Terms and Conditions
CATLOG APP SERVICES TERMS AND CONDITIONS
Last Updated: September 27, 2023
PLEASE READ THE FOLLOWING CAREFULLY. THESE CATLOG APP SERVICES TERMS AND CONDITIONS (THE “TERMS”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOUR USE OF THE CATLOG MOBILE APPLICATION (THE “APP”), INCLUDING THE SERVICES PROVIDED THROUGH THE APP AND THE CATLOG DEVICES (THE “SERVICES”). THESE TERMS CONTAIN A DISPUTE RESOLUTION PROVISION BELOW REQUIRING USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY USING THE APP, YOU ARE AUTOMATICALLY AGREEING TO AND SHOW THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS. YOUR CONTINUED USE OF THE APP INDICATES YOUR CONTINUED ACCEPTANCE OF THESE TERMS.
RABO, Inc. (“RABO,” “we,” “us,” or “our”) provides the Services, which analyze the behavior of cats kept indoors based on data measured and collected through Catlog Home and Catlog Pendant and/or Catlog Board (collectively, the “Devices”), through the App. It is your responsibility to read and follow the instructions provided in the user manual for the Devices. You need to purchase and own the Device(s) and join the Membership(s) (as defined in Section 8 below) of the App to use the Services.
Membership automatically renews unless canceled. You may cancel the Membership and recurring payments before they occur by visiting the settings page of your account in the App and following the instructions. Unless you cancel the Membership at least one (1) day before renewal date, Membership will automatically renew, and you authorize us without notice, except where required by law, to charge the credit card on file to collect the applicable Membership Fee (as defined in Section 8 below) and taxes.
There will be no refunds for the Membership Fee after the recurring charge is processed. Applicable Services are provided until effective date of cancellation.
For avoidance of doubt, the Membership is based on the date you registered, and the Membership Fee will be billed by calendar month in advance. In other words, if you registered for the Membership on August 8th, you will be billed on August 8th for the period ending September 7th. On September 8th, the Membership Fee for the period ending October 7th will be billed. If you wish to stop using the Services and cancel the Membership, you must complete the cancellation process at least one (1) day prior to the renewal date. For instance, if your renewal date is October 8th and you cancel the Membership by October 7th, then you will not be billed for the Membership Fee after October 8th.
These Terms, entered by and between you and RABO, apply to your use of the App and are legal and binding. If you do not agree to abide by these Terms, you may not use the App. All rights to use the App are granted on the condition that such rights are forfeited if you fail to comply with these Terms. You must be at least eighteen (18) years old to use the App. By using the App, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet this requirement, you must not use the App.
1. Changes to the Agreement
RABO may modify these Terms when RABO deems necessary. In such a case, RABO will post the revised Terms in the App or will notify users electronically or in the manner otherwise prescribed by RABO as permitted under applicable law. RABO may discontinue or make changes to any or all of the App at any time without prior notice to you and without any liability to you. RABO does not undertake any obligation or responsibility to update or amend any or all of the App. All changes are effective on the date we indicate on the revised Terms. RABO reserves the right to terminate the App without prior notice. You understand and agree that your continued use of the App following the posting of the revised Terms indicates your acceptance of any such modifications, which shall become a part of these Terms. Please check these Terms frequently so that you are aware of any changes as they are binding on you. Should you object to any of these Terms, or any subsequent modifications, or become dissatisfied with the App or any Service, your sole remedy is to discontinue use of the applicable Service and properly cancel your account in the manner provided in these Terms.
2. License
Subject to these Terms, RABO grants you a limited, revocable, non-exclusive and non-transferable license (the “License”) to download, install, and use the App, including the Services provided thereon, solely for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”), in accordance with the accompanying documentation. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of the App, is strictly prohibited. We do not grant any license or other authorization to any of our trademarks, logos, trade names, service marks, other copyrightable material, or any other intellectual property, by including such intellectual property in the App. You acknowledge and agree that the App, its content and the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in any part of the App under these Terms, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. We may, upon your request, provide technical support to you at our sole discretion. Nothing in this License will entitle you to receive from RABO any additional services or support, including hard-copy documentation, technical support, telephone assistance, or updates to the App, beyond the Services described in the applicable user manual.
3. Restrictions
You may use the App only for lawful purposes and in accordance with these Terms. You may not: (i) modify, revise, translate or create any derivative works of the App or any copies of the App; (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code for the App; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the App; (iv) remove or alter any trademark, copyright, or other proprietary rights notices, legends, symbols or labels in the App or from any copies of the App; (v) provide false information when registering for the Services; (vi) transfer your account to third parties or allow the use of your account by third parties; (vii) use the Services for profit without prior approval from us; (viii) use the App or the Devices on any animal, including humans, except for a cat; or (ix) engage in any other acts deemed inappropriate by us.
