Bark Jr and Bark In-Home and Bark Home Terms of Service

Last Updated: September 07, 2021

These Terms of Service (these “Terms”) describe the terms on which Bark Technologies, Inc. (“we”, “us”, “our”, “Bark”) provides the Bark Jr Services, the Bark Jr Software, the Bark Content, and the API (collectively, “the Service”), and govern the purchase and use of the Bark Devices (as such terms are defined herein).

You (“Manager”, “you”, “your”) acknowledge, understand and agree that:

  1. you are subscribing to the Service, agreeing to the Terms and giving the undertakings and consents contained herein on behalf of the Managed User, as subscriber, whose User Device(s) will be monitored and managed so as to control the internet activity of such Managed User and/or the downloading of content to Managed User’s User Devices;
  2. you shall, in your personal capacity, be bound by all of the provisions contained in these Terms; and
  3. in respect of each Managed User who subscribes for the Service, an independent and separate contract on these Terms will arise between such Managed User, you and Bark, however a single subscription fee shall be charged in respect of all Managed Users having the same Manager.

Your and the Managed User’s rights to use the Bark Jr Services, the Bark Jr Software, the Bark Content, the API, the Bark Apps and the Bark Devices (collectively, the “Products”) and Support Services are governed by these Terms and the Privacy Policy. Should the Manager and/or the Managed User reside in a country other than the United States, the associated “State-Specific Provisions” set out in Section 18 of the Bark Terms of Service shall apply to you and the Managed User, which may amend or replace certain of the provisions contained in these Terms, and shall be deemed to form part of these Terms.

ANY USE, INSTALLATION, DOWNLOAD, OR INTEGRATION OF THE PRODUCTS CONSTITUTES YOUR AND THE MANAGED USER’S ACCEPTANCE OF THESE TERMS.

