Terms

TERMS

Version 2.0

Last revised on: November 23, 2022

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.

Barking Labs Corp (dba Fi) (“Fi”, “Company”, “us”, “our”, and “we”) offers smart GPS-enabled dog collars and other accessories for pets (“Fi Products”), related GPS-tracking and activity monitoring services for such dog collars that we offer via desktop and mobile applications (“Fi Services”) and other content and features for Fi Products and Fi Services, including through our website located at https://tryfi.com/ and its subdomains (the “Site”) and mobile applications (“Fi Applications”). The Fi Products, Fi Services, Fi Applications and Site collectively are referred to herein as the “Fi Offerings”). By registering as a member or by visiting, browsing the Site or a Fi Application, or ordering, purchasing or using any Fi Offering in any way, you (as a “user”) accept these Terms of Service (“Terms”), which form a binding agreement between you and Fi. If you do not wish to be bound by these Terms or any applicable Supplemental Terms (as defined herein) or any Fi policies referred to herein (collectively, the “Agreement”), you may not access or use any of the Fi Offerings.

Fi Services are provided on a subscription basis (each, a “Subscription”) and access to certain Fi Offerings require a membership, which includes a Subscription (“Membership”). WHEN YOU SUBSCRIBE TO A FI SERVICE AS PART OF A MEMBERSHIP OR OTHERWISE, YOUR SUBSCRIPTION WILL CONTINUE FOR THE DURATION OF THE APPLICABLE PERIOD SPECIFIED FOR THE FI SERVICE PLAN YOU PURCHASED (AS REFLECTED IN THE ORDER) (THE “COMMITMENT PERIOD”), AND YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE EXPIRATION OF THE COMMITMENT PERIOD (AND EACH SUCCESSIVE COMMITMENT PERIOD) FOR A PERIOD OF TIME EQUAL TO THE PRIOR COMMITMENT PERIOD (AT FI'S THEN-CURRENT SUBSCRIPTION PRICE) UNLESS YOU (A) OPT OUT OF THE AUTO-RENEWAL, (B) CANCEL OR DECLINE TO RENEW YOUR SUBSCRIPTION/MEMBERSHIP IN ACCORDANCE WITH SECTION 2 OF THE SUBSCRIPTION AND MEMBERSHIP TERMS AND CONDITIONS, OR (C) CHANGE THE DURATION OF THE COMMITMENT PERIOD PRIOR TO THE EXPIRATION OF SUCH PERIOD.

PLEASE BE AWARE THAT SECTION 18 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND FI HAVE AGAINST EACH OTHER WILL BE RESOLVED, INCLUDING WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO YOU ENTERING INTO THE AGREEMENT. SECTION 18 CONTAINS, AMONG OTHER THINGS, AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND FI BE RESOLVED BY BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS OF ENTERING INTO THE AGREEMENT: (1) YOU AND FI WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND EACH OF US WAIVES OUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) EACH OF US IS WAIVING OUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

PLEASE ALSO BE AWARE THAT SECTION 2 OF THESE TERMS CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.

Certain elements of the Fi Offerings may be subject to additional terms and conditions specified from time to time (“Supplemental Terms”), including, but not limited to, with respect to Subscriptions and Memberships, the Subscription and Membership Terms and Conditions and with respect to purchases of Fi Products, our Return Policy and the warranty that applies to the particular Fi Product. All Fi Products come with our six (6) month Limited Warranty and Fi Products that are purchased as part of a Membership come with our Extended Hardware Warranty (for so long as your Membership for the product remains active). Supplemental Terms will either be listed in these Terms or be presented to you for your acceptance when you sign up to use the supplemental Fi Offerings. If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the Fi Offering to which they relate. These Terms together with all applicable Supplemental Terms form the Agreement.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY FI IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Fi will make a new copy of the Agreement available on the Site and the Fi Applications. We will also update the “Last Updated” date at the top of the Agreement. If we make material changes to the Agreement, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an account or another manner through the Fi Offerings. Fi may require you to provide consent to the updated Agreement in a specified manner before further use of the Fi Offerings is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Fi Offerings. Otherwise, your continued use of the Fi Offerings constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE AND THE FI APPLICATIONS TO VIEW THE THEN-CURRENT AGREEMENT. If you have prepaid for a Commitment Period, the prior Agreement shall remain in effect until the expiration of that Commitment Period and if you have already bought a product, the prior Agreement shall remain in effect for such product.

If you do not agree to the updated Agreement, you must stop using the Fi Offerings before it becomes effective as noted above. Otherwise, your continued use of any of the Fi Offerings after the effective date of the updated Agreement constitutes your acceptance of the updated Agreement. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT AGREEMENT. YOU AGREE THAT FI'S CONTINUED PROVISION OF THE FI SERVICE IS ADEQUATE CONSIDERATION FOR THE CHANGES IN THE UPDATED AGREEMENT.

