Terms and Conditions – Maven

Maven | Terms of Service

PLEASE READ THE FOLLOWING TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES (AS DEFINED BELOW) OFFERED BY MAVEN PET, INC. (“US”, “WE”, “OUR” or “MAVEN”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE MAVEN SOFTWARE EMBEDDED WITHIN THE PET HEALTH TRACKER, THE MAVEN SUBSCRIPTION SERVICE(S) USED IN CONJUNCTION WITH THE PET HEALTH TRACKER (“SUBSCRIPTION” OR “MEMBERSHIP”), AND THE SERVICES, FEATURES, CONTENT, WEBSITES (OR OTHER LINKED PAGES) OR APPLICATIONS OFFERED, FROM TIME TO TIME, BY MAVEN IN CONNECTION THEREWITH (COLLECTIVELY, THE “SERVICE(S)”). THESE TERMS COVER IMPORTANT INFORMATION ABOUT SERVICES PROVIDED TO YOU AND ANY CHARGES AND AMOUNTS WE BILL YOU. THESE TERMS INCLUDE INFORMATION ABOUT FUTURE CHANGES TO THESE TERMS AND AUTOMATIC RENEWALS.

“YOU” AND “YOUR” REFER TO THE PERSON ACCESSING OR USING THE SERVICES, OR IF YOU CREATE AN ACCOUNT ON BEHALF OF AN EMPLOYER, COMPANY, ORGANIZATION, OR OTHER ENTITY, THEN (I) ALL REFERENCES TO “YOU” HEREIN INCLUDES YOU AND THAT ENTITY, (II) YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE ENTITY WITH THE AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, AND (III) YOU AGREE TO THIS AGREEMENT ON THE ENTITY’S BEHALF.

BY ACCESSING AND USING THE SERVICE IN ANY MANNER, you acknowledge that you have read, understood, and agree to be bound by this Agreement and the Maven Privacy Policy (link to policy) (The “privacy policy”), which is incorporated into this Agreement by this reference. If you do not accept this Agreement and the Privacy Policy, you are not authorized to use the Services.

1. INTRODUCTION

Maven provides proactive pet care, improving pets’ quality of life and bringing owners peace of mind. The Services allow you to track, manage and share wellness-related information collected by the Pet Health Tracker. The Services are provided to you by Maven, in connection with our partners, service providers, sponsors, or other affiliates. So that we may safely and responsibly manage our website and mobile applications for all of our users, your use of the Services is subject to this Agreement and the Privacy Policy. Maven may modify this Agreement, the Privacy Policy, Content and/or the Services at any time and such modification will be effective upon posting such modifications to the Services. By continuing to access or use the Services after such modification, you are agreeing to be bound by the modified Agreement, Privacy Policy, Content and/or the Services, as applicable. Whether you purchased a Membership or received a Membership from a third party, this Agreement will apply to your use of the Services in conjunction with a Membership.

2. REGISTRATION

In order to use the Membership, you must subscribe, pay any applicable subscription fees (“Membership Fees”) when due, and create an account (“Account”). You agree to provide true, accurate and complete information and keep your Account information current and updated. You shall not select or use as a username a name of another person with the intent to impersonate that person or use as a username a name subject to any rights of a person other than you without appropriate authorization. You are solely responsible for any and all activities that occur under your Account or password, and for keeping your Account password confidential and secure. You may never use another person’s account or registration information for the Services without permission. You agree to notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account or password. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. Maven will not be liable for any loss or damage arising from your failure to comply with this Section.

3. ELIGIBILITY

If you are under 13, or 16 where applicable, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. The right to access the Services is revoked where this Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. If you believe that a child under 13, or 16 where applicable, may have provided us Personal Data, please contact us at hi@maven.pet.

4. USE OF THE SERVICES

Maven software, text, graphics, images, video, audio, data and other material are made available to you through the Services (collectively referred to as the “Content”). Subject to this Agreement and your Membership, we grant to you a worldwide, non-exclusive, non-sublicensable and non-transferable limited license to (i) access and use (i.e., to download and display locally) the Content and the software and applications made available through the Services and (ii) use the Maven software embedded within the Pet Health Tracker (the “Tracker”), in each case solely for purposes of using the Services.

Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our partners, sponsors, or affiliates. The Content is protected by intellectual property rights, including copyright under both United States and other laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Other than your rights in any User Content (as defined below), you have no rights in or to the Content, and you may not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. If you violate any part of this Agreement, your permission to access and/or use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.

Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Your use of the Services should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

The Services include access to links to, and content and data from, third-party websites (“External Services”). These links, content, and data are provided solely as a convenience to you, are not an endorsement by us of the content on such External Services and may be subject to separate legal terms and conditions between you and third parties. The content of such External Services is developed and provided by others. In addition, the Services permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.

The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by Maven. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; (ii) any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof; (iii) use of web scraping, web harvesting, or web data extraction methods from Maven even if the Account owner gives permission; and (iv) any use of the Services which is unlawful or in violation of this Agreement.

