End User License Agreement (EULA)
IMPORTANT - READ CAREFULLY
This End User License Agreement ("EULA") is a legal agreement between you and Lazy E Holdings LLC for the use of K9 ProTrain software, including mobile applications, web applications, and related services. By installing, copying, or using the Software, you agree to be bound by this EULA. If you do not agree, do not install or use the Software.
1. Definitions
- "Software" means the K9 ProTrain application, including the web application, iOS application, Android application, and any updates, upgrades, patches, or modifications thereto.
- "Licensor" means Lazy E Holdings LLC, a Texas limited liability company.
- "You" or "User" means the individual or entity installing or using the Software.
- "Device" means a computer, smartphone, tablet, or other electronic device capable of running the Software.
- "Documentation" means user manuals, help files, and other instructional materials provided with the Software.
- "Subscription" means a paid plan that grants access to premium features of the Software.
2. License Grant
2.1 Grant of License
Subject to the terms of this EULA and your compliance with all applicable terms, Licensor grants you a limited, non-exclusive, non-transferable, revocable license to:
- Download, install, and use the Software on Devices you own or control;
- Access and use the Software's features in accordance with your Subscription level;
- Make copies of the Software solely for backup purposes;
- Use the Documentation for your personal reference.
2.2 License Restrictions
You may NOT:
- Copy, modify, or distribute the Software except as expressly permitted;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code;
- Remove, alter, or obscure any proprietary notices, labels, or marks;
- Rent, lease, lend, sell, sublicense, or transfer the Software to any third party;
- Use the Software to develop a competing product or service;
- Use the Software for any unlawful purpose;
- Circumvent any technical limitations or security measures;
- Use automated means to access or interact with the Software beyond intended functionality;
- Share your account credentials or allow others to access your account;
- Use the Software in any manner that could damage, disable, or impair the service.
2.3 Scope of License
This license is granted solely for your personal or internal business use. If you are using the Software on behalf of a company or organization, you represent that you have authority to bind that entity to this EULA.
3. Intellectual Property Rights
3.1 Ownership
The Software is licensed, not sold. Licensor and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. This EULA does not grant you any rights to trademarks, service marks, or trade names of Licensor.
3.2 Your Content
You retain ownership of all content you create, upload, or input into the Software ("Your Content"). By using the Software, you grant Licensor a limited license to use Your Content solely to provide and improve the Software's functionality.
3.3 Feedback
If you provide feedback, suggestions, or ideas regarding the Software, you grant Licensor a perpetual, irrevocable, royalty-free license to use such feedback without obligation to you.
3.4 Third-Party Components
The Software may include third-party open source components subject to separate license terms. A list of such components and their licenses is available upon request.
4. Subscription and Payments
4.1 Free and Paid Features
The Software offers both free and paid features. Free features are available at no cost but may be limited. Premium features require a paid Subscription.
4.2 Subscription Terms
Subscriptions are billed on a recurring basis (monthly or annually) and automatically renew unless cancelled. Payment terms are governed by our Terms of Service.
4.3 Price Changes
Licensor may change Subscription prices with at least 30 days' notice. Continued use after a price change constitutes acceptance.
4.4 App Store Purchases
If you purchase a Subscription through an app store (Apple App Store, Google Play), the app store's terms and refund policies also apply. You may manage your Subscription through the app store.
5. Updates, Upgrades, and Support
5.1 Updates
Licensor may provide updates, patches, bug fixes, and new features ("Updates") at its sole discretion. Updates may be installed automatically. This EULA applies to all Updates unless accompanied by a separate license.
5.2 Automatic Updates
You consent to automatic Updates to the Software. You may disable automatic updates in your device settings, but doing so may affect Software functionality or security.
5.3 Support
Support is provided based on your Subscription level. Licensor is not obligated to provide support for free accounts or for issues arising from unauthorized modifications.
5.4 Maintenance
The Software may be temporarily unavailable during scheduled maintenance. Licensor will make reasonable efforts to minimize disruption.
6. Data Collection and Privacy
6.1 Data Collection
The Software collects certain data as described in our Privacy Policy. By using the Software, you consent to such data collection and processing.
6.2 Analytics
The Software may collect anonymous usage analytics to improve performance and user experience. This data does not personally identify you.
6.3 Location Data
Certain features (such as GPS walk tracking) require access to location data. You can control location permissions through your device settings. Disabling location access may limit functionality.
6.4 Data Security
Licensor implements reasonable security measures to protect your data. However, no system is completely secure, and Licensor cannot guarantee absolute security.
