Dogtra GPS Fence FIELDGUARD Service Terms of Use

Welcome to the Terms of Use (“Terms”) for the mobile application called GPS Fence FIELDGUARD and for the software related to the mobile application and the GPS Fence FIELDGUARD device. Said mobile application and software are referred to collectively as the “Service.” By using the Service, you agree to be bound by these Terms. Please carefully review the Terms. If you do not agree with any of the Terms, do not use the Service.

Limited License

Dogtra grants you a limited license to use the Service solely for your personal, non-commercial use and only for the purpose for which the Service was designed. This limited license does not transfer to you any ownership rights or intellectual property rights to the Service or to the GPS Fence FIELDGUARD device. You may not reproduce, publish, transmit, distribute, display, modify, reverse engineer, decompile, create derivative works from, sell, or exploit in any way the Service or its contents. Dogtra reserves all rights not expressly granted in these Terms. Dogtra, at its sole discretion and without notice, may modify or terminate this license for any reason or no reason. Any violation of the Terms automatically revokes your limited license to use the Service.

Service Features and GPS Accuracy

Dogtra has striven to create a reliable GPS Fence FIELDGUARD device and Service for its customers. As with all devices that utilize the Global Positioning System (GPS), atmospheric conditions, satellite availability, signal interference, and geographic or physical barriers such as hills, mountains, dense forests, buildings, roofs, metal structures, vehicles, and other obstructions may affect the accuracy, availability, and reliability of the GPS features of the Service.

The Service is intended for outdoor use only and may not function properly indoors, under metal roofs, inside vehicles, or in other environments where GPS signals are limited, blocked, reflected, or otherwise unreliable. GPS boundary accuracy may vary depending on the surrounding environment, device placement, battery condition, collar fit, and other factors.

Some features of the Service may require Bluetooth connectivity, mobile phone compatibility, or access to mapping services. Certain features may not work outside the coverage areas of your mobile phone company, in areas with limited connectivity, or in countries that restrict usage of web-based mapping services.

The Service is intended to work only with the GPS Fence FIELDGUARD device. Dogtra, at its sole discretion and without notice, may update, change, suspend, discontinue, or modify any feature of the Service or the Service itself.

Mobile Phone Compatibility and Usage

The Service is compatible with mobile phones that use Android (version 7.0 or newer) and iOS (version 14.0 or newer). Certain features may require Bluetooth, location services, GPS, mobile device permissions, internet access, or other device functions to be enabled. You are solely responsible for all costs, expenses, charges, losses, and liabilities when using the Service on your mobile phone. Do not use the Service or your mobile phone in any way that distracts or prevents you from using the Service, the GPS Fence FIELDGUARD device, or your mobile phone in a safe and responsible manner.

GPS Fence FIELDGUARD Use and Limitations

The Service and GPS Fence FIELDGUARD device are intended to assist with dog containment and training, but they are not a substitute for responsible supervision, proper training, a physical fence, or safe handling practices. You are responsible for properly setting up the fence, training your dog, confirming proper collar fit and contact, monitoring battery level, and using the product only as instructed.

GPS-based performance may vary based on environment and signal conditions. Buildings, indoor use, metal roofs, dense trees, terrain, weather, satellite availability, device battery level, mobile phone settings, Bluetooth range, and other conditions may affect accuracy, connection, alerts, or product performance. The Service and GPS Fence FIELDGUARD device should not be used in situations where any delay, inaccuracy, interruption, or failure could result in death, injury, loss, escape, or property damage. You must also check the device each time before use to ensure it is functioning properly, as safe and effective operation depends on your regular inspection.

Privacy

Dogtra does not intentionally collect specific personal information about you through the Service except as described in Dogtra’s Privacy Policy or as necessary to operate, maintain, improve, or diagnose the Service. The Service may use analytics or diagnostic tools, including Google Analytics or similar services, to review aggregated or diagnostic information about overall use of the Service, including number of users and devices, usage and setting modes, operating systems, device types, regions, crash logs, and related app performance information.

The Service may use GPS, Bluetooth, map services, device permissions, and related device functions to provide fence setup, device connection, boundary management, device status, history, or related features. Depending on the Service configuration, boundary, location, device, or settings data may be stored locally on your device and/or processed by third-party services as necessary to provide the Service.

Google’s privacy policy can be found at: https://policies.google.com/technologies/partner-sites. The online app stores, where the Service is available for download, may or may not collect your personal information. Please refer to said app stores for more information on their privacy policies. Dogtra’s Privacy Policy can be found at: https://www.dogtra.com/privacy-policy. Said Privacy Policy is hereby incorporated into the Terms.

Ownership

Dogtra owns all worldwide title, interest, and rights to the Service and to the GPS Fence FIELDGUARD device. All materials in the Service including text, images, illustrations, designs, icons, photographs, video clips, software, coding, and/or other materials, and the copyrights, trademarks, trade secrets, or other intellectual property in such materials (collectively “Content”) are owned, controlled, or licensed by Dogtra.

