Tailjoy
Terms of Service
Last Updated: April 27 , 2022
1. Your Acceptance
Welcome to the Terms of Service for Tailjoy, veterinary 24/7 on demand and advanced pet nutrition product provider. This Terms of Service is a legally binding agreement (the “Terms”) between Tailjoy, Inc., a Delaware company and its affiliates (collectively, “Tailjoy”), the owner and operator of the websites and apps: [umbrella.vet and Tailjoy.com] (the “Site” and any services provided through our Site, the “Service”) and App Stores (“the “App Stores”, and any services provided through our app, the “Service”) [Google Play and Apple App Store], and you (“you” or “your” or “user(s)”), a user of the Site, Apps and Service. These Terms is legally binding and governs your use of our Site and Service.
Throughout this document, the words “Tailjoy,” “us,” “we,” and “our,” refer to our company, Tailjoy Inc. and our website, Tailjoy.com, or our pet nutrition product subscription service, as is appropriate in the context of the use of the words.
Please read the Terms and the Privacy Policy available at: https://tailjoy.co/privacy before using our Site or Service. By using or accessing our Site and using any of our Service, you acknowledge and agree to these terms and agree to be bound by these Terms and the Privacy Policy. We may amend our Terms or Privacy Policy from time to time, your continued use of our Site or Service will constitute acknowledgement and consent to any amendments made within the Terms and Privacy Policy.
If you do not agree to the Terms or the Privacy Policy please stop using our Site and Service immediately.
2. User Accounts
You may use Tailjoy without a registered account. However, in order to subscribe to our Service, you will have to sign up for an account. If you decide not to register you are still subject to these Terms and the Privacy Policy. It is important that you keep your account information confidential as you are solely responsible for all actions or purchases made under your account.
During registration we require that you provide us with your name, e-mail and address. We may also require additional information from you if necessary. We have the final discretion in granting accounts and reserve the right to reject users without explanation. We reserve the right to reclaim any Tailjoy usernames and other unique IDs on behalf of businesses or individuals that we believe may have trademark rights or other legal claims to them.
Your account user name may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
3. Your Responsibilities
You are responsible for your use of Tailjoy, and for any use of Tailjoy made using your username and account, including by your Affiliates. The term “Affiliates” shall refer to any individual or entity that (a) directly or indirectly controls, or is controlled by, or is under common control with you; and/or (b) if you are an entity, owns or controls a majority of your outstanding voting securities. You agree not to access, copy, or use Tailjoy, including our intellectual property and trademarks, except as authorized by these Terms or as otherwise authorized in writing by Tailjoy.
You agree that you may not use the Site or Service for any purpose that is unlawful or prohibited by these Terms, specifically you agree not to:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Use the Site or Service or activities to “stalk” or otherwise harass or harm another;
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You may not use the Site or Service in any manner that could damage, disable, overburden, or impair any Tailjoy server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Site or Service or interfere with any other party’s use and enjoyment of the Site or Service;
- You may not attempt to gain unauthorized access to the Site or Service, other accounts, computer systems or networks connected to any Tailjoy server or Service, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Service;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- Resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service (unless expressly permitted to do so pursuant to a separate agreement between you and us).
Tailjoy may terminate your account for violating one or more of your responsibilities, for violating applicable international, federal or state law, any other provision in these Terms, the Privacy Policy or for any other lawful purpose or at our discretion, with or without notice.
4. Subscriptions and Payment
You will not be required to pay to access our Site. However, in order to purchase our veterinary 24/7 on demand care and/or advanced pet nutrition products, you need to subscribe to your Service. If you wish to subscribe to our Service, you will be required to submit your payment information. Please be aware that your payment information may be stored, collected, and processed by our third-party payment processor are currently Stripe (each such payment processor, a “Payment Processor”). You may review how Stripe uses your personal information by accessing its privacy policy here: https://Stripe.com/legal/.
Please be aware that you must be at least 18 years of age to subscribe to our Service and must provide complete and accurate information to our payment processor or your payment may be affected, 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), and you must promptly notify us or our payment processor if your payment method is cancelled (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 may be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services.
By submitting your payment information, you authorize the amount listed at the checkout screen to be charged by the applicable Payment Processor.
The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any error by the Payment Processor. By choosing to use paid Service, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such paid Service in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge the chosen payment provider.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We shall alert you to any changes in the pricing of our products.
5. Shipment
When subscribing to our Service, we will provide the applicable shipping and handling fees for shipment of the products. Once the product ordered is ready for shipment, we will promptly provide an email to you with a tracking number. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.
6. Automatic Renewal of Subscriptions
By default, in order to provide you with uninterrupted and hassle-free Service, once you have submitted your payment information, your will be automatically charged for subsequent time periods after the initial period where you authorize payment (each, a “Renewal Term”). For example, if you have paid for a monthly subscription, after the first month you will be automatically billed at the applicable rate for the following month. By paying for our Service and authorizing payment through the applicable Payment Processor, you explicitly authorize us to automatically charge you for any Renewal Terms after your initial payment. If you wish to remove automatic billing from your account, you should adjust your recurring payment settings in the applicable Payment Processor account you use to pay for our Service. You may also contact us at [support@TailJoy.com.]
7. Refunds and Cancellation of Paid Service
You may cancel your Tailjoy subscription at any time. We do not issue refund to products unless the products you receive are defective or damaged. You should promptly notify us if you are requesting a refund for the foregoing reasons at: [support@umbrellavet.com.]
