Waggle Terms of Service

Last modified: 18th April, 2026

These Terms of Service (these "Terms" ) constitute a legal agreement between you and Nimble Wireless Inc. and its subsidiaries and affiliated companies (collectively, "Nimble," "Waggle", "we," "us," and "our"), the owner, operator, and developer of the Waggle website, located at mywaggle.com, all associated websites, or any other websites that Nimble operates and that link to these Terms, and any successor website of the same (collectively, the "Website"), the Waggle Pet App mobile application and any other mobile software application that may be downloaded or operated through your mobile or other personal device to access the Waggle services (collectively, the "Mobile App"), the Pet Monitor, RV 4G Cam, RV 4G Mini Cam, RV Mini Cam, WaggleCam Pro and any other Waggle hardware products (collectively, the "Hardware Products"), and any other goods or services provided by Waggle to you (together with the Website, Mobile App, and Hardware Products, the "Services").

These Terms govern your access to and use of our Services and by purchasing, logging in, downloading, or otherwise accessing or using the Services, you hereby agree to be bound by these Terms.

All references to "User", "you" and "your" in these Terms mean the person accepting these Terms as an individual or the legal entity for which the representative is acting. Any person or entity accessing, using, downloading, or registering for any Services agrees to be bound or bind the entity they represent by the terms set forth in these Terms. You may only use the Services in accordance with the terms and subject to the conditions of these Terms. All rights not expressly granted herein are reserved by us. You represent and warrant that you have the right, authority and capacity to accept and agree to these Terms on behalf of yourself or the entity that you represent.

Subject to applicable law, Waggle and/or its affiliates reserves the right to change, modify, or otherwise update these Terms at any time without notice to you. By continuing to use the Services after any such changes become effective, you agree to be bound by the revised Terms. In the case of any violation by you of the provisions of these Terms, Waggle shall have the right to seek legal and fair remedies, including, but not limited to, suspending or cancelling your access to the Services.

Your purchase, use, access, download of, or registration to the Services is also governed by our Privacy Policy, incorporated herein by reference. Please review the Privacy Policy closely to understand how we use, collect, disclose, and protect your personal information.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS, USE, DOWNLOAD, OR REGISTER FOR ANY SERVICES.

1. Description of Service

As part of the Services, Waggle may host a Mobile App for Users' personal use, live monitoring of pet activities, audio detection, food dispenser, and speaker capabilities, as applicable to User's purchased Hardware Product(s). User acknowledges that our Services may change over time, and that we may modify, suspend or discontinue any part of the Services, or introduce new features or restrictions on the part of any or all of the Services. We also reserve the right to remove any User Content (as defined below), features, or pages for any reason, in our sole discretion, and without notice to User. User agrees that we are not liable to User or any third party for any modification, suspension or discontinuance of the Services or any part thereof.

The Mobile App may, depending on the Services purchased by User, be used for location tracking, monitoring of pet fitness and health, and environmental parameters such as temperature, pressure and other parameters as supported from time to time.

The Hardware Products utilize live pet monitoring through features such as a high-definition camera, night vision lens, treat tosser, audio detection system, and built-in speaker; provided that such features may vary depending on the Services User has purchased and actively subscribes to.

2. User Account

To utilize the Services, you must register for an account (your "Account") and create a username and password. You may authorize other individuals to access your account (together with you, the "Authorized Users"). All Authorized Users may access the personal information available in the Account, can modify and make changes to the Account information and settings, and can invite other individuals to become Authorized Users. Accordingly, it is your responsibility to protect your username and password, and be cautious about whom you invite to become an Authorized User. You are responsible and liable for the activities of all your Authorized Users, including ensuring that all Authorized Users comply with these Terms and any other publicly available Waggle policies. Waggle is not responsible or liable for the actions of any Authorized Users.

