These Terms of Service together with any referenced documents (the “Terms”) govern the use of any and all Petme services, including but not limited to the “Petme” mobile application (the “Mobile Application”), the https://petme.social/ website (the “Website”), as well as any of their related products and services (collectively, the “Platform”), and any photos, audio, videos, information, text, links, graphics, or other materials or arrangements of materials uploaded, downloaded or appearing on the Platform (collectively, “Content”). The Terms are a legally binding contract between you (“User/you/your”) and Zeros Group OÜ (as defined below “we/us/our/Petme”). You form a contract with us when you confirm that you accept these Terms or when you otherwise use the Platform. If you are entering into this contract on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this contract, in which case the terms “User”, “you” or “your” shall refer to such entity. If you are not authorized to enter into this contract or do not agree to be bound by any term or condition contained in these Terms, you must not access and use the Platform. By accessing and using the Platform, you expressly acknowledge that you have read, understood, and agree to be bound by the Terms.
Details of the provider of the Platform
The Petme Platform is owned and operated by Zeros Group OÜ, registered in the e-Business Register of Estonia under number 16572135, having its registered office at Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 12, 10151, Estonia (hereinafter referred to as “We/Us/Our/Petme”).
Contact details:
What services are covered by these Terms
The Platform and the services we offer through it may be modified or discontinued, from time to time, temporarily or permanently, at our discretion. We may stop (permanently or temporarily) providing any or all services or any features within the Platform to you or to users generally without prior notice. You agree that Petme shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform. We furthermore retain the right to remove, limit distribution and/or visibility of any Content, suspend and terminate accounts without prior notice and without liability to you, as provided for under these Terms.
Using the Platform
We give you a personal, worldwide, non-exclusive, revocable, non-transferable, royalty-free license to access and use the software of the Platform. Such a license can be withdrawn at any time for the reasons allowed under these Terms. The Platform and the services provided are protected by copyright, trade mark and other laws in the European Union and other countries. Nothing in these Terms gives you a right to use the Petme name or any of the Petme trade marks, logos, copyright, domain names, website/app design, other distinctive brand features, and other proprietary rights. Except for the rights specifically granted under these Terms, you are not given any right, title or interest in or to the Platform and the services (excluding Content created by users), and Petme expressly reserves all such rights, title and interests. Petme shall hold title to all intellectual property rights in and to the Platform and services. Such intellectual property rights may only be used by you in the manner stated in these Terms. Under no circumstances shall you or a third party acquire any intellectual property rights to the Platform or services provided on it. Access to the Platform and services is licensed, and not sold, on the terms set out in these Terms.
Your Account
In order to access the Platform, you must create an account with us. We may offer different types of accounts. When you create your account, you must provide accurate and up-to-date information about yourself and your pets (for example, date of birth). If any of your information changes, you agree to promptly and accurately update it.
It is your responsibility to keep your account and password safe by choosing a strong password, not sharing it with anyone and limiting its use to this account. We will not be liable for any loss or damage if you fail to follow the aforementioned advice and otherwise properly safeguard your account.
Who can use the Platform
You must be 16 or older in order to use the Platform. By entering the Platform and creating an account you declare that you are 16 or older. We will terminate your account without prior notice if we suspect that you are underage. You may appeal the termination of your account if you think we made a mistake, by contacting us at support@petme.social.
How to use the Platform
Petme allows you to create and share Content of/for yourself and your pets, interact with others and view and share their and their pets’ Content. We want Petme to be a safe space for animals and humans alike and use reports from our users, automated means and human review in order to identify infringements of and enforce the Terms and any other applicable rules, laws and regulations.
You can report any suspected illegal content or content in breach of these Terms by emailing us at support@petme.social.
What you can do on Petme
Under these Terms, you can use the Platform to create Content for your pets and yourself, share your, your pets’ and other users’ Content, interact with other users and their pets, view Content created by other users and their pets, use the features and functionality on the Platform as provided to you from time to time, subject to the rights and limitations as provided under these Terms.
If you submit any comments, suggestions or feedback to us, you agree that we will be free to use them as we see fit without any compensation or liability to you.
