1.Introduction and what these terms do
1.1 Who we are
Mypethq.io is a site, service and platform that provides pet owners (through our app) with a free service to store all their pets information, reminder and use of our Lostmypet feature. Additionally we offer a service to comply with UK law enabling pet keepers to store their pets microchip data on an approved database. For pet care businesses we offer CRM and communication platform The site and platform is owned and the service is provided by MyPet Headquarters Ltd (“MyPet”, “us” and “we” below), Company Number NI658909, a limited company registered in Northern Ireland and you will find us at our office address which is 35 Greystone Road, Antrim, BT41 1HW.
1.2 When these terms apply
These Terms of Service (“Terms”) apply when you (“your” and “User” below) create an account to use any features, services, products or tools (together, the “Services”) offered on our platform(s) at app.mypethq.io, mpfv.mypethq.io, microchip.mypethq.io or our app found on the Apple and Android App (the “Platform(s)”). These Terms are separate to Terms of and conditions for our Site which apply when you are using our website (https://mypethq.io
). To view our terms and conditions for our Site, click here.
IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS YOU MAY NOT USE THE PLATFORM OR OUR SERVICES. IF YOU HAVE PROCEEDED TO PAYMENT AND THEN COMMENCE USE OF THE SERVICES WE WILL DETERMINE THAT YOU HAVE ACCEPTED THESE TERMS IN FULL.
1.3 Terms subject to change
Please note that we may change, modify, add or remove sections of these Terms from time to time. We will post any changes to our Site by updating these Terms, but we may not make any separate publication about such changes, so please revisit these Terms every so often, because we assume that you agree with these Terms at all material times if you continue to use our Services.
These Terms were last updated on 25 May 2020.
2.1 It’s your data
Your personal and company data is sensitive and entitled to protection. All rights, titles and interests in your data held in the MyPet platform are 100% yours. Any personal, company and user-generated information will only ever be uploaded voluntarily by you. We’ll never share or make your data or information available to anyone without your permission (other than being legally required such as a court order).
Your data is uploaded and downloaded over a secure connection, your credentials are encrypted. We don’t store (or even know) your password. Your company data and any Confidential Information you may upload to the platform is stored securely, and only people you have authorised and provided credentials to; can access your data. We expect you to ensure that your team have strong passwords, ideally different from their social network site logins.
2.2 Account Creation
If you establish an account on the Platform, you are responsible for maintaining the confidentiality of your user ID and password, and you are responsible for all activities that occur under your password or user ID. You agree to: (i) log out from your account at the end of each session; and (ii) immediately notify us at email@example.com of any unauthorised use of your password or user ID or any other breach of security.
You are responsible for all content that you transmit or otherwise make available to our Site and Platform. Your access to and use of this Platform may be monitored, including but not limited to, for the purpose of identifying illegal or unauthorized activities.
2.3 Data collection
Subject to the confidentiality obligations created under these Terms (see below), you agree that we have the right to collect and analyze specific data points and other information gained from your company profile, settings and including but not limited to interactions with our team on our chat support. This covers, without limitation, information concerning your data and data derived therefrom, and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Site/Platform and for other development, diagnostic and corrective purposes in connection with the Site/Platform; and (ii) to disclose such data solely in aggregated or other de-identified form in connection with our business, for example, we could indicate that a business adds on average 5 amount of customers per week or that a pet owner accesses their account 4 times per month.
2.4 Granting ourselves access for customer support purposes
Occasionally you may contact us for customer support. It may be necessary for our team to access your or your company’s profile page for the purpose of assistance, to enable them to see what you are having an issue with or for them to inspect something you have referred to. This will only happen with your implied consent to do so, such as during an active conversation between yourself and a team member on our live chat software or where it is necessary to answer a question you have asked them on email or phone call.
2.5 Providing platform feedback
If you give us feedback on the Platform, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary and implementation of that feedback is owned by us and may become part of the Site or the Platform without compensation to you. We reserve all rights in and to the Platform unless we expressly state otherwise.
2.6 Proprietary Rights
We own and retain all right, title and interest in and to (a) the Services and Platform, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with our Services or support or the Platform, and (c) all intellectual property rights related to any of the foregoing, including but not limited to all text, published material, document creation “flow”, sound, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, and “look and feel” of the Platform and any related Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You will own all right, title and interest in and to your personal data and Confidential Information.
No rights or licenses are granted except as expressly set forth herein.
3.Payment of Fees
3.1 General payment information
You will pay us the fees together with any tax described for each Service you subscribe for.
We reserve the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Service Term (defined below) or then‑current renewal term upon prior notice to you, which may be sent by email.
3.2 Additional fees
You may be required at a point to pay additional fees, you agree to pay the additional fees in the manner provided herein. This may happen where you request a bespoke feature on the platform. This will only happen with your explicit agreement.
Except as otherwise provided, payment for invoices is due within 30 days of your receipt of the applicable invoice.
If payment is not received by the due date, we reserve the right to, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at the rate set by The Late Payment of Commercial Debts (Interest) Act 1998 and to charge all expenses of recovery (including reasonable legal fees), (ii) suspend your access to the Services until overdue amounts are paid in full, including any interest assessed on the overdue amounts, and (iii) terminate our agreement.
Pricing is subject to any promotional offers we may make from time to time. For example, we may be inclined to offer discounted Fees for our subscription products. If we do that, we reserve the right to start charging you Fees at the standard non-promotional advertised price on our Site after the promotional period ends.