To be eligible to access, use or register for the Services, you represent and warrant:

• You have legal capacity to form a binding contract with Waggle;
• You are 18 years or older. Authorized Users of the Account under the age of 18 must have parental or legal guardian consent to access and use the Services and can only use the Services under the supervision of their parent or legal guardian;
• You agree to be fully responsible for all actions taken on your Account by Authorized Users;
• You will provide us with information that is accurate, complete, and current at all times;
• You will be responsible for safeguarding the password that you use to access your Account and the Services, and for any activities or actions under your password;
• You will notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account;
• Your will not violate any applicable laws or regulations, such as embargoes or export control laws and regulations, in your use of the Services; and
• You will not use as a username the name of another person or entity that you do not have the right to use, or the name of a person or entity with the intent to impersonate that person or entity.

Waggle is not liable for any loss or damage arising or resulting from your failure or the failure of your Authorized Users to comply with the above requirements. In addition, failure to meet any of the eligibility requirements listed above constitutes a breach of these Terms, which may result in immediate termination of your Account and termination of our provision of the Services.

3. Ownership; Proprietary Rights

You acknowledge that, notwithstanding anything to the contrary herein, the Website and the Mobile App, and any underlying software therein, are provided to you under a limited, non-exclusive, non-transferable, non-sublicensable license, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms. All proprietary rights in and to the Services are owned and retained by Waggle. Your use of our Services does not give you ownership of any intellectual property rights in our Services or the data or software you access.

Nothing in these Terms shall be construed as conferring any other license to you or your Authorized Users under any intellectual property right, including any right in the nature of trademark, patent, trade secret or copyright, of Waggle or any third party, whether by estoppel, implication or otherwise. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the trademarks, copyrights, proprietary information or intellectual property of Waggle.

We reserve all rights in and to the Services not granted expressly in these Terms. Without limiting the generality of the foregoing, Waggle owns all right, title, and interest in and to all upgrades, enhancements, new releases, changes, and modifications to the Services, together with all ideas, architecture, algorithms, models, processes, techniques, user interfaces, database design and architecture, and "know-how" embodying the Services. Under no circumstances will you be deemed to receive, have, or be granted title to all or any portion of the Website, Mobile App, or underlying software therein, title to which at all times vests exclusively in Waggle. Waggle respects others' intellectual property rights and reserves the right to delete or disable User Content alleged to be in violation of the Digital Millennium Copyright Act and to suspend or terminate the accounts of alleged infringers.

All Waggle libraries, source code, and other files remain Waggle's exclusive property. Regardless of any modifications that any Authorized User or Waggle makes, You shall not, and shall ensure your Authorized Users do not, distribute, amend, modify, decompile, reverse engineer or otherwise change any files (particularly Waggle's source code and other non-executable files).

Any additional features or capabilities, cosmetic changes to any user interface, or additions to the codebase, database, or any files associated with the Services remain the exclusive property of Waggle regardless of the origin of the concept of the additional features or capabilities.

If you believe someone is infringing on your or another's copyrights, please contact us at support@mywaggle.com.

4. Feedback

You may submit comments, suggestions or ideas about our Services, including ways in which you would improve or change the Services ("Feedback"). You agree that your Feedback is provided to us on a non-confidential basis, is voluntary, gratuitous, unsolicited and without restriction, and Waggle does not have any fiduciary duty or other duty as a result of receiving your Feedback. You hereby grant Waggle the unlimited, irrevocable, perpetual right to use, copy, modify, publish, redistribute, and create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties. Waggle does not waive any rights to use similar or related feedback or ideas known to Waggle, developed by Waggle's employees, or obtained from other sources.

5. Consent to Storage/Use of Location Information

When you use a location-enabled GPS Waggle application, we may collect and process information about the actual physical location of the Hardware Product to which the Account is connected or otherwise associated, using GPS and/or cellular signals received by the Hardware Product and sent over the Internet to the application server hosting the Mobile App. Waggle devices may also use various other technologies to determine location, such as sensor data from the device that may, for example, provide information on accessories/devices connected to the tracking device or nearby Wi-Fi access points and cell towers. The location data information of the Hardware Product(s) connected to and/or associated with your Account is stored in our servers and is being used for the purpose of providing the tracking application for your use and/or performance optimization of our Services.

We use commercially reasonable efforts to protect location and other sensor data from the applicable Hardware Product against unauthorized use and we will not intentionally disclose such data to third parties except as required by applicable law, and to comply with law enforcement authorities having competent jurisdiction. The GPS feature is not offered in connection with all devices and applications; only certain devices offering GPS features as set forth on the Website or Mobile App.

6. Recordings; Compliance with Applicable Law

While these Services are intended for your personal and household use, there may be laws or regulations where you live that impose certain responsibilities on your use of the Services. For instance, there may be data protection and security laws that apply to your use of the Services based on your location. You are solely responsible for the data that you and your Authorized Users collect through use of the Services and for compliance by you and your Authorized Users with applicable laws related to audio, visual, and photographic recording, and to location tracking, which includes, but is not limited to, any disclosure, notice, or consent requirements. If we know or suspect that your use, or your Authorized Users' use, of the Services is not in compliance with applicable law, we have the right, in our sole discretion and without notice to you, to immediately terminate or suspend your use of or access to the Services.

7. Availability of Service

Subject to the terms and conditions of these Terms, Waggle shall use commercially reasonable efforts to provide Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of your active subscription for Services. However, you acknowledge that the availability of the Services is dependent on the availability of certain third party services, including but not limited to your Internet service provider, Wi-Fi, and any other relevant equipment. We are not responsible for your inaccessibility to the Services due to third party services or equipment.

Additionally, You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunction; (ii) periodic maintenance procedures or repairs that Waggle may undertake from time to time; or (iii) causes beyond the reasonable control of Waggle or that are not reasonably foreseeable by Waggle, including without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You further agree that the availability of the Service or hosted application may be interrupted during periods of time during which Waggle has scheduled upgrades to the Services and/or web server. Waggle will make commercially reasonable efforts to inform you of such interruption in Service prior to such interruption. However, it is expressly clarified that Waggle shall not be responsible for any interruption in the Service due to, and shall not be liable for any direct or indirect damages, property damage, personal injury, loss of life, or any other damages caused by, the reasons mentioned in this Section 7.

To access or use the Services, you must have (a) the appliable Hardware Product; (b) a wireless device that is supported by the Services; (c) installed and maintained the Hardware Product according to the instructions provided by Waggle; and (d) complied with any other specifications provided by Waggle. If you are experiencing any technical difficulties, please contact Waggle customer support at support@mywaggle.com.

8. Website and Mobile App Updates

We may, from time to time and in our sole discretion, develop updates, patches, bug fixes, upgrades, or other modifications to the Services ("Updates"). You hereby agree that Waggle may automatically install the Updates without notice or additional consent from you, except as required by applicable law or in accordance with our Privacy Policy.

9. Personal information and privacy

You are responsible for maintaining the confidentiality of your Account username, password, and other sensitive information. You are responsible for all activities that occur in your Account, including Authorized User activities, and you agree to notify Waggle immediately of any unauthorized use of your Account. Waggle is not responsible for any loss or damage to you, you Authorized Users, or any third party incurred as a result of any unauthorized access and/or use of your Account.

9.1 Cookies

Cookies are pieces of data that are often created when a user visits a website/mobile application and which are stored in a cookie folder on the user's computer/smart device. One or more cookies may be created when accessing the Website or Mobile App. The cookie provides functionality by storing user preferences while the user navigates around the Website or Mobile App, as applicable. This cookie is automatically deleted shortly after the user logs out of the Website or Mobile App, as applicable, or the session is timed out. The cookie does not contain any personal information about the user, and it cannot be used to identify an individual user. You may choose to set the browser to not accept cookies, but this may limit some features of the Services.

Waggle also automatically collects information, including but not limited to IP addresses, about your visit to the Website. This information is used to make user's visits to the Website more efficient, and to help remember browsing preferences on the Website so as to make regular improvements.

9.2 Changes to the Privacy Policy

Any changes to the Privacy Policy that affect how User data is handled will be communicated by Waggle by email to the User and/or updated in Waggle's published policies.

