SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, Wandering Tail hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Software for your personal non-commercial use, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE. Subject to this EULA and its terms and conditions, Wandering Tail hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Wandering Tail, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Wandering Tail 's termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.
OWNERSHIP; NO OTHER LICENSES. Wandering Tail retains all right, title and interest in and to the Wandering Tail Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Wandering Tail Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Wandering Tail Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Wandering Tail. All rights not expressly granted to you herein are reserved by Wandering Tail.
2. Third party services
Wandering Tail Services may include links to third party services and/or the third party services may be made available to you via Wandering Tail Services. These services may include, but are not limited to, social medial connectivity and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
Wandering Tail can sell or allow the following data to third parties:
-Downloaded/uploaded information of the dog(s).
-Dog owners name (given by user)
-Owner's ZIP code, city, country.
-Public outdoor areas which have been tagged in the map by using the application.
-User statistic and activity of tagged areas.
Third parties can send advertisements to application users.
Information which is never send to third parties:
-The owners address, phone number, e-mail and their location outside tagged areas.
3. General license conditions
You agree not to: (I) commercially exploit the Wandering Tail Services; (II) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Wandering Tail Services, any copies thereof, or any passwords or usernames of Wandering Tail Services, without the express prior written consent of Wandering Tail or as set forth in this EULA; (III) make a copy of the Wandering Tail Services or any part thereof, including but not limited to Software (other than as set forth herein); (IV) make the Wandering Tail Services publicly available or available on a network for use or download by multiple users; (V) except as otherwise specifically provided by the Wandering Tail Services or this EULA, use or install the Wandering Tail Services (or permit others to do same) on a network, (VI) use or copy the Wandering Tail Services at a computer gaming center or any other location-based site; provided, that Wandering Tail may offer you a separate site license agreement to make the Wandering Tail Services available for commercial use; (VII) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Wandering Tail Services, in whole or in part; (VIII) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Wandering Tail Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (IX) misrepresent the source of ownership of the Wandering Tail Services; (X) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Wandering Tail Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (XI) scrape, build databases or otherwise create permanent copies of content returned from the Wandering Tail Services.
The Wandering Tail Services may allow you to create content, including but not limited, to marking locations on map, adding pictures and information. In exchange for use of the Wandering Tail Services, and to the extent that your contributions through use of the Wandering Tail Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Wandering Tail an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Wandering Tail 's and other users use and enjoyment of such assets in connection with the Wandering Tail Services and related goods and services under applicable law.
The Wandering Tail Services require an internet connection to access the Wandering Tail Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Wandering Tail Services to operate properly, you may be required to have and maintain (A) an adequate internet connection and/or (B) a valid and active account with an online service as set forth in the documentation related to Wandering Tail Services. By using the Wandering Tail Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Wandering Tail Services may not operate or may cease to function properly.
By installing, accessing or using the Wandering Tail Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.
Wandering Tail collects and uses personal and non-personal information in relation to Wandering Tail's products and services.
Wandering Tail reserves the right to use locations, images and texts downloaded by the application users. Information may be used for marketing purposes.
Location data is stored and the program sends automatically the user's location information to Wandering Tail, in order for the program to operate properly. The user may in the future decide which information of them (dog owners) is shown to other users, currently the application displays the name and the city, which is the minimum requirement.
5. Purchases of virtual goods and payments
Wandering Tail may license to you certain virtual goods to be used within Wandering Tail Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency.
Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Please note that any payment for licenses for virtual goods is always NON-REFUNDABLE and FINAL. Wandering Tail may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Wandering Tail shall have no liability to you or any third party in the event that Wandering Tail exercises any such rights.
Subject to mandatory legislation, you acknowledge that wandering tail is not required to provide a refund for virtual goods for any reason and that you will not receive money or other compensation for unused virtual goods, whether your loss of license under this eula was voluntary or involuntary.
6. No Warranties
Wandering Tail services are provided to you “as is,” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. Wandering Tail does not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. Wandering Tail does not warrant against interference with your enjoyment of the software; that the Wandering Tail services will meet your requirements; that operation of the Wandering Tail services will be uninterrupted or error-free, or that the wandering tail services will interoperate or be compatible with any other Wandering Tail services or that any errors in the Wandering Tail services will be corrected.
7. Limitations of liability
In no event will Wandering Tail be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Wandering Tail services, including but not limited to, damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this eula or the software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Wandering Tail have been advised of the possibility of such damages. For purposes of this section 7, Wandering Tail’s licensors and channel partners are third party beneficiaries to the limitations of liability specified herein and they may enforce this eula against you.
Because some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. This eula gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.
In no event shall wandering tail’s liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the wandering tail services or five euros (eur 5), whichever less.
To the maximum extent permitted by applicable law, in no event shall, wandering tail, its employees or licensors or affiliates be liable for any lost profits, revenue, sales, data, or costs of procurement of substitute goods or services, property damage, personal injury, interruption of business, loss of business information, or for any special, direct, indirect, incidental, economic, cover, punitive, special, or consequential damages.
8. Other terms and conditions
Wandering Tail is not responsible for possible data transfer or networking costs or any other teleservice provider costs of any kind.
Wandering Tail software is distributed by Google Play Store and Apple App Store. Google Play and App Store terms and conditions also apply to Wandering Tail and are part of this agreement. Google Play and App Store terms and conditions are followed in cases not mentioned in this agreement.
You agree that you may bring claims against wandering tail only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
The user of the application has the obligation to comply with the laws and general regulations.
Tagging private yard areas and residences to the map is prohibited.
Using the application for criminal matters, directly or indirectly, is prohibited.
Impersonating prohibited. Wandering Tail recommends that you use your own name. The user of the application may use an appropriate pseudonym, if absolutely necessary. Wandering Tail reserves the right to reject inappropriate usernames or other texts.
Software is delivered as it is. Software is updated regularly and layout and functionality may change during subscription periods.
GOVERNING LAW AND DISPUTE RESOLUTION. This EULA will be governed by the laws of Finland without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply.
All disputes arising from or relating to this Agreement shall be settled in the district court of Tampere. All notices should be delivered in English to: