Terms of Our Service

Welcome to PawMaw, a platform dedicated to helping pet owners find their lost pets and reunite with them. These terms and conditions (“Terms”) govern your use of the website, mobile application, and any other services or features provided by PawMaw (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

1.3. Termination: We reserve the right to terminate your access to the Services, without notice and at our sole discretion, for any reason or no reason, including if we believe that you have violated these Terms.

2. Content Posting Guidelines

2.1. Lost and Found Pets Only: The Services are only for posting lost and found/stray pets. Any other postings will be removed.

2.2. Personal Information: You may not include personally identifiable information about other individuals in your postings.

2.3. Maintaining a Profanity-Free Environment: Using profanity in your postings is 100% prohibited. We encourage our users to be respectful with others.

2.4. Images: Only images of your pet or a pet you have found should be submitted. Submitting images of anything else is prohibited.

2.5. Duplicate Postings: Posting the same pet more than once is not allowed on our platform. (Exception May Apply)

2.6. Foster Care or Custody Disputes: PawMaw does not take part in foster care or custody disputes. If you believe someone has wrongful custody of a pet, PawMaw is not the place to resolve that dispute.

4. Restrictions

We’ve set several restrictions on posting on our site. You are not permitted to:

• Use the Site for any unlawful purpose;
• Use the Site to solicit others to perform or participate in any unlawful acts;
• Use the Site to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• Use the Site to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• Use the Site to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• Use the Site to submit false or misleading information;
• Use the Site to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
• Use the Site to collect or track the personal information of others;
• Use the Site to spam, phish, pharm, pretext, spider, crawl, or scrape;
• Use the Site for any obscene or immoral purpose; or
• Use the Site to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.

5. User Content

The site allows users to post, link, store, share, and otherwise make available certain information, text, graphics, or other material (“User Content”). You are responsible for the content that you post on or through the Site, including its legality, reliability, and appropriateness.

By posting your content on or through the Site, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, translate, and distribute such content on and through the Site and through any other media or platforms now known or later developed.

6. Prohibited User Content

You are prohibited from posting User Content that:

• Infringes upon or violates the rights of any third party, including intellectual property rights
• Is unlawful, defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, hateful, or racially or ethnically offensive
• Encourages conduct that would be considered a criminal offense or give rise to civil liability
• Contains any computer virus or other malware that may damage, interfere with, intercept, or expropriate any system, data, or personal information;
• Is false, misleading, or fraudulent or violates any law or regulation.

We reserve the right to take any sort of legal action against you if you get involved in any of these unethical practices.

7.  Regarding Our Premium Services

7.1. Payment: If you choose to purchase any premium services, you agree to pay the fees associated with such services. Payment will be processed through a third-party payment processor like Stripe, Inc. You agree to provide accurate and complete payment information and to update your information as necessary. If we are unable to charge your payment method, we may terminate your access to the premium services.

7.2. Automatic Subscription Renewals: Our customers have the option to activate the automatic subscription renewal feature to ensure uninterrupted service for their Facebook Ad Alerts and Featured Post Spot. You can set your automatic subscription renewal preference during checkout and can modify it anytime via the online dashboard using your account credentials.

The automatic subscription renewal process charges the same amount as the most recent premium service charged to the card on file and extends the premium service for the same duration. We usually process automatic subscription renewal at the time of expiration of the respective premium service.

Please note that our standard refund policy applies to the automatic subscription renewal feature.

7.3. Refunds: Refunds are only available in limited situations, such as product malfunctions or billing errors. All refund requests must come from the email used to create the account under which the premium service was purchased.

8. Protection of Intellectual Property Rights

8.1. Content: The Services and all content and materials contained therein, including but not limited to text, graphics, logos, images, and software, are owned by or licensed to PawMaw and are protected by copyright, trademark, and other intellectual property laws.

8.2. Use: You may only use the Services for personal, non-commercial purposes. You may not copy, distribute, modify, or create derivative works of any content or materials from the Services without our prior written consent.

9. Pricing and Fees

PawMaw provides certain services that require the payment of fees ("Service Fees"). The Service Fees applicable to each service are set forth on the Site. By using the services, you agree to pay all Service Fees associated with such services in accordance with the terms and conditions of the Site. PawMaw reserves the right to change its Service Fees at any time, with or without notice to you. All Service Fees are non-refundable unless expressly stated otherwise in these Terms and Conditions.

Please note that the Service Fees may vary depending on the services you choose to use and the level of service you require. By using the services, you acknowledge and agree that you are responsible for any and all Service Fees associated with your use of the services, regardless of whether you are using the services for personal or commercial purposes.

10. Refund Policy

As there are immediate costs involved in processing a lost pet or found pet alert, we regret to inform you that our paid services are non-refundable for any reason. We strongly advise against purchasing Facebook Ad Alerts and Feature Post Spot, if you do not agree with these terms.

Exceptions: If you encounter a billing error, such as a duplicate charge, you can request a refund by sending an email to [email protected]. Upon verifying the billing error, we will process your refund within “5 working days” of receiving your request.

Changes to Refund Policy

We reserve the right to make changes to our refund policy at any time without prior notice. Any changes will be posted on this page and will become effective immediately upon posting.

If you have any questions or concerns about our refund policy, please contact us at [email protected].

