Terms of Service

1. Acceptance of Terms

By accessing or using Herp Tracker (the "Service"), operated by Herp Tracker Inc. ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

We may modify these Terms at any time. Your continued use of the Service after any modifications constitutes acceptance of the updated Terms. We will notify you of significant changes through the Service or by email.

2. Service Description

Herp Tracker is a reptile care management application that allows users to track feeding schedules, weight, shedding cycles, breeding records, and other husbandry activities for their reptiles and exotic pets.

The Service is provided "as is" and "as available." We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration

To use certain features of the Service, you must create an account. By creating an account, you agree to:

Provide accurate, current, and complete information

Maintain and promptly update your account information

Keep your account credentials secure and confidential

Be responsible for all activities that occur under your account

Notify us immediately of any unauthorized use of your account

Age Requirement: You must be at least 13 years old to create an account. If you are under 18, you must have parental or guardian consent to use the Service.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe to be fraudulent.

4. Subscriptions and Billing

Free and Paid Plans

Herp Tracker offers both free and paid subscription plans. The free "Starter" plan provides limited features, while paid plans offer additional features and higher limits as described on our pricing page.

Billing

If you choose a paid subscription:

You authorize us to charge your payment method on a recurring basis

Subscriptions renew automatically until canceled

Prices are subject to change with 30 days' notice

All fees are non-refundable except as required by law or stated in our refund policy

Refund Policy

We offer a 30-day money-back guarantee on all paid plans. If you are not satisfied within 30 days of your initial purchase, contact us for a full refund. After 30 days, refunds are provided at our discretion.

Cancellation

You may cancel your subscription at any time through the app settings. Upon cancellation:

Your subscription remains active until the end of the current billing period

Your account will be downgraded to the free Starter plan

Data exceeding Starter limits will become read-only but not deleted

5. Acceptable Use

You agree NOT to use the Service to:

Violate any applicable laws or regulations

Infringe upon the rights of others

Upload or transmit viruses, malware, or malicious code

Attempt unauthorized access to systems or accounts

Interfere with or disrupt the Service or servers

Use the Service for illegal or unauthorized purposes

Harass, abuse, or harm another person or entity

Impersonate any person or entity

Collect personal data about users without consent

Use automated means (bots, scrapers) without permission

We reserve the right to investigate and take appropriate action against anyone who violates these provisions, including removing content and terminating accounts.

6. Intellectual Property

The Service and its original content, features, and functionality are owned by Herp Tracker Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks, logos, and service marks may not be used without our prior written consent. You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code.

7. User Content

"User Content" refers to any data, text, photos, or other content you upload, submit, or transmit through the Service, including animal profiles, logs, and photos.

Ownership

You retain ownership of your User Content. By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, display, and distribute your User Content solely for the purpose of providing and improving the Service.

Responsibility

You are solely responsible for your User Content. You represent that:

You own or have the rights to use and authorize us to use your User Content

Your User Content does not violate any laws or third-party rights

Your User Content does not contain any harmful, offensive, or illegal material

Backup

While we take measures to protect your data, we are not responsible for any loss or corruption of User Content. We recommend maintaining your own backups using our export features.

8. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

The Service will be uninterrupted, secure, or error-free

Any defects will be corrected

The Service is free of viruses or harmful components

The results from using the Service will meet your requirements

Veterinary Disclaimer

Herp Tracker is a record-keeping and organizational tool. It does not provide veterinary advice, diagnosis, or treatment recommendations. Always consult a qualified veterinarian for health concerns about your animals.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERP TRACKER INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, data, use, or goodwill

Cost of procurement of substitute services

Any damages arising from your use or inability to use the Service

Any conduct or content of any third party on the Service

Liability Cap: In no event shall our total liability exceed the amount you paid us in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless Herp Tracker Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Service

Your violation of these Terms

Your violation of any rights of another person or entity

Your User Content

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

Your right to use the Service will cease immediately

We may delete your account and all associated data

Provisions that by their nature should survive termination will survive

You may terminate your account at any time by contacting us or using the delete account feature in the app settings.

13. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

Class Action Waiver: You agree that any arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action.

15. Contact Information

If you have any questions about these Terms, please contact us:

support@herptracker.app Contact Form

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Herp Tracker Inc. regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

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