Terms and Conditions

The following Terms and Conditions (“Terms”) form a legally binding agreement between you and Waggly Labs Corp., a Delaware corporation (“Zibbly,” “we,” “us,” “our,” or, together with its affiliates and subsidiaries, the “Company”). These Terms govern your access to and use of Zibbly’s mobile application (the “App”), as well as any related websites, services, content, or features provided by the Company (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.

THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. BY USING THE SERVICES, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION AND WAIVE YOUR RIGHT TO A JURY TRIAL OR CLASS ACTION LAWSUIT.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

OVERVIEW OF THE SERVICES

A. Purpose of the App

Through our Zibbly App (the “App”), users (“Pet Parents”) can:

Receive AI-generated pet care insights tailored to their pet’s breed, age, and health conditions.
Access personalized product recommendations based on their pet’s needs.
Track and manage their pet’s health, feeding, and exercise routines through smart features.

B. AI-Generat Content & Third-Party Services

AI Recommendations: The App provides insights and recommendations using artificial intelligence and aggregated pet health data. These insights are not a substitute for professional veterinary care and should not be relied upon for diagnosing or treating medical conditions.
Third-Party Integrations: The App may link to third-party services, such as online pet pharmacies or veterinary networks. Zibbly does not endorse or assume liability for third-party services or products.

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C. Service Limitations & Discretion

Zibbly reserves the right to modify, suspend, or discontinue any feature of the App at any time without liability.
Certain AI-generated insights may be limited by available pet health data and may not be applicable to all breeds or conditions.
Zibbly may refuse to provide Services to any user at its sole discretion.

OWNERSHIP OF THE SERVICES

Ownership & License Grant
- The Zibbly App and all associated content, including but not limited to AI-generated pet insights, algorithms, software, databases, and user interface (collectively, the “Zibbly Content”), are the exclusive property of Waggly Labs Corp. or its licensors.
- When you access or use the Services, you are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes only.
- This license does not grant you ownership of any part of the App, its data, or its content.
Restrictions on Use

You agree NOT to:

Copy, distribute, modify, or create derivative works based on the App or any Zibbly Content.
Sell, rent, sublicense, or lease any portion of the Services.
Reverse-engineer, decompile, or extract source code from the App.
Use the App to develop a competing product or service.
Interfere with, hack, or bypass security features in the App.
Modify or remove proprietary notices (trademarks, copyrights, or branding).

User-Generated Content & Submissions:

Ownership of Your Submissions: If you submit pet-related content, reviews, feedback, or any other materials (collectively, “User Content”), you retain ownership of your submissions.
License to Zibbly: By submitting User Content, you grant Waggly Labs Corp. a non-exclusive, royalty-free, perpetual, worldwide license to use, modify, distribute, and display your content for service improvement, marketing, and analytics purposes.
Restrictions on User Content: You may not submit content that:
- Infringes on any intellectual property rights of third parties.
- Contains false, defamatory, or misleading statements.
- Is obscene, illegal, or violates community guidelines.
- Removal of Content: Zibbly reserves the right to remove, restrict, or refuse any User Content at its sole discretion.

Future Updates & Changes

We reserve the right to modify, update, or discontinue features of the App at any time.
Any updates to the App remain subject to these Terms.

ACKNOWLEDGEMENTS

You acknowledge and agree that:

