Conditions d’utilisation

Applies to the Pawmi App version 2.10.0 and later. 1. Introduction Welcome to "Pawmi", an AI-powered dog-walk tracker developed and operated by our team (the "Pawmi team", "we", "us", "our"). These Terms of Service (the "Terms") govern your access to and use of: - the Pawmi mobile applications on iOS and Android (the "App"); - the Pawmi website and web dashboard at pawmi.app (the "Website"); and - any related services, integrations, support channels and content (together with the App and Website, the "Services"). Please read these Terms carefully before using Pawmi. By downloading, accessing, creating an account, or otherwise using any part of the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services. Our Privacy Policy for "Pawmi" explains how we collect, use and protect personal data. It forms part of these Terms and is incorporated by reference. 2. Eligibility You may use Pawmi only if: - you are at least 16 years old (or the higher minimum age required in your country to consent to data processing or to enter into a contract); and - you have the legal capacity to accept these Terms. The Services are not directed to children below this age, and we do not knowingly collect their personal data. If you let a child or any other person use Pawmi through your device or account, you are responsible for their use and for ensuring they meet these eligibility requirements. 3. Accounts and registration Some features of Pawmi require an account. You may register using: - third-party sign-in with Google or Apple; or - email with a one-time verification code (Email OTP) sent to your address. You agree to: - provide accurate, current and complete information and keep it up to date; - keep your login credentials and verification codes confidential; - take responsibility for all activity that occurs under your account; and - notify us promptly at the address in Section 27 if you believe your account or any of your devices has been compromised. We maintain separate sessions per device. We may refuse registration, or suspend or close accounts that violate these Terms or that we reasonably believe present a security, legal or abuse risk. 4. Acceptable use You agree to use Pawmi only for its intended purpose: tracking and planning walks and activity with your pets, and the related social, family and health features. You must not: - use the Services in any way that violates applicable law or regulation; - provide false information, impersonate any person, or misrepresent your relationship with a person, pet or organisation; - attempt to access another user's account, pet, or data without authorisation; - interfere with, disrupt, overload, or attempt to gain unauthorised access to the Services or their servers, networks or security; - reverse engineer, decompile or attempt to extract the source code of the App, except where such restriction is prohibited by law; - use Pawmi to develop or train a competing product or service, or to scrape or harvest data from the Services; - submit falsified, simulated, automated or otherwise inauthentic activity – including spoofed GPS, fabricated walks, manipulated step counts, or any attempt to game goals, streaks, achievements, leaderboards, challenges, reviews or referrals; or - use Pawmi in any manner that may harm pets, other people, the environment, or our systems. We operate automated and manual integrity checks. We may flag, quarantine, reject, reverse or remove any activity, statistic, ranking, achievement, review or reward we reasonably believe is inauthentic or obtained in breach of these Terms, and we may suspend or terminate accounts involved in such conduct. 5. Community, social features and user content Pawmi includes social and community features such as an activity feed, kudos, comments, leaderboards, challenges, and the ability to share walks, achievements and invitations inside and outside the App. Visibility. You can control whether a walk is private, visible to your family, or public, and you can toggle whether your map and photos are shown, using the privacy controls in the App. Some features are public or shared by design – for example, leaderboards may display your name, pet and ranking to other participants, and content you mark public, or share via a link, may be viewable by anyone. Please choose your visibility settings before sharing. Your content. You may create or upload content, including pet profiles, photos, walk names and descriptions, comments, reviews and feedback ("User Content"). You remain the owner of your User Content. You grant the Pawmi team a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt, display and distribute your User Content only as reasonably necessary to operate, secure, improve and provide the Services (for example, to display your walk in the feed, generate a shareable image, or show your comment to other users). This licence ends when you delete the relevant content or your account, except for (a) copies others have already shared or saved, and (b) copies we must retain to comply with law or for backup, in line with our Privacy Policy. Content standards. You confirm that you have all rights needed to provide your User Content and that it does not infringe anyone's rights (including privacy and intellectual-property rights). You must not post content that is unlawful, harassing, hateful, defamatory, deceptive, sexually explicit, that depicts or endangers others without consent, or that reveals another person's personal data (including faces, home