9.3 Data Protection and Security

Waggle is committed to protecting Authorized User data collected through use of the Services, and access to and use of the Website and Mobile App. Data collected through the Website, Mobile App, and Hardware Products may include tracking information of applicable Hardware Products used and accessed by Authorized Users, environmental parameters measured by Hardware Products, and certain personal Authorized User information in connection with the Account, such as name, image (to the extent provided as a profile picture), audio/visual information captured in connection with an audio/visual enabled Hardware Product, phone number, certain pet information, email address, physical and mailing address, etc. Waggle will take diligent processes to safeguard this data. These steps include but are not limited to organizational (who has access to it) security procedures and electronic access control to this data. However, Waggle will not be responsible for any unauthorized use of the data on account of unauthorized disclosure by you or other Authorized Users.

The security of your personal information is important to us, but remember that no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially reasonable means to protect your personal information, we cannot guarantee its absolute security. You are also responsible for the security of your personal information in connection with your use of the Services. You must protect your username and password, only sharing such information with third parties you trust, and should ensure that any wireless Internet connections you use to access the Services are secure. If you believe that the security of your personal information on our Services has been compromised, please immediately contact us at support@mywaggle.com.

9.4 Data Retention

Tracking data from the Website and Mobile App in connection with your Hardware Product(s) are collected during Authorized Users' use of the Services. Waggle uses commercially reasonable efforts to protect such tracking data.

In general, any data provided to Waggle by you or an Authorized User will only be used by us in connection with providing the Services to you and your Authorized Users and in connection with performance optimization of our Services. Authorized User information will be disclosed to third parties only where Waggle is obliged by law to do so or where you or your Authorized Users have otherwise consented to such disclosure (including, without limitation, to a veterinarian in connection with out Vetchat service and to our third party billing partner).

10. Financial arrangements

Financial terms and conditions under which the Services are provided are as set forth at the point of sale on the Website or Mobile App, as applicable, at which User purchased, downloaded, or otherwise accessed the applicable Services. Terms and conditions controlling subscription cancellations and refunds of Services are as set forth on the Subscription Plan page of the Website.

11. User's Representations and Warranties; Restrictions on Use

You represent and warrant that:

• You shall use the Services solely in accordance with these Terms;
• You will not, directly or indirectly, modify, make derivative works of, disassemble, decompile, reverse engineer, translate or otherwise copy the Services or its components for any purpose;
• You will not infringe or violate the intellectual property rights or any other rights of another person or entity, including Waggle;
• You will use our Services for lawful purposes only and comply with all, and not violate any, applicable laws and regulations while using the Services;
• You will provide authentic information in all instances where such information is requested of you;
• You are accessing the Services at your sole risk and are using your best and prudent judgment in your use of the Services;
• You will not disseminate any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material, and will not engage in conduct that is harmful, deceptive, threatening, harassing, vulgar, defamatory, obscene, fraudulent or otherwise objectionable or questionable;
• You will not transmit any material that encourages conduct that constitutes a criminal offense, results in civil liability, or otherwise breaches any relevant laws, regulations, or code of practice;
• You will not interfere with, disrupt, violate or attempt to gain unauthorized access to any computer systems, networks or servers connected to the Services or violate the regulations, policies or procedures of such systems, networks, or servers;
• You will not interfere with any other person's use or enjoyment of the Website or Mobile App, and will not interfere with the Services, including by placing any unreasonable load on the Services' infrastructure;
• You will not make, reproduce, distribute, republish, download, display, post, transmit, or store any part of the Services or content provided via the Services, except as permitted by Waggle in writing in each instance;
• You will not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services;
• You will not attempt to obtain the password, account or other security information from any other Account of which you are not an Authorized User;
• You will not (i) engage in conduct that may result in "spam" or any form of auto-responder on the Services, (ii) engage in or utilize processes that run or activate while you are not logged into the Services, (iii) send unsolicited email, including promotions and/or advertising of products or services, or (iv) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
• You will not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• You will not access or use the Services for purposes of building a competitive or similar product or service;
• You will not upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handled mobile device, data, the Services, or any other system, device or property;
• You will not remove, obscure or modify any proprietary rights notices (including copyrights and trademark notices) that may be provided by or in connection with the Services; and
• You will not "crawl," "scrape" or use "spiders" on any page, data, or portion of or relating to the Services, whether by automated or manual means.