No Expectation of Privacy for AI-Generated Content:
- You understand that any content, questions, pet health data, or feedback you submit to the Zibbly App may be processed using artificial intelligence.
- Zibbly does not guarantee the privacy or confidentiality of AI-generated responses or insights.
Branding & Attribution
- Zibbly may include watermarks, branding, or disclaimers on AI-generated insights or pet health recommendations.
- You agree not to modify, remove, or obscure any such branding.
Violation of Terms & Consequences. If you breach any provisions of these Terms
- Your access to the App may be suspended or terminated without prior notice.
- You must immediately cease using Zibbly’s AI-generated insights, including removing any shared content from social media.
- Zibbly reserves the right to restrict or ban future access to the App.
Right to Reject or Restrict Use:
- Zibbly may reject, limit, or restrict access to the App at its sole discretion, especially in cases of repeated violations.
- If your account is terminated, you may not create a new account without Zibbly’s express permission.
YOUR CONTENT, RESPONSIBILITIES, AND REPRESENTATIONS AND WARRANTIES
- User Content and Responsibilities:
  - Ownership and Responsibility:
    - Any data, images, videos, text, pet health details, or other content that you submit upload, or transmit through the App (“User Content”) is your sole responsibility.
    - By submitting User Content, you represent and warrant that
  - You own or have the necessary rights to use and share such content.
  - Your content does not infringe on the rights of any third party, including intellectual property, privacy, or publicity rights.
  - Your content complies with all applicable laws and regulations.
License Grant to Zibbly
- By submitting User Content, you grant Waggly Labs Corp. a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, modify, store, distribute, and publicly display such content for purposes including but not limited to service improvements, analytics, marketing, and research.
- You acknowledge that Zibbly has no obligation to compensate you for any User Content submitted.
Age and Eligibility
- Minimum Age Requirement
  - You must be at least 16 years old to use the App.
  - If you are under 18, you must have parental or legal guardian consent before using the Services.
- Parental Responsibility
  - If you are a parent or guardian permitting a minor to use Zibbly, you agree to supervise their use and accept full responsibility for their activity on the App.
Prohibited Conduct and Compliance: By using Zibbly, you agree NOT to:
- Submit or upload false, misleading, defamatory, obscene, illegal, or harmful content.
- Violate any applicable laws or regulations.
- Post content that infringes on intellectual property rights (copyrights, trademarks, patents, etc.).
- Attempt to reverse-engineer, modify, or tamper with the App’s AI-generated insights or recommendations.
- Distribute spam, malware, or malicious software through the App.
- Misuse the Services for unauthorized commercial activities (e.g., advertising without consent).
- Engage in any fraudulent, deceptive, or abusive behavior within the App.
Third-Party Content and Services
- External Services & Links
- The App may include links or integrations with third-party services, such as veterinarians, pet pharmacies, or pet product retailers.
- Zibbly does not own, control, or endorse these third-party services and is not liable for any interactions, purchases, or disputes arising from them.
- User Assumption of Risk
- By engaging with third-party content or services, you assume all associated risks and release Zibbly from any claims related to third-party interactions.
Communications and Data Charges:
- Messaging and Notifications
  - By signing up for Zibbly, you consent to receive email, SMS, push notifications, or in-app messages related to:
  - Account updates,
  - Pet health insights,
  - Promotional offers, and
  - Important service announcements.
- You can opt-out of marketing communications at any time, but certain transactional messages may still be sent.
Carrier and Data Fees
- You acknowledge that your mobile provider may charge standard messaging or data fees for SMS or app usage.
- Zibbly is not responsible for any fees incurred due to mobile data use.
Feedback and AI Interaction Data
- User Feedback Submission
  - If you provide suggestions, ideas, or feature requests (“Feedback”), you grant Zibbly a perpetual, royalty-free license to use, modify, and implement the Feedback without compensation.
  - You acknowledge that Zibbly may have already considered or developed similar features and is not obligated to act on your Feedback.
Use of AI Interaction Data
- Your text inputs, voice interactions, or pet data may be used to enhance and refine Zibbly’s AI capabilities.
- Zibbly will not sell or publicly disclose identifiable AI interaction data without your consent.
Release of Liability & California Civil Code Section 1542 Waiver
- General Release of Claims: You acknowledge and agree that Waggly Labs Corp., its affiliates, employees, and service providers shall not be liable for any damages, losses, or claims related to:
  - The accuracy or reliability of AI-generated pet care recommendations.
  - The effectiveness or outcomes of products or services recommended through the App.
  - Any third-party services or transactions linked through the App.
  - Errors, bugs, or service disruptions that may impact App functionality.
- California Residents – Waiver of Section 1542
  If you are a California resident, you expressly waive your rights under California Civil Code Section 1542, which states:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