locations or routes) without their permission. Moderation. We may, but are not obliged to, review, remove, hide or restrict access to any User Content or account that we reasonably believe violates these Terms or the law. We are not responsible for User Content created by others. Reporting and takedown. If you believe content on Pawmi infringes your rights or violates these Terms, contact us at the address in Section 27 with enough detail to identify the content and your claim. For copyright complaints, include the information required by applicable copyright law (for U.S. claims, the elements of a DMCA notice). We may remove reported content and, where appropriate, notify the user who posted it. 6. Family sharing, roles and invitations Pawmi lets several people manage and follow the same pet through a family and an invitation system. - Roles. Access is granted by role: Owner (full control), Member (family – view and add walks), Walker (professional walker – add walks and send reports to the owner), and Sitter (read-only access to certain pet information plus helper reports). Your role determines what you can see and do. - Invitations. Invites use time-limited codes and may auto-accept by email. When you accept an invitation, you may see and contribute data about pets you do not own; when you invite someone, you authorise them to access pet data according to their role. - Ownership and data. A pet's owner controls the pet's data and may transfer ownership, remove members, or dissolve the family. Data you add (such as walks or health entries) may remain associated with the pet and visible to other family members after you leave. We log certain family and access actions for security and audit purposes. - Responsibility. The account holder who invites others is responsible for the people they bring into a family and for the data those people can access. Resolve disputes about pet data or access among yourselves; we are not arbiters of family arrangements. 7. Professional walkers and sitters Pawmi offers tools for professional dog walkers and pet sitters, including scheduling, walk reports, reviews and an earnings ledger. - No employment or agency. Walkers and sitters are independent users of Pawmi. They are not employees, agents, contractors or partners of the Pawmi team. We do not employ, vet, endorse, supervise, train, insure or guarantee any walker or sitter. - We are not a party to your arrangement. Any agreement, booking, schedule, fee or service between an owner and a walker or sitter is solely between those users. - Payments. Pawmi's earnings features are provided for tracking and record-keeping only. The Pawmi team does not collect, hold, transmit, escrow or process payments between users, and is not responsible for any payment, non-payment, refund, tax or fee arising between users. Each user is responsible for their own taxes, licences, permits and insurance. - Reviews. Reviews must be honest, first-hand and lawful. We may remove reviews that violate Section 5. - Liability. We are not responsible for the acts, omissions, conduct, reliability, safety, or performance of any walker, sitter, owner or other user, or for any loss, injury or damage arising from arrangements made through or facilitated by the Services. Sections 21 and 22 apply. 8. Health, safety and responsibility for pets Pawmi is a tool for tracking and planning walks and activity. It does not provide veterinary, medical, behavioural or safety advice. - You remain fully responsible for supervising your pets and for complying with all local laws and rules (for example, leash requirements, public-space rules and traffic laws). - You must not use the App where looking at or interacting with your phone would be unsafe (for example, while crossing the street or driving). - GPS, sensor and step data can be inaccurate or unavailable due to device limitations, signal issues, or external factors. Routes, distances, speeds, step counts and statistics are approximations only. - Pawmi's recommendations – including daily goals, suggested number of walks, weight guidance, behaviour insights, route suggestions and any voice coaching – are general, automated estimates for information only (see Section 9) and are not a substitute for professional veterinary advice. Always consult a qualified veterinarian about your pet's health, weight, exercise needs and behaviour, especially for puppies, senior dogs, and dogs with health conditions. We are not responsible for any injury, loss or damage arising from your handling of pets, your walks, or your reliance on information displayed in the App. 9. AI and automated features Pawmi uses algorithms and AI-assisted models to provide features such as personalised daily goals, the human-to-dog step calculation, weekly recaps and behaviour insights, smart reminders, route generation, and voice coaching. - These outputs are generated automatically from the information you provide (such as breed, age, weight and reported health conditions) and from your activity data. They are estimates, may be inaccurate or incomplete, and may change as we refine our models. - The science-based references we cite describe the general methodology behind our goal calculations; they do not make our outputs medical advice or guarantee any result for your individual pet. - You remain responsible for exercising your own judgement and for your pet's care. Where required by applicable law, we will make clear when you are interacting with automated systems and provide information about your rights regarding automated processing in our Privacy Policy. 