1. WHO MAY USE THE FI OFFERINGS

You must be at least 18 years old (or the age of legal majority in your jurisdiction of residence) to register with and use the Fi Offerings. Minors between the ages of 13 and 18 years old that can safely use the Fi Offerings may participate in certain aspects of the Fi Offerings provided that they do so under their parent's or legal guardian's supervision and that such parent or legal guardian agrees to be bound by the Agreement. If you choose to permit a minor under the age of 18 to use any Fi Offering with you, you acknowledge and agree that you are solely responsible for such minor and must supervise them at all times while using the Fi Offering. You also agree to be fully responsible for the acts and omissions of such minor in connection with their use of the Fi Offerings.

We may, in our sole discretion, refuse to offer the Fi Offerings to any person or entity or change the eligibility criteria at any time. You are solely responsible for ensuring that you comply with all applicable laws, rules and regulations related to the Agreement, and the right to access and use the Fi Offerings is revoked where the Agreement or use of the Fi Offerings is prohibited or conflicts with any applicable law, rule or regulation.

2. LICENSE TO AND USE OF THE FI OFFERINGS

License. Subject to your compliance with the Agreement, during the term of the Agreement, Fi grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Fi Services for your own personal, non-commercial use in connection with your pet and for no other purpose whatsoever. This license includes the right to view content available on the Fi Services. This license is personal to you and may not be assigned or sublicensed to anyone else.

Subject to your compliance with the Agreement, Fi grants you a limited, non-transferable, non-exclusive, revocable license to download, install and use a copy of the mobile application on a single mobile device or computer that you own or control and to run such copy of the application solely for your own personal, non-commercial use and for no other purpose whatsoever. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence of this paragraph, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.

Updates. You understand that the Fi Services is evolving. As a result, Fi may require you to accept updates to the Fi Services. You acknowledge and agree that Fi may update Fi Services with or without notifying you. You may need to update third party software from time to time in order to use the Fi Services.

Restrictions. Except as expressly permitted in writing by an authorized representative of Fi, you will not use the Fi Offerings except as expressly authorized under the Agreement, and you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Fi Offerings in whole or in part, nor will you take any measures to interfere with or damage the Fi Offerings, nor will you use the Fi Offerings (or any component thereof) to create any product or technology that competes with the Fi Offerings (or any component thereof). You will not download or install any third party software or application on the device that is not expressly permitted by Fi in writing. All rights not expressly granted by Fi in the Agreement are reserved.

Fi Communications. By entering into the Agreement or using the Fi Offerings, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Subscription or the use of the Fi Offerings, updates concerning new and existing features on the Fi Offerings, communications concerning new products or services, communications concerning promotions run by us or our third party partners, and news concerning Fi and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE FI OFFERINGS OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN EMAIL US AT support@tryfi.com. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS AND CALLS MAY IMPACT YOUR USE OF THE FI OFFERINGS.

3. PRIVACY

Our Privacy Policy forms a part of the Agreement. Please review the Privacy Policy to learn about:

What information we may collect about you;
What we use that information for; and
With whom we share that information.

4. SUBSCRIPTIONS; MEMBERSHIPS; REGISTRATION & ACCOUNTS

To access the content and full features of certain Fi Offerings or to obtain a Membership, you must register on our platform. You must provide complete and accurate registration information to Fi when registering or signing up for a Subscription or Membership, and promptly notify us if any of your information changes. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fi has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Fi has the right to suspend or terminate your Subscription/Membership, and refuse any and all current or future use of the Fi Offerings. You agree not to sign up for a Subscription or Membership using a false identity or information, or on behalf of someone other than yourself. Fi reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. You agree not to sign up for a Subscription or Membership, or use a Fi Offering if you have been previously banned from any Fi Offerings. Each Subscription and Membership is governed by the Subscription Terms and Conditions.

Third Party Information. You may not use someone else's name, or any name, location or other public profile information that violates any third party rights or that is offensive, obscene or otherwise objectionable (in Fi's sole discretion).

Account Security. You are responsible for all activity that occurs under your Subscription, including any activity by unauthorized users. You agree that you shall monitor your Subscription to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Fi Service under your Subscription by minors. You must safeguard the confidentiality of your password and not share your account login or password with any third party, and log out of your account after using the Fi Service. If you become aware of an unauthorized access or any other breach of security, we recommend that you immediately change your password and notify us at support@tryfi.com.

Necessary Software. You must provide all software necessary to connect to the Fi Services, including but not limited to, a mobile device that is suitable to connect with and use the Fi Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Fi Services.

5. SALE; DELIVERY; RETURNS

Orders. Fi accepts orders Fi Products and each part of any order that you submit to Fi constitutes an offer to purchase. Fi is only deemed to have accepted your order once the Product(s) you ordered have been shipped. Unless otherwise specified at the time of purchase, you must pay for Products when you place the order. All Products ordered will be delivered to the U.S. shipping address you provide. We may cancel or deny an order placed by you at any time and for any lawful reason prior to our delivery of the Product(s), including without limitation if a Product is discontinued or otherwise becomes unavailable, and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those Products. Unfortunately, availability of Products cannot be guaranteed.