3.5 Incorrect bills
If you believe that we have billed you incorrectly you must contact us no later than 7 days after the invoice in which the error or problem appeared. Inquiries should be directed to firstname.lastname@example.org
8.Term and Termination
8.1 Term of agreement
Subject to earlier termination as provided below, our agreement under these Terms is for the Service Term specified in the plan you signed up for. Upon expiry, the plan may auto-renew (if applicable) or you may sign up for additional Services as made available on the Platform at that time.
8.2 Termination rights
In addition to any other remedy, either party may also terminate our agreement under these Terms upon thirty (30) days’ notice. For any material breaches of these Terms, we may terminate our agreement with you with immediate effect. You will pay in full for the Services that you contracted for. Upon any termination, your documents and data will be stored by us for a reasonable amount of time following non-renewal of your subscription so that you can continue where you left off once you choose to re-subscribe, but we do not guarantee that we will store this data forever and will not be held responsible or assume any liability for it’s deletion. As such, we recommend you request from us your documents and data before your decision not to renew your subscriptions so you have your own copy of that information should you need them outside of being a SeedLegals subscriber.
Some of the terms in our agreement will continue to be enforceable, even after termination including, without limitation, the right to be paid, confidentiality obligations, warranty disclaimers, and limitations of liability.
8.3 Effect of choosing not to renew your subscription service term
If you choose not to renew your subscriptions, you will be unable to access your account that you have created and any data associated with it. Your data will be stored by us for a reasonable amount of time following non-renewal of your subscription so that you can continue where you left off once you choose to re-subscribe, but we do not guarantee that we will store this data forever and will not be held responsible or assume any liability for it’s deletion. As such, we recommend you request a copy of your data before your decision not to renew your subscriptions so you have your own copy of that information should you need them outside of being a SeedLegals subscriber.
9.Representations & Warranties
By entering into an agreement under these Terms on behalf of a company or other legal entity, you represent that you have the appropriate authority to bind such entity and its affiliates to these Terms. In which case the terms “you”, “your” and “user” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with the Terms, you must not accept any agreement under these Terms and may not use the Platform or our Services.
9.2 Appropriate use
You confirm that:
you are over 18 years of age;
are only using the Platform for your own personal use or as a person with appropriate authority on behalf of a company or other legal entity;
that you comply with all applicable laws, rules, regulations and court orders; and
that you adhere to all our published policies then in effect
Should you not be able to confirm the above you must stop using the Platform and our Services immediately.
You warrant that you will not, directly or indirectly:
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”);
modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by us or authorized within the Services);
use the Services or any Software for time-sharing or service bureau purposes or otherwise for the benefit of a third party;
introduce or permit the introduction of any virus into our IT systems;
access all or any part of our Platform or Services in order to build a product or service which competes with us; or
remove any proprietary notices or labels.
9.4 Your indemnity to us
You hereby agree to indemnify and hold us harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action howsoever arising as a result of an alleged violation of these Terms or otherwise from a User’s use of the Materials or Services.
10.Disclaimers & Limitation of Liability
10.1 Limitation of liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our team and for fraud or fraudulent misrepresentation.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE AND OUR OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY:
(A) FOR USE OF THE PLATFORM, SERVICES OR FOR ERROR OR INTERRUPTION OF USE OF THE PLATFORM OR SERVICES
(B) FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS;
(C) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;
(D) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR
(E) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO US FOR THE SERVICES UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Cannot guarantee uninterrupted service
Whilst we do not guarantee that our Platform or any Services available through it will always be available or be uninterrupted or error free, we will use reasonable efforts consistent with prevailing industry standards to maintain the Platform in a manner which minimises errors and interruptions in the Platform and our Services. We will perform Platform updates in a professional and workmanlike manner. The Platform may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance or because of other causes beyond our reasonable control, but we will use reasonable efforts to communicate this via social media channels or on our Site, and we will aim to provide (where possible) an estimated time by which the Platform and Site will resume their normal service.
10.3 Disclaimer of warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OUR SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. WE SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT YOUR PROPOSED USE OF OUR PLATFORM OR SERVICES COMPLIES WITH APPLICABLE LAWS AND REGULATIONS IN YOUR JURISDICTION(S). YOU ACKNOWLEDGE AND AGREE, THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY US WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMEN
Access as an authorised user is provided for the purpose of providing and/ or accessing data in order to help in reuniting a lost animal whose information is stored on the MyPet database.
Access as an authorised user will only be granted to a select group of users including but not limited to:
Any UK police force employee
Any local council employee involved in the car of animals
Any registered charity when that charity’s work involves animals. (Rescue centres etc)
Any registered veterinary practise. (Vet or practise must be registered with RCVS)
Access as an authorised user is granted manually after a review process within MyPet. Please contact us should you wish to inquire about this process. It is a robust process with our users privacy at the centre.The information must only be utilised for the reuniting of stray / lost animals and for no other purpose. MyPet Headquarters Ltd does not accept responsibility for any act that may occur from the misuse of the information. Any data provided to you as an authorised user must not be provided to any third party other than in helping in the reunification of a pet. Please ensure that any person you supply the information to as a legitimate need for the information. (Scuh as a dog warden or police authority.
At any point MyPet reserves the right to revoke an authorised user account if we suspect that the account is being misused and will report any suspected misuse to the authorities where required.
You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. The failure by us to enforce any provision in these Terms will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
If any reference in these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Our agreement under these Terms is not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer and assign any of our rights and obligations under these Terms without consent. Our agreement under these Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of our agreement under these Terms and you do not have any authority of any kind to bind us in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and legal fees.
All notices under these Terms will be deemed to have been duly given when received, or if transmitted by email, the day after it is sent.
Our agreement under these Terms will be governed by the laws of Northern Ireland and we both agree to the exclusive jurisdiction of the courts of Northern Ireland.