change.
All users who are minors in the jurisdiction in which they reside must have permission and be directly supervised by the holder of parental responsibility to use the App. CONTENT OF THE APP AND FUNCTIONALITIES PET AI is a mobile application that, using uploaded images of your dog combined with scientifically based Artificial Intelligence (“AI”), assesses the health of your pet, and scores it. Based on these scores, the App provides tips for improving your pet’s health and longevity.
After uploading the images, you will get the result of the pet’s health assessment. The result will be presented in different formats, namely five (5) types of scores, some of which may require a paid subscription for users to be able to have access to more tips. Four of the scores are related to the health of the pet, and the fifth score is the overall score. The first two scores are free to use, which means that you can access them freely. To access the other scores, you will have to pay the relevant fee, in accordance with clause 4, which will grant you access to all features of the App (including the premium ones).
These tips are mere suggestions based only on the images you have provided us. We do not offer or provide any kind of medical advice or other health service, including, without limitation, any diagnosis, assessment, or diagnosis related to the health of the pet. If your pet has a serious health problem, you shall visit, call, or consult with a veterinarian.
The information provided when using the App is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to any law or regulation which would subject us to any registration requirement within such jurisdiction or country.
We will use the uploaded photographs of your pet to train our AI model. You recognise that by agreeing to these Terms, you also agree that we will retain these images to train and improve the model, for as long as we deem necessary.
USER REGISTRATION
To access the App and register, you must:
- Download the App from the Apple Store or Google Play Store;
- Take three photos of your pet, according to certain general rules and guidelines that we have provided, and upload them to the App;
- Provide your name and an email address, as requested in the registration form; An email will be sent to your email address for you to confirm your registration.
- When all of these steps are confirmed, you are ready to use PET AI!
SUBSCRIPTIONS
Your register grants you access to the App in two ways:Free version: limited access to content and App features;
Paid Subscription: a subscription fee-based program, which gives you access to all content including and beyond the Free version. You can become a premium subscriber by purchasing a subscription through the App. Please note that if you purchase a subscription through Apple Pay, your purchase will be subject to Apple’s applicable payment policy. If you purchase a subscription through the Google Play store, your purchase will be subject to Google’s applicable payment policy. The premium version of the App offers an annual subscription. For this purpose, a year constitutes 365 calendar days. Our annual subscription is paid through a one-time initial payment. You acknowledge and agree that the Company is authorized to charge the payment method used for the initial annual subscription at the rate guaranteed at the time of purchase. Please contact us if you wish to renew your subscription.
INTELLECTUAL PROPERTY RIGHTS
All contents of our App, as well as its structure and layout, selection, organisation and presentation of its contents, including its functionalities and the software we use, registered trademarks, logos and symbols that appear therein, are protected by Intellectual Property rights and are owned by or licensed to the Company.
It is expressly prohibited to transfer, broadcast, publish, make available to the public in any form or by any means, modify, transform, copy, use, sell, or share, in any form, the texts, images, or other information contained in our App without prior written consent. If consent is given, you must identify us as the owners or licensors of the App and ensure that this indication is visible.
The contents are provided 'AS IS' for personal, non-commercial use only.
Any breach of these Intellectual Property Rights will constitute a material breach of the Terms, and your right to use our App will terminate immediately.
YOUR SUBMISSIONS
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the App ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
You are responsible for what you post or upload. By sending us Submissions through any part of the Services, you:
- confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' described below and will not post, send, publish, upload, or transmit through the App any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any moral rights to any such Submission;
- warrant that any such Submission is original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights concerning your Submissions; and warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions, and you expressly agree to reimburse us for any losses that we may suffer because you breach (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
YOUR OBLIGATIONS
By using the App, you represent and warrant that:
- All information you submit will be true, accurate, current, and complete;
- You will maintain the accuracy of such information and promptly update such registration information as necessary;
- You have the legal capacity and you agree to comply with these Terms;
- You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the App;
- You will not access the App through automated or non-human means, whether through a bot, script or otherwise;
- You will use the App only for the purposes it was developed for;
- You will not use the App for any illegal or unauthorised purpose; and
- Your will use the App only in compliance with these Terms, our Privacy Policy as well as the applicable law and regulations.
- If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the App (or any portion thereof).
PROHIBITED ACTIVITIES
- You may not access or use the App for any purpose other than that for which we make the App available. The App may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the App, you agree not to:
- Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the App and/or the content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App. Use any information obtained from the App in order to harass, abuse, or harm another person.
- Use the App in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorised framing of or linking to the App.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
- Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing the App to you.
- Attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App.
- Copy or adapt the software of the App, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.
- Use the App as part of any effort to compete with us or otherwise use the App for any revenue-generating endeavour or commercial enterprise.
- Use the App to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
GUIDELINES FOR REVIEWS
We may provide you areas on the App to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.10.
APP MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the App for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.11. PERSONAL DATA Your personal data shall be processed in a way to ensure compliance with the applicable legislation, namely Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 or General Data Protection Regulation ("GDPR").
- The Company will act as a controller regarding the processing of your personal data.
- We will use the personal data you have provided upon your registration (name and email), to reply to you, whenever you contact us, and to manage our relationship with you. The legal basis for this processing is the performance of a contract. We will keep this data for the time necessary to manage your subscription. The information will then be kept for the prescription period of legal action.
- We will process usage data regarding your use of the App for the purpose of managing the performance of the App and to improve it. The legal basis for this processing is our legitimate interest. We will keep this data for the time necessary to manage the performance of the App. The information will then be kept for the prescription period of legal action.
- We will also use your registration data (name and email) to send you our periodic newsletter by email.
- You will also have the possibility to unsubscribe our newsletter at any time and free of charge, by selecting the “Unsubscribe” button that appears at the end of each communication.
- If you would like to know more about the processing of personal data carried out by the Company, please check our Privacy Policy, available at https://barkyn.com/pages/termos-e-privacidade.
TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, OR CLAUSE CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the App at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.
We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We will use our best efforts to notify you of any unavailability of our App. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by Portuguese law.
Any dispute between the Parties relating to these Terms – which the Parties are unable to settle amicably – will be settled by the Courts of Porto, Portugal.
CORRECTIONS
There may be information on the App that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.
DISCLAIMER
THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL DATA AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIABILITY
17.1 The Company is not liable for any damages, direct, indirect and/or incidental, resulting from the use or inability of the user to use the contents and services contained in the App.
17.2 The Company assumes no liability for any failure or non-compliance with the App caused by circumstances beyond its control. These circumstances may include, inter alia, failures in the functioning of the App resulting from the law, acts of the state or public authorities, acts of war, terrorism, strikes, physical blockades, blockages, and natural disasters.
For any formal information regarding our App please contact us through the means provided below.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the App; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
MISCELLANEOUS
These Terms and any policies or operating rules posted by us on the App constitute the entire agreement between you and the Company.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
In these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “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 the feminine, and in each case vice versa.
CONTACT US
If you have any questions or complaints regarding our App or these Terms, please contact us by email to help@barkyn.com.