5. TERMINATION

Unless otherwise prohibited by law, and without prejudice to Maven’s other rights or remedies, Maven shall have the right to immediately terminate (i) your Membership if you breach any of the terms of this Agreement and (ii) any of the Services, in our sole discretion at any time; provided that if you are not in breach of this Agreement, we will provide you with a pro rata refund of any Membership Fee paid by you in advance reflecting the period where you did not benefit from the terminated Services as a result of such termination.

You must maintain an active Membership to continue using the Services. This Agreement and your Membership may be renewed for additional Membership periods pursuant to the Membership purchased. If you do not maintain an active Membership and pay all Membership Fees when due, this Agreement shall terminate.

If you have obtained a free Membership, Maven reserves the right at any time to modify or discontinue, temporarily or permanently, such free Membership, your Account and your access to the Services with or without notice. Unless modified or discontinued by Maven in its sole discretion, your free Membership shall continue until the end of the applicable free Membership period, or until you cancel or upgrade to a paid Membership.

Unless otherwise stated, all Membership Fees are non-refundable, even if you stop using the Services. Your Membership will begin once you connect your Pet Health Tracker, or twenty (20) days after shipment of your Tracker, whichever is soonest. In the case of a monthly Membership, you authorize Maven to charge your credit card after each one (1) month pre-paid period ends and, subject to our Return Policy and limited product warranty below, you may only cancel your monthly Membership after your initial commitment period of six (6) months or twelve (12) months, as applicable, ends. In the case of six (6), twelve (12), eighteen (18), and twenty-four (24) month Memberships, the initial non-refundable (subject to the terms found in our Return Policy and limited product warranty below) Membership Fee covers the first six (6), twelve (12), eighteen (18), or twenty-four (24) months of your Membership (“Initial Membership Fee”), respectively. The Initial Membership Fee also covers the cost of your Tracker, and you will retain ownership of your Tracker after you stop or cancel your Membership and after payment of the Initial Membership Fee.

If any Membership Fees that are due are outstanding for a period of three (3) days or more, your Account will go into an inactive state. In this inactive state, you will be unable to upload data from your Tracker. You will, however, still be able to access any historical data, that is, data which is uploaded prior to your Account entering into an inactive state. Upon appropriate payment, your Account will be reactivated, and you will be able to utilize the full functionality of the Membership and your Tracker.

Upon cancellation or termination, all licenses granted to you hereunder shall terminate automatically, your right to use the Services shall cease and your User Content, as defined below, will no longer be available to you through the Services. You will however have a 7-day grace period, from the moment your subscription is canceled, to access the chat via the app.

6. SUPPORT

You shall receive the support and maintenance, if any, as set forth in Mavens’s FAQs or as provided with your Subscription.

7. USER CONTENT

The Services may include functionality to permit the submission of your Content, whether manually at the direction of users of the Services or automatically in accordance with your Account settings (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You warrant and represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. User Content includes, without limitation, any user profile information you submit and make publicly available, any information collected by the Pet Health Tracker. You understand that Maven does not guarantee any confidentiality with respect to User Content that you submit and make available to others.

You shall be solely responsible for User Content you submit or allow to be collected and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement; and (ii) you have the express specific, informed and unambiguous consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to edit, modify, truncate, aggregate, use, reproduce, distribute, prepare derivative works of, modify, display, perform, publish and otherwise commercially exploit all or any portion of the User Content in connection with our provision of the Services and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels and sharing the User Content with social media platforms (i.e., posting User Content to Twitter or Facebook if enabled in your Account’s sharing settings) with our business partners and licensees for informational and analytical purposes.

If your use of the Services is on behalf of or managed by a coach, team, organizing body or other entity you are affiliated with (“Managing Entity”), your User Content may also be shared with that team or other organization as more fully described in our Privacy Policy. You consent to that sharing and acknowledge and agree that we are not responsible for any use or disclosure of your information by that Managing Entity. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your Account settings, and to use, reproduce, distribute, prepare derivative works of, display, publish and perform such User Content as permitted through the functionality of the Services and under this Agreement. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the Services, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at our sole discretion.

By submitting content, you grant us the right to use, store, and analyze it in accordance with these terms. We may use anonymized and aggregated user data, independent of the time of its collection, for research, product improvement, and internal analysis. Such data will always be stripped of personal identifiers and adhere to privacy standards.

8. PAYMENT OF FEES

a. You agree to pay (i) the Membership Fees as described in this Agreement and during the purchase and payment process; and (ii) the non-refundable Initial Membership Fee (as described above). Any payment terms presented to you in the process of obtaining your Membership are deemed part of this Agreement and are incorporated herein by reference.

Billing. We may collect payments from you directly or we may use a third-party payment processor ( “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for your Membership. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to this Agreement. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Membership, you agree to pay us, either directly or through a Payment Processor, all Membership Fees and other charges at the prices then in effect and in accordance with the applicable payment terms and you authorize us, through a Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment.

Payment Method.The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

Recurring Billing.The Membership payment terms may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Membership Fees have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY, ANNUALLY, OR EVERY TWELVE MONTHS, DEPENDING ON YOUR SUBSCRIPTION) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS AT [insert link]

Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS AT [insert link]. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY SUBSCRIPTION FEES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION AS SET FORTH ABOVE.