What you cannot do on Petme
You must not use Petme for:
- any illegal purposes or anything in breach of these Terms, national and international laws, treaties, rules and regulations;
- engaging with animals, humans or minors in any exploitative or inappropriate way;
- working around any technical limitations in the software of the Platform or reverse engineer, temper with, decompile or disassemble the software of the Platform;
- extracting any data or content from the Platform using any automated system or software;
- spamming other users or their pets;
- sharing other users’ personal or confidential information or using it in an inappropriate way;
- using or attempting to use another user’s account without authorisation;
- posting or sharing Content, which: (i) is illegal; (ii) spreads harmful misinformation or hate speech; (iii) is abusive or prejudicial to animals, humans or minors; (iv) is pornographic, inflammatory, obscene or of sexual nature, or promotes sexually explicit material; (v) infringes on anyone else’s rights, including but not limited to their intellectual property rights, human rights, animal rights, privacy rights and/or image rights; (vi) contains or promotes discrimination based on nationality, race, ethnicity, religion or belief, sexual orientation, gender identity, sex, disease or disability, or age; (vii) contains or promotes violence towards animals or humans; (viii) contains a threat of any kind or which intimidates or harasses others; (ix) is harmful in any other way towards animals, the environment and/or humans.
We reserve the right to remove any Content, which, in our opinion, is in breach of these Terms or is in any way harmful to animals, humans and/or other users, without any prior notice and without any liability to you. We furthermore reserve the right to suspend or terminate your account without prior notice and without any liability to you if we see or suspect that you have not complied with the above or otherwise breached these Terms or any other rules, laws or regulations.
You can report any suspected illegal content or content in breach of the above or of these Terms by emailing us at support@petme.social or tapping on the “Report a problem” section in the settings of the Petme app. You can also report a single post or user through the “Report” button in the menu in the upper right corner of each post and profile. We will act on the report within 24 hours.
In addition, you can report suspected infringements of your or others’ intellectual property rights through our trademark or copyright infringement reports.
Your Content
We do not own your Content – it will always be yours. You are responsible for the Content you create and post on the Platform and you should make sure you have all the needed rights to do so. For example, some Content that you share or upload may be protected by intellectual property laws. You own the intellectual property rights in any original Content that you create and nothing in these Terms takes away your rights.
We do not take any responsibility for Content created or shared by you or other users. We cannot guarantee that Content on the Platform is suited for your purposes, is appropriate, is inoffensive, is legal, does not infringe on third parties’ rights or is accurate. We do not monitor or endorse the Content created or shared by users and are excluded from any and all liability for loss or damage caused by such Content or events beyond our reasonable control. We, however, promise that we will act expeditiously and diligently to remove or restrict access to any Content, which is in breach of these Terms, is illegal or harmful, as soon as we become aware of it, and prevent its future re-uploading on the Platform, where it is within our technical means to do so. We are solely responsible for Content created by us and our own compliance with these Terms, and we promise to take all reasonable steps to keep a safe environment on Petme for animals and humans alike.
Nothing in these Terms affects any statutory rights that you cannot contractually agree to alter or give up, or are legally always entitled to as a consumer. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. You will always have the full protections of the laws that apply to you. If you are an EEA-based consumer, then EEA consumer laws provide you with a legal guarantee covering the Platform.
In order to properly be able to operate the Platform, we need a legal permission from you to do so – this is called a “license”. By submitting/creating/posting Content on the Platform as well as by accessing and using the Platform, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, and worldwide license to use your Content, including but not limited to copy, issue copies, communicate or make available to the public, distribute, make derivative works, adapt (including but not limited to insertion of watermarks), translate, rent, lend, publicly perform or display your Content. The license extends to our licensees, partners and affiliates.
The term of the licenses you grant to the Platform is limited to the period in which you have an active account or your Content is available on the Platform (i.e. once you remove your Content, the license ends). Nevertheless, the license will sometimes still be in force even after removing your Content or deleting your account in case other users have used your Content, where permitted by law or otherwise and/or authorized, or where we are legally obliged to store and process your Content.
We may remove or restrict access to your or any user’s Content, if we reasonably believe that it: (i) is illegal or infringing upon third parties’ rights; (ii) is in breach of these Terms; or (iii) causes harm to us, other users or other third parties. If we remove or restrict access to your Content and you think that we have made a mistake, you may appeal our decision through the Platform’s functionalities or contact us at the following email: support@petme.social. You need to duly justify the reasons for your request, we will review it and make a final decision without undue delay.
You can remove your Content from the Platform at any time. If you remove your Content from the Platform, the license granted to us ends, subject to the limitations mentioned above.
Intellectual property
The respect for intellectual property rights is of utmost importance on our Platform. We expect from you to respect and abstain from infringing third parties’ intellectual property rights, be it of users of the Platform or not. There are several different intellectual property and similar rights. The most common you might encounter on Petme are copyright and trademarks, but other rights include patents, industrial designs, utility models and others.