Your failure to abide by the foregoing may result in the termination or suspension of your use of or access to the Services, in our sole discretion, for any reason, at any time, and without notice. Subject to the applicable law, we have the sole right to determine whether you are in breach of any terms contained in these Terms. Waggle may investigate occurrences that may involve violations of the above representations and warranties and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

12. User-Generated Content

As between Waggle and User, User retains any copyrights on any videos, images, or other content created by User and submitted to our Website or the Mobile App ("User Content"), such as images. User is solely responsible for the User Content that User and its Authorized Users publicly uploads, transmits, shares or otherwise disseminates on and through the Services, including its legality, reliability, and appropriateness. Waggle reserves the right, but is not obligated, to remove any User Content from the Services at any time in its sole discretion. If an Authorized User posts or sends any offensive, inappropriate or objectionable content anywhere on the Website or Mobile App, or otherwise engages in any disruptive behavior on the Website or Mobile App, Waggle, at its sole direction, may suspend User's and its Authorized Users' use of the Services and remove the content from the Website and/or Mobile App, as applicable.

User represents and warrants to Waggle that any User Content is original, User is the sole author, and that User has the full power and/or license to make this arrangement and publish its User Content on the Internet, and the posting or dissemination of User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any person or entity. User shall indemnify Waggle against any losses and other expenses, including reasonable attorney's fees, arising or resulting from User's breach of any of all of these warranties.

User hereby grants Waggle and its licensees a non-exclusive, irrevocable, fully paid and royalty-free, perpetual, worldwide, sub-licensable and transferable right to access, re-use, distribute, store, delete, translate, copy, modify, display, sell, create derivative works from and otherwise exploit User's User Content for any purpose and in any media formats in any media channels without compensation to User or any other person or entity. User also hereby grants to each user of the Services a non-exclusive license to access, use and/or share User's User Content through the Services as permitted through the functionality of the Services and these Terms.

13. Waggle Community

To maintain quality discussions, all posts, including video, pictures, and location reviews, have to comply with the following posting policy:

• Abusive, hateful, offensive posts and links are prohibited on Waggle community platforms.
• Do not post texts, videos, or links to content that are off-topic or disruptive of the discussion.
• Content that threatens or harasses others is prohibited.
• Sexually explicit content and content that contains profanity is strictly prohibited.
• Posting corrupted files or files containing viruses is prohibited.
• Posting materials that violate the copyrights or other intellectual property rights of others is prohibited.
• Bullying of any form is strictly prohibited inside the community. Respect people and their pets inside this platform.
• Violation of the U.S. laws, rules, or regulations is condemned.
• Do not violate any other applicable law or regulation.

By participating or logging into the community, you are considered to be in agreement with these Terms. In case of any misconduct, we reserve the right to suspend your usage of the Services and delete any or all of your User Content and any other posts you submit to the Waggle community.

14. Assignment

User shall not assign or delegate any rights or obligations under these Terms without Waggle's prior written consent. Any attempted assignment in contravention of this Section shall be void and of no effect. Waggle may freely assign or delegate all rights and obligations under these Terms in whole or in part without notice to User.

15. Disclaimer of Warranties

User expressly understands and agrees that the use of the Services is at User's sole risk. The Services are provided on an as-is and as-available basis. Waggle expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Waggle makes no warranty about the quality of the Services, that the Services will meet User's requirements, or that the Services will be uninterrupted, error-free, free of defects, timely, secure, or virus-free or that any defects will be corrected. Use of any material downloaded or obtained through the use of the Services shall be at User's own discretion and risk, and User will be solely responsible for any damage to User's computer system, mobile telephone, wireless device, or data that results from the use of the Services or the download of any such material. No advice or information, whether written or oral, obtained by User from Waggle, its employees, or representatives shall create any warranty not expressly stated in these Terms.

16. Disclaimer of Third Party Services

Our Services may contain links or access to third-party web sites or services that are not owned or controlled by Waggle ("Third Party Services"). A description or link to Third Party Services does not imply an endorsement by Waggle of the Third Party Services.

