Terms of Service

Legal agreement between you and MoaTails regarding your use of our services.

TERMS OF SERVICE

Last updated: May 15, 2026

We are Bhagwat Garg, doing business as MoaTails ("Company," "we," "us," "our"), based in Noida, Uttar Pradesh, India.

We operate the mobile application MoaTails (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

MoaTails is a mobile pet care app that helps pet owners track their pets' health, schedules, and documents, and collaborate with family members or caregivers. Users can manage multi-pet profiles, log feedings, medications, vaccines, weight, and appointments, store documents, receive reminders, and share access with a care team.

You can contact us by email at legal@moatails.com or by mail to: Bhagwat Garg, Noida, Uttar Pradesh, India.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Bhagwat Garg, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will notify users of material changes to these Legal Terms by (i) posting the updated Legal Terms on https://moatails.com/terms with a revised "Last updated" date, and (ii) presenting an in-app acceptance prompt on next application launch after the change is published. You must accept the updated Legal Terms to continue using the Services. If you decline, you will lose access to features that require acceptance, and you may cancel your subscription at any time through the App Store or Google Play Store. For non-material changes (such as clarifications, formatting, or correction of typographical errors), we may update the Legal Terms without prompting acceptance, but the revised version will be available at the URL above with an updated "Last updated" date.

The Services are intended for users who are at least 13 years old. Persons under the age of 13 are not permitted to use or register for the Services. If you are under 14 and reside in the Republic of Korea, you confirm that your parent or legal guardian has consented to your use of the Services, as required by the Personal Information Protection Act (PIPA).

We recommend that you print a copy of these Legal Terms for your records.


TABLE OF CONTENTS

  1. OUR SERVICES

  2. INTELLECTUAL PROPERTY RIGHTS

  3. USER REPRESENTATIONS

  4. USER REGISTRATION

  5. PURCHASES AND PAYMENT

  6. SUBSCRIPTIONS

  7. SOFTWARE

  8. PROHIBITED ACTIVITIES

  9. USER GENERATED CONTRIBUTIONS

  10. CONTRIBUTION LICENSE

  11. MOBILE APPLICATION LICENSE

  12. SOCIAL MEDIA

  13. THIRD-PARTY WEBSITES AND CONTENT

  14. SERVICES MANAGEMENT

  15. PRIVACY POLICY

  16. COPYRIGHT INFRINGEMENTS

  17. TERM AND TERMINATION

  18. MODIFICATIONS AND INTERRUPTIONS

  19. GOVERNING LAW

  20. DISPUTE RESOLUTION

  21. CORRECTIONS

  22. DISCLAIMER

  23. LIMITATIONS OF LIABILITY

  24. INDEMNIFICATION

  25. USER DATA

  26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

  27. CALIFORNIA USERS AND RESIDENTS

  28. MISCELLANEOUS

  29. NO VETERINARY OR MEDICAL ADVICE DISCLAIMER

  30. SUBSCRIPTION BILLING VIA APP STORES

  31. RELIANCE AND CRITICAL-CARE DISCLAIMER

  32. PET TRANSFER FEATURE

  33. CONTACT US


1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services; and

  • Download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions").

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are at least 13 years old (and, if under 14 and resident in the Republic of Korea, your parent or legal guardian has consented as required by PIPA); (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

  • Apple App Store

  • Google Play Store

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.

All payments shall be in the currency determined by Apple App Store or Google Play Store at the time of purchase, based on the user's store region.

You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

Cancellation

You can manage or cancel your subscription only through the subscription management interface of the platform where the subscription was purchased:

  • iOS: Settings → [Apple ID] → Subscriptions

  • Android: Google Play Store → Menu → Payments & subscriptions → Subscriptions

Cancellation must be completed before the next renewal date to avoid being charged for the next billing period. Your cancellation will take effect at the end of the current paid term — you will retain access to subscription features until that date.

Refund requests are handled by Apple App Store or Google Play Store under their respective refund policies. We do not have the ability to issue refunds for App Store or Google Play purchases directly. To request a refund, contact Apple at reportaproblem.apple.com or Google Play support within the timeframes set by those platforms.

If you have questions or are unsatisfied with our Services, please email us at legal@moatails.com.

7. SOFTWARE

We may include software for use in connection with our Services. Any software and any related documentation is provided "AS IS" without warranty of any kind. You accept any and all risk arising out of use or performance of any software.

8. PROHIBITED ACTIVITIES

As a user of the Services, you agree not to:

  • Systematically retrieve data to create a collection or database.

  • Trick, defraud, or mislead us and other users.

  • Circumvent or disable security-related features.

  • Disparage, tarnish, or otherwise harm us and/or the Services.

  • Use information obtained from the Services to harass or harm another person.

  • Engage in unauthorized framing of or linking to the Services.

  • Upload viruses, Trojan horses, or other harmful material.

  • Delete copyright or proprietary rights notices from any Content.

  • Attempt to impersonate another user.

  • Animal harm content: Upload any content that promotes cruelty or harm to animals.

  • Veterinary impersonation / unauthorized medical advice: Provide medical diagnoses or treatment plans unless you are a licensed professional.

  • Fake pet profiles / pet-related fraud: Create fictitious profiles or impersonate others.

  • Care Team abuse: Invite individuals for purposes other than legitimate pet care collaboration, grant access to pets you do not own, or use Care Team access to view, modify, or delete another user's data outside the permissions granted to you.

  • Referral fraud: Create accounts or generate codes through fraudulent means.

  • iCal feed misuse: Publicly share, distribute, post, or otherwise disclose another user's calendar feed (iCal) URL, or use such a URL to access pet data without that user's authorization.

  • Account transfer: Sell, lease, sublicense, or otherwise transfer your MoaTails user account, login credentials, or subscription entitlements to any other person. This prohibition does not apply to the in-app pet transfer feature, which permits you to transfer ownership of a specific pet record to another MoaTails user (e.g., in cases of pet rehoming, adoption, or breeder-to-owner handoff).

9. USER GENERATED CONTRIBUTIONS

The Services may allow you to upload content including pet profiles, photos, documents, calendar entries, care notes, and shared content with Care Team members. Contributions may be viewable by other users and through third-party websites. When you create any Contributions, you represent and warrant that they do not infringe the proprietary rights of any third party and comply with all applicable laws.

10. CONTRIBUTION LICENSE

By posting Contributions to the Services, you grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, and synchronize your Contributions solely as necessary to provide the Services to you and your Care Team members, including for backup, cross-device synchronization, search functionality, and computed insights. This license is limited to operational purposes and terminates when you delete the Contribution or your account, except where retention is required by law or for legitimate business purposes such as fraud prevention. We do not claim ownership of your Contributions, do not sell or license your Contributions to third parties, and do not use your Contributions to train artificial intelligence models. You retain full ownership of all your Contributions and any intellectual property rights associated with them.

11. MOBILE APPLICATION LICENSE

This Section 11 functions as the End User License Agreement (EULA) for the App and is incorporated into these Legal Terms.

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license.

To share pet data with family or caregivers, the App provides an in-app Collaborators feature that lets you grant other MoaTails users access to specific pets at the role you choose (owner, sitter, vet, trainer, groomer, or guest). Additional family members and caregivers do not need their own paid subscription to access pets that you own; access is governed by the subscription tier of the pet's owning account. We do not currently participate in Apple Family Sharing or Google Play Family Library for our subscription products.

This license will also govern any updates of the App provided by us that replace, repair, or supplement the original App, unless a separate license is provided for such update, in which case the terms of that new license will govern.

You shall not:

  1. Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;

  2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;

  3. Violate any applicable laws, rules, or regulations in connection with your access or use of the App;

  4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;

  5. Use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

  6. Make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;

  7. Use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;

  8. Use the App to send automated queries to any website or to send any unsolicited commercial email; or

  9. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

You may create and store backup copies of the App only on devices you own or control, in accordance with the applicable App Distributor's usage rules. You may not remove any intellectual property notices from the App. If you sell, transfer, or otherwise dispose of any device on which the App is installed, you must remove the App from that device before doing so. Violations of these obligations, including attempts at infringement, may be subject to prosecution and damages.

Technical Requirements

The App requires a minimum operating system version of iOS 15 or later (Apple devices) or Android 7.0 (API level 24) or later (Android devices). We recommend using the latest available OS version. We will use commercially reasonable efforts to keep the App updated to remain compatible with newer OS versions and hardware, but you are not entitled to demand any specific update. It is your responsibility to confirm that your device meets these technical specifications. We reserve the right to modify the App's technical specifications at any time, including raising minimum OS or hardware requirements when necessary for security, stability, or supported feature parity.