Auto-Renewal. The Membership will be automatically extended for successive monthly renewal periods in the event you have purchased a monthly Membership or successive twelve (12) month periods in the event you have purchased a twelve (12) or twenty-four (24) month Membership at the then-current non-promotional rate. In the case of a twelve (12) or twenty-four (24) month Membership we will notify you by email at least thirty (30) days prior to such automatic extension taking effect. To change or terminate your Membership, go to Account settings at [insert link]. If you terminate your Membership, you may continue to use your Membership until the end of your then-current term and your Membership will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the Membership Fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring basis, you must cancel or terminate your Membership before the end of the then-current term. Your Membership cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Maven will not refund any amounts that you have already paid.

Reaffirmation of Authorization. Your non-termination or continued use of your Subscription reaffirms that we are authorized to charge your Payment Method for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to purchase the Subscription.

9. INDEMNITY

You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, officers, agents, suppliers, employees, partners and licensors harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (i) your User Content, (ii) your breach of this Agreement, (iii) your uploading of, access to, connection to, or use or misuse of the Content or the Services, or (iv) your violation of law. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

10. DISCLAIMER OF WARRANTY

EXCEPT AS STATED IN SECTION 16, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT) OR SERVICES, INCLUDING BUT NOT LIMITED TO ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.

NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. FURTHER, WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ERROR FREE OR THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. YOU AGREE THAT YOUR USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.

11. SERVICE WARRANTIES

ALTHOUGH YOU MAY USE THE WEBSITE, APPLICATION, PRODUCTS, AND/OR SERVICES TO FIND INFORMATION ABOUT TAKING CARE OF YOUR PET, IT IS IMPORTANT TO NOTE THAT NONE OF THESE RESOURCES CONSTITUTE OR PROVIDE VETERINARY MEDICAL ADVICE. ANY RELIANCE ON INFORMATION OBTAINED FROM OR AVAILABLE ON THESE RESOURCES IS SOLELY AT YOUR OWN RISK, AND MAVEN PET INC. WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM ANY ADVICE OBTAINED THROUGH THE WEBSITE, APPLICATION, PRODUCTS, OR SERVICES, EITHER BY YOU OR ANY THIRD PARTY.

It is important to note that our website, application, products, and services do not provide veterinary medical advice. While the content may contain information related to medical conditions affecting your pet, this information is provided for informational and decision-support purposes only and is not medical advice (i.e., to assist you in making your veterinary medical decision). Therefore, reliance on any information provided by our services is at your own risk.

MAVEN PET INC. is not liable for any damages or losses related to any advice procured through the website, application, products, or services. Remote access to Veterinary Professionals and/or chatbot for general pet care information does not create a veterinary-client-patient relationship (VCPR), nor is it a substitute for an in-person visit with a veterinarian.

Communications with veterinary professionals through the services are not confidential, and no client-professional relationship shall be formed between you and us as a result of using the services. Any advice provided by veterinary professionals through the services is for decision support purposes only and not a substitute for an in-person evaluation of your pet by a veterinary doctor.

MAVEN PET INC. does not practice veterinary medicine or interfere with the practice of veterinary medicine by Veterinary Professionals, who are responsible for their services and compliance with requirements applicable to their profession and license. If you believe your pet is experiencing a medical emergency, seek appropriate emergency veterinary medical care immediately.

Neither MAVEN PET INC. nor any of its affiliates shall be liable for any damages caused by the advice you or your pet obtain from the Veterinary Professionals or chatbot, or the decisions you make after using these features. You assume all risks arising from your use of the services.

The services and content are provided "as is" without warranty of any kind, including implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement. There is no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

You will indemnify and hold harmless MAVEN PET INC. and its officers, directors, employees, and agents from any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the services, your user content, or your violation of these terms.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WHOOP STRAP, THE BATTERY PACK, THE SERVICES AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF YOU ARE A USER FROM NEW JERSEY, SECTION 10 (DISCLAIMER OF WARRANTY) AND SECTION 11 LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PROVISION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THE APPLICABLE SECTIONS.

13. CHANGES TO SERVICES

The Services may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services, but this is not always practical. Similarly, we reserve the right to remove any Content or User Content from the Services at any time, for any reason (including, but not limited to if someone alleges you contributed Content or User Content in violation of this Agreement), in our sole discretion, and without notice.

14. GENERAL

Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. This Agreement will inure to the benefit of our successors and permitted assigns.

Governing Law; Venue. This Agreement is governed by the internal substantive laws of the State of Delaware, without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Newark in the State of Delaware.

Severability. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Non-Waiver. Failure by us to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

Entire Agreement. Except as expressly agreed by us and you, this Agreement, the Privacy Policy and any other terms presented to you on or before you create your Account and pay Membership Fees constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.

Headings. The section headings are provided merely for convenience and shall not be given any legal import.

Survival. All sections of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability, and General.

Third Party Distribution Channels. Maven offers software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.

