Legal
End User License Agreement
By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update
thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this
License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the
Licensed Application, such as warranty, liability, maintenance and support thereof. Tailblaze, LLC , not the Services, is solely responsible for the
Licensed Application and the content thereof.
TABLE OF CONTENTS
Furthermore, it is used to make payments to a pet-care business and manage subscriptions through our payment processor
receive push notifications about your business and community schedule, events, and activities
upload and share your pet's photos, videos, and documents with your business and community
grant access to device features such as your camera, photo library, and precise location where needed to complete an action you have requested (for
example, taking a check-in photo or getting directions to a facility)
The Licensed Application is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to
such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
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2 This license will also govern any updates of the Licensed Application provided by Licensor that
replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new
license will govern.
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3 You may not share or make the Licensed Application available to third
parties (unless to the degree allowed by the Usage Rules, and with Tailblaze, LLC 's prior written consent), sell, rent, lend, lease or
otherwise redistribute the Licensed Application.
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4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify,
combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Tailblaze, LLC 's prior written consent).
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5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or
alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms
of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property
notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must
remove the Licensed Application from the Devices before doing so.
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6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may
be subject to prosecution and damages.
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7 Licensor reserves the right to modify the terms and conditions of licensing.
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8 Nothing in this license should be interpreted to restrict third-party terms. When using the
Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is
solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play
Store Overview for this Licensed Application.
5. USE OF DATA
You acknowledge that the Licensor may periodically collect and use
technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for
purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or
technologies to you, as long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
1. The creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the
necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your
Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or
permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or
misleading.
5. Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
8. Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable
law, regulation, or rule.
10. Your Contributions do not violate the privacy or
publicity rights of any third party.
11. Your Contributions do not violate any applicable
law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive
comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or
link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates
this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or
making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically
grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising,
or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you
expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen
or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware
at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
9.5 In the event of any failure of the Licensed
Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the
maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any
other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on
faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of
limitation given by law apply for users who are consumers.
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit .
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government
embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted
parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
13. TERMINATION
The license is valid until terminated by Tailblaze, LLC or by You. Your rights under this license will
terminate automatically and without notice from Tailblaze, LLC if You fail to adhere to any term(s) of this license. Upon License termination, You
shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google
and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both
Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
This License Agreement is governed by the laws of the State of Delaware excluding its conflicts of law
rules.
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Collateral agreements, changes and amendments are
only valid if laid down in writing. The preceding clause can only be waived in writing.
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.3 Personal, non-commercial use and business memberships.
The Licensed Application is licensed to you for your personal, non-commercial use as a member of one or more participating pet-care
businesses. Businesses that wish to use Tailblaze to operate their own business must instead subscribe to the Tailblaze business platform
under separate commercial terms available at https://tailblaze.dog/business-terms.
Certain features of the Licensed Application require you to be an active member of a Tailblaze-powered pet-care business. If your membership
with a business ends, or if the business chooses to leave the Tailblaze platform, your access to features that depend on that membership may
end or change. Tailblaze, LLC is not responsible for a business's decision to end your membership or to stop using Tailblaze.
Your use of the Licensed Application is also governed by our Community Terms at https://tailblaze.dog/terms and our Acceptable Use Policy at https://tailblaze.dog/acceptable-use. In case of any conflict
between this License Agreement and those documents with respect to community conduct or user-generated content, those documents control.