10. Permissions and device access To function correctly, Pawmi may request access to certain device features, for example: - location services, including in the background, for GPS tracking, route display and route planning; - motion and fitness data, for step counting and activity estimates; - camera and photos, for pet profile pictures and walk photos; and - notifications, for walk reminders, live walk status, and updates. You can manage these permissions in your device settings. Some features – particularly background tracking and step counting – may not work, or may work only partially, without the relevant permission. By granting access, you authorise Pawmi to use such data as described in these Terms and our Privacy Policy. 11. Subscriptions and payments Pawmi offers free features and an optional paid subscription ("Pro"). - Pro unlocks advanced features such as advanced route planning and custom routes, no-go zones, smart reminders, voice coaching and advanced analytics. The current Pro features, prices, duration and any trial are shown in the App at the time of purchase. - Purchases and recurring subscriptions are made through the Apple App Store or Google Play and are managed for us by RevenueCat. All billing, payment processing, refunds and trials are handled by the relevant app store under its own terms. We do not store your full payment-card details. - Subscriptions renew automatically at the end of each billing period unless you cancel at least 24 hours before renewal in your app-store account settings. - We may change subscription fees in future. Where required by law or store rules, we will notify you in advance and let you cancel before the new price takes effect. - Where you are entitled to a statutory cancellation or withdrawal right (for example, the EU 14-day right of withdrawal for digital purchases), that right and any waiver of it are handled in accordance with applicable law and the relevant app store's policies. - Free and promotional access (including admin grants and coupons) is governed by Section 12. 12. Referrals, coupons and promotions We may offer referral programs, coupon codes, grants and other promotions. - Rewards have no cash value, are non-transferable unless stated, and may be limited, changed or withdrawn at any time. - You must not abuse promotions – for example, by creating fake or duplicate accounts, self-referring, or using bots or deceptive means. - We may decline, revoke or reverse any reward we reasonably believe was obtained through abuse or in breach of these Terms, and the conflict rules between promotional access and paid subscriptions shown in the App will apply. 13. Advertising and commerce The free version of Pawmi may display advertising, including banner and interstitial ads. - Advertisements and any third-party offers, links or affiliate content are provided by third parties. We do not endorse and are not responsible for third-party products, services or websites, and any purchase you make from a third party is governed by that third party's terms. - You can manage ad personalisation through your device settings and the choices described in our Privacy Policy. 14. Intellectual property All rights, title and interest in and to the Services (including software, designs, logos, the "Pawmi" name and paw-print branding, text, graphics, interfaces and underlying technology) are owned by the Pawmi team or our licensors. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, and to use the Website, solely for your personal, non-commercial use (the walker/sitter features may be used in connection with your own walking or sitting activity). You may not copy, modify, distribute, sell, lease, or create derivative works based on the Services or any part of them, and you may not remove or alter any proprietary notices. All third-party trademarks shown in the Services are the property of their respective owners. 15. Third-party services and integrations Pawmi relies on and may integrate with third-party services, including: - Google and Apple (sign-in, push delivery, and app distribution); - RevenueCat (subscription management); - Strava (optional, user-initiated integration that, when you connect it, shares walk data with your Strava account); - Google Mobile Ads or other advertising provider (advertising in the free tier); - map, routing and weather providers (map tiles, route data and local weather); and - crash-reporting and diagnostics tools (such as Sentry). Your use of connected third-party services may be governed by those services' own terms and privacy policies. When you connect an optional integration such as Strava, you authorise the related data sharing. We do not control and are not responsible for third-party services. Our Privacy Policy describes the data involved. 