TERMS OF SERVICE
Last Updated: June 1, 2023
1. Introduction
1.1 These General Terms and Conditions (hereinafter "Terms") govern the use of the "daphnee" mobile application (the "App") and the "daphnee pro" Software as a Service model (the "SaaS Model"), collectively referred to as "Services," offered by Daphnee GmbH ("we", "us", "our"). We strive to offer Services that are easy to understand, helpful, and reliable. By using our Services, you agree to comply with these Terms and all applicable laws.
2. Registration and Licensing
2.1 The "daphnee" App
2.1.1 Pet owners can download the App for free and register an account. Users must be over 18 years old to register. We reserve the right to refuse registration if we determine that the user does not meet the eligibility criteria.
2.1.2 When downloaded from the Apple App Store, the "daphnee" App is licensed, not sold, to you. Your license to use the App is subject to your prior acceptance of the Standard EULA provided by Apple. The full content of the Standard EULA can be found at Apple EULA Link
The same applies to the "daphnee" App downloaded from the Google Play Store, which is licensed according to the Google Play Developer Distribution Agreement (Google EULA). The full content of the Google EULA can be found at Google EULA Link.
2.2 The "daphnee pro" SaaS Model
2.2.1 Pet professionals can utilize the SaaS Model by entering into a paid contract with us. This contract, separately negotiated, governs the use of the SaaS Model by pet professionals. It is designed to provide maximum flexibility and scalability to meet the unique needs of each professional.
3. Use of the Services
3.1 The "daphnee" App
3.1.1 Users may only use the App for lawful purposes and in a manner that complies with these Terms. To ensure a safe and respectful environment, users agree not to use the App in the following ways:
a. In a manner that violates applicable law or regulations;
b. In a manner that infringes the rights of third parties, including intellectual property rights;
c. In a manner that jeopardizes or disrupts the security of the App or other users;
d. To send spam or unsolicited messages to other users;
e. To collect or use personal data of other users without their consent;
f. To send commercial advertisements or marketing material without the explicit permission of the recipient;
g. To send or post inappropriate or offensive material.
3.1.2 We reserve the right, at our sole discretion and without prior notice, to remove content that violates these Terms, to restrict access, or to terminate accounts.
3.2 The "daphnee pro" SaaS Model
3.2.1 Professionals may only use the SaaS Model for lawful purposes and in a manner that complies with these Terms. To protect the integrity of our platform and the privacy of all parties involved, professionals agree not to use the SaaS Model in the following ways:
a. In a manner that violates applicable law or regulations;
b. In a manner that infringes the rights of third parties, including intellectual property rights;
c. To send or distribute unauthorized marketing or advertising materials;
d. To share or distribute data or information without the explicit consent of the involved parties.
4. Limitation of Liability
4.1 We are not liable for losses or damages resulting from the use of the Services, unless they are due to gross negligence or intentional action on our part.
4.2 We take no responsibility for the content that pet professionals provide on the SaaS Model. We do not review the content and make no warranty as to the accuracy or completeness of the content.
5. Changes to the Terms
5.1 We reserve the right to change these Terms at any time. The changes will be announced by publishing the revised Terms on our website or by notifying all users by email. We encourage you to review these Terms periodically for any changes.
5.2 By continuing to use the Services after a change to the Terms, you agree to the amended terms.
6. Termination
6.1 We reserve the right to terminate or discontinue the Services at any time. We will provide as much notice as possible if we intend to discontinue the service.
6.2 You can terminate your account at any time by contacting us by email. We reserve the right to terminate your account if you violate these Terms.
7. Intellectual Property
7.1 All intellectual property rights related to the Services, including all trademarks, copyrights, and patents, remain with us or our licensors.
7.2 You may not copy, reproduce, distribute or otherwise use content or materials from the Services unless expressly permitted in these Terms or in a separate written agreement.
8. Privacy and Data Protection
8.1 We respect your privacy and are committed to protecting your personal data in accordance with the General Data Protection Regulation (GDPR) and all applicable data protection laws. Information on how we collect, use, and process your personal data can be found in our Privacy Policy.
8.2 By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy and that you understand your rights under the GDPR.
9. Miscellaneous
9.1 These Terms represent the entire agreement between you and us regarding the use of the Services and supersede all prior agreements or arrangements.
9.2 If any provisions of these Terms are invalid or unenforceable, the validity of the remaining provisions remains unaffected.
9.3 These Terms are subject to the laws of the country where we have our headquarters, and all disputes are subject to the exclusive jurisdiction of the courts of this country. For any queries related to these Terms, please reach out to us via our contact form available at https://daphnee.io/contact. By using our Services, you agree to comply with and be bound by these Terms.
Summary
This document outlines the terms and conditions for the use of the "daphnee" app and "daphnee pro" SaaS model offered by Daphnee GmbH. It provides specific guidelines on registration, acceptable use, limitations of liability, intellectual property rights, changes, termination, privacy, and miscellaneous matters. These terms are subject to change, and users are encouraged to periodically review them. Continued use of the services indicates acceptance of these terms.