Shipping; Delivery. All shipping times shown on the Site are estimates only. Actual delivery dates may vary. Shipping, delivery, repairs, and installation of the Products may be performed by Fi's authorized third party logistics partners and technicians. While Fi will make a good faith effort to deliver the Fi Products in a timely manner, Fi is not responsible or liable for any delays or failure in such delivery, including without limitation, delays based on weather or other events beyond Fi's reasonable control. Your order will be delivered to the delivery address you specify when placing your order.

Returns. Please see our Return Policy and Limited Warranty (or for any eligible Fi Product for which you have an active Membership, our Extended Hardware Warranty) for further information on this subject.

6. FEES AND PAYMENT TERMS

Payment. You agree to pay us, through our payment processor or financing party (as applicable), for all Fi Offerings in accordance with the prices and billing and payment terms in effect at the time the order is made. To submit an order for a Fi Offering, you must provide valid payment information, such as a credit card (Visa, MasterCard or any other issuer accepted by us) or an account with a Third Party Service Provider (as defined DEALING WITH THIRD PARTIES). By providing your payment information, you agree that Fi is authorized to invoice your payment method for all fees and other charges as they become due and payable to Fi hereunder and that no additional notice or consent is required. You agree to immediately notify Fi of any change in your billing address, debit card, credit card, or Third Party Service Provider account used for payment (e.g., PayPal, Stripe, Apple Pay).

Taxes. Unless otherwise specified at the time of purchase, all applicable shipping and handling costs, taxes and other charges, if any, are in addition to the prices shown for the Fi Products, Subscriptions and Memberships on the Site. If any order or payment under the Agreement is subject to Sales Tax in any jurisdiction, you will be responsible for such Sales Tax and Fi will include the Sales Tax within the schedule of fees owed by you. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds that is the functional equivalent of a sales tax.

Bill Inquiries and Refunds. If you believe you have been billed in error, please notify us within thirty (30) days from purchase by contacting us at support@tryfi.com. Fi will not issue refunds or credits after the expiration of this 30-day period, except where required by applicable law or otherwise expressly permitted in our Refund Policy or applicable warranty (see Limited Warranty and Extended Hardware Warranty).

Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Only Promo Codes sent to you through official Fi communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.

7. TERM AND TERMINATION

Term. The Agreement commences on the date when you accept it (as described in the preamble above), or on the date you first used the Fi Service, if earlier, and remains in full force and effect while you use any of the Fi Offerings unless terminated earlier in accordance with the Agreement.

Termination. Fi may, in Fi's sole discretion, terminate or suspend your access to all or part of the Fi Offerings and your Subscription or Membership, or block or remove any of User Content (defined below) for any or no reason, including without limitation, if Fi determines, in its sole discretion, that you have violated the Agreement, that your conduct or the User Content would tend to damage Fi's reputation or goodwill or otherwise harm Fi or the Fi Offerings, and that you have violated the User Conduct requirements in Section 10.

Effect of Termination / Account Deletion. Upon termination of the Agreement, all licenses granted by Fi and your right to access and use the Fi Offerings and the benefits afforded by your Subscription or Membership will automatically terminate. If your account is deleted for any reason, User Content may no longer be available. Fi will not have any liability whatsoever to you for any suspension or termination, including for deletion of User Content. For clarity, if you cancel your Subscription/Membership, or it is terminated for any other reason, you will lose access to all content or features provided through the Fi Offerings or otherwise associated with your Subscription or Membership. All provisions of the Agreement which by their nature should survive, shall survive termination of Fi Offerings or your Subscription/Membership, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

No Subsequent Registration. If your registration(s) with, or ability to access, the Fi Services or your Subscription or Membership is discontinued by Fi due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community or Fi's reputation, then you agree that you shall not attempt to re-register with or access the Fi Services or a Subscription or Membership through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Fi Services or any Subscription or Membership to which your access has been terminated. In the event that you violate the immediately preceding sentence, Fi reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

8. SUBMISSIONS; CONTENT

User Content. Any content and information that a user uploads, posts, e-mails, transmits or otherwise makes available through the Fi Offerings (“User Content”), whether publicly posted or privately transmitted, is the sole responsibility of you. You represent that User Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. As between you and Fi, you own all User Content. When you post or otherwise make available User Content through the Fi Offerings, you represent that you own or have the right to use User Content. Any User Content that you make available may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Fi in its sole discretion. You hereby represent and warrant that your User Content does not violate the Agreement. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us.

License to User Content. You grant Fi a worldwide, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free, fully-paid license and right (including any moral rights) to use, copy, record transmit, distribute, perform and display (through all media now known or later created), edit, modify, and make derivative works from User Content for the purposes specified in our Privacy Policy and for operating and providing the Fi Offerings. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content.

Feedback. If you make suggestions to Fi or through the Fi Offerings about improving or adding new features, products, services, or functionality to the Fi Offerings or you otherwise provide feedback or testimonials (collectively, “Feedback”), you grant Fi a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner such Feedback without any compensation or other obligation to you. You represent and warrant that you have all rights necessary to submit the Feedback. You agree that submission of any Feedback is at your own risk and that Fi has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.