With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:

Maven and you acknowledge that this Agreement is concluded between Maven and you only, and not with Apple Inc. (“Apple”), and that as between Maven and Apple, Maven, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-exclusive, revocable, non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Maven’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Maven and you acknowledge that Maven, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Maven and Apple, Maven, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Maven at the e-mail address, phone number or mailing address set forth in Section 15 of this Agreement.

Maven and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

15. CONTACT

If you have any questions regarding the Services, please contact Maven via e-mail at hi@maven.pet or call +1 302-318-1300. Our mailing address is Maven Pet, Inc., 200 Continental Dr Ste 401, Newark, DE 19713.

16. RETURN POLICY AND LIMITED PRODUCT WARRANTY

Only products purchased from Maven or Maven-authorized resellers are covered by the return policy and limited warranty. Products purchased from unauthorized resellers and used products cannot be returned to Maven and are not covered by the limited product warranty.

Maven will not accept any returns of products and will not provide any exchanges or refunds of products except in strict compliance with this return policy and limited product warranty, including the terms of no-questions-asked returns and warranty returns.

Types of returns

Returns of a Product by you to Maven may be either (a) No-Questions-Asked Returns (defined below), (b) Warranty Returns (defined below), or (c) Cancelled Membership Returns (defined below). Maven reserves the right to treat a return of a Product in its sole discretion based on the Product’s condition upon receipt thereof. Maven will reject any return of a Product that is not either a No-Questions-Asked Return or a Warranty Return or a Cancelled Membership Return and reserves the right to return such Product to you in its sole discretion.

No-questions-asked returns

You may return any Product to Maven for any reason (a “No-Questions-Asked Return”) within thirty (30) days from the date the item is received (the “No-Questions-Asked Return Period”) if all of the following occurs:

A return authorization request is received by Maven Support Team indicating that the return is a No-Questions-Asked Return at hi@maven.pet (for feedback, we would greatly appreciate it if you could provide us the reason, although you don’t have to);
A label and invoice are provided by email, in PDF format, which must be printed and included with the returned Product ( meaning both Starter-bundle and Smart collars);
The Product is returned to Maven in perfect working condition;
Maven must receive the returned items within fifteen (15) days after the label has been issued;
Important notes:
In the case that the Product was not charged upfront please note: The shipping label will expire on the 16th day after the date of issuance, at which time any returned Product will be refused and the current retail price will be charged;
In the case that your kit was charged upfront please note: The shipping label will expire on the 16th day after the date of issuance, at which time any returned Product will be refused and no refund will be issued.
the Product is placed for shipment to Maven with an Authorized Shipper (defined below under “Shipment”); and
such Authorized Shipper (defined below under “Shipment”) issues a tracking number for the shipment to Maven of the Product within the No-Questions-Asked Return Period.

Note: Current Full Retail Price is $225 (Starter-bundle), $25 (per Smart-collar)

For valid No-Questions-Asked Returns, Maven will refund the purchase price paid for the Product (only applies in case you purchased the Starter-bundle/ Smart-collar upfront). However, Maven retains the right to refuse acceptance of any return or charge you a restocking fee up to the original price or the current full retail value of missing parts and accessories, whichever is higher, in the following cases:

Return without the shipping label provided by Maven;
Return the Products without all parts and accessories originally included in your purchase;
Return the Product with unauthorized shipped;

Maven will not accept any Product for a No-Questions-Asked Return beyond the No-Questions-Asked Return Period or that does not otherwise comply with the above terms. Maven reserves the right to return a Product to you in its sole discretion for any No-Questions-Asked Return that does not comply with the above terms.

By your shipment of a Product to Maven for a No-Questions-Asked Return, you agree that Maven may contact you if necessary to obtain further information regarding the Product.

Warranty Returns

Maven warrants to the original purchaser that Products shall be free from defects in materials and workmanship under normal use (the “Limited Product Warranty”) for a period of one (1) year from the date of purchase, except that if you reside in the European Economic Area (EEA) and you purchased your Product in the EEA, the warranty period is two (2) years from the date of purchase (the “Warranty Period”).

If such a defect arises, all of the following must occur prior to Maven’s acceptance of a return of a defective Product for warranty service (a “Warranty Return”):

a return authorization request is received by Maven indicating that the return is a Warranty Return;
the defective Product is placed for shipment to Maven with an Authorized Shipper (defined below under “Shipment”); and
such Authorized Shipper (defined below under “Shipment”) issues a tracking number for the shipment to Maven of the defective Product within the applicable Warranty Period.

For valid Warranty Returns that are not found to be subject to any exclusion or limitation (as described below), Maven will, at its option and to the extent permitted by law, either: (i) repair the Product at no charge, using new or refurbished replacement parts; (ii) replace the Product with a new or refurbished Product; or (iii) refund the purchase price for the Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Product Warranty is valid only in the jurisdictions where the Products are sold by Maven itself or through any authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer, or for any additional period of time that may be required by applicable law.

By your shipment of a defective Product to Maven for a Warranty Return, you agree that Maven may contact you if necessary to obtain further information regarding the defective Product.

Canceled Memberships Returns

You may cancel your Maven subscription before your renewal date (be it after 1 month, 1 year, or 2 years) by contacting our customer support team.