Use of Technical Data

You acknowledge that we may access and adjust your downloaded App content and personal information for purposes of providing the Services, subject to your agreements with us and our Privacy Policy. You further acknowledge that we may periodically collect and use technical data and related information about your device, system and application software, and peripherals — including for diagnostics, crash reporting, performance monitoring, software updates, and product improvement. We may use such information in a form that does not personally identify you to improve our products or to develop services or features. The categories of data we collect and how we process them are described in our Privacy Policy.

App Warranty and Defect Notification

We warrant that, at the time of your download, the App is free of spyware, trojan horses, viruses, or other malware, and that the App functions substantially as described in its user-facing documentation. No warranty is provided for any version of the App that is not executable on the device, that has been modified without our authorization, that has been combined with hardware or software not intended for use with the App, or for issues arising from causes outside our reasonable control.

You are required to inspect the App promptly after installation and notify us of any defect by email at legal@moatails.com within thirty (30) days of discovering the defect. Defect reports submitted after this period may not be remedied. If we confirm a reported defect, we may, at our discretion, remedy it by providing a fix, an updated version, or a substitute. For consumers, this defect-notification period operates in addition to (and does not limit) any non-waivable statutory warranty rights you may have under applicable consumer protection law.

Product Claims

We (and not the App Distributors) are responsible for addressing any claims you or any third party may have relating to the App or your possession or use of the App, including but not limited to:

  1. product liability claims;

  2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and

  3. claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Claims

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, we (and not the App Distributors) will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims, to the extent required by applicable law.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple App Store or Google Play (each an "App Distributor") to access the Services:

  1. Limited License: The license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service.

  2. Maintenance and Support: We are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

  3. Warranty Failure: In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App.

  4. Embargo and Restricted Parties: You represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country, and (ii) you are not listed on any US government list of prohibited or restricted parties.

  5. Third-Party Terms: You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service agreement).

  6. Third-Party Beneficiary: You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license against you as a third-party beneficiary thereof.

12. SOCIAL MEDIA

The Services do not currently integrate with social media networks beyond the use of Sign in with Apple and Sign in with Google for account creation and login. These integrations are OAuth identity flows: we receive your name and email address from the chosen provider in order to create or authenticate your account. We do not access, read, post to, or store any other content from your Apple or Google account, and we do not retrieve your contacts, friends, posts, or other social data from any third-party network. If we add additional social-media integrations in the future, we will update this section and require your explicit consent before any account linking takes place.

13. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

14. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

15. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised the Services are hosted in Japan and the United States, and operated and administered from India. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in those countries, then through your continued use of the Services, you are transferring your data to Japan, the United States, and India, and you expressly consent to have your data transferred to and processed in those countries, subject to the safeguards described in our Privacy Policy.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please notify us at copyright@moatails.com (a "Notification") with: (a) a description of the work you claim is infringed; (b) the URL or location of the infringing material in the Services; (c) your contact information; (d) a statement that you have a good-faith belief the use is unauthorized; and (e) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on the rights-holder's behalf.

We will review and remove infringing content. Repeat infringers will have their accounts terminated. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification.

17. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

19. GOVERNING LAW

These Legal Terms shall be governed by and construed in accordance with the laws of India, including the Indian Contract Act, 1872 and the Arbitration and Conciliation Act, 1996. Subject to the dispute resolution provisions in Section 20, the courts of New Delhi, India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

20. DISPUTE RESOLUTION

Informal Negotiations

The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Delhi International Arbitration Centre (DIAC) in accordance with the DIAC Arbitration Rules, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one (1). The seat of arbitration shall be New Delhi, India. The language of the proceedings shall be English. The governing law shall be the substantive law of India.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

  • (a) no arbitration shall be joined with any other proceeding;

  • (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and

  • (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

  • Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;

  • Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;

  • Any claim for injunctive relief; and

  • Either party may bring an individual claim in a small claims court of competent jurisdiction without invoking arbitration.

Consumer Rights and Local Jurisdiction

If you are a consumer (and not acting in the course of business) resident in a jurisdiction whose mandatory consumer protection laws grant you stronger rights than these Legal Terms, those mandatory laws apply to the extent of any conflict, and nothing in these Legal Terms prevents you from bringing proceedings in the courts of your country of habitual residence or filing complaints with your local consumer protection authority. The choice of Indian law in Section 19 and the DIAC arbitration clause above do not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence — including, without limitation, the Republic of Korea Act on the Regulation of Terms and Conditions, the EU Brussels I Recast Regulation, the UK Consumer Rights Act 2015, Australia's Australian Consumer Law, and equivalent statutes.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable. Such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

21. CORRECTIONS

We reserve the right to correct any errors, inaccuracies, or omissions on the Services at any time without prior notice.

22. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;

  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES;

  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;

  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR

  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

23. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR USD $100.00.

You must bring any claim or cause of action arising out of or related to the Services within six (6) months from the date such claim or cause of action arose, or such claim or cause of action will be permanently barred.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

  1. your Contributions;

  2. your use of the Services;

  3. your breach of these Legal Terms;

  4. any breach of your representations and warranties set forth in these Legal Terms;

  5. your violation of the rights of a third party, including but not limited to intellectual property rights; or

  6. any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

25. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically — via email and on the Services — satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

27. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

28. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

29. NO VETERINARY OR MEDICAL ADVICE DISCLAIMER

MoaTails is a pet care tracking and organization tool. The Services do not provide veterinary, medical, surgical, dietary, or pharmaceutical advice, diagnosis, or treatment recommendations. Always consult a licensed veterinarian for any decision regarding your pet's health.

30. SUBSCRIPTION BILLING VIA APP STORES

Subscriptions to MoaTails are sold and billed by Apple App Store, Google Play Store, or other third-party app stores ("Payment Providers"), not directly by us. By starting a subscription, you authorize the relevant Payment Provider to charge your account on a recurring basis at the price displayed at purchase, in your local currency, until you cancel.

Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the end of the current period. You can manage or cancel your subscription only through the Payment Provider's interface:

  • iOS: Settings → [Apple ID] → Subscriptions

  • Android: Google Play Store → Menu → Payments & subscriptions → Subscriptions

Refunds are handled exclusively by the relevant Payment Provider under their refund policies; we cannot process refunds for App Store or Google Play purchases. To request a refund, contact Apple at reportaproblem.apple.com or Google Play support within the timeframes set by those platforms.

31. RELIANCE AND CRITICAL-CARE DISCLAIMER

The Services are designed to assist with pet care organization but are not a guaranteed alert system for time-critical events such as medication administration or emergency conditions. Push notifications, reminders, and synchronization may be delayed, missed, or fail entirely due to:

  • device settings (e.g., notification permissions, do-not-disturb, low-power mode);

  • network conditions or lack of internet connectivity;

  • operating system constraints (e.g., iOS background-app refresh limits, Android Doze mode);

  • third-party service outages (e.g., Apple Push Notification Service, Firebase Cloud Messaging, Supabase, PowerSync); or

  • our service maintenance or interruptions.

You are solely responsible for your pet's care regardless of whether the Services function as expected. Do not rely solely on MoaTails for life-critical reminders or alerts. For time-sensitive medications, emergency care, or any situation where a missed reminder could harm your pet, use redundant systems (e.g., a physical pill organizer, a second device alarm, or a calendar reminder on another platform) and consult your veterinarian.

32. PET TRANSFER FEATURE

The Services allow you to transfer ownership of a specific pet record to another MoaTails user (e.g., in cases of pet rehoming, adoption, or breeder-to-owner handoff).

When you initiate a pet transfer:

  • The recipient gains full access to the transferred pet's data, including history, photos, documents, and any other content you have associated with that pet.

  • You lose access to that pet's data unless granted future Care Team access by the new owner.

  • The transfer takes effect immediately when you confirm it in the App. There is no separate transfer-acceptance prompt sent to the recipient; the recipient must already be added to the pet as an owner-role collaborator before you can initiate the transfer, which constitutes their pre-acceptance.

Pet transfers are voluntary and irreversible from our side once accepted. We cannot reverse a transfer or recover data after the original owner loses access. Before initiating a pet transfer, we recommend you export any data you wish to retain (e.g., via story cards, document download, or screenshot).

You are responsible for ensuring that you have the legal right to transfer the pet and that the recipient is the rightful new owner. Misuse of the pet transfer feature (e.g., to perpetrate fraud, hide a stolen pet, or evade legal obligations) violates these Legal Terms and may result in account termination and legal action.

33. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Bhagwat Garg Noida, Uttar Pradesh India legal@moatails.com

Terms of Service | MoaTails