Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Apsion (the "Company"), concerning your access to and use of the Bark FM service at barkfm.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site") and the services offered (the "Service"). You agree that by accessing the Site and/or Service, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. Apsion reserves the right, in its sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. The Company will alert you about any changes by updating the "Last updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change.

2. Intellectual Property Rights

Unless otherwise indicated, the Site and the Service are Apsion's proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by Apsion or licensed to the Company, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site or the Service 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 Apsion's express prior written permission.

Provided that you are eligible to use the Site and Service, you are granted a limited license to access and use the Site and to 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. Apsion reserves all rights not expressly granted to you in and to the Site, the Service, the Content and the Marks.

3. User Representations

By using the Site and Service, 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 Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site or Service through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site or Service for any illegal or unauthorized purpose; and (7) your use of the Site or Service will not violate any applicable law or regulation.

4. User Registration

You may be required to register with the Site to access the Service. You agree to keep your password confidential and will be responsible for all use of your account and password. Apsion reserves the right to remove, reclaim, or change a username if the Company determines, in its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Fees and Payment

The Service offers a free tier with limited functionality ("Free Tier") and paid subscription plans ("Paid Plans," e.g., Base Plan, Premium Plan) that provide access to additional features and content. You can find the specific details regarding the features and limitations of each plan on the Site.

If you choose a Paid Plan, you agree to pay all charges at the prices then in effect for your chosen plan, and you authorize Apsion to charge your chosen payment provider (e.g., Stripe, LemonSqueezy) for any such amounts upon placing your order. Paid Plans may be subject to recurring charges, and you consent to the Company 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 plan.

Apsion may offer free trials for a limited period for Paid Plans. Unless you cancel before the end of the free trial, you will be automatically charged the subscription price for the plan selected at the end of the trial period.

All payments shall be in U.S. dollars. Apsion reserves the right to correct any errors or mistakes in pricing, even if payment has already been requested or received. The Company also reserves the right to refuse any order placed through the Site. Prices for Paid Plans may be changed at any time, but changes will apply to subsequent billing cycles following notice of the change to you.

You can cancel your subscription at any time through your account settings. Your cancellation will take effect at the end of the current paid term. Apsion does not provide refunds or credits for any partial subscription periods.

6. Prohibited Activities

You may not access or use the Site or Service for any purpose other than that for which the Service is made available. The Site and Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Apsion. Prohibited activities include, but are not limited to: systematically retrieving data or other content; making any unauthorized use of the Service; interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected; attempting to bypass any measures designed to prevent or restrict access; deciphering, decompiling, disassembling, or reverse engineering any of the software; using the Service as part of any effort to compete with Apsion; or using the Site or Service in a manner inconsistent with any applicable laws or regulations.

7. User Generated Contributions

The Service allows you to log your dog's reactions to sounds ("Contributions"). You understand and agree that your Contributions may be used by Apsion to improve and personalize the Service, including training algorithms for adaptive playlists. You represent and warrant that your Contributions comply with these Terms and do not include sensitive personal information beyond what is requested for the dog profile and reaction logging. The Company is not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and you expressly agree to exonerate Apsion from any and all responsibility and to refrain from any legal action against the Company regarding your Contributions.

8. License Grant

By submitting Contributions, you automatically grant to Apsion an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your dog's reaction data) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

9. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Service ("Submissions") provided by you to Apsion are non-confidential and shall become the Company's sole property. Apsion shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

10. Third-Party Websites and Content

The Site or Service may contain 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 Apsion, and the Company is not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.

11. Site Management

Apsion reserves the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in the Company's sole discretion, violates the law or these Terms of Service; (3) in the Company's sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) otherwise manage the Site in a manner designed to protect Apsion's rights and property and to facilitate the proper functioning of the Site and the Service.

12. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Site or Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, APSION RESERVES THE RIGHT TO, IN THE COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE SERVICE (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 TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. THE COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN THE COMPANY'S SOLE DISCRETION.

If your account is terminated or suspended 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.

13. Modifications and Interruptions

Apsion reserves the right to change, modify, or remove the contents of the Site or Service at any time or for any reason at the Company's sole discretion without notice. The Company also reserves the right to modify or discontinue all or part of the Service without notice at any time. Apsion will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Service.

The Company cannot guarantee the Site and Service will be available at all times. The Site may experience hardware, software, or other problems or require maintenance, resulting in interruptions, delays, or errors.

14. Governing Law

These Terms of Service and your use of the Site and the Service are governed by and construed in accordance with the laws of the State of [Insert Your State, e.g., California] applicable to agreements made and to be entirely performed within the State of [Insert Your State, e.g., California], without regard to its conflict of law principles.

15. Dispute Resolution

Any legal action of whatever nature brought by either you or Apsion (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in [Insert Your County, e.g., San Francisco County], [Insert Your State, e.g., California], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

16. Disclaimers

THE SITE AND THE SERVICE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, APSION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUMES 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 SITE OR SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY'S 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 SITE OR SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE 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 SITE OR SERVICE.

IMPORTANT: THE Bark FM SERVICE PROVIDED BY APSION IS DESIGNED TO PROVIDE AUDIO ENRICHMENT AND POTENTIAL CALMING EFFECTS BASED ON GENERAL RESEARCH. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL VETERINARY CARE, DIAGNOSIS, OR TREATMENT, NOR IS IT A SUBSTITUTE FOR PROFESSIONAL BEHAVIORAL TRAINING OR MODIFICATION. ALWAYS CONSULT WITH A QUALIFIED VETERINARIAN OR CERTIFIED ANIMAL BEHAVIORIST REGARDING YOUR DOG'S HEALTH AND BEHAVIORAL CONCERNS. APSION DOES NOT GUARANTEE ANY SPECIFIC OUTCOME OR RESULT FROM THE USE OF THE SERVICE. INDIVIDUAL DOG RESPONSES TO AUDIO WILL VARY.

17. Limitations of Liability

IN NO EVENT WILL APSION OR THE COMPANY'S 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 SITE OR THE SERVICE, EVEN IF APSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO APSION DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

18. Indemnification

You agree to defend, indemnify, and hold Apsion harmless, including its subsidiaries, affiliates, and all of its 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) use of the Service; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights.

19. User Data

Apsion will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although the Company performs 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 Service. You agree that Apsion shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the Company arising from any such loss or corruption of such data. Please refer to the Privacy Policy for more details on how user data is handled.

20. Miscellaneous

These Terms of Service and any policies or operating rules posted by Apsion on the Site or in respect to the Service constitute the entire agreement and understanding between you and the Company. The Company's failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. Apsion may assign any or all of its rights and obligations to others at any time. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

21. Contact Us

In order to resolve a complaint regarding the Site or the Service or to receive further information regarding use of the Site or the Service, please contact Apsion at: [Insert Contact Email Address Here]