11. Premium Service: Facebook Ad Alerts

PawMaw offers a premium service that includes the creation and management of Facebook Ad Alerts to help locate lost or found pets. By using this service, users agree to the following terms and conditions:

1. Ad Content: PawMaw will create Facebook Ads based on the information provided by the user. The user is responsible for ensuring that all information provided is accurate and complete. PawMaw reserves the right to refuse any ad content that it deems inappropriate or violates its terms and conditions.
2. Ad Spend: The user will be required to pay an upfront fee to cover the cost of the Facebook Ads. PawMaw will manage the ad spend and ensure that the budget is being utilized effectively. Any additional ad spend beyond the initial payment will be the responsibility of the user.
3. Ad Performance: PawMaw cannot guarantee the performance of the Facebook Ads. While PawMaw will make every effort to optimize the ads for maximum reach and engagement, there are external factors that may affect their performance, such as changes to Facebook's advertising policies or algorithms.
4. Ad Duration: The duration of the Facebook Ads will be determined by the package selected by the user. 
5. User Obligations: The user agrees to provide PawMaw with all necessary information and materials to create and manage the Facebook Ads. The user also agrees to comply with Facebook's advertising policies and guidelines.
6. Intellectual Property: All intellectual property related to the Facebook Ads, including but not limited to ad copy and graphics, will remain the property of PawMaw. The user agrees not to use or reproduce any of this material without PawMaw's prior written consent.
7. Limitation of Liability: PawMaw shall not be liable for any damages or losses, whether direct or indirect, arising from the use of the Facebook Ads or any related services. The user agrees to indemnify and hold harmless PawMaw from any claims, damages, or expenses arising from the user's use of the Facebook Ads.
   

12. Premium Service: Featured Post Spot

PawMaw offers a Premium Service that allows users to feature their lost or found pet on the PawMaw website for a fee. This Premium Service is called “Featured Post Spot”.

By selecting Featured Post Spot, you authorize PawMaw to feature your pet's information, including photos, on the PawMaw website (Home and Search Page). You understand and agree that the featured status of your pet is not guaranteed to result in the successful location of your pet or the identification of a found pet.

You acknowledge and agree that PawMaw may remove or modify your pet's featured status at any time, for any reason, without notice.

PawMaw reserves the right to refuse or terminate any Featured Post Spot request in its sole discretion, without providing a reason. In the event that a Featured Post Spot request is refused or terminated by PawMaw, the user will be refunded the fee paid for the service.

By selecting Featured Pet, you represent and warrant that you have all necessary rights and permissions to feature the pet's information and photos, and that you have obtained any necessary consents from any third-party owners or guardians of the pet.

PawMaw is not responsible for any disputes or conflicts that may arise between you and any third-party owners or guardians of the pet, and you agree to indemnify and hold harmless PawMaw, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, damages, and expenses arising from such disputes or conflicts.

Please note that the terms and conditions of Featured Post Spot are subject to change at any time, and it is the user's responsibility to check the terms and conditions periodically for updates.

13. Cancellation Policy

Users have the ability to cancel their subscription to PawMaw's Facebook Ad Alerts and Featured Post Spot services anytime through their dashboard. However, please note that no refunds will be provided for any payments made prior to cancellation. Upon cancellation, users will continue to have access to premium features until the end of their billing cycle.

14. Indemnity

By using the PawMaw website and its services, you agree to indemnify and hold PawMaw, its affiliates, partners, employees, and agents harmless from any claims, demands, losses, liabilities, expenses, or damages, including legal fees, arising out of or related to your use of the platform.

You agree to indemnify PawMaw against any claims or damages resulting from:

• Any content you submit, post, or share on the PawMaw platform.
• Any violation of our Terms & Conditions or any applicable laws or regulations.
• Any infringement of intellectual property rights or unauthorized use of third-party content.
• Any harm caused to third parties as a result of your actions or interactions on PawMaw.
• Any loss or damage to personal property or pets resulting from interactions facilitated through the platform.

You further agree that the indemnity obligations outlined herein shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

15. Governing Law

The Terms and Conditions, your use of the PawMaw website, and any disputes arising from or relating to these terms and your use of the platform shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

16. Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, your use of the PawMaw website, or the services provided by PawMaw shall be resolved through binding arbitration rather than in court, except as otherwise provided below-

• Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

• Location: The arbitration shall be conducted in New Castle, Delaware. The arbitrator shall be a neutral individual who is experienced in resolving disputes involving technology companies.

• Language: The arbitration shall be conducted in the English language.

• Costs: Each party shall bear its own costs and expenses associated with the arbitration, including but not limited to the arbitrator's fees and the cost of any witnesses or experts.

• Governing Law: This Arbitration Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions.

• Binding Effect: This Arbitration Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

• Amendment: This Arbitration Agreement may be amended or modified only by a writing signed by both parties.

• Severability: If any provision of this Arbitration Agreement is held to be invalid or unenforceable, such provision shall be struck from this Arbitration Agreement and the remaining provisions shall remain in full force and effect.

• Waiver: The parties hereby waive any right to seek relief in any court or other forum, including but not limited to any right to seek injunctive relief.

• Exclusivity: This Arbitration Agreement shall be the sole and exclusive means for resolving any dispute arising out of or relating to this Agreement.

17. Changes to This Agreement

PawMaw reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. If we make changes that materially affect your use of the PawMaw services, we will notify you by email or through the PawMaw platform. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the PawMaw services by you following such notification constitutes your acceptance of the terms and conditions of these modifications. If you do not agree to the modified terms, you must stop using the PawMaw services.

18. Contact Us