Consent to Recording of Interactions with our Services. You acknowledge and agree that Fi and our third-party service providers may record and use information about your interactions with our Services and your communications with us (including, via chat features) for quality assurance, research, development and other purposes as described in our Privacy Policy.

9. INTELLECTUAL PROPERTY OWNERSHIP

Fi Offerings. Except with respect to User Content, you acknowledge and agree that Fi owns all right, title, and interest in and to the Fi Offerings (including but not limited to, designs, specifications, computer code, layouts, designs, user interfaces, themes, objects, characters, character names, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and software). You acknowledge that the Fi Offerings contains software and other content that is protected by intellectual property and other proprietary rights, including copyrights, patents, trade secrets, and trademarks, and that these rights are protected and retained by Fi in all forms, media, and technologies existing now or hereafter developed. All Fi-generated content, and content provided to Fi by our partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and Fi, Fi owns a copyright in the selection, coordination, arrangement and enhancement of all content in the Fi Offerings.

Trademarks. The Fi name and logos and all affiliated properties, graphics, trademarks, service marks, trade dress, trade names, and designs used on or in connection with the Fi Offerings are the exclusive property of Fi, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product, or service. Any other trademarks appearing on the Fi Offerings are trademarks of their respective owners and their use is similarly restricted.

Reservation of Rights. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Fi Offerings. All rights not expressly granted in the Agreement are reserved. Nothing contained on the Fi Offerings should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks, or other intellectual property without our express prior written consent.

10. USER CONDUCT

In using the Fi Offerings, you must behave in a civil and respectful manner at all times. You may not take any action or make available to any part of the Fi Offerings any content or materials that:

Infringes, misappropriates, or otherwise violates any third party's intellectual property, proprietary, privacy, or publicity rights, or any;
Is sexually explicit content, obscene, or pornography;
Is threatening, abusive, harassing, hateful, defamatory, discriminatory, incites hatred against any individual or group, libelous, deceptive, fraudulent, invasive to another's privacy, tortious, offensive, profane, or violent;
Harms or exploits minors;
Is unlawful or violent;
Depicts animal cruelty or violence towards animals;
Involves commercial activities or sales, such as contests, sweepstakes, barter, or advertising, without Fi's prior written consent, or promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
Constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail;
Is deceptive, including among other things, by impersonating any person or entity, including any employee or representative of Fi;
Interferes with or attempts to interfere with the proper functioning of the Fi Offerings or uses the Fi Offerings in any way not expressly permitted by the Agreement; or
Violates or is prohibited by any applicable law.

Additionally, you agree not to attempt to engage in or engage in any potentially harmful acts that are directed against the Fi Offerings, including but not limited to violating or attempting to violate any security features of the Fi Offerings, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Fi Offerings, introducing viruses, worms, or similar harmful code into the Fi Offerings, or interfering or attempting to interfere with use of the Fi Offerings by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Fi Offerings.

To protect the intellectual property rights of Fi and its suppliers, any resale of Fi Offerings for personal and/or business profit is strictly prohibited (aside from the individual sale of a Fi Products by a consumer who legally purchased the Fi Products for personal use). For the avoidance of doubt, resale of the Fi Services is prohibited and any warranty offered by Fi is not transferable. Fi reserves the right to decline any order that Fi deems to possess characteristics of reselling.

If you plan to use the Fi in connection with any commercial activity (aside from the individual sale of a Fi by a consumer who purchased the Fi for personal use), you must receive prior consent from Fi. Fi reserves the right to request any changes or removal of the Fi displayed in any commercial setting (e.g., an auction, showroom, conference, live demonstration, event, etc.).

11. INVESTIGATIONS; RESERVATION OF RIGHTS

Although Fi does not generally monitor user activity occurring in connection with the Fi Offerings or User Content, Fi does reserve the right to monitor all conduct on and content submitted to the Fi Offerings and investigate any possible violations of the Agreement or applicable laws or regulations.

Fi reserves the right to: (a) remove or refuse to post any User Content for any or no reason in our sole discretion; (b) take any action with respect to User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Agreement, infringes or otherwise violates any intellectual property, proprietary, privacy, or publicity rights of any person or entity, threatens the personal safety of users of the Fi Offerings or the public, or could create liability for Fi; (c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Fi Offerings; and (e) terminate or suspend your access to all or part of the Fi Offerings for any or no reason, including without limitation, any violation of the Agreement.

Fi is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Fi Offerings, including User Content, in Fi's possession in connection with your use of the Fi Offerings, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce the Agreement, (iii) respond to any claims that User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of Fi, its users or the public, and all enforcement or other government officials, as Fi in its sole discretion believes to be necessary or appropriate.

12. DEALINGS WITH THIRD PARTIES

Content Provided by Other Users. The Fi Offerings may contain User Content provided by other users. Fi is not responsible for and does not control such User Content. Fi has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to any User Content. You use all User Content and interact with other users at your own risk. If there is a dispute between you and any other user of Fi Offerings, we are under no obligation to become involved.

Third Party Payment Services. Fi uses third party providers, including Stripe, PayPal, Apple Pay, for payment services (e.g., card acceptance, merchant settlement, and related services) (each, a “Third Party Payment Provider”). By buying any Fi Offerings through the Site, you (a) agree to be bound by the privacy policy and its terms of service of the Third Party Payment Provider providing the payment services, as indicated at the time you make your purchase (which terms and policy are accessible at the respective Third Party Payment Provider's website) and (b) hereby consent and authorize Fi and the applicable Third Party Payment Provider to share any information and payment instructions you provide to the minimum extent required to complete your transactions.

App Stores. You acknowledge and agree that the availability of the Application and the Fi Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store, the Google Play Store (the “App Store”). You acknowledge that the Agreement is between you and Fi and not with the App Store. Fi, not the App Store, is solely responsible for the Fi Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

Accessing and Downloading the Application from the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

You acknowledge and agree that (i) the Agreement is concluded between you and Fi only, and not Apple, and (ii) Fi, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Fi and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Fi.
You and Fi acknowledge that, as between Fi and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Fi acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Fi and Apple, Fi, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
You and Fi acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Third Party Links, Content, and Materials. There may be links on the Fi Services that let you access a site that is operated by a third party. Fi will not warn you that you have left the Fi Services and that you are then subject to the terms and conditions (including privacy policies) of another site or destination. Fi neither controls nor endorses these sites, nor has, nor will, Fi review, approve, monitor, warrant, or make any representations with respect to the third party sites, the content that appears on them, or any product or service provided in connection with them. You acknowledge that Fi is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or other materials on or available from any such third party sites, or any damage or loss caused or alleged to be caused by or in connection with the access or use of such third party sites. You use all links at your own risk. When you leave the Fi Services, the Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third party sites and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fi and our directors, officers, employees, suppliers, other customers, and agents (collectively, the “Fi Parties”) from and against all claims, damages, losses, and costs (including reasonable attorneys' fees) that arise from or relate to (i) your use of, or inability to use, the Fi Offerings, (ii) User Content, (iii) your violation of the Agreement, (iv) your violation of any rights of another party, including another user of the Fi Offerings, or (v) your violation of any applicable laws, rules, or regulations. Fi reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fi in asserting any available defenses. This provision does not require you to indemnify any of the Fi Parties for any unconscionable commercial practice by such Fi Party or for its fraud, deception, false promise, misrepresentation, or concealment, or suppression or omission of any material fact in connection with the Fi Offerings. You agree that the provisions in this section will survive any termination of your Account, Subscription or Membership, the Agreement and/or your access to the Fi Offerings.

14. DISCLAIMER OF WARRANTIES AND CONDITIONS

Limited and Extended Hardware Warranties. This Section (Disclaimer of Warranties and Conditions) does not affect in any way our Return Policy, our Limited Warranty, or our Extended Hardware Warranty. If for any reason you are not satisfied with a purchase you make on the Fi website, please refer to the terms of our Return Policy or your applicable warranty (the Limited Warranty or for any eligible Fi Product for which you have an active Membership, the Extended Hardware Warranty).

Returns. Please see our and Limited Warranty (or for any eligible Fi Product for which you have an active Membership, our Extended Hardware Warranty) for further information on this subject.

AS IS. EXCEPT AS SET FORTH IN “LIMITED AND EXTENDED WARRANTIES SECTION,” ABOVE AND THE LIMITED AND EXTENDED HARDWARE WARRANTIES, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, FI PROVIDES THE FI OFFERINGS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND YOUR USE OF THE FI OFFERINGS IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY FI WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN OR YOUR APPLICABLE WARRANTY. OTHER THAN AS EXPRESSLY PROVIDED IN WRITING BY FI IN CONNECTION WITH YOUR PURCHASE OF A FI PRODUCT, FI PARTIES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW WITH RESPECT TO THE FI OFFERINGS.

WITHOUT LIMITING THE FOREGOING, FI MAKES NO REPRESENTATIONS OR WARRANTIES THAT (A) USE OF THE FI OFFERINGS ARE OR WILL BE PERMITTED IN YOUR JURISDICTION OR WILL FUNCTION PROPERLY OUTSIDE THE U.S.; (B) THE FI OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FI OFFERINGS, INCLUDING ANY LOCATION DATA OR ANY OTHER DATA MADE AVAILABLE IN CONNECTION THEREWITH, WILL BE ACCURATE, COMPLETE OR RELIABLE.

IN ADDITION, THE LOCATION DATA PROVIDED BY FI OFFERINGS IS PROVIDED FOR BASIC INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE, TIME-DELAYED OR INCOMPLETE LOCATION DATA MAY LEAD TO DEATH, PERSONAL INJURY, OR PROPERTY OR ENVIRONMENTAL DAMAGE.