7. Disclaimers and Warranties
7.1 "As Is" Provision
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSOR DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7.2 No Guarantee of Availability
Licensor does not warrant that the Software will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
7.3 Professional Advice Disclaimer
The Software is a management tool and does not constitute professional veterinary, medical, or behavioral advice. Always consult qualified professionals for your dog's health and training needs.
7.4 Training Results
Licensor makes no guarantees regarding training outcomes. Results depend on many factors including the dog, trainer, consistency, and methods used.
8. Limitation of Liability
8.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use or inability to use the Software;
- Any unauthorized access to or use of your data;
- Any interruption or cessation of the Software;
- Any bugs, viruses, or errors in the Software;
- Any content or conduct of third parties;
- Any injury, harm, or damage to any person or animal.
8.2 Liability Cap
LICENSOR'S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100); OR (B) THE AMOUNTS PAID BY YOU TO LICENSOR IN THE TWELVE MONTHS PRECEDING THE CLAIM.
8.3 Jurisdictional Variations
Some jurisdictions do not allow limitation of certain warranties or damages. In such jurisdictions, Licensor's liability is limited to the fullest extent permitted by law.
9. Indemnification
You agree to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:
- Your use or misuse of the Software;
- Your violation of this EULA;
- Your violation of any third-party rights;
- Your Content;
- Any services you provide using the Software;
- Any injury or harm caused by any animal under your care or ownership.
10. Termination
10.1 Termination by You
You may terminate this EULA at any time by uninstalling the Software and deleting your account. Subscription cancellation is separate and governed by our Terms of Service.
10.2 Termination by Licensor
Licensor may terminate this EULA immediately if you breach any provision. Licensor may also discontinue the Software with reasonable notice.
10.3 Effect of Termination
Upon termination:
- All licenses granted under this EULA terminate immediately;
- You must cease using the Software and delete all copies;
- You may request export of Your Content within 30 days;
- Sections that by their nature should survive will survive termination.
10.4 Data Retention
Upon termination, Licensor may retain Your Content for up to 90 days before permanent deletion, unless longer retention is required by law.
11. Export Compliance
The Software may be subject to U.S. export control laws. You agree not to export or re-export the Software to any country, entity, or person prohibited under applicable export laws, including U.S. Treasury Department OFAC sanctions lists.
You represent that you are not located in, under the control of, or a national of any country subject to U.S. trade sanctions.
12. Governing Law and Disputes
12.1 Governing Law
This EULA is governed by the laws of the State of Texas, United States, without regard to conflict of law principles.
12.2 Dispute Resolution
Any disputes arising under this EULA shall be resolved in accordance with the arbitration provisions in our Terms of Service, which are incorporated herein by reference.
12.3 Venue
For any matters not subject to arbitration, exclusive jurisdiction lies in the state and federal courts located in Travis County, Texas.
13. General Provisions
13.1 Entire Agreement
This EULA, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and Licensor regarding the Software.
13.2 Severability
If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.3 Waiver
Failure to enforce any provision shall not constitute a waiver of that provision.
13.4 Assignment
You may not assign this EULA without Licensor's written consent. Licensor may assign this EULA without restriction.
13.5 Amendments
Licensor may update this EULA with at least 30 days' notice. Continued use after changes constitutes acceptance.
13.6 Language
This EULA is written in English. Any translation is for convenience only; the English version controls.
14. Apple App Store Additional Terms
If you obtained the Software from the Apple App Store, the following additional terms apply:
- This EULA is between you and Lazy E Holdings LLC, not Apple Inc. ("Apple").
- Apple has no obligation to furnish maintenance or support services.
- In the event of any failure to conform to applicable warranties, you may notify Apple for a refund of the purchase price (if any). Apple has no other warranty obligations.
- Apple is not responsible for addressing any claims relating to the Software.
- Apple is not responsible for any third-party claims that the Software infringes intellectual property rights.
- Apple and its subsidiaries are third-party beneficiaries of this EULA with the right to enforce it.
- You represent that you are not located in a country subject to U.S. Government embargo.
15. Google Play Store Additional Terms
If you obtained the Software from Google Play, the following additional terms apply:
- This EULA is between you and Lazy E Holdings LLC, not Google LLC ("Google").
- Google is not responsible for the Software or any related claims.
- Google Play's Refund Policy applies to purchases made through Google Play.
- You must comply with Google Play's Terms of Service.
16. Contact Information
For questions about this EULA, please contact:
Lazy E Holdings LLC
Legal Department:
legal@k9protrain.com
General Support:
support@k9protrain.com
Acknowledgment
BY INSTALLING, COPYING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.
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