8. Intellectual Property Rights
The Site and the Service, their respective features and functionality and original content, including, without limitation, software, applications, text, graphics, images, sounds, video, and other material, information, or content, perceived, made available from, uploaded to, or otherwise transmitted on or through the Site or the Service are and will remain our exclusive property. The Site and the Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent, which may be withheld or denied in our sole discretion.
9. Feedback and Testimonials
We welcome your feedback about the Site and the Service, testimonials of your experience with our products and other reviews of our products and/or Service. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You irrevocably grant us a license to use, publish and distribute any such feedback, testimonials or reviews submitted to us.
The testimonials from our users represent the personal experience of such user who submit the testimonial to us. The testimonials and do not necessarily reflect the experience that you may have using our products. Your results will vary.
10. No Medical Diagnosis or Treatment
TailJoy is committed to improving the lifestyle of your pet. You understand, however, that our products and the statements on the Site have not been evaluated by the Food & Drug Administration or medical professionals, and our products and the information on the Site are not intended to diagnose, treat, cure or prevent any health problems, illnesses, or diseases. The information on the Site or provided to you in emails or other communications is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You agree that you will cease immediately from using our products on your pet if he/she experiences any ill effects or unintended side effects of any product. Tailjoy does not warrant or represent that all information about our products is error-free. All product specifications, performance data, and other information on the Site is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data. Tailjoy does not warrant or represent that our products will provide your pet with any particular benefits, or that your results will match those of others who use our products. The representations and product disclaimers described above are inapplicable where prohibited by law.
11. Limitations on Liability
In no event shall Tailjoy, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the SITE OR THE SERVICE, (ii) personal injury (INCLUDING INJURY SUFFERED BY YOUR PETS) or property damage, of any nature whatsoever, resulting from your access to and use of our SITE AND Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein and (iv) any interruption or cessation of transmission to or from our Service. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In the event of any problem with this site or any Content, you agree that your sole remedy is to cease using this Site.
Tailjoy shall not be liable for any other reason or for damages, even if we have been advised of the possibility of such damages. In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount. The Service are controlled and offered by Tailjoy from its facilities in the United States. Tailjoy makes no representations that the Service are appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. Representations and Warranties
Our Site and Service are provided “as-is”. We may at our discretion and without notice to you change, modify, interrupt or terminate our Site and Service. You agree that our Service may not always be error free, continuous or undisrupted. We will not be responsible for backing up or storing anything created on our Site. You are solely responsible for backing up, storing or otherwise creating copies of any work created on our Site and Service.
We make no representations or warranties as to the merchantability of our Service or fitness for any particular purpose. We disclaim all other warranties either express or implied in regards to our Site and Service. you agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our Service, for reasons including, but not limited to, failure of our Service, negligence, or any other tort. to the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
You agree that we are not responsible in any way for damages caused by third parties who may use our Service, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.
We are not liable for any failure of the goods or Service of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.
The provision of our Service to you is contingent on your agreement with this and all other sections of this agreement. Nothing in the provisions of this “Representations & Warranties” section shall be construed to limit the generality of the second paragraph of this section.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. for example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” you hereby waive this section of the California civil code. you hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.
14. Indemnity
You agree to defend, indemnify and hold harmless Tailjoy, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: 1. your use of and access to the Tailjoy Service; 2. your violation of any term of these Terms; or 3. your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of our Site and Service.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
15.Third-Party Site
Our Service may contain links to third-party platforms or websites (each, a “Third-Party Site”), and you may be able to share your publications on the Third-Party Site through our Service. You acknowledge and agree that we have no control over, and are not responsible for, these Third-Party Site or their use of your personal information. We do not endorse, recommend or vouch for the security of such Third-Party Site. We recommend that you review their terms of Service and privacy policies before accessing and using the Third-Party Site.
16. Copyright Notices
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains: 1. Your name. 2. The name of the party whose copyright has been infringed, if different from your name. 3. The name and description of the work that is being infringed. 4. The location on our website of the infringing copy. 5. A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. 6. A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent, info@TailJoy.com or through the post at Copyright Agent, [ ]
17. COPPA Compliance
Tailjoy and its Service may only be used by persons 13 years and older. Tailjoy in no way targets children under the age of 13. If you are under 13 please stop using our site immediately and do not submit any information to us.
18. Choice of Law
This Terms shall be governed by the laws in force in Delaware. The offer and acceptance of this contract is deemed to have occurred in Delaware.
19. Forum of Dispute
You agree that any dispute arising from or relating to these Terms will be heard solely by a court of competent jurisdiction in or nearest to Santa Clara, California. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
20. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
21. Severability
In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of these Terms are deemed to conflict with each other’s operation, Tailjoy shall have the sole right to elect which provision remains in force.
22. Non-Waiver
We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. Our Termination and Cancellation Rights
We may terminate or suspend Service or your account or any other provision of Service to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate these Terms or your Tailjoy account, you are solely responsible for properly canceling your account. Cancellation may result in the immediate deletion of any Content that you have submitted to Tailjoy. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
24. Assignment
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.
25. Amendments
We may amend these Terms from time to time. When we amend these Terms, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Terms.
26. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Tailjoy must be addressed to our agent for notice and sent via certified mail to: Tailjoy Inc., 125 Cervantes Blvd, 5, San Francisco, CA 94123
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 125 Cervantes Blvd, 5, San Francisco, CA 94123