4. Proprietary Rights
Title, ownership rights, and intellectual property rights in the App, its content, and all copies thereof shall remain in and with RABO, its licensors and/or RABO’s and its licensors’ assigns. The App, and all elements comprising the App, including, without limitation, the text, design, logos, graphics, sounds, icons and images, as well as the selection, assembly and arrangement thereof are protected by copyright and other intellectual property laws and by international treaties. All trademarks, service marks, trade names, trade dress, logos, designs and sounds associated with the App are owned by RABO or third parties that have authorized their use. Nothing contained in the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our intellectual property without our prior express written permission. You are strictly prohibited from using any of our intellectual property except as expressly provided in these Terms. You are also advised that RABO will enforce our intellectual property rights to the fullest extent of the law.
5. Devices
You must have a compatible Mobile Device to download and use the App. If you access the App using an Apple iOS or Android powered device, Apple Inc. (“Apple”) or Google LLC (“Google”), and their subsidiaries, respectively, shall be a third-party beneficiary to these Terms as to your access to and use of the App on the relevant platform. You agree that these third-party beneficiaries have the right to enforce these Terms against you to the extent relevant and required under their platform requirements. These third-party beneficiaries are not a party to these Terms and are not responsible for the provision or support of the App. You acknowledge and agree that your access to and use of the App shall be subject to the usage terms set forth in the relevant third-party beneficiary’s terms of service. You acknowledge that Apple and Google are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You further acknowledge that in no event shall Apple or Google be responsible for the investigation, defense, settlement and discharge of any third-party claim that the App infringes that third party’s intellectual property rights.
To use the Services, you need Wi-Fi and/or any other wireless LAN connection and devices necessary to connect to such wireless connection or operate the Devices and your Mobile Device as further described in the applicable user manual. You need to maintain required connections and devices such as wireless connection and devices at your own cost.
6. Updates
We may, from time to time in and in our sole discretion, develop and provide updates to the App, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You acknowledge that in some instances, updates and/or new versions may reduce or remove features and functionality in prior versions of the App. You agree that RABO has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet, either: (i) the App will automatically download and install all available Updates (in which case, you hereby authorize such automatic download and installation of the App); or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to these Terms.
7. Your Account
The App requires you to complete a registration process and set up an account. When you register and create your account, you agree to (i) provide true, accurate, current, and complete information about yourself, and (ii) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify us immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by RABO or other parties due to someone else using your login as a result of your failure to keep your login information secure and confidential. You may not use anyone else’s account or login at any time.
We may provide a feature where you may store credit card information in your account. When making purchases on the App (other than for the Membership, which will be governed by Section 8 below), we may present your available and eligible credit cards to you at the time of transaction. After you select the credit card that you wish to use, we may charge that credit card or may share the credit card and related details with a third party service provider, which will then process the transaction. You authorize the charge or debit to your credit card as necessary to complete processing of a transaction. You also authorize any crediting to your credit card in connection with any potential refunds or reversals.
If there is a problem charging your credit card, we may charge any other valid credit card that you have saved to your account. Visit the App to manage your credit card payment options. You also agree that we may resubmit a transaction for a purchase to the payment network for processing one or more times in the event that a prior transaction is declined or returned by the payment network.
Further, we may delay or decline payment processing of suspicious transactions or transactions that may involve fraud, misconduct or violation of applicable law, these terms or other applicable policies, as determined at our sole and absolute discretion.
8. Your Membership
Catlog membership (“Membership”) is required to use all features of the App. Membership is personal, nontransferable, and non-sellable. Each cat will be registered to a Membership and you will be charged a monthly fee for Membership (the “Membership Fee”). In the event you register more than one cat, you acknowledge and agree that you will be charged a Membership Fee for each registered cat. You will be charged your Membership Fee as of the date each cat is registered to your Membership.
For example, if you register your first cat on January 1 and register your second cat on February 15, you will be charged your Membership Fee for your first cat on the first of the month and your Membership Fee for your second cat on the fifteen of the month.
To enroll in Membership, you must have an account with us and provide valid credit card information for recurring payments. We may refuse your enrollment in Membership at our discretion.