Copyright
Copyright (or author’s right) is a legal term used to describe the rights that creators have over their original literary and artistic works. Such works could be books, music, paintings, sculpture, films, computer programs, databases, advertisements, maps, and technical drawings. Copyright does not need to be registered and the protection starts once the work is created. In most countries, the protection lasts for the life of the author plus 70 years after its death.
These Terms expressly prohibit the intended or accidental infringement of copyright and related rights (such as rights of performers, music producers and broadcasters) on the Platform. Content infringing on third parties’ copyright might be removed and in case of repeated violations, your account could be suspended or terminated. We also reserve the right to restrict access to, suspend or terminate any future accounts you create with us, if we have previously determined that you have violated another’s copyright on multiple occasions.
Not all use of copyrighted material is a violation, however. In the European Union, there are some allowed uses, called “exceptions”, of copyright protected works. Users are allowed to use copyrighted Content freely for purposes of quotation, criticism, review, caricature, parody and pastiche. This means, for example, you are free to use copyrighted material to create memes or GIFs.
If you are an author whose work has been copied or otherwise used without authorisation on the Platform, we would suggest, firstly, to contact the user who allegedly infringed your copyright. In many cases, this type of issue could be resolved in an amicable manner – very often people are simply unaware of the law.
If an amicable settlement is not feasible or possible, you may submit a copyright infringement report to request removal of the allegedly infringing Content. Please provide as much detail as possible about the infringement, so that we may process it expeditiously. If you do not provide sufficient details, we might not be able to act on it. We may provide the user allegedly infringing your copyright with your contact information and/or details of the complaint. In any case, we reserve the right to decide whether to remove the Content or not without any liability to you. Nothing in these Terms prevents you from seeking legal recourse to resolve the dispute with the user before the courts or other competent organs. Petme is in no way responsible for the Content created, posted or shared on the Platform, except for when it has been created by us.
Trademarks
From a legal point of view, a trade mark is any sign that is capable of being represented graphically. It may take the form of a word, an image, a logo, a color, a shape, a pattern, a motion or a combination of all of those things. A trade mark primarily helps customers identify a business by distinguishing the goods and services it offers from those of its competitors.
Unlike copyright, in most countries trade marks need registration in order to have effect and they can be registered on a national, regional or international level. Trade marks are valid for 10 years and can be renewed indefinitely.
Trade mark infringement is the unauthorized use by a third party of a trade mark that is identical or similar to a previously registered trade mark in connection with identical or similar products/services, for commercial gain. Counterfeiting is a specific type of infringement. A counterfeit is an unlawful total or partial reproduction of a registered trade mark or a mark that is very similar to a registered trademark on a product or packaging of a product that does not originate from the trademark holder.
These Terms expressly prohibit the intended or accidental infringement of trademarks on the Platform. Content infringing on third parties’ trade marks might be removed and in case of repeated violations, your account could be suspended or terminated. We also reserve the right to restrict access to, suspend or terminate any future accounts you create with us, if we have previously determined that you have violated another’s trade marks on multiple occasions.
Similar to copyright, there are some permitted uses of third parties’ trade marks – generally when they are not used in trade and there is no confusion created as to the origin of the goods and/or services in question.
If you are a trade mark owner, whose trademark has been used in an improper way and without authorisation on the Platform, we would suggest, firstly, to contact the user who allegedly infringed your trade mark. In many cases, this type of issue could be resolved in an amicable manner – very often people are simply unaware of the law.
If an amicable settlement is not feasible or possible, you may submit a trademark infringement report to request removal of the allegedly infringing Content. Please provide as much detail as possible about the infringement, so that we may process it expeditiously. If you do not provide sufficient details, we might not be able to act on it. We may provide the user allegedly infringing your trademark with your contact information and/or details of the complaint. In any case, we reserve the right to decide whether to remove the Content or not without any liability to you. Nothing in these Terms prevents you from seeking legal recourse to resolve the dispute with the user before the courts or other competent organs. Petme is in no way responsible for the Content created, posted or shared on the Platform, except for when it has been created by us.
If you have any questions about intellectual property rights in general or their infringement/fair use in particular, we suggest you consult a lawyer specialized in intellectual property law. Likewise, if you are unsure whether someone is violating your intellectual property rights or whether you are violating another’s rights, we suggest you consult a lawyer specialized in intellectual property law before reporting infringing Content.
Limitation of liability and disclaimers
Your use of the Platform or access to any Content are at your own risk.
