Terms of Use

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services

Just like in life, things may change from time to time. We may modify the Terms at any time and in our sole discretion. If we do so, we’ll let you know by updating the date of the Terms or by other means. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore.

Arbitration Notice

You may opt out of this arbitration agreement within 30 days of using our Services (otherwise known as the date you first agree to these Terms). You can achieve this by following the opt-out procedure (see the Arbitration section). If you don’t opt out of arbitration within 30 days of using our Services, you agree that disputes between you and us will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. This arbitration agreement survives the termination of your relationship with Zenly LLC and our App PawZen.

Who May Use the Services

Eligibility

You must be 18 years of age or older, or the age of majority in your province, territory, or country, and capable of forming a binding contract to sign up as a registered user of the App, its products, and make a purchase.

Registration and Your Information

To use certain features of the Services, you will need to create an account (“Account”). You can do this via the App or the Site. In creating an Account, you may need to submit your name, email address, and create a password. It’s important to provide us with accurate, complete, and up-to-date information for your Account. If you don’t, it may lead to us suspending or terminating your Account. Maintaining the confidentiality of your Account and password shall be your responsibility. You are responsible for all activities tied to your Account.

Using the Services

Users may use the Services to create customized relaxation for your dogs. If you have a suggestion for us to enhance music selections or categories or other feedback, you may email us or otherwise communicate with us. In providing suggestions, inquiries, ideas, and other types of feedback (collectively “Feedback”), you agree that Feedback are non-proprietary and non-confidential and you grant Zenly LLC an irrevocable and perpetual license to use full or partial Feedback at any time royalty-free, and without notifying you, seeking approval, or compensating you. By providing Feedback, you acknowledge, represent, and warrant that you own the ideas, suggestions, or other indications present in the Feedback and agree to indemnify Zenly LLC and PawZen and any affiliates for any and all claims or sought damages arising out of or otherwise related to your Feedback. We may not respond directly to your Feedback, may consider Feedback in totality toward future enhancements, and may disregard implementation of Feedback. By using our Services or products, you understand and agree that the Services, products, and any other information contained on the App are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, nor intended as a substitute for medical care. Not all Services or products may be suitable for everyone. By using our Services or products, you understand and agree to be solely responsible for your use of the Services or products.

Purchases

Fees

PawZen from Zenly LLC is available through a subscription option for our Services (“Subscription”). When you purchase a Subscription, you may need to provide additional information relevant for completing the Subscription.  This may include information such as credit card number, the expiration date of your credit card and your address(es) for billing. In providing same and signing up for the Subscription, you represent and warrant that you have the legal right to use all payment method(s) used toward Subscription and Services. Additionally, by transacting with us, you authorize us to provide your payment information to third party service providers so we can complete the transaction. By placing your transaction with us, you agree to pay the applicable fees and any taxes, you agree that Zenly LLC may charge your credit card or third party payment processing account including, but not limited to, your account with the app store or distribution platform where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes, and you agree to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. All payments made are non-refundable and non-transferable except if/as expressly provided in these Terms. Zenly LLC reserves the right to not process or to cancel your order in certain circumstances. Examples of when we may need to do this include if your credit card is declined, if we suspect the request or order is fraudulent, or any other circumstances that Zenly LLC deems appropriate in its sole discretion. You may need to provide additional information to verify your identity before completing your transaction.

Automatic Subscription Renewal and How to Cancel

All amounts are payable and charged at the time you place your order. Prices are in USD. If you purchase a Subscription, your term Subscription will automatically renew at the expiration of the term using the billing and payment method you provided for your term Subscription or otherwise on file if subsequently updated. Payment for Subscriptions and renewals of Subscriptions are upfront for the term period of Subscription. By purchasing a Subscription, you acknowledge and authorize us (if purchased directly through us) or the App Provider to automatically renew your term Subscription for a subsequent term Subscription using the billing and payment method on file unless you cancel following the appropriate protocol. If you cancel your Subscription in the middle of the term (ex: in the middle of the 365 calendar days for an annual Subscription), you will not receive a refund for partial or prorated unused calendar day of Services. For example, if you purchase a one-year Subscription for our Services, unless you cancel using the appropriate method to effectuate cancellation, your annual Subscription would automatically renew at the end of the annual Subscription and renew for another annual Subscription using the billing and payment method on file. An annual subscription constitutes 365 calendar days of Services. A month subscription constitutes 30 calendar days of Services. If you do not want to renew your Subscription, you must cancel your Subscription before it renews to avoid being charged the fees for the next Subscription period. If you purchase your Subscription directly through us, if available, you need to email us at zenly.peace@gmail.com with clear language indicating you want to cancel your Subscription and must provide your order number from the purchase you want to cancel Subscription for at least fourteen (14) days before your Subscription would automatically renew. If you purchase your Subscription via an App Provider, you can cancel the renewal of your Subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current Subscription period and you will continue to receive the Services ordered until the end of your current Subscription period. Note that if you purchase a Subscription through an App Provider, your purchase may be further subject to the Terms and Conditions of the App Provider and the App Provider may administer payment and management of the Subscription. Furthermore, by purchasing a Subscription, you agree that you are to update us (if purchased directly through us) or the App Provider (if purchased through App Provider) of any changes in billing and payment methods on file and update same. Failure to do so may result in cancellation of Services at the end of the Subscription period if unable to renew. In purchasing a Subscription, you acknowledge and agree that you are responsible for all applicable fees and charges incurred, including applicable taxes, and all Subscriptions purchased by you. By purchasing our Products and/or Services, you agree that you are forbidden from selling or otherwise marketing our Products and/or Services for commercial purposes and may only use our Products and/or Services for your personal, non-commercialized use. Changes to Price Terms for Subscriptions Zenly LLC reserves the right to change its pricing terms for Subscriptions at any time and in our sole discretion. Except as otherwise expressly provided in these Terms, any price changes or changes to the Subscription plan will take effect following notice to you via Terms or other means. If you do not agree with the changes to the pricing terms then you may choose not to renew your Subscription by following the cancellation instructions contained within Terms and Conditions.

Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Zenly LLC regarding future functionality or features.

Feedback

We welcome any feedback and suggestions for improvements you may have regarding PawZen or otherwise. Please reach out to us at zenly.peace@gmail.com and let us know what you would like to see added. In providing any suggestions, ideas, or other feedback, you acknowledge and agree that the suggestions, ideas, or other feedback will be treated as non-proprietary and non-confidential and you grant us a worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control for us to use, copy, modify, and/or create derivative works based on your ideas, suggestions, or feedback, directly or indirectly. You also acknowledge and agree that your ideas, suggestions, or other feedback will not be returned to you and Zenly LLC has no obligation to respond or acknowledge receipt. Additionally, you also warrant that you own or otherwise control the rights to your ideas, suggestions, and feedback, and by communicating the ideas, suggestions, and feedback to Zenly LLC for PawZen or otherwise, you agree to indemnify Zenly LLC and its affiliates for any and all claims arising from or in connection with any claims to any rights in any ideas, suggestions, and feedback provided to Zenly LLC for PawZen or otherwise and indemnify Zenly LLC from any damages arising from any ideas, suggestions, and feedback provided to Zenly LLC for PawZen or otherwise.

Content and Content Rights

For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.

Content Ownership

Zenly LLC and its licensors exclusively own all right, title and interest in and to the Services (Zenly LLC) and Content (Zenly LLC and licensors), including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to Zenly LLC a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.

Rights in Content Granted by Zenly LLC

Subject to your compliance with these Terms, Zenly LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Rights and Terms for Apps

Additional Terms for App Store Apps

By accessing or downloading the App from the Apple Store, you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

By accessing or downloading the App from an App Provider, you acknowledge and agree that:

• These Terms are concluded between you and Zenly LLC, and not with App Provider, and that, as between Zenly LLC and the App Provider, Zenly LLC is solely responsible for the App.

• App Provider has no obligation to furnish any maintenance and support services with respect to the App.

• In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App.

• App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and 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 or similar legislation.

• In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Zenly LLC will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

• App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.

• You must also comply with all applicable third-party terms of service when using the App.

• You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App 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.

Prohibitions

You agree not to do any of the following:

• Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

• Use, display, mirror or frame the Services, or any individual element within the Services, PawZen’s name, any PawZen trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, Zenly LLC's name, any Zenly LLC trademark, logo, or other proprietary information without Zenly LLC's express written consent.

• Access, tamper with, or use non-public areas of the Services, Zenly LLC's computer systems, or the technical delivery systems of Zenly LLC's providers;

• Attempt to probe, scan, or test the vulnerability of any Zenly LLC system or network or breach any security or authentication measures;

• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Zenly LLC or any of Zenly LLC's providers or any other third party (including another user) to protect the Services;

• Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Zenly LLC or other generally available third party web browsers;

• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

• Use any meta tags or other hidden text or metadata utilizing a PawZen trademark, logo URL or product name without Zenly LLC's express written consent;

• Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

• Impersonate or misrepresent your affiliation with any person or entity;

• Violate any applicable law or regulation; or

• Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at zenly.peace@gmail.com. As referenced earlier in the Terms, if you purchase a Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.

We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Indemnity

You will indemnify and hold harmless Zenly LLC and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.

Limitation of Liability

Neither Zenly LLC nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether Zenly LLC has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In no event will Zenly LLC's total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to Zenly LLC for use of the Services, Products or Content or fifty dollars in USD ($50), if you have not had any payment obligations to Zenly LLC, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Zenly LLC and you.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and Zenly LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Zenly LLC with written notice of your desire to do so by email at support@thezenly.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Zenly LLC with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Zenly LLC with an Arbitration Opt-out Notice, will be the state and federal courts located in the Southern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Zenly LLC with an Arbitration Opt-out Notice, you acknowledge and agree that you and Zenly LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Zenly LLC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and amounts of damages for which a party may be held liable.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Zenly LLC and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Zenly LLC and you regarding the Services, Products and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Zenly LLC's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Zenly LLC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Zenly LLC under these Terms, including those regarding modifications to these Terms, will be given: (i) by Zenly LLC via email; or (ii) by posting to the Terms, Services, or otherwise. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Zenly LLC's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Zenly LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services or Products, please contact Zenly LLC at support@thezenly.com.