16. Apple App Store and Google Play additional terms These terms apply where you obtain the App through the Apple App Store or Google Play. - You acknowledge that these Terms are between you and the Pawmi team only, not with Apple or Google, and that Apple and Google are not responsible for the App or its content. - Your licence to use the App is limited to use on devices you own or control as permitted by the applicable App Store or Google Play usage rules. - Apple and Google have no obligation to provide maintenance or support for the App. To the extent any warranty applies and is not effectively disclaimed, any failure of the App to conform to a warranty is our responsibility, not Apple's or Google's. - We, not Apple or Google, are responsible for addressing any claims relating to the App, including product-liability, legal-or-regulatory non-compliance, and consumer-protection claims, and any third-party claim that the App infringes intellectual-property rights, to the extent required by applicable law. - You represent that you are not located in a country subject to a relevant embargo or designated as supporting terrorism, and that you are not on a relevant prohibited-or-restricted-parties list. - Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you with respect to your use of the App on Apple devices. Similar third-party-beneficiary rights apply to Google where required by Google Play terms. 17. Privacy Our Privacy Policy for "Pawmi" describes how we collect, use, share and protect personal data when you use the Services. By using Pawmi, you acknowledge that we will process your personal data in accordance with that policy. 18. Your data, rights and account deletion You can stop using Pawmi at any time and can delete your account in the App settings where available. Depending on where you live, you may have rights over your personal data – including the right to access, correct, delete, export, or restrict its use, and to object to certain processing or withdraw consent. We support data export and account deletion, and we handle erasure requests in line with applicable law, including a grace period (currently 30 days) before permanent deletion, after which data is deleted or anonymised except where we must retain it by law. To exercise your rights, use the in-app controls or contact us at the address in Section 27. Our Privacy Policy explains these rights in detail. 19. Modifications to the Services and to these Terms We may modify, update, suspend or discontinue any part of the Services, and we may update these Terms. When we make material changes to these Terms, we will update the "Last updated" date and, where appropriate, show an in-app notice or send a message. Your continued use of the Services after the updated Terms take effect constitutes acceptance. If you do not agree, you must stop using the Services and may delete the App. 20. Term and termination You may stop using Pawmi at any time. We may suspend or terminate your access, with or without notice, if you materially or repeatedly breach these Terms, if we are required to do so by law or a competent authority, or if we decide to discontinue the Services. On termination, your licence to use the App ends immediately, and we may delete or anonymise your data in line with our Privacy Policy and legal obligations. Sections that by their nature should survive termination (including Sections 5, 7, 8, 14, 15, 21, 22, 23 and 24) will survive. 21. Disclaimers The Services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy or reliability. We do not warrant that the Services will be error-free, secure, uninterrupted or always available; that any data (including GPS, maps, distance, speed, time or step counts) or any automated recommendation, goal, insight or route will be accurate, complete or up to date; or that the Services will meet your expectations. Pawmi does not provide veterinary or medical advice. Always consult a qualified professional about your pet's health and behaviour. We are not responsible for the conduct of, or your arrangements with, other users (including walkers, sitters and family members). 22. Limitation of liability To the maximum extent permitted by applicable law, the Pawmi team will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or in connection with your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law (for example, liability for death or personal injury caused by negligence, or for fraud), and nothing limits the mandatory statutory rights of consumers. 23. Indemnity To the extent permitted by law, you agree to indemnify and hold harmless the Pawmi team from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your User Content, your violation of these Terms, or your violation of any law or the rights of a third party. 24. Governing law and dispute resolution Informal resolution first. Before bringing any formal claim, please contact us at the address in Section 27 so we can try to resolve the issue. Most concerns can be settled this way. 25. Changes in team structure and assignment Pawmi is currently developed and operated by a distributed team of individual creators and is not yet incorporated as a separate legal entity. If our structure changes – for example, if we form a company or transfer the Services to another owner – these Terms may be assigned to the new entity. We will notify you where required and, where required, give you the option to stop using the Services. You may not assign or transfer your rights or obligations under these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, reorganisation or sale of the Services. 26. Miscellaneous - Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and the Pawmi team regarding the Services and supersede any prior agreements on the same subject. - Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect. - No waiver. Our failure to enforce any right or provision is not a waiver of it. - Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control. - Notices. We may give notice by in-app message, email, or a notice on the Website. You may contact us as set out in Section 27. 27. Contact For questions, comments, complaints, or legal and privacy notices, please contact us at [email protected].