All Content you created shall remain your sole property. Petme shall have no liability for such Content. By uploading Content, you represent and warrant to us that you have obtained all necessary licenses, authorizations, consents and agreements necessary for the lawful use of such Content by Petme and by third parties in accordance with these Terms and in order for Petme to provide the Platform and associated services. You acknowledge and agree that Petme does not control the Content posted by you or other users, and does not guarantee the accuracy, integrity or quality of such Content. You agree that you must evaluate, and bear all risks associated with, the use of any third party Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances will Petme be liable in any way for your or any third party Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content created, posted or shared on the Platform.
Petme refers to Petme, its officers, affiliates, related companies, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, Petme disclaims all warranties and conditions, whether express or implied, of fitness for particular purpose or non-infringement. To the maximum extent permitted by applicable law, in no event shall Petme be liable for any special, incidental, indirect, or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, business interruption, loss of business information, loss of data, use, goodwill or other intangible losses, or any other pecuniary loss, resulting from accessing and using the Platform, or from your inability to access or use the Platform or any of the services provided on it, or any conduct or Content of any other user (including, but not limited to conduct that is illegal, offensive, defamatory or abusive). Petme makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Platform or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Platform or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Platform; and (iv) whether the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. In any case, Petme’s entire liability under any provision of this agreement shall be limited to the amount of €100.00 (one hundred euro). The limitation of this clause shall apply on any legal or equitable theory of liability, and whether or not Petme has been advised of the possibility of such damages.
The Platform may contain links to third party websites, apps or platforms that are not owned or controlled by Petme. Petme has no control over any linked third party websites, apps or platforms, is not responsible for the content of such websites, apps or platforms, and makes no representations or warranties with respect to those.
Privacy Policy
In accordance with the General Data Protection Regulation (GDPR) and other applicable regulations, we handle the information you provide to us as described in our Privacy Policy, which can be accessed at https://petme.social/privacy-policy/. We advise you to familiarize yourself with our Privacy Policy. By agreeing to these Terms, you consent to the collection, processing and use of your personal data as set forth in our Privacy Policy.
Assignment of rights
These Terms, and any rights and permissions granted in them, may not be transferred or assigned by you, but may be assigned by Petme without restriction. If assignment or transfer from Petme to another entity takes place, your rights as a consumer will not be affected. If you do not agree with such assignment or transfer, you are free to terminate this agreement by deleting your account and stopping your use of the Platform and services provided on it.
Ending these Terms and our relationship
You may end the agreement with Petme under these Terms at any time by deleting your account. Some of the Content you have posted on the Platform may still be available after deleting your account, in accordance with permitted or authorized use by other users.
We may restrict access to, suspend or terminate your account and any Content you have created or shared on the Platform without prior notice and without any liability to you, if: (i) we determine or reasonably believe that you are in breach of these Terms; (ii) we have a legal obligation to do so; (iii) we face a technical or security issue; (iv) there is a prolonged inactivity of your account or you have not logged in for an extended period of time; or (v) for any other reason that we determine adequate. In such cases, we may reclaim your account name and make it available to other users. We also reserve the right to restrict access to, suspend or terminate any future accounts you create with us, if we have previously determined that you have breached these Terms.
We will make reasonable efforts to notify you at the email address associated with your account or through the functionalities of the Platform, but we have no obligation to do so. If you consider that your account and/or Content have been improperly suspended or removed, you may appeal our decision through the Platform’s functionalities or contact us at the following email: support@petme.social. You need to duly justify the reasons for your request, we will review it and make a final decision without undue delay.
For the avoidance of doubt, these Terms survive the deactivation or termination of your account.
Dispute resolution and applicable law
These Terms shall be governed by and construed in accordance with Estonian law and the parties to this agreement irrevocably submit to the exclusive jurisdiction of the courts of Estonia in respect of any claim, dispute or difference arising out of or in connection with this agreement.
Entire agreement
These Terms constitute the entire agreement between you and Petme. Should any provision of these Terms be determined to be void, invalid, unenforceable or illegal for whatever reason, such provision(s) shall be null and void; and the remaining provisions of these Terms shall be unaffected thereby and shall continue to be valid and enforceable.
Any provisions of these Terms, which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Petme’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Revisions of Terms and changes to the Platform
We may revise these Terms and/or make changes to the Platform from time to time. The revisions will not be retroactive, and the most current version of the Terms, which will always be available at https://petme.social/terms-of-service/, will govern the agreement between you and Petme. We will try to notify you of important revisions/changes through email or the Mobile Application. However, where those revisions and/or changes are urgent in nature, for example to fix a security or technical issue, we might not be able to notify you in advance. If you do not agree with some or any of the revisions of the Terms or changes to the Platform, you should stop using our services. By continuing to access or use the Platform, you agree to be bound by the revised Terms.