IN ADDITION, THE RESULTS YOU RECEIVE FROM FI OFFERINGS MAY VARY FROM, BE INTERRUPTED OR LIMITED DUE TO MANY CONDITIONS, INCLUDING BUT NOT LIMITED TO: (A) WIRELESS TRANSMISSION CAPACITY LIMITATIONS AND CELLULAR TELEPHONE NETWORK CAPACITY LIMITATIONS, (B) ATMOSPHERIC, TERRAIN AND GEOGRAPHIC CONDITIONS, (C) OTHER NATURAL OR ARTIFICIAL ENVIRONMENT CONDITIONS BEYOND FI'S CONTROL, AND (D) LIMITATIONS OF THE ELECTRICAL SYSTEM DESIGN AND ARCHITECTURE OF YOUR DEVICE.

PRODUCTS AND PLANS. DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, PLANS, PRICES, AND AVAILABILITY OF ANY PRODUCTS OR PLANS ARE SUBJECT TO CHANGE WITHOUT NOTICE. OUR CURRENT PRICES CAN BE FOUND ON THE SITE. WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF OUR PRODUCTS, INCLUDING THE APPLICABLE COLORS AND SIZES; HOWEVER, THE ACTUAL COLOR AND SIZE YOU SEE WILL DEPEND ON YOUR COMPUTER, AND WE CANNOT GUARANTEE THAT YOUR COMPUTER WILL ACCURATELY DISPLAY SUCH COLORS OR SIZES. THE INCLUSION OF ANY PRODUCTS OR PLANS IN ANY FI OFFERINGS AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS OR PLANS WILL BE AVAILABLE AT ALL TIMES.

15. PROFESSIONAL ADVICE DISCLAIMER

ANY FI OFFERING THAT PROVIDES HEALTH OR FITNESS DATA FOR YOUR DOG IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE IN OR VIA ANY FI OFFERING, INCLUDING INFORMATION SPECIFICALLY FOR YOUR DOG, AS A SUBSTITUTE FOR PROFESSIONAL VETERINARY ADVICE, DIAGNOSIS, OR TREATMENT FOR YOUR DOG. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR DOG'S HEALTH, YOU SHOULD ALWAYS CONSULT A VETERINARY PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL FOR DOGS. THE USE OF INFORMATION PROVIDED THROUGH THE FI SERVICE IS SOLELY AT YOUR OWN RISK. FI OFFERINGS ARE CONTINUALLY UNDER DEVELOPMENT AND FI MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

16. LIMITATION OF LIABILITY

DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FI PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS OR OTHER INTANGIBLE LOSSES OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT FI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE FI OFFERINGS, INCLUDING USE OF THE FI PRODUCTS, FI SERVICES OR ANY OTHER FI OFFERINGS, INCLUDING ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE FI OFFERINGS, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

CAP ON LIABILITY. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FI PARTIES' LIABILITY TO YOU OR ANY OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, INCLUDING USE OF THE FI PRODUCTS, FI SERVICES OR ANY OTHER FI OFFERINGS, OR ANY COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS, WILL NOT EXCEED, IN THE AGGREGATE (FOR ALL CLAIMS), THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO FI OVER THE THREE (3) MONTHS PRECEDING THE DATE YOUR FIRST CLAIM AROSE OR, IF GREATER, TWENTY DOLLARS ($20.00).

EXCLUSION OF DAMAGES; BASIS OF THE BARGAIN. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY ASPECT OF THE LIMITATIONS SET FORTH ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FI AND YOU.

17. COPYRIGHT / DMCA POLICY

Fi respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe or misappropriate any third party copyright or other intellectual property rights.

It is Fi's policy to terminate access to Fi Offerings of any user who repeatedly infringes copyright upon prompt notification to Fi by the copyright owner or the copyright owner's legal agent.

Filing a DMCA Notice to Remove Copyrighted Content - for copyright owners and legal agents. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with a written notice containing the following information:

Your name, address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where on the Fi website the material that you claim is fringing may be found, sufficient for Fi to locate the material (e.g., the URL).
A statement that you have a good faith belief that the use of the copyrighted rk is not authorized by the copyright owner, its agent, or the law.
A statement by you under penalty of perjury that the information in your notice accurate and that you are the copyright owner or authorized to act on the pyright owner's behalf.
Your electronic or physical signature.

You may submit this information, or any counter notice, to Fi's designated Copyright Agent via:

Email, with the subject line “DMCA Notices” to: legal@tryfi.com
Offline: Barking Labs Corp. /419 Lafayette Street /Floor 2 / New York, NY 10003/ Attn: Barking Labs Legal Department

Fi may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

18. ARBITRATION CLAUSE & CLASS ACTION WAIVER

Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires that you and Fi arbitrate disputes against one another.

Dispute Resolution: PLEASE BE AWARE THAT THIS SECTION 18 CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND Fi HAVE AGAINST EACH OTHER WILL BE RESOLVED. AMONG OTHER THINGS, THIS SECTION 18 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND Fi BE RESOLVED BY BINDING AND FINAL ARBITRATION. THIS SECTION 18 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS SECTION 18 CAREFULLY.

Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Fi agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Fi Offerings, any communications you receive, any products sold or distributed through the Fi Offerings, or the Agreement, including claims and disputes that arose between us before the effective date of the Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Fi may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Fi may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of the Agreement.
Informal Dispute Resolution. There may be instances when a Dispute arises between you and Fi. If that occurs, Fi is committed to working with you to reach a reasonable resolution. You and Fi agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome. You and Fi therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing. Notice to Fi that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@tryfi.com or regular mail to our offices located at Barking Labs Corp., 419 Lafayette Street, Floor 2, New York, New York 10003. The Notice must include: (1) your name, telephone number, mailing address, e-mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e-mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party's Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
Waiver of Jury Trial. YOU AND FI HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Fi are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class and Other Non-Individualized Relief. YOU AND FI AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 18(i) (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 18(i) (Batch Arbitration) entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Fi agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in New York County in the State of New York. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Fi from participating in a class-wide settlement of claims.
Rules and Forum. The Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of Notice, you and Fi agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS rules.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e-mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and otherwise agree, or the Batch Arbitration process discussed in subsection 19(i) (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the applicable JAMS rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.
You and Fi agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the JAMS roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then JAMS will appoint the arbitrator in accordance with the applicable JAMS rules, provided that if the Batch Arbitration process under subsection 18(i) (Batch Arbitration) is triggered, JAMS will appoint the arbitrator for each batch.
Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Attorneys' Fees and Costs. The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Fi need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Fi agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Fi by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by Fi.
You and Fi agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Barking Labs Corp., 419 Lafayette Street, Floor 2, New York, New York 10003, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Fi account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Fi as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Fi makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to Fi at: Barking Labs Corp., 419 Lafayette Street, Floor 2, New York, New York 10003, your continued use of the Fi Offerings, including the acceptance of products and services offered on or through the Fi Offerings, following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Fi Offerings, any communications you receive, any products sold or distributed through the Fi Offerings or the Agreement, the provisions of this Arbitration Agreement as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement) remain in full force and effect. Fi will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Agreement.

19. GOVERNING LAW

The Agreement and any dispute or request for relief relating in any way to the Agreement will be governed by the laws of the State of New York, United States of America, without giving effect to any conflicts of law principles that would require the application of the law of any other jurisdiction. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will not apply. Subject to the Arbitration Agreement in Section 18, any other action arising out of or relating to the Agreement or your use of the Fi Offerings must be commenced in the state or federal courts located in New York County, New York, United States of America, and you consent to the jurisdiction of those courts.

20. GENERAL PROVISIONS

Interpretation; Severability; Waiver; Remedies. Headings are for convenience only and will not be used to construe the terms of the Agreement. If any term of the Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from the Agreement. No failure or delay by Fi in exercising any right hereunder will waive any further exercise of that right. Fi's rights and remedies hereunder are cumulative and not exclusive.

Successors; Assignment; No Third Party Beneficiaries. The Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer the Agreement without Fi's prior written consent. Unless explicitly stated otherwise, no third party has any rights hereunder. Fi may assign our rights, obligations and/or the Agreement at any time in our sole discretion without notice to you.

Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from Fi electronically. Fi may communicate by email or by posting to the Fi Offerings. For support-related inquiries, you may email support@tryfi.com. For all other notices to Fi, you must write to the following address:

Barking Labs Corp.
419 Lafayette Street
Floor 2
New York, New York 10003

Nothing in the Agreement or otherwise limits Fi's right to object to subpoenas, claims, or other demands. For contractual purposes, you (a) consent to receive communications from Fi in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Fi provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

Force Majeure. Fi shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, pandemics, epidemics, or governmental orders.

Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Fi Offerings, please contact us at: Barking Labs Corp., 419 Lafayette Street, Floor 2, New York, New York 10003 or by email at support@tryfi.com We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Export Control. By using the Fi Offerings, you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that products, services or technology provided by Fi are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Fi Offerings, either directly or indirectly, to any country in violation of such laws and regulations.

Entire Agreement. The Agreement incorporates the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Fi Offerings from time to time:

If there is a conflict between any policies posted on the Fi Offerings and the terms of the Agreement, the terms of the Agreement will control. The Agreement represents the entire understanding between Fi and you and supersedes all prior agreements and understandings regarding the same.

SUBSCRIPTION AND MEMBERSHIP TERMS AND CONDITIONS

By purchasing a Subscription or Membership, you agree to the following terms and conditions (the “Subscription and Membership Terms”), which supplement and form a part of the Terms of Service Agreement. Capitalized terms used but not defined in these Subscription and Membership Terms have the meanings given to them in the Terms of Service Agreement.