We count the renewal date as two weeks before your next payment.

If you wish to cancel your subscription you need to reach out to our team at hi@maven.pet.

Our team will first and foremost request feedback as to why you wish to cancel in order to collect information as to why you did not have a stellar experience. You may not wish to provide feedback ( and you don't have to), but please note that feedback is relevant to Maven as it allows us to improve our user experience.

There are two scenarios in place:

1. In case you purchased the Product upfront (both Starter-bundle and Smart-collars) - If you confirm your intent to cancel the following steps will be:

Fill out the cancelation form provided by the Customer Service team;
The team will reach out to you just to get a bit of feedback;
Your subscription will be canceled;2. In case you did not purchase the Product upfront - If you confirm your intent to cancel the following steps will be:

2. In case you did not purchase the Product upfront - If you confirm your intent to cancel the following steps will be:

A Return label and invoices will be issued and provided by email, in PDF format, which must be printed and included with the returned Products;
the Product is returned to Maven with all of its original packagings using the prepaid return shipping label emailed to you;
Maven must receive the returned items within fifteen (15) days after the shipping label has been issued. The shipping label will expire on the 16th day after the date of issuance, at which time any returned Product will be refused.
If the Product is not received within 15 days of the cancelation date, Maven retains the right to charge you a restocking fee up to the retail value of missing parts and accessories, whichever is higher.
If the Product is received incomplete or has broken or damaged parts, Maven retains the right to charge you a restocking fee up to the retail value of missing parts and accessories, whichever is higher.

Note: Current Full Retail Price is Retail Price is $225 (Starter bundle), $25 (Smart collar)

Refunds

Refunds are processed and paid within two (2) weeks of Maven’s reception of the Product. All refunds are processed via the same payment method used to make the purchase. Shipping, processing, handling charges, subscription costs and taxes are not refundable. All return shipping charges will be discounted from the amount refunded (up to 10% of the total order), and you assume the risk of loss and damage of the return while in transit to Maven. If you purchased Products from a third-party, such a party will provide information about eligible returns. Returns to resellers are subject to the reseller’s return policy, which may differ from Maven’s.

How to obtain warranty service

Request for Return Authorization and Proof of Authorized Purchase

To obtain warranty service, a return authorization must be requested from our customer service team. To request a return authorization, please contact us at hi@maven.pet. This request must include proof that you purchased your Product from either Maven or an authorized reseller. This can be an order number or a receipt sent as a .pdf, screenshot, photo, or other human-readable format. As may be required by applicable law, Maven may require you to furnish additional proof of purchase details and/or comply with other requirements before receiving warranty service.

Return Authorization Number

If your request for return authorization is accepted, you will receive a return authorization number. The return authorization number must be included along with your returned Product when you ship it to us.

Packaging

You must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Maven.

Backup of Data

It is your responsibility to back up any data, software, or other materials you may have stored or preserved in connection with the Product. It is likely that such data, software, or other materials will be lost or reformatted during warranty service, and Maven will not be responsible for any such loss.

Shipment Only From and to Certain Countries

Maven’s “Authorized Shippers” are the United States Postal Service, DPD, DHL, or any other delivery service authorized and designated by Maven in its sole discretion from time to time.

Maven ships regularly to the following countries

United States, Canada, New Zealand, Australia, United Kingdom, Germany, France, Austria, Ireland, Portugal, Spain, Belgium, Netherlands, Italy, Romania, Sweden, and Denmark.

If you are not located in any of the above countries, you must arrange for shipment of the Product from your home country to Maven and then from Maven back to your home country entirely at your expense. Maven will not be responsible whatsoever for any costs of inbound or outbound shipping of any Product outside of the above countries.

You are solely responsible for providing Maven with correct addresses and contact information for shipment. Maven will not provide paid shipping for any reshipment that results from incorrect addresses or contact information and any such reshipment will be at your expense.

Exclusions and limitations

Maven does not warrant that the operation of the Product will be uninterrupted or error-free. This Limited Product Warranty does not cover Software embedded in any Product (other than firmware for device components) or any related services. See the Terms of Service for details of your rights with respect to use of the Software and related services.

This Limited Product Warranty applies only to the original purchaser of the Product that was purchased from the Maven Online Store, or an authorized reseller or sales channels, and manufactured by or for Maven. This Limited Product Warranty does not apply to purchasers of any resold Product that was not purchased from an authorized reseller. Without limiting the foregoing, the Limited Product Warranty does not apply to any: (a) Maven products and services other than the Products; (b) non-Maven products, even if included or sold with a Product, including, without limitation, any counterfeit products; (c) Products that are, or Maven reasonably believes to be, stolen; or (d) consumables (such as batteries).

This Limited Product Warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Maven, nor does it apply to any cosmetic damage such as scratches, or dents. In addition, this Limited Product Warranty does not apply to damage or defects caused by: (i) use with non-Maven products; (ii) accident, abuse, misuse, mishandling, flood, fire, earthquake or other external causes; (iii) normal wear and tear or aging of the Product; or (iv) operating the Product outside the permitted or intended uses described by Maven or not in accordance with instructions provided by Maven.