By using Zibbly, you acknowledge that you understand and voluntarily waive any unknown claims that may arise in connection with the App.
Assumption of Risk
- You acknowledge that:
  - AI-generated pet health insights are not a substitute for veterinary care.
  - Pet health conditions vary by breed, age, and history, and AI recommendations may not always be accurate or applicable.
  - You assume all risks associated with relying on AI-generated recommendations.
PAYMENT TERMS
- Fees:
- Certain features of the Zibbly App may require one-time payments, subscriptions, or in-app purchases (“Paid Services”).
- The fees for Paid Services are displayed within the App and are subject to change at Zibbly’s discretion.
- By making a purchase, you agree to pay all applicable fees, including service, transaction, and processing fees as stated at checkout.
- Payment and Refunds:
- All sales are final: Payments made through the App are non-refundable, except as required by law.
- If a Paid Service is unavailable or cannot be provided, Zibbly may, at its discretion:
- Offer an account credit for future use within the App, or
- Issue a refund, if required by law.
- Account credits cannot be transferred, exchanged for cash, or used outside of the App.
- Subscriptions and Auto-Renewal:
- Some Paid Services may be offered on a subscription basis.
- Subscription plans automatically renew at the end of each billing cycle unless you cancel at least 24 hours before renewal.
- You authorize Zibbly to charge your selected payment method for subscription renewals until canceled.
- Cancellations and Modifications:
- Zibbly reserves the right to modify, suspend, or discontinue Paid Services at any time.
- If a payment method is declined or invalid, Zibbly may:
  - Cancel your access to Paid Services, or
  - Attempt to process the payment again.
- You may cancel your subscription via your account settings or the platform (e.g., App Store or Google Play) where you purchased the subscription.
- Payment Processing:
- Payments are processed by third-party payment providers (the “Payment Processor”).
- By purchasing Paid Services, you agree to:
  - Comply with the Payment Processor’s terms and policies,
  - Authorize Zibbly to charge your selected credit card, debit card, or other payment method, and
  - Allow the Payment Processor to store and process your payment details securely.
- Zibbly is not responsible for payment errors caused by the Payment Processor.
- Payment Method and Account Information:
- You must provide accurate and up-to-date billing information, including:
  - A valid email address,
  - A supported payment method, and
  - Any necessary billing details required by the Payment Processor.
- If your payment details change or expire, you must update your account information immediately.
- Zibbly is not liable for disruptions in service due to outdated or incorrect billing information.
COPYRIGHT AND INTELLECTUAL PROPERTY
- Digital Millennium Copyright Act Notice: We respond to notices of alleged copyright infringement and terminate access to our App for repeat infringers. If you believe that materials on our site infringe copyright, please send (i) your address, telephone number, and email address; a description of the work that you claim is being infringed; (ii) a description of the material that you claim is infringing and are requesting be removed along with information about where it is located; (iii) a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”; (iv) an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and (v) a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner to contact@zibbly.ai
- Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to our App, remove or ban you (and any Company account you created or control), and take other appropriate action in our sole discretion.
TERMINATION AND SURVIVAL
- You may cancel your Company account at any time by contacting contact@zibbly.ai. At any time, and for any reason, the Company may suspend or terminate your rights to access or use the Services. If the Company, in its sole discretion, believes that you have used the Services in violation of these Terms, your permission to use our Services automatically terminates. The Company may also, in its sole discretion, change the functions and capabilities of the Services at any time. The Company has no duty to retain your Content, data, and information after termination. Provisions that, by their nature, should survive termination of these Terms shall survive termination including, without limitation, any obligation you have to pay or indemnify the Company, any limitations on the Company’s liability, any terms regarding ownership or intellectual property rights.
- THE COMPANY RESERVES THE SOLE RIGHT TO MODIFY OR DISCONTINUE THE SERVICES AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD THE COMPANY EXERCISE SUCH RIGHT.
PRIVACY POLICY
- Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Services, you agree to our Privacy Policy.
GENERAL RELEASE
- You must bring any claim to the Company arising out of the Services within one (1) year after the date on which the claim arose, or the shortest duration permitted under applicable law if such period is greater than one (1) year. If you do not, you waive, to the extent permitted by law, all rights you may have with respect to such claim, and the Company shall not have any liability to you relative to that claim.
INDEMNIFICATION
- You agree to indemnify, defend, and hold harmless the Company and its parents, subsidiaries, afﬁliates, ofﬁcers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a “Related Party,” and collectively, “Related Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) these Terms; and/or (b) the use of our Services. The Company may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.
WARRANTY DISCLAIMERS
- TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”, AND THE COMPANY AND OUR LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. THE COMPANY AND OUR LICENSORS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS.
LIMITATION OF LIABILITY

Nothing in these Terms and in particular, within this “Limitation of Liability” clause, shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law. You agree that the limitations of damages set forth below are fundamental elements of the basis of the bargain between you and the Company.

TO THE FULLEST EXTENT PERMITTED BY LAW, WAGGLY LABS CORP., ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (THE “RELATED PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF REPUTATION, OR COSTS OF OBTAINING SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO YOUR USE OF THE ZIBBLY APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU EXPRESSLY ACKNOWLEDGE THAT AI-GENERATED PET CARE RECOMMENDATIONS PROVIDED THROUGH THE APP ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL VETERINARY ADVICE. ZIBBLY MAKES NO GUARANTEES, WARRANTIES, OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED CONTENT. YOU AGREE THAT ANY RELIANCE ON AI-GENERATED INSIGHTS IS AT YOUR OWN RISK, AND ZIBBLY SHALL HAVE NO LIABILITY FOR ANY DECISIONS MADE BASED ON SUCH INFORMATION.

FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT ZIBBLY AND THE

RELATED PARTIES SHALL NOT BE LIABLE FOR:

ANY ERRORS, OMISSIONS, OR INACCURACIES IN AI-GENERATED PET CARE INFORMATION;
ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM RESULTING FROM YOUR RELIANCE ON OUR SERVICES;
ANY UNAUTHORIZED ACCESS TO OR MISUSE OF YOUR ACCOUNT, DATA, OR PERSONAL INFORMATION;
ANY SERVICE INTERRUPTIONS, BUGS, VIRUSES, OR TECHNICAL FAILURES THAT MAY AFFECT THE APP’S PERFORMANCE;
ANY PRODUCTS OR SERVICES RECOMMENDED OR LINKED THROUGH THE APP THAT ARE PROVIDED BY THIRD PARTIES;
ANY OTHER DAMAGES, LOSSES, COSTS, OR EXPENSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP.

IN NO EVENT SHALL WAGGLY LABS CORP. TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO ZIBBLY IN THE PREVIOUS TWELVE (12) MONTHS OR $100 USD, WHICHEVER IS LOWER.

IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

BY USING ZIBBLY, YOU ACKNOWLEDGE AND VOLUNTARILY WAIVE ANY UNKNOWN CLAIMS THAT MAY ARISE FROM YOUR USE OF THE APP.

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DISPUTE RESOLUTION – ARBITRATION PROVISIONS

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PLEASE READ THIS SECTION CAREFULLY. THE ARBITRATION CLAUSE, JURY WAIVER, SEVERABILITY PROVISION AND THE REST OF THIS SECTION ARE IMPORTANT PARTS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY.

These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. Any and all claims between you and the Company shall be finally arbitrated: (1) in English; (2) in accordance with the Rules of the American Arbitration Association (“AAA”) then in effect; (3) your state of residence; (4) at the Company’s expense to the extent required by law; (5) pursuant to the Federal Arbitration Act; (6) by one arbitrator who shall: (i) be selected from the appropriate list of AAA arbitrators in accordance with such Rules; (ii) have sole authority to decide any question concerning the scope, applicability, enforceability, revocability, and/or validity of this arbitration agreement; and (iii) be barred from presiding over any class, collective, or representative action, consolidating multiple claimants’ cases or awarding any non-individualized relief (“Class Action Waiver”). The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Any arbitration will take place on an individual basis. Class arbitrations, class actions, representative actions, any other form of collective action or consolidated proceedings are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If the above Class-Action Waiver is found to be unenforceable or invalid, any class or representative claims would proceed in state or federal courts located in Miami, Florida. Under no circumstances shall any class or representative claims proceed in arbitration. To the extent the Class Action Waiver is valid, claims subject to the Class Action Waiver shall go forward in individual arbitration (as described above) and any such claims shall be stayed pending resolution of the individual arbitration. If any provision of this Section XIII is found to be invalid or unenforceable, that provision will be deemed appropriately modiﬁed to give effect to the intent of the provision or, if modiﬁcation is not possible, will be severed and the remainder of this Section XIII will continue in full force and effect. No waiver of any provision of this Section XIII will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section XIII will survive the termination of your relationship with the Company.

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MISCELLANEOUS

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The Company has the right to modify these Terms. Any modification is effective upon posting a notice of the change via the Service, or immediately upon notice by electronic mail. Your continued use of the Services following notice of any modification to these Terms shall be conclusively deemed an acceptance of all such modification(s). These Terms (including the Privacy Policy) constitute the entire agreement between you and the Company and supersedes all prior agreements, whether written or oral. Failure by the Company to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. You may not assign, delegate or transfer these Terms or his or her rights or obligations hereunder in any way (by operation of law or otherwise) without the Company’s prior written consent. The Company may transfer, assign, or delegate these Terms and the Company’s rights and obligations without consent. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. You understand and agree to be responsible for any additional charges, including telephone signal transmission or mobile data, and other services.

The Services are operated from the Company’s servers in the United States. You are responsible for compliance with the laws of the jurisdiction in which it is located. In no event shall you use the Services in any location where such use is prohibited or restricted by local law or where the Company would incur a tax or fee obligation that would not be paid by you. You may not use or export the Services or the products thereof in violation of United States laws and regulations, including, without limitation, export administration regulations. The Company may assign this agreement in its sole discretion at any time.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. The Company does not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information the Company needs to collect in order to obtain Parental Consent (“Required Information”). Until the Company has received Parental Consent, the Company will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under 13, please do not attempt to send any personal information about yourself to the Company before the Company obtains Parental Consent, except for the Required Information in the context of the Parental Consent process. If you believe that a child under 13 has provided the Company with personal information (beyond the Required Information) without the Company first obtaining Parental Consent, please contact the Company at contact@zibbly.ai

Under no circumstances will any Related Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, ﬂoods, etc.), unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any Related Party.

We may change these Terms. If we do, the revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our App after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.