Terms of Service
Effective date: May 26, 2020
These Terms of Service (“Terms”) govern your use of the child email/text/online activity monitoring service (the “Service”) made available by Bark Technologies, Inc. (“Bark”). To agree to these Terms, click “I Agree” where indicated in the registration process for the Service.
Introduction. The Service is a tool operated by Bark which provides the subscribing parent (“you”) with email and/or text alerts when potential online dangers (such as cyberbullying) or potential signs of trouble (such as depression) are identified in email or text messages and/or interactions with designated social media sites or websites involving your registered child or children (each, a “Covered Account”). The Service includes automated review by our proprietary technologies of communications involving the Covered Accounts. The Service currently supports English language interactions only; additional language interactions may become available in the future.
Subscription, Cancellation and Refund Policy. The Service is offered on a subscription basis only. You may choose a monthly subscription or a yearly subscription. If you choose the monthly subscription, a monthly subscription fee is charged each month to a credit card or payment account registered with Bark. If you choose the yearly subscription, a yearly subscription fee is charged each year to a credit card or payment account registered with Bark. The current monthly or yearly fees and more details about the Service is listed here. Subscriptions are either month-to-month (for the monthly subscription) and automatically renew at the end of each month for the next succeeding month, or year-to-year (for the yearly subscription) and automatically renew at the end of each year for the next succeeding year, unless you cancel the subscription. To cancel your subscription at any time, please navigate to the “Account” page on our Site. Upon cancellation, the Service will terminate at the end of the current billing cycle and Bark will cease any further review of the Covered Account(s). No refunds are provided.
(a) General. You must be 18 years of age or older in order to subscribe to the Service. Registration requires you to provide Bark with your name, address, telephone number, email address and payment information, and to set up your account using a user name and password that you select. You represent and warrant that all information you provide is accurate and up to date and will be kept up to date.
(b) Parent or Legal Guardian. You may register only your own child or children to be monitored under your subscription to the Service. You hereby represent and warrant that you are the parent or legal guardian of the child specified for any Covered Account to be monitored by the Service. If your child is 18 or older and you are not the child’s legal guardian by reason of disability, you must obtain your child’s consent to Bark’s collection, monitoring and review of any information obtained in connection with the child’s Covered Account, including all communications to and from such Covered Account. You acknowledge and agree that your indemnity obligations under Section 11 hereof will apply to your use of the Services to monitor information in violation of this Section 3.b.
(c) Covered Accounts. Upon registration, you must (1) identify all Covered Accounts to be monitored by the Service and (2) provide some location information. You must also provide the name of the third-party service (such as Gmail, Facebook or Twitter) and the user name and password of the user for each Covered Account to be connected to the Service. The Covered Account user’s log-in information is not stored by Bark but is used to establish our access to the online interactions in the Covered Account. For each Covered Account, you expressly authorize Bark to access, monitor, review, and store all online interactions and other communications to and from the Covered Account.
(d) Minimum Age Requirements of Third-Party Platforms. You expressly acknowledge that most third-party platforms are restricted to individuals who are 13 or older, and that, as between you and Bark, compliance with any such age requirement is your sole responsibility.
Collection of Children’s Information.
(a) Information. During your registration for the Service, Bark will collect the name and date of birth of the child associated with each Covered Account associated with your account. In connection with providing the Service to you thereafter, Bark will access and monitor communications to and from each Covered Account, which you understand and agree may include communications by or from other children. Bark also collects certain location information regarding the child associated with each Covered Account (including school name and general location).
(b) Consent. You expressly consent to Bark’s collection, monitoring and review of any information obtained in connection with a Covered Account, including all communications to and from such Covered Account. In furtherance of the foregoing, for any information received by Bark through your account from children under the age of 13, you must provide a credit card, debit card, or other online payment system to Bark that provides notification of each discrete transaction to the primary account holder, as well as an email address or telephone number to be used to contact you.
(c) Child Privacy. Questions about Bark’s policies or use of information from children under the age of 13 can be directed to Bark Technologies Inc., P.O. Box 1841, Richmond Hill, GA 31324 or at firstname.lastname@example.org. You may terminate Bark’s access, monitoring, collection and/or review of any Covered Account by terminating your subscription by navigating to the “Account” page on our Site. The Site and Services do not offer any in application purchases to children under the age of 13.
Payment. At the time of registration, you authorize Bark to charge your credit card or other payment mechanism the amount of the subscription fee on a monthly basis (or annual basis, as determined by the payment plan you selected) until the subscription is cancelled.