No Maven reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

Implied warranties

Except to the extent prohibited by applicable law, all implied warranties (including, without limitation, warranties of merchantability and fitness for a particular purpose) shall be limited in duration to the duration of the limited product warranty. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.

National statutory rights

Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees, in its latest version. These rights are not affected by the warranties in this limited warranty.

Compatibility

You acknowledge that you have verified the compatibility of the Products you are purchasing with other required equipment and devices (e.g. ensuring that your mobile device and/or operating system is compatible with the Product). You are solely responsible for determining the compatibility of the Products with other equipment and devices, and you accept that lack of compatibility is not a valid claim under the Limited Product Warranty.

Limitations on liability

In no event will Maven be liable for any punitive, exemplary, special, consequential, or incidental damages (including, without limitation, loss of revenue, use, profits, data, or goodwill) or costs of procuring substitute products, arising out of, relating to, or in connection with these terms or the purchase, sale, use, operation, or performance of the products, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), product liability or otherwise, whether or not Maven has advised of the possibility of such loss or damage. Maven and you have agreed that these limitations will survive and apply even if any limited remedy specific in these terms is found to have failed of its essential purpose, in no event will Maven’s liability to you arising out of, relating to, or in liability, exceed the actual amount paid to Maven by you for the product that gives rise to the claim.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

17. NOTICE FOR CALIFORNIA MEMBERS

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

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Maven | Terms of Sale

IMPORTANT: You must read and agree to these terms of sale BEFORE opening or using any Maven device. If you do not agree to all these terms, you forfeit the right to use the product, and you must, within thirty (30) days of your receipt:

(a) contact Maven at hi@maven.pet, and

(b) arrange for the return and refund directly via the same method as you purchase it.

Maven will make its best efforts, as long as commercially reasonable, to assist you with returns and refunds. to return this product because you do not agree with these terms and conditions, bear in mind that returns will only be accepted and refunded if sent in its original packaging (see “Return Policy and limited product warranty”).

These terms of sale (“Terms”) apply to all orders accepted by Maven Pet, Inc. (“Maven”) for the sale of all products purchased on our Maven Online Store (www.maven.pet), (“Products”) except in the case that you and Maven have executed a written agreement that supersedes these Terms. To the extent the Products contain or consist of software in any form (“Software”), such Software is licensed to you, not sold, and only in accordance with the section entitled “Software License”, below. Terms such as “sell” and “purchase”, as used in these Terms, apply only to the extent the Products consist of items other than Software.

Ordering from maven.pet

Please see our Privacy Policy for information about our data practices. By accessing or using the Services, you agree that we can collect and use your information in accordance with the Privacy policy.

Orders

You can browse and place orders for our Products through www.maven.pet (the “Maven Online Store”). We will ask you for your name, phone number, e-mail address, shipping and billing address, and other information so we can fulfill your order. When you place an order, Maven’s third-party payment service provider will collect your payment details and charge your applicable account in connection with the order, and you agree to make all applicable payments in connection with any order placed by you. Maven does not view or store your credit card or payment account information. We store your shipping address so we can process your order through our fulfillment partner. We associate your orders with your Maven account if you have one at the time you place such orders. For more information on Maven’s data use practices please see the Maven Privacy Policy.

By placing an order through the Maven Online Store, you agree that: (a) any payment information supplied by you is true and complete; and (b) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes. Products purchased by you are for personal or gift use and not for commercial use. As a condition of using Products, you must sign up for an account with Maven by downloading the Maven Mobile Application located at the Apple App Store and Google Play. You understand and acknowledge that Products may not function properly if you do not keep your Maven account current and up-to-date.

Pricing

Maven can withdraw Products from the Maven Online Store at any time and for any reason. Prices listed through the Maven Online Store are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you before you place an order and you are responsible for paying such charges and taxes to Maven. You agree to indemnify and hold Maven harmless from and against any liabilities, interest, penalties or fees assessed against Maven arising from your failure to pay any such taxes. All Product prices are subject to change at any time.

Failure to pay the order within ten (10) days from the date it was placed implies the automatic cancellation of the order.

Acceptance and fulfillment

All orders are subject to acceptance by Maven. After you place an order, you will receive an email from Maven confirming that we have received it. Acceptance of your order will occur upon your receipt of another email from Maven which will contain a shipping confirmation, tracking number, and carrier information. If an order is on backorder, we will send you an email indicating that this is the case, followed by another email when the items in question are in stock which will contain a shipping confirmation, tracking number and carrier information. Maven reserves the right not to accept your order for any reason or no reason. Maven reserves the right to restrict multiple quantities of a Product being shipped to any one customer or postal address.

Resale

Purchases made through the Maven Online Store are intended for end users only and are not authorized for resale.

Shipping and delivery

Maven will pack the Products in accordance with its standard practices. You can choose the method of shipment and timing of delivery for Products ordered, and you will be charged shipping and handling charges accordingly. Title to the Products (except to the extent that the Products consist of Software) and risk of loss will pass to you upon Maven’s delivery of the Products to the carrier. You acknowledge that all scheduled shipment dates are estimates only. Maven will make reasonable efforts to meet the scheduled shipment dates, but in no event will Maven be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.