Waggle has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Services. You further acknowledge and agree that Waggle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such Third Party Services.

You may be required to agree to additional Third Party Services terms and conditions, warranties, or other policies. These Terms or any other Waggle agreements with you do not apply to your access or use of Third Party Services. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Services that you access or use.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR "AFFILIATES") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS, OR OTHER INTANGILE LOSSES, ARISING FROM OR RELATING TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

TO THE MAXIMUM EXTENT PERMITTED BY APPLIABLE LAW, OUR SOLE AND ENTIRE AGGREGATE LIABILITY TO YOU AND ANY OTHER PERSON IN CONNECTION WITH THE SERVICES, FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE, OR OTHER DAMAGES NOT EXPRESSLY EXCLUDED HEREIN, ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT OR OTHERWISE, SHALL BE LIMITED TO THE ACTUAL AMOUNTS PAID BY YOU FOR THE SERVICES YOU HAVE PURCHASED DIRECTLY FROM US WITHIN THE TWELVE (12) MONTHS DIRECTLY PRECEDING THE CAUSE OF ACTION.

18. Indemnification

To the fullest extent permitted by applicable law, User agrees to indemnify, defend, and hold harmless Waggle, its officers, directors, employees, suppliers, and affiliates from and against any and all losses, damages, fines, and expenses (including attorney's fees and costs) arising out of or relating to User, or its Authorized Users' use of the Services, including, without limitation, any breach by User of these Terms and the representations and warranties provided by User herein.

19. Suspension and Termination

In addition to any other suspension or termination rights set forth elsewhere in these Terms, Waggle may suspend a User's Account or temporarily disable access to the whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies. Waggle may terminate a suspended or disabled User Account after such Account has been suspended or disabled, as applicable, for at least thirty (30) days. Waggle will also terminate User's Account at User's request. In addition, Waggle reserves the right to terminate User's Account and deny the Services upon reasonable belief that user has violated the Terms. Upon termination of User's Account, User and all the Authorized Users of such Account will no longer have access to the Services.

20. Dispute Resolution; Waiver of Class Action and Jury Rights

Any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other related content, shall be finally and exclusively resolved by binding arbitration, by an arbitrator appointed by us, under the American Arbitration Association's ("AAA") Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures ("Rules"), and not by a lawful court process, except as California law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The above arbitration shall be in accordance with the applicable laws of the State of California as amended time to time.

YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THESE TERMS ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO HAVE SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER PRESENTATIVE PROCEEDING.

If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial.

21. Governing Law and Jurisdiction

These terms shall be construed in accord with the applicable laws of the State of California, without giving effect to the conflict of laws provisions thereof.

22. Miscellaneous

These Terms, together with the Privacy Policy, the Subscription Policy, and the Warranty, Return and Refund Policy, constitutes the entire agreement between Waggle and you with respect to Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect. In these Terms, the word "person" includes any individual, corporation, limited liability company, trust, fiduciary, governmental entity, or other entity or status of any kind that is recognized under applicable law as a separate legal person, and the word "include(s)" means "include(s), without limitation," and the word "including" means "including, but not limited to." Unless the context of these Terms otherwise clearly requires, references to the plural include the singular and the singular the plural. Unless otherwise expressly indicated herein, the words "hereof," "hereunder," and similar terms in these Terms refer to these Terms as a whole and not to any particular provision of these Terms. All references to "Section" herein shall refer to the sections and paragraphs of these Terms unless specifically stated otherwise. Waggle's failure to act with respect to a breach by you or others does not waive its right to act with respect to such breach or subsequent or similar breaches. The section titles in these Terms are for your convenience only and have no legal or contractual effect. We may provide notifications to you as required or permitted by law via email to the primary email address associated with the Account, mobile notification, hard copy or posting of such notice on our Website. Waggle is not responsible for any automatic filtering that you or your network provider may apply to such notifications. These Terms will remain in full force and effect as long as you continue to access or use the Services, or until terminated in accordance with provisions of these Terms. We may terminate or suspend your use, access or account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.