Terms of Service

1. Acceptance of Terms

By creating an account, subscribing to a plan, or otherwise using the Service, you accept these Terms in full on behalf of yourself and, if applicable, the facility or organization you represent. If you do not agree to these Terms, you must not use the Service. Use of the Service after any update to these Terms constitutes acceptance of the revised Terms.

2. Eligibility

• ·You must be at least 18 years of age to use the Service.
• ·The Service is intended for use by pet care businesses and their authorized staff operating in the United States.
• ·If you are entering into these Terms on behalf of a business or organization, you represent that you have the legal authority to bind that entity to these Terms.
• ·Accounts may not be created or used by persons barred from receiving services under applicable law.

3. Account Registration and Security

• ·You must provide accurate, current, and complete information when registering an account and keep that information updated.
• ·You are responsible for maintaining the confidentiality of your login credentials. You may not share credentials or permit unauthorized persons to access your account.
• ·You are responsible for all activity that occurs under your account, whether authorized by you or not.
• ·Notify us immediately at hello@barklytic.io if you suspect unauthorized access to your account.
• ·We reserve the right to disable accounts that we reasonably believe pose a security risk or have been compromised.

4. Subscriptions, Billing, and Auto-Renewal

• ·Access to paid features requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis depending on the plan you select.
• ·All fees are stated in US dollars and are exclusive of applicable taxes, which are your responsibility.
• ·Subscriptions automatically renew at the end of each billing period at the then-current rate unless you cancel before the renewal date.
• ·Payments are processed by Stripe. We do not store full payment card details. By providing payment information you authorize Stripe to charge your payment method on a recurring basis.
• ·We reserve the right to change subscription pricing with at least 30 days' advance notice. Continued use after a price change takes effect constitutes acceptance of the new price.
• ·All amounts are due in full at the time of billing. If payment fails, we may retry the charge and/or suspend access until payment is received.

5. No Refunds

All fees paid are non-refundable except as required by applicable law. This includes situations where you cancel mid-period, downgrade your plan, or otherwise cease using the Service before the end of a paid period. You will retain access to paid features through the end of the billing period in which you cancel.

If you believe you were charged in error, contact us at hello@barklytic.io within 30 days of the charge and we will review your request.

6. Free Trials

Free trial access may be offered at our discretion on a case-by-case basis. Unless otherwise stated, free trial periods are limited to one per facility. At the end of a free trial period, continued access requires a paid subscription. We reserve the right to modify or discontinue free trial offers at any time without notice.

7. Acceptable Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• ·Upload, transmit, or store content that is unlawful, defamatory, obscene, fraudulent, or that violates any third party's rights.
• ·Use the Service to process data in a manner that violates applicable privacy laws, including unauthorized collection of personal data about minors.
• ·Attempt to gain unauthorized access to the Service or its underlying infrastructure, or probe for vulnerabilities.
• ·Use automated tools, bots, scrapers, or crawlers to extract data from the platform without prior written authorization.
• ·Reverse-engineer, decompile, or disassemble any portion of the Service.
• ·Use the Service to send unsolicited communications, spam, or phishing messages.
• ·Resell, sublicense, or provide access to the Service to third parties outside your facility without our written consent.
• ·Interfere with or disrupt the integrity or performance of the Service or its infrastructure.
• ·Misrepresent your identity, affiliation, or authority when using the Service.
• ·Use the Service for any purpose that competes with Barklytic's business without our written consent.

Violation of this section may result in immediate suspension or termination of your account without notice.

8. User Content and Facility Data

You retain ownership of all data, content, and information you upload to or generate within the Service (“Facility Data”). By using the Service you grant us a limited, non-exclusive, royalty-free license to process your Facility Data solely for the purpose of providing and improving the Service to you.

• ·You represent that you have all necessary rights and consents to upload and process Facility Data through the Service.
• ·We do not sell Facility Data to third parties or use it to train external AI models without your consent.
• ·You are solely responsible for the accuracy, legality, and appropriateness of all Facility Data.
• ·We may remove content that violates these Terms or applicable law.

9. Intellectual Property

The Service, including its software, design, features, and all associated documentation, is owned by CDDI Services LLC and protected by copyright, trademark, and other intellectual property laws. These Terms do not transfer any intellectual property rights to you.

You may not copy, modify, distribute, sell, or lease any part of the Service, or create derivative works based on it, without our prior written consent. The Barklytic name, logo, and all related marks are trademarks of CDDI Services LLC. Nothing in these Terms grants you a license to use our trademarks.

10. Third-Party Services

The Service integrates with third-party services including Stripe (payments), Supabase (database infrastructure), Brevo (email delivery), Twilio (SMS), and Anthropic (AI services). Your use of these integrations may be subject to each provider's own terms of service and privacy policies.

We are not responsible for the availability, accuracy, or conduct of third-party services, and we disclaim all liability arising from your use of them. Links to third-party websites or services do not imply endorsement.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF MALICIOUS CODE.

AI-powered features (Scout AI) provide informational recommendations only. Outputs are advisory in nature and do not constitute professional veterinary, financial, legal, or other advice. You are solely responsible for decisions made on the basis of AI-generated content.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CDDI SERVICES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify, and hold harmless CDDI Services LLC and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Service in violation of these Terms; (b) your Facility Data; (c) your violation of any third-party right, including any intellectual property, privacy, or data protection right; or (d) any claim that your Facility Data caused damage to a third party.

14. Termination

• ·You may cancel your subscription at any time from your account settings or by contacting hello@barklytic.io. Cancellation takes effect at the end of the current billing period; you will retain access through that date.
• ·We may suspend or terminate your access immediately if you breach these Terms, fail to pay amounts due, engage in fraudulent activity, or pose a risk to the security or integrity of the Service or other users.
• ·We may also terminate the Service in its entirety with 60 days' notice to all subscribers.
• ·Upon termination for any reason, your license to use the Service ends. We will retain your Facility Data for 90 days following termination to allow you to export it. After 90 days, your data is securely deleted unless a longer retention period is required by law.
• ·Sections 8 through 17 of these Terms survive termination.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law provisions. As our business evolves and we incorporate in Delaware, we reserve the right to update the governing jurisdiction accordingly with notice.

Informal Resolution. Before filing any formal legal claim, you agree to contact us at hello@barklytic.io and attempt in good faith to resolve the dispute informally for at least 30 days.

Arbitration.If informal resolution fails, all disputes arising from or related to these Terms or the Service shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, conducted in Dunn, North Carolina (or remotely where available). The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. You and Barklytic each waive any right to bring or participate in a class action, class arbitration, or representative proceeding. All claims must be brought in an individual capacity.

Exceptions. Either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.

16. Changes to These Terms

We may update these Terms at any time. For material changes, we will provide at least 30 days' advance notice via email to the address on your account and/or via an in-app notice. The effective date at the top of this page will reflect the date of the most recent revision. Your continued use of the Service after the effective date of any revision constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Service before the effective date of the changes.

17. Severability, Entire Agreement, and Assignment

If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

These Terms, together with our Privacy Policy and any order forms or supplemental agreements, constitute the entire agreement between you and CDDI Services LLC regarding the Service and supersede all prior or contemporaneous agreements, representations, or understandings.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms, including in connection with a merger, acquisition, or sale of assets, with notice to you.

18. Contact

Questions or concerns about these Terms? We're here to help.