WHEN YOU SUBSCRIBE TO A FI SERVICE AS PART OF A MEMBERSHIP OR OTHERWISE, YOU DO SO FOR THE DURATION OF THE COMMITMENT PERIOD SPECIFIED IN THE PLAN YOU PURCHASED. AT THE EXPIRATION OF THE COMMITMENT PERIOD (AND EACH SUCCESSIVE COMMITMENT PERIOD), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A PERIOD OF TIME EQUAL TO THE PRIOR COMMITMENT PERIOD AT FI'S THEN-CURRENT SUBSCRIPTION PRICE UNLESS YOU (A) OPT OUT OF THE AUTO-RENEWAL, (B) CANCEL OR DECLINE TO RENEW YOUR SUBSCRIPTION OR MEMBERSHIP IN ACCORDANCE WITH SECTION 2 BELOW, OR (C) CHANGE THE DURATION OF THE COMMITMENT PERIOD PRIOR TO THE EXPIRATION OF SUCH PERIOD.

1. COVERAGE

Subscriptions and Membership. By purchasing a Subscription, whether alone or as part of a Membership, you will have access to Fi's personalized behavioral data and reports and remote tracking capabilities, to which your Subscription is entitled for as long as the Subscription remains active. To the extent you purchase a Membership for an eligible device, you also are entitled to the benefits described in the Membership plan, including our Extended Hardware Warranty, for that device for so long as your Membership remains active.

2. TRIAL AND COMMITMENT PERIODS; AUTO-RENEWAL

Trial Periods. We offer a thirty (30) day trial period (“Trial Period”) for certain of our Fi Offerings. Your thirty (30) trial period generally commences on the date you activate the Fi Product and allows you to cancel your Subscription or Membership if you are dissatisfied with the Fi Offering. In some cases, your 30-day trial period is provided at no cost to you, and other times, you may be billed for the time you used the Fi Offering. To learn more about our Trial Periods, please visit What is the Fi Trial Period?

Commitment Period. When you first sign up for a Subscription or Membership, you must agree to a specific price and plan. The Commitment Period commences (i) the date you activate the Fi Product with which your Fi Service is associated or (ii) if you do not activate the Fi Product with which your Fi Service is associated by the 7th day after the date you purchased it, then the date that is 7 days after the date you purchased the Fi Product. The price available with your plan is valid until the Commitment Period expires, at which time your Subscription or Membership, as applicable, will, subject to the terms of the following paragraph (Auto-Renewal for Subscriptions and Memberships) automatically continue for a subsequent Commitment Period of the same length of the immediately preceding Commitment Period at the then-current non-promotional price for your Subscription or Membership.

Auto-Renewal for Subscriptions and Memberships. YOU AGREE THAT, UNLESS YOU OPT OUT OF AUTO-RENEWAL, AT THE EXPIRATION OF THE COMMITMENT PERIOD (AND EACH SUCCESSIVE COMMITMENT PERIOD), YOUR SUBSCRIPTION OR MEMBERSHIP, AS APPLICABLE, WILL BE AUTOMATICALLY RENEWED FOR A PERIOD OF TIME EQUAL TO THE PRIOR COMMITMENT PERIOD AT FI'S THEN-CURRENT SUBSCRIPTION OR MEMBERSHIP PRICE. If you do not wish for your Subscription or Membership to renew automatically, or if you wish to change or terminate your Subscription or Membership, please submit a request to support@tryfi.com. If you terminate your Subscription or Membership during the Commitment Period or any then-current term, you may use your Subscription or Membership until the end of the Commitment Period or then-current term and your Subscription or Membership will not be renewed after the Commitment Period or then-current term expires. You will not be eligible for a prorated refund of any portion of the Subscription or Membership fee paid for the Commitment Period or then-current term, and you will remain responsible for all outstanding Subscription or Membership fees (if any) for the remainder of the Commitment Period or then-current term. Prepaid amounts will not be refunded, except as otherwise described herein or in the Return Policy.

By purchasing a Subscription or Membership, you authorize Fi to charge your payment provider now and on a monthly basis, in advance, for your Subscription or Membership. If the amount to be charged varies from the amount you preauthorized (other than due to the imposition or change in Sales Tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Upon renewal of your Subscription or Membership, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that we may either terminate or suspend your Subscription or Membership, as applicable, and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, any new commitment period will begin as of the day payment was received).

Your failure to terminate and/or continued use of your Subscription or Membership reaffirms that we are authorized to charge you for that Subscription or Membership. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.

Termination/Return within the Refund Period. Notwithstanding anything herein to the contrary, if you terminate and return Fi Offerings in accordance with our Return Policy then any associated Subscription or Membership fees will be fully refunded to you.

Free Trials and Other Offers. Fi may offer additional promotions or discounts related to Subscriptions or Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the sign-up process will form part of the Agreement. Unless specified in writing, all discount offers that require a payment are non-refundable, and any free months offered are included in the Commitment Period (for illustrative purposes, for a one-year Commitment Period with one free month you will pay for eleven months of the Fi Service in advance). Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; if you do not cancel before your free trial period ends, your account will be converted to a paid Subscription or Membership and will be charged in accordance with these Subscription and Membership Terms.