The Membership Fee is presented on the account page of RABO’s website. The Membership Fee plus any applicable taxes are charged upon enrollment and renewal and are subject to change. If the Membership Fee should be changed by RABO, then these Terms shall be construed as if the changed Membership Fee were originally inserted herein, and you shall be billed by RABO on the basis of such changed Membership Fee. Changes in the Membership Fee apply to new and existing users unless Membership is canceled.
If the credit card on file is declined, your Membership will be placed on hold and the Services suspended. You agree to provide us with updates to you credit card on file. If details of your credit card change, your card issuer may provide us with updated details that we may use to charge your Membership Fee to help prevent interruptions in the Services. Upon successful charge to a new credit card, Membership will be reactivated, and any new Membership period will be based on the date of the successful charge. Membership will be terminated at the end of the term if we are unable to charge a credit card. You agree that we may resubmit a transaction for processing one or more times in the event the transaction for Membership is declined or returned. You agree that we may charge your credit card on file for any Membership Fees assessed to you, including in connection with additional cat registrations associated with your Membership.
We may, from time to time and in our sole discretion, operate promotional rewards program. We reserve the right to terminate, change, limit, modify or cancel such program or any rules, regulations, eligibility, benefits, tiers, conditions of participation or tiers or benefits accruing to tiers, or any other aspect of the program at any time, with or without advance notice.
9. Enforcement and Termination
Enforcement. You agree that we may, in our sole discretion and without prior notice, block, suspend, and/or terminate your access to the App if we determine that you have violated these Terms. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to us, and that monetary damages would be inadequate for such harm, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Termination by RABO. RABO may terminate these Terms, the App (including the Services), or your Membership at any time, for any reason or no reason, with or without notice, and without any obligation to you. Upon termination, you agree to immediately cease using the App; provided RABO may elect to (i) maintain your Membership and allow you to use the App (including the Services) until expiration of your then-current Membership term or (ii) refund a pro rata portion of Membership Fee and require you to immediately cease using the App.
Termination by You. You may terminate these Terms by ceasing your use of the Services and deleting the App from your Mobile Device. Upon termination, you agree to immediately cease using the App. However, termination of these Terms does not release you from your obligation to pay applicable Membership Fee. To cancel your Membership, you must follow the cancellation procedures as set forth in the preamble to these Terms.
10. Reliance on Information Posted
Informational Content. Unless stated otherwise, the information presented in or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by any users of the App, or by anyone who may be informed of any of its content.
In particular, the information we provide through the Services is not intended to detect or treat diseases of cats, nor does it guarantee the good health your cat(s). You need to seek veterinary or other medical attention as necessary at your sole responsibility.
Third-Party Content. The App may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RABO, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RABO. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11. Collection and Use of Your Information
All information we collect through the App is subject to our Privacy Policy. By using the App, you consent to all actions taken by us with respect to your information as described in the Privacy Policy. We may retain information we collect in connection with the App after the termination of these Terms or the App (including the Services) in accordance with the Privacy Policy. We shall not be liable for retention or deletion of any information you provide under these Terms.
12. Disclaimer of Warranty
THE APP IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, RABO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES THAT THE APP IS FREE OF DEFECTS OR ERRORS, VIRUS FREE, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT DEFECTS WILL BE CORRECTED, OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO USE OF THE APP IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OR LIMITATIONS OF WARRANTIES, SO THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU IN WHOLE OR IN PART, TO THE EXTENT THAT ANY SUCH LEGAL LIMITATION APPLIES TO YOU.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF RABO, ITS AFFILIATES, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, VENDORS, AGENTS, SUBCONTRACTORS, REPRESENTATIVES, LICENSORS OR PARTNERS (COLLECTIVELY, THE “RABO PARTIES”) BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL, PUNITIVE, DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP, DEVICE, AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY USER OR THIRD PARTIES, INJURY TO CATS, A FAILURE OF THE APP TO OPERATE WITH ANY OTHER PROGRAMS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE COLLECTIVE LIABILITY OF THE RABO PARTIES UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED THE GREATER OF (I) $100.00 USD OR (II) TOTAL AMOUNT OF MONTHLY MEMBERSHIP FEE PAYABLE TO US WITHIN A YEAR. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND IN SUCH CASE, THE RABO PARTIES’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
14. Indemnification
You agree to release, discharge, indemnify and hold harmless any and all of the RABO Parties from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to your use of the App, your breach of any terms or representations contained in these Terms, or the use by the RABO Parties of any of the rights granted by you.
15. Notice for California Users
Under California Civil Code Section 1789.3, California users of the App 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
16. Miscellaneous
Entire Agreement. These Terms constitutes the sole and entire agreement between the parties concerning the subject matter hereof.
