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END USER LICENCE AGREEMENT

This Agreement governs your use of this mobile application for IOS and Android (including all related documentation, the “Application or App”).

This User Licence Agreement (this “Agreement”) is an agreement between you, an individual or entity (“User” or “you”), and Where My Paws At Portal, United Arab Emirates (collectively, the “Company,” “we” or “our”).

BY DOWNLOADING, INSTALLING OR USING THE APP, YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; YOU ARE OF LEGAL AGE TO ENTER INTO A THIS AGREEMENT; AND ACCEPT THIS AGREEMENT AND AGREE YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APP.

  1. Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive and nontransferable license to:
    (a) download, install and use the App on a single mobile device owned or otherwise controlled by you (” Mobile Device”) strictly in accordance with the App’s documentation; and (b)access, download and use on such Mobile Device the Content and Services made available in or otherwise accessible through the App, in accordance with this Agreement and the Terms of Use applicable.
  2. You acknowledge and agree that the App is provided under licence, not sold, to you. You do not acquire ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the licence granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Company reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  3. Licencee shall not: (a) copy the Application, (b) translate, adapt or create works or improvements, whether or not patentable, of the Application; (c) engineer, disassemble, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof; (d) remove, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof; (e) rent, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the App.
  4. You acknowledge when you download, install, or use the App, the Company may use automatic means (including, for example, cookies) to collect information about your Mobile Device and about your use of the App. You may be required to provide information about yourself and pet as a condition to downloading, installing, or using the App or of its features or functionality, and the App may provide you with opportunities to share information about yourself and pet with others. All information we collect through or in connection with this App is subject to our Privacy Policy. By downloading, installing, using and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  5. The App may provide you with access to the Company’s website wheremypawsat.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the App may be hosted on the Website (collectively, ” Content and Services”). Your access to and use of such Content and Services are governed by the Application’s Terms of Use and Privacy Policy, which are each incorporated herein by this reference. By accessing and using such Content and Services you acknowledge your acceptance of such Terms of Use and Privacy Policy. Any violation of such Terms of Use will be deemed a violation of this Agreement.
  6. The Company may in its sole discretion, develop and provide App updates, which may include upgrades, bug fixes, and other error corrections and/or new features (collectively, ” Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
  7. The App may display, include, or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party marketing or advertising (collectively, ” Third Party Materials”). You acknowledge and agree that the Company is not responsible for Third Party Materials, including accuracy, timeliness, validity, copyright compliance, legality, quality, or any other aspect thereof. The Company does not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at your own risk and subject to such third parties’ terms and conditions.
  8.  The term of the Agreement commences when you download the App and will continue until terminated by you or the Company as set forth in this Section. You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device. The Company may terminate this Agreement at any time without notice if it ceases to support the App, which the Company may do in its discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination:

    • all rights granted to you under this Agreement will also terminate; and
    • you must cease use of the App and delete copies of the App from your Mobile Device and account.

    Termination will not limit any of the Company’s rights or remedies at law or in equity.

  9. THE APP IS PROVIDED TO LICENCEE “AS IS” AND WITH FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENCORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER.
  10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES.
  11. You agree to indemnify, defend, and hold harmless the Company and its employees, affiliates, successors and assigns from and against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement. Furthermore, you agree that the Company assumes no responsibility for the content you submit or make available through this App.
  12. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
  13. This Agreement is governed by in accordance with the laws of the Dubai Court without giving effect to any choice or conflict of law provision or rule (whether of the Dubai Court or any other jurisdiction). Any legal suit, action or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the courts of the Dubai Courts, although we retain the right to bring any suit, action or proceeding against you for breach of the Agreement in your jurisdiction of residence or any other relevant jurisdiction. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  14. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  15. This Agreement constitute the agreement between you and the Company with respect to the App and supersede all prior understandings and agreements, whether written or oral, with respect to the App.
  16. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.