Health, Welfare, and Safety Reporting. We provide alerts to you regarding your child's online activities. If you suspect or determine a threat to the health, welfare, or safety of any individual or entity, you should contact law enforcement or other governmental agencies to make a report. If we identify information that in our sole discretion indicates health, welfare, or safety concerns for an individual or entity, we have the right, but not the obligation, to make reports to law enforcement or other appropriate governmental agencies and you consent to our authority to do so. The foregoing consent is a condition to your use of the Services.
Alerts. Bark will endeavor to send alerts by email to your designated email address(es), or by text to your mobile device (if requested). You are required to maintain updated email or text contact information and bear all risks associated with providing Bark with inoperable or incorrect contact information.
Disclaimers. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(a) THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, (ii) ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND (iii) ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
(b) BARK DOES NOT WARRANT THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
(c) BARK MAKES NO WARRANTY THAT THE SERVICE WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS; OR THAT USE OF THE SERVICE WILL PROTECT ANY CHILDREN FROM HARM;
(d) ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICE IS DELIVERED TO YOU FOR YOUR USE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM BARK’S PROVISION OF OR FAILURE TO PROVIDE ANY SUCH INFORMATION;
(e) NO ADVICE, RESULTS OR INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN;
(f) BARK DOES NOT PROVIDE LEGAL OR MEDICAL ADVICE AS PART OF THE SERVICE; AND
(g) IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Changes to these Terms. Bark may modify these Terms from time to time. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to use of the Services. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms, we will post the revised Terms and the revised effective date on this Site, and may notify you of such changes by displaying a notice (or link thereto) on the Site or otherwise. By using the Service following any modifications to these Terms, you agree to be bound by such modifications.
(a) Bark (or our licensor) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing in connection with the Service, and is the copyright owner or licensee of all content and/or information provided to you through the Service, unless otherwise indicated. Except as otherwise provided herein, use of the Service does not grant you a license to any content, features or materials you may access through the Service and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Service is strictly prohibited, except as allowed herein or otherwise approved by us.
(b) If you make use of the Service other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Service.
(c) The information on the Service, including, without limitation, all text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
(d) Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Bark or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
(e) The Bark logos and service names are trademarks of Bark (the “Bark Marks”). Without our prior permission, you agree not to display or use Bark Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Bark Mark without our prior written consent.
Indemnity. You agree to defend, indemnify and hold Bark, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Service, your violation of the Terms or the posting or transmission of any materials on or through the Service by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. For purposes of this Agreement, the term “Service Partners” refers collectively to Bark’s affiliates, resellers, referral partners, content providers and service providers who provide services to Bark in connection with its marketing, sale or provision of the Services.
Limitations of Liability. IN NO EVENT SHALL BARK, ITS SERVICE PROVIDERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR (a) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, OR ANY OF THE CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF BARK OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) AGGREGATE DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SERVICE EXCEED, THE AMOUNT OF THE SUBSCRIPTION FEES PAID BY YOU TO BARK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Compliance with Law. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Service. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Applicable Law/Jurisdiction. You agree that the laws of the state of Georgia, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Service or the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with Bark or relating in any way to your use of the Service resides in the state and federal courts of Fulton County, Georgia, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Fulton County, Georgia.
15. Class Arbitration. Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including the breach, termination or validity thereof, shall be finally resolved by arbitration. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
(a) The Terms constitute the entire agreement between you and Bark and govern your use of the Service (as the case may be), superseding any prior agreements between you and Bark. You also may be subject to additional terms and conditions that are applicable to certain parts of the Service.
(b) You agree that no joint venture, partnership, employment, or agency relationship exists between Bark and you as a result of this Agreement or your use of the Service.
(c) Any claim or cause of action you may have with respect to Bark must be commenced within one (1) year after the claim or cause of action arose.
(d) The failure of Bark to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
(e) You may not assign the Terms or any of your rights or obligations under the Terms without Bark’s express written consent.
(f) The Terms inure to the benefit of Bark’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
(g) Except for the provisions benefiting Bark’s Service Partners in Sections 11 and 12 hereof, which provisions shall be directly enforceable by Bark Service Partners, or as otherwise specifically set forth herein, the provisions of this Agreement do not confer any rights or remedies upon any person or entity other than you and Bark and our respective successors and permitted assigns.
Notices / Contacting Us. Bark may notify you via either email or regular mail. Any inquiries you may have concerning these Terms, or to provide any notice to Bark hereunder, should be directed to: Bark Technologies Inc., P.O. Box 1841, Richmond Hill, GA 31324, with a copy to email@example.com.
© Copyright 2020 by Bark Technologies, Inc. All rights reserved.
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