Return policy and limited product warranty

Types of returns

No-questions-asked returns

A return authorization request is received by Maven Support Team indicating that the return is a No-Questions-Asked Return at hi@maven.pet (for feedback, we would greatly appreciate it if you could provide us the reason, although you don’t have to);
A label and invoice are provided by email, in PDF format, which must be printed and included with the returned Product ( meaning both Starter-bundle and Smart collars);
The Product is returned to Maven in perfect working condition;
Maven must receive the returned items within fifteen (15) days after the label has been issued;
Important notes:
In the case that the Product was not charged upfront please note: The shipping label will expire on the 16th day after the date of issuance, at which time any returned Product will be refused and the current retail price will be charged;
In the case that your kit was charged upfront please note: The shipping label will expire on the 16th day after the date of issuance, at which time any returned Product will be refused and no refund will be issued.
the Product is placed for shipment to Maven with an Authorized Shipper (defined below under “Shipment”); and
such Authorized Shipper (defined below under “Shipment”) issues a tracking number for the shipment to Maven of the Product within the No-Questions-Asked Return Period.

Note: Current Full Retail Price is $225 (Starter-bundle), $25 (per Smart-collar)

Return without the shipping label provided by Maven;
Return the Products without all parts and accessories originally included in your purchase;
Return the Product with unauthorized shipped;

By your shipment of a Product to Maven for a No-Questions-Asked Return, you agree that Maven may contact you if necessary to obtain further information regarding the Product.

Warranty Returns

If such a defect arises, all of the following must occur prior to Maven’s acceptance of a return of a defective Product for warranty service (a “Warranty Return”):

a return authorization request is received by Maven indicating that the return is a Warranty Return;
the defective Product is placed for shipment to Maven with an Authorized Shipper (defined below under “Shipment”); and
such Authorized Shipper (defined below under “Shipment”) issues a tracking number for the shipment to Maven of the defective Product within the applicable Warranty Period.

By your shipment of a defective Product to Maven for a Warranty Return, you agree that Maven may contact you if necessary to obtain further information regarding the defective Product.

Canceled Memberships Returns

You may cancel your Maven subscription before your renewal date (be it after 1 month, 1 year, or 2 years) by contacting our customer support team.

We count the renewal date as two weeks before your next payment.

If you wish to cancel your subscription you need to reach out to our team at hi@maven.pet.

There are two scenarios in place:

1. In case you purchased the Product upfront (both Starter-bundle and Smart-collars) - If you confirm your intent to cancel the following steps will be:

Fill out the cancelation form provided by the Customer Service team;
The team will reach out to you just to get a bit of feedback;
Your subscription will be canceled;2. In case you did not purchase the Product upfront - If you confirm your intent to cancel the following steps will be:

2. In case you did not purchase the Product upfront - If you confirm your intent to cancel the following steps will be:

A Return label and invoices will be issued and provided by email, in PDF format, which must be printed and included with the returned Products;
the Product is returned to Maven with all of its original packagings using the prepaid return shipping label emailed to you;
Maven must receive the returned items within fifteen (15) days after the shipping label has been issued. The shipping label will expire on the 16th day after the date of issuance, at which time any returned Product will be refused.
If the Product is not received within 15 days of the cancelation date, Maven retains the right to charge you a restocking fee up to the retail value of missing parts and accessories, whichever is higher.
If the Product is received incomplete or has broken or damaged parts, Maven retains the right to charge you a restocking fee up to the retail value of missing parts and accessories, whichever is higher.

Note: Current Full Retail Price is Retail Price is $225 (Starter bundle), $25 (Smart collar)

Refunds

How to obtain warranty service

Request for Return Authorization and Proof of Authorized Purchase

Return Authorization Number

Packaging

You must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Maven.

Backup of Data

Shipment Only From and to Certain Countries

Maven’s “Authorized Shippers” are the United States Postal Service, Fedex, DPD, DHL, or any other delivery service authorized and designated by Maven in its sole discretion from time to time.

Maven ships regularly to the following countries

United States.

Exclusions and limitations

Implied warranties

National statutory rights

Compatibility

Limitations on liability

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Software license

Maven grants to you a non-exclusive, non-transferable license to use the Software, in executable form, solely as embedded in the Products, solely for your internal, non-commercial use. You may not copy or modify the Software. You acknowledge that the Software contains trade secrets of Maven, and, in order to protect such trade secrets, you agree not to disassemble, decompile or reverse engineer the Software nor permit any third party to do so, except to the extent such restrictions are prohibited by law. Maven reserves all rights and licenses in and to the Software not expressly granted to you under this Agreement.

Restrictions on resales

You may not purchase Products for resale unless Maven has authorized you to do so in writing and you have entered into an Authorized Reseller Agreement with Maven. If you purchase a Product that has been resold without authorization from Maven, then (a) the Limited Product Warranty will not apply to your Product, and (b) Maven reserves the right to deny account activation and support for your Product.

