Terms of Use

Effective September 18, 2012

These Terms of Use ("Terms") are an agreement between you and IPossess Software, LLC, a Florida limited liability company ("we," "us") covering your use of the Pupwave mobile app (the "App") and pupwave.app. By downloading or using the App, you agree to these Terms. If you don't agree, please don't use the App.

1. License

We grant you a personal, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, for your personal, non-commercial use, subject to these Terms and the rules of the app store you downloaded it from.

2. Responsible use and animal welfare

• Use the App only with dogs you own or have permission to train.
• Start at a low volume, use short bursts, and never hold your device close to an animal's ears.
• Stop using a sound if an animal shows signs of stress, fear or pain.
• Don't use the App to harass, frighten or harm any animal or person.
• The App is not a substitute for advice from a veterinarian or a qualified trainer. If your dog's barking may be caused by anxiety, fear or a medical issue, consult a professional.

3. No guarantee of results

Dogs respond differently to sounds. Some dogs will not respond to any tone the App can play. Phone speakers cannot produce true ultrasonic frequencies. We do not promise that the App will stop barking or change any behavior.

4. Pupwave Pro

Pupwave Pro is an optional one-time in-app purchase sold through the Apple App Store or Google Play. Payment, billing and refunds are handled by Apple or Google under their terms. You can restore Pro on a new device signed in to the same account using Restore Purchases in the App's settings.

5. Shared content

When you share a sound, you are responsible for what you include, such as names, notes and photos. Only share content you have the right to share. You give us permission to store and deliver that content to the people you share it with, for the purpose of operating the sharing feature.

6. Ads

The free version of the App displays third-party ads. We are not responsible for the content of third-party ads or for products or services they promote.

7. Intellectual property

The App, its design, sounds, artwork and the Pupwave name and logo belong to IPossess Software, LLC and are protected by law. You may not copy, modify, reverse engineer or redistribute the App except as allowed by law.

8. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IPossess Software, LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY HARM TO ANIMALS OR PROPERTY ARISING FROM YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM OR FIFTY U.S. DOLLARS ($50).

10. Indemnity

You agree to indemnify and hold harmless IPossess Software, LLC from claims arising out of your misuse of the App or your violation of these Terms.

11. Apple App Store terms

If you downloaded the App from the Apple App Store: these Terms are between you and us, not Apple. Apple has no obligation to provide maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any, and to the maximum extent permitted by law Apple has no other warranty obligation. Apple is not responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer protection claims. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the App infringes intellectual property rights. You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

12. Governing law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law rules. Any dispute will be resolved in the state or federal courts located in Broward County, Florida, unless applicable law requires otherwise.

13. Changes

We may update these Terms from time to time. If we make material changes, we will update the effective date and notify you in the App. Continued use after changes take effect means you accept the updated Terms.

14. Contact

IPossess Software, LLC
2883 Executive Park Drive, Suite 103
Weston, FL 33331
[email protected]