Welcome to Barksense, the service provider that turns your smartphone or tablet into a robust pet monitor, with bark detection and notification features that help you better understand and train your dog. This page explains the terms by which you may use our online and/or mobile services and features (collectively, the “Services”). By accessing or using the Services and by logging in, you electronically represent (“sign”) that you agree to the above terms and further certify that you have read, understood, and completely agree, to be legally bound by Barksense’s Terms of Service (this “Agreement”). This Agreement further applies to all visitors, users, and others who access the Services (the “Users”). Barksense reserves the right to make changes to this Agreement at any time. If a change is material, we’ll let you know before it takes effect. By using Barksense on or after that effective date, you agree to the new Agreement. If you don’t agree to it, please delete your account before it takes effect, otherwise your use of the site and content will be subject to the new Agreement.
2.1. Your Barksense membership may start with a free trial. The duration of the free trial period of your membership lasts will be specified during sign-up and is intended to allow new members to try the service.
2.2. Free trial eligibility is determined by Barksense at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Barksense membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Barksense membership to determine eligibility. For combinations with other offers, restrictions may apply.
2.3. We will charge the membership fee for your next billing cycle to your Payment Method at the end of the free trial period and your membership will automatically renew unless you cancel your membership prior to the end of the free trial period. To view the applicable membership price and end date of your free trial period, visit our website and click the "Billing details" link on the "Account" page.
Billing and Cancellation
3.1. Billing Cycle. The membership fee for the Barksense service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the billing date. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
3.2. Payment Methods. To use the Barksense service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3.3. Cancellation. You can cancel your Barksense membership at any time, and you will continue to have access to the Barksense service through the end of your billing period. To cancel, contact [email protected]. If you cancel your membership, your account will automatically close at the end of your current billing period.
3.5. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
4.2. The Barksense service and any content viewed through our service are for your personal use only and may not be shared with individuals beyond your household. During your Barksense membership, we grant you a limited, non-exclusive, non-transferable right to access the Barksense service.
4.3. The Barksense service is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and performance of our detection engine.
4.5. Barksense software may vary by device, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Barksense and related third-party software. If you do not accept the foregoing terms, do not use our service.
4.6. By using our service, you agree to look solely to the entity that manufactured and/or sold you the Barksense ready device for any issues related to the device and its compatibility with the Barksense service. We do not take responsibility or otherwise warrant the performance of Barksense ready devices, including the continued compatibility with our service.
Passwords and Account Access. The member who created the Barksense account and whose Payment Method is charged (the "Account Owner") has access and control over the Barksense account and the Barksense ready devices that are used to access our service and is responsible for any activity that occurs through the Barksense account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Barksense ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Barksense or our partners from identity theft or other fraudulent activity. Barksense is not obligated to credit or discount a membership for holds placed on the account by either a representative of Barksense or by the automated processes of Barksense.
Disclaimers of Warranties and Limitations on Liability
6.1. THE Barksense SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE Barksense SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Barksense DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Barksense SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Barksense SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, Barksense READY DEVICES, AND Barksense SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL Barksense, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
7.2. If you elect to seek arbitration or file a small claim court action, you must first send to Barksense, by certified mail, a written Notice of your claim ("Notice"). The Notice to Barksense must be addressed to: General Counsel, Barksense, 4425 S Mopac Expwy Building 2, Suite 206, Austin, TX 78735 ("Notice Address"). If Barksense initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Barksense, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Barksense and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Barksense may commence an arbitration proceeding or file a claim in small claims court.
7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Barksense receives notice at the Notice Address that you have commenced arbitration, Barksense will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
7.4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Barksense and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
7.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Barksense's last written settlement offer made before an arbitrator was selected (or if Barksense did not make a settlement offer before an arbitrator was selected), then Barksense will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
7.6. YOU AND Barksense AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Barksense agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
8.2. Unsolicited Materials. Barksense does not accept unsolicited materials or ideas for Barksense content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Barksense. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Barksense and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
8.3. Feedback. Barksense is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Barksense service, including the Barksense website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Barksense service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
8.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
This Privacy Statement was last updated on November 22, 2019.
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