Disclaimer of Warranties and Limitations on Damages

THE SERVICE IS OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, DISCLAIMING ALL WARRANTIES, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, DOGTRA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CURRENTNESS, COMPLETENESS, AVAILABILITY, TIMELINESS, SECURITY, PRIVACY, OR RELIABILITY OF THE SERVICE. DOGTRA DOES NOT WARRANT THAT THE SERVICE OR GPS FENCE FIELDGUARD DEVICE WILL PREVENT A DOG FROM LEAVING A DESIGNATED AREA, WILL PROVIDE ACCURATE OR CONTINUOUS LOCATION OR BOUNDARY INFORMATION, OR WILL OPERATE WITHOUT INTERRUPTION, DELAY, ERROR, OR FAILURE. WE ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR DOWNLOAD AND/OR USE OF THE SERVICE OR FROM ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED THROUGH THE SERVICE.

IN DISPUTES ARISING FROM YOUR DOWNLOAD AND/OR USE OF THE SERVICE, DOGTRA WILL NOT BE LIABLE FOR ANYTHING OTHER THAN DIRECT DAMAGES (FOR EXAMPLE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARE EXCLUDED). THE TOTAL AMOUNT OF DAMAGES AWARDED TO YOU MAY ALSO BE LIMITED TO AMOUNTS PREVIOUSLY PAID BY YOU TO DOGTRA (IF ANY).

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOGTRA AND ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, RETAILERS, AGENTS, ATTORNEYS, REPRESENTATIVES, AND AFFILIATED COMPANIES AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, AGENTS, ATTORNEYS, AND REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANY DEATH, INJURY, LOSS, OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES CAUSED BY OR BECAUSE THE SERVICE IS UNAVAILABLE, INTERRUPTED, INCOMPLETE, INCORRECT, UNRELIABLE, UNTIMELY, UNSECURE, OR NOT PRIVATE; BECAUSE THE SERVICE CONTAINS VIRUSES OR OTHER MALWARE; BECAUSE THE SERVICE OR GPS FENCE FIELDGUARD DEVICE IS USED BY YOU OR ANOTHER USER IN AN UNSAFE OR IRRESPONSIBLE MANNER; OR BECAUSE THE SERVICE OR GPS FENCE FIELDGUARD DEVICE IS USED BY YOU OR ANOTHER USER IN SITUATIONS OR ENVIRONMENTS WHERE THE AVAILABILITY, COMPLETENESS, CORRECTNESS, RELIABILITY, TIMELINESS, ACCURACY, OR OTHER ASPECT OF THE SERVICE COULD LEAD TO DEATH, INJURY, LOSS, OR DAMAGE OF ANY KIND. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON TORT, CONTRACT, WARRANTY, OR ANY OTHER BASIS.

Indemnity

You shall defend, indemnify, and hold harmless Dogtra and its directors, officers, managers, employees, contractors, suppliers, retailers, agents, attorneys, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to misuse of the Service or GPS Fence FIELDGUARD device, violation of the Terms, or violation of any laws by you or related individuals or entities.

General Legal Provisions

Dogtra, at its sole discretion and without notice, may update, revise, or cancel the Terms. By continuing to use the Service, you agree to be bound by any updated or revised Terms.

The Terms are governed by the laws of the State of California, without regard to conflicts of law principles. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, for all disputes arising out of or relating to the Service. In the event of any legal action to enforce or interpret the Terms, the prevailing party in such action shall be entitled to recover its reasonable attorneys’ fees and costs.

If any provision of the Terms is held invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

No waiver of any breach of any provision of the Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. All rights not expressly granted herein are hereby reserved. The Terms are the entire and final agreement regarding your access to and use of the Service.

Open Source Credits

The Service uses certain open source components. Links to the source code and license information for said open source components are below. Dogtra acknowledges and thanks the following developers for their contributions to open source.

animations
https://pub.dev/packages/animations
https://pub.dev/packages/animations/license

app_settings
https://pub.dev/packages/app_settings
https://pub.dev/packages/app_settings/license

async
https://pub.dev/packages/async
https://pub.dev/packages/async/license

auto_size_text
https://pub.dev/packages/auto_size_text
https://pub.dev/packages/auto_size_text/license

bubble_box
https://pub.dev/packages/bubble_box
https://pub.dev/packages/bubble_box/license

cloud_firestore
https://pub.dev/packages/cloud_firestore
https://pub.dev/packages/cloud_firestore/license

connectivity_plus
https://pub.dev/packages/connectivity_plus
https://pub.dev/packages/connectivity_plus/license

conversion_units
https://pub.dev/packages/conversion_units
https://pub.dev/packages/conversion_units/license

cupertino_icons
https://pub.dev/packages/cupertino_icons
https://pub.dev/packages/cupertino_icons/license

dart_jts
https://pub.dev/packages/dart_jts
https://pub.dev/packages/dart_jts/license

dartx
https://pub.dev/packages/dartx
https://pub.dev/packages/dartx/license

device_info_plus
https://pub.dev/packages/device_info_plus
https://pub.dev/packages/device_info_plus/license