Dispute Resolution. Except for disputes that qualify for small claims court, all disputes arising out of or relating to these Terms or any aspect of the relationship between you and RABO (or its suppliers or vendors), whether the dispute is based on contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved in final, binding arbitration before a neutral arbitrator instead of in court by a judge or a jury. You agree that RABO and you each waive the right to trial by a jury and that the Federal Arbitration Act and federal arbitration law, not state law, govern the enforceability of this dispute resolution provision. You also agree that any arbitration under these Terms will take place on an individual basis; class action arbitrations and class actions are not permitted; and you agree to give up the ability to bring or participate in a class action.
For any and all disputes or claims you have, you must first give RABO an opportunity to resolve your claim by sending a written description of your claim to RABO at this address:
VORT Ebisu maxim, Higashi 3-9-19, Shibuya-ku, Tokyo, Japan
RABO, Inc.
You and RABO each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and RABO are unable to resolve the claim within sixty (60) days after RABO receives your claim description and you have made a good faith effort to resolve your claim directly with RABO during that time. If we are unable to resolve your claim within sixty (60) days despite those good faith efforts, then either you or RABO may start an arbitration or small claims court proceeding. You and RABO agree that any dispute as to whether these conditions precedent have been satisfied will be decided in court and not by the arbitrator. Either you or RABO may elect to have an arbitration proceeding initiated by the other party adjudicated in small claims court by giving written notice of that election to the other party.
Arbitration shall be conducted by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures, including its Minimum Standards for Procedural Fairness for Consumer and Employment/Workplace Arbitrations, and its Supplemental Rules for Mass Arbitration Filings (the “NAM Rules”). The NAM Rules and instructions for how to initiate an arbitration are available from NAM at https://www.namadr.com/ or 1-800-358-2550. If NAM fails or declines to conduct the arbitration for any reason, you and RABO will mutually select a different arbitration administrator. If you and RABO cannot agree, a court will appoint a different arbitration administrator but will not decide arbitrability or any other aspect of the parties’ dispute (except as outlined above or if either party files a small claims court matter). Payment of arbitration fees will be governed by NAM’s schedule of “Fees for Disputes When One of the Parties is a Consumer.” Notwithstanding the foregoing, if any claim asserted in an arbitration demand is deemed to be frivolous, the defending party shall be entitled to recover its attorneys’ fees and any filing, administration, and arbitrator fees incurred. The arbitrator may award any individual relief a court of law could, including temporary, interim, or permanent injunctive relief on an individual basis.
If a court or arbitrator finds in any action between you and us that any part of this arbitration agreement and class action waiver is unenforceable with respect to any claim, then the arbitration agreement and class action waiver will not apply to that claim, but they will still apply to any and all other claims that you or we may assert in that or any other action. If any other provision of this dispute resolution provision is found unenforceable, the other parts of it shall continue to apply. You reserve your ability to bring claims in small claims court to the extent of that court's jurisdiction. These Terms, all transactions related to the App (including the Service) and all related matters are governed by the Federal Arbitration Act, applicable federal law and the laws of the state of New York, without regard to any conflict of laws rules.
Any cause of action or claim you may have with respect to the App (including but not limited to Membership) must be commenced within one (1) year after the claim or cause of action arises.
Severability. If any provision of these Terms is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible, and the other provisions will remain effective and enforceable.
No Waiver. Except as expressly provided, any failure of either party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver by either party of a right or provision under these Terms on one occasion is effective only in that instance and does not operate as a waiver on any subsequent occasion.
17. Communicating with RABO
All communications relating to the App should be directed to [email protected], the address described in Section 16 above, or +81 50 3569 0222.
18. No Provision of the App Where Prohibited by Law
RABO reserves the right to limit, in its sole discretion, the provision of the App to any person or geographic area. Any offer of the App is void where prohibited. By offering the App, no distribution or solicitation is made by RABO to any person to use the App in any jurisdictions where the provision of the App is prohibited by law. The App is controlled, operated, and administered by us and our service providers for residents of the United States of America. We make no representation that the App is appropriate or available for use at locations outside of the United States. You may not use or export the App or any content available therein in violation of U.S. export laws and regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the U.S. 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 access the App from locations outside of the U.S., you are responsible for compliance with all local laws.
19. U.S. Government Rights
The App is a “commercial product,” consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are defined in 48 C.F.R. § 2.101. If you are an agency of the U.S. Government or its contractor, you receive only those rights with respect to the App as are granted to all other users of the App under these Terms.