Limits on quantities available for purchase

If you purchase Products directly from Maven (either from ww.maven.pet or by other means), you may not purchase more than four (4) of the same Product. Maven will limit quantities of Products purchased by purchasers associated with the same name, address, and credit card number. Maven may increase or decrease the maximum quantity of Products purchasable by you at any time without prior notice in its sole and absolute discretion.

If you purchase Products from an authorized reseller, the maximum quantity of Products that are purchasable will be determined by such authorized reseller.

Dispute resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. It requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.

You agree that any dispute between you and Maven arising out of or relating to these Terms, the Products, or any other Maven products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

(a) Governing Law. Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Delaware, and as applicable, those of the United States of America, without regard to its conflict of laws principles.

(b) Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Maven, you agree to try to resolve the Dispute informally by contacting hi@maven.pet. We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after your initial submission of the claim, you or Maven may bring a formal proceeding.

(c) Agreement to Arbitrate. You and Maven agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

(d) Opt-Out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting hi@maven.pet within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.

(e) Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, or any other location we agree to.

(f) Arbitration Fees. The AAA rules will govern payment of all arbitration fees. Maven will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(g) Exceptions to Agreement to Arbitrate. Either you or Maven may assert claims, if they qualify, in small claims court in New Castle County, Delaware or any United States county where you live or work. Either party may bring legal action before any court, tribunal, or governmental agency solely for injunctive relief to stop unauthorized use or abuse of the Maven Products or services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

(h) No Class Actions. You may only resolve Disputes with Maven on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.

(i) Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Maven agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New Castle, Delaware. Both you and Maven consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

(j) Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Maven Products or services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

General provisions

The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.

You may not assign or transfer these Terms, or any order accepted by Maven hereunder, in whole or in part, by operation of law or otherwise, without Maven’s express prior written consent. Any attempt to do so, without Maven’s consent, will be null and of no effect. Maven may freely assign these Terms.

Maven will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.

The failure by Maven to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

These Terms constitute the complete and exclusive agreement between Maven and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications, or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and approved by Maven. Maven reserves the right to amend these Terms without prior notice.

You will not export or re-export, directly or indirectly, the Products, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the United States, without the prior authorization from the appropriate governmental authorities.

All notices required or permitted to be given under these Terms will be in writing and will be deemed given: (a) upon actual delivery, if made by personal service; (b) three (3) days after mailing, if made by U.S. certified or registered mail; and (c) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.

Additional terms may apply to certain Products. In the event there is a conflict between these Terms of Sale and any additional terms, the additional terms will control.

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Maven | Warranty

Limited Product Warranty
Maven warrants to the original purchaser that your device shall be free from defects in materials and workmanship under normal use for a period one (1) year from the date of purchase, except that if you reside in the European Economic Area (EEA) and you purchased your Maven product in the EEA, the warranty period is two (2) years from the date of purchase (the "Warranty Period").
Maven does not warrant that the operation of the Product will be uninterrupted or error-free. Maven is not responsible for damage arising from failure to follow instructions relating to the Product's use.
This Limited Warranty does not cover software embedded in the Product and the services provided by Maven to owners of the Product. Refer to the license agreement accompanying the software and the Maven services terms of use for details of your rights with respect to their use. For more information consult our Warranty Police in www.maven.pet.

1. Limited Product Warranty
  If a hardware defect arises and a valid claim is received by Maven within the Warranty Period, Maven will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are manufactured by or for Maven that can be identified by the "Maven" trademark, trade name, or logo affixed to it are sold by Maven itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions.
  How to Obtain Warranty Service
  To obtain warranty service, you must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Maven. In accordance with applicable law, Maven may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and Maven will not be responsible for any such damage or loss. For specific instructions on how to obtain warranty service on your Product, visit the Maven website www.maven.pet.
2. Exclusions and Limitations
  This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Maven or if the Product is inserted or installed in a casing not provided by Maven. In addition, this Limited Warranty does not apply: (a) to damage caused by use with an-Maven products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by Maven or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Maven. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
  No Maven reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
3. Implied Warranties
  Except to the extent prohibited by applicable law, all implied warranties (including warranties of merchantability) shall be limited in duration to the duration of this limited warranty. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
4. Limitation of Damages
  Except to the extent prohibited by applicable law, Maven shall not be liable for any incidental, indirect, special, or consequential damages, including but not limited to loss of profits, revenue or data, resulting from any breach of express or implied warranty or condition, or under any other legal theory, even if Maven has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
5. Governing Law
  This Limited Warranty shall be governed by the law of Delaware, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

1. INTRODUCTION

2. REGISTRATION

3. ELIGIBILITY

4. USE OF THE SERVICES

5. TERMINATION

6. SUPPORT

7. USER CONTENT

8. PAYMENT OF FEES

9. INDEMNITY

10. DISCLAIMER OF WARRANTY

11. SERVICE WARRANTIES

12. LIMITATION OF LIABILITY

13. CHANGES TO SERVICES

14. GENERAL

15. CONTACT

16. RETURN POLICY AND LIMITED PRODUCT WARRANTY

17. NOTICE FOR CALIFORNIA MEMBERS

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