  1.  For purposes of these Terms, the following expressions shall be defined as set forth below:

    1. “Account Data” means electronic data and information submitted by or for Manager and/or Managed User to the Bark Jr Services or collected and processed by Bark for Manager and Managed User as a result of Manager’s and Managed User’s use of the Bark Jr Services, excluding Usage Data. Account Data may include Personal Data.
    2. “Administrative User” means a Managed User or other third party who has been given permission by the Manager to access and administer the Covered Account(s).
    3. “API” or “APIs” mean the Application Protocol Interface(s) installed on any Bark Devices, User Device, or within any form of the Bark Jr Software, in its current or in its future form, that allows the Bark Devices, User device(s), or Bark servers to communicate with, post information to, and display information from one another.
    4. “Bark” means Bark Technologies, Inc., a Delaware corporation.
    5. “Bark Apps” means the application(s) that allow you to configure your Bark Devices, create user profiles, monitor network activity, interact with Bark Devices and User Devices, enable the functionality of the Bark Jr Services on a User Device without connecting to a Bark Device, and otherwise utilize the Bark Jr Services, and includes, without limitation, all future applications and future forms of the current application(s) created by Bark for any of the foregoing purposes.
    6. “Bark Content” means the content of the Bark Jr Services, including, without limitation, designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, Usage Data (as defined below) and any other Bark content.
    7. “Bark Devices” means the internet gateway product(s) sold by Bark, its affiliates or business partners for or on behalf of Bark, or their successors, with which the Bark Jr Software was designed to be used or which integrates the Bark Jr Software (including without limitation Bark firmware and/or embedded software agents), currently known as “Bark Home”, and including those products developed in the future, and products developed by third-party manufacturers for or on behalf of Bark that incorporate Bark’s technology and Bark Jr Software. For purposes of these Terms, "Bark Devices" shall have the same meaning in singular as in plural.
    8. “Bark Marks” means the trademarks, service marks, trade names, logos, and other marks associated with Bark, including, without limitation, “Bark”, “Bark Jr”, “Bark Home”, the Bark logo, and other Bark logos and product and service names.
    9. “Bark Jr Services” means the features and functionality provided by Bark accessible by Managers through a browser interface, via a downloadable application (including a Bark App), via a Bark Device or User Device, or through an API that provides Managers with a means of monitoring and controlling the internet activity of Managed Users and/or downloading content to Managed Users’ devices or computers.
    10. “Bark Jr Software” means the software through which the Bark Jr Services are delivered including, without limitation, the software installed on a Bark Device or User Device, any services or administration interface, any application, firmware, or binary code, in each case in its current or in its future form (including without limitation a Bark App), which enable Manager to interact with the API from an application dashboard, whether web-based or reduced to an application on a mobile device, or allow Bark to collect and/or analyze Account Data, in each case in connection with Manager’s and Managed User’s use of the Products.
    11. “Covered Account” shall mean a unique collection of data containing the details of the account—such as Manager’s name, email, phone number, passwords, configurations, histories, and other unique data utilized by any instance of the Bark Jr Software, including, without limitation to access and use the Products.
    12. “Dependent” means the Manager’s minor child or legal dependent, being a minor child or disabled adult placed under the Manager’s protection, as legal guardian, by a court or appropriate government authority.
    13. “Feedback” means feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Products provided by Manager or any Managed User.
    14. “Manager” means you, the individual accepting these Terms in your personal capacity as well as on behalf of each Managed User, who authorizes you to manage and control the Covered Account(s).
    15. “Managed User” means, as more fully described in clause 2.3, a Dependent, family member or other person whose User Device(s) are monitored and/or managed through Manager’s and/or Managed User’s use of the Products.
    16. “Personal Data” means any information that can be used to identify Manager, Managed User or another individual and may include name, address, email address, phone number, login information (account number and password), or payment card number.
    17. “Privacy Policy” means Bark’s privacy policy applicable to the Products, located at: https://www.bark.us/privacy or such other URL as may be provided by Bark from time to time.
    18. “Products” as defined in first paragraph of these Terms.
    19. “Service Provider” means a third-party that is authorized by Bark to resell and distribute the Products on a stand-alone basis or integrated into a third-party device.
    20. “Submissions” means user behavior data, which may include, but is not limited to: Manager and/or Managed User profile information; search strings and other content created and accessed using the Bark Jr Services; information about the type of device accessing the Bark Jr Services; Feedback, recommendations, feature requests, bug reports, and other communications.
    21. “Support Services” means services provided by Bark to support Manager’s and Managed User’s use of the Bark Jr Services, the Bark Jr Software, Bark Content, the API, the Bark Apps, and/or the Bark Devices.
    22. “Third Party Hardware” means all routers, devices and other hardware products manufactured and sold by a party other than Bark, which may or may not incorporate Bark technology or Bark Jr Software.
    23. “Updates” means updates, upgrades, bug fixes, patches and other error corrections, modifications, deletions, and/or new features, functionality, tools or content.
    24. “Usage Data” means all information and data that the Bark Jr. Service generates in connection with Manager’s and Managed User’s use thereof, including but not limited to, network policy, log and configuration information; threat intelligence data, URLs, metadata or net flow data; use statistics and information gathered via platform interfaces such as any Bark App, API calls and processes and Submissions.
    25. “User Device” means internet-enabled devices that are not provided by Bark or its affiliates or business partners, such as mobile phones, tablets, computers, routers, firewalls and other products and associated software with which the Products were designed to be used, including any such Product developed in the future.
    1.  When Manager creates a Covered Account on behalf of the Managed User, Manager will be asked to create a username and password, which Manager will be solely responsible for safeguarding. Manager shall select a username that will not allow the identity of such Manager or any Managed User to be determined independently by any third party. Manager is encouraged to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with the Covered Account. Manager is also responsible for keeping Manager’s contact information accurate and up to date. Manager is solely responsible for any activity or actions on or through the Covered Account, resulting from the use of Manager’s log-in credentials on the Bark Jr Services, whether or not Manager has authorized such activities or actions. Manager represents and warrants that the information Manager provided and provides to Bark upon registration of the Bark Device, creation of a Covered Account via the Bark Jr Software or Bark Apps, and at all other times will be true, accurate, current, and complete and Manager agrees to update such information as necessary to ensure that it remains complete, accurate and up-to-date. Manager agrees to notify Bark immediately of any breach in secrecy of Manager’s log-in information and of any unauthorized use of Manager’s Covered Account(s). If Manager has any reason to believe that Manager’s Covered Account information has been compromised or that Manager’s Covered Account(s) has been accessed by a third party, Manager agrees to immediately notify Bark by e-mail to help@bark.us. Bark cannot and will not be liable for any loss or damage arising from Manager’s failure to comply with the above requirements, and Manager will be solely responsible for the losses incurred by Bark and others due to any unauthorized use of Manager’s Covered Account(s).
    2.  The Bark Jr Services are designed to be administered by adults on behalf of their Dependents and other members of their family or community. To the extent that the Manager is a parent in a household having two parents, both parents must share credentials to allow both parents to act as administrators for their household. Parents and legal guardians of Dependents, please be advised that we do not recommend that children under the age of 18 be given administrative access to the Bark Jr Services, with or without supervision. Managed Users are not given administrative access unless the Manager specifically grants such permissions to a specific Administrative User account. Each Manager and/or Administrative User who signs on as an administrator, represents and affirms that such Manager and/or Administrative User is the age of 18 or older, or that the Manager has given them permission, in writing, that they can act as an administrator. The Manager whose Dependent is acting as an administrator, represents and affirms that such Manager duly appointed such Dependent as an administrator and agreed in writing that such Dependent could act as an administrator for such Manager on behalf of the Covered Account(s).
    3. . The Manager, hereby represents that:

      1. where the Managed User is a Dependent, Manager acts for and on behalf of such Managed User in consenting to and granting the right for Bark to access, use and disclose such Managed User’s Personal Data as necessary for Bark to provide the Bark Jr Services; and
      2. where the Managed User is an adult, Manager has all necessary authority and/or has obtained all necessary consents from such Managed User to enable Bark to access, use and disclose each such Managed User’s Personal Data as necessary for Bark to provide the Bark Jr Services. Bark retains the right, but not the obligation, to confirm the consent of any such Managed User. In the event such a Managed User does not confirm his/her consent, Bark may remove the Managed User from the Manager’s Covered Accounts.
    4. User Conduct Guidelines. Any time Manager or any Administrative User accesses or uses the Products, Manager and Administrative Users are required to comply with Bark’s user conduct guidelines, as follows:

      1. Manager agrees that Manager and Administrative Users will access and use the Products for Manager’s personal, family, community, or internal business use only, and not on behalf of any third party.
      2. Manager and Administrative Users are not authorized to access or use the Products:

        1. to impersonate any person or entity, or falsify or otherwise misrepresent Manager’s or Administrative User’s identity, credentials, affiliations or intentions;
        2. to collect, store, or use any information from or about a Managed User without such Managed User’s authorization and consent;
        3. to “stalk” or harass a Managed User;
        4. if Manager or Administrative User is not able to form legally binding contracts (for example, if Manager or Administrative User is under 18, and does not have the consent of his/her parent or legal guardian);
        5. if Manager or Administrative User is a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or
        6. for any other purposes that are not expressly permitted by these Terms.
      1. You and Managed User, acknowledge that Bark has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Bark Jr Services by any user if Bark believes in good faith that it is reasonably necessary (i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body), (ii) to respond to claims asserted against Bark, (iii) to enforce and to ensure a user’s compliance with these Terms, including the investigation of potential violations, (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues, (v) to protect the rights, property or safety of Bark, its other users or members of the public, and (vi) for the purpose of operating and improving the Bark Jr Services and Bark Devices (including for support purposes). Bark reserves the right, but assumes no obligation, to investigate and take appropriate action in response to reports of misconduct. Regardless of its action or inaction, in no event will Bark be liable for the acts or omissions of any Manager, Administrative User, Managed User or any third party.
      2.  Manager agrees to cooperate with and assist Bark or its representative in good faith in any such investigations, including by providing us with such information as Bark may reasonably request.
      3.  If Manager is a California resident, Manager 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 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
    5.  Bark may, in its discretion, without liability to Manager or Managed User and without limiting Bark’s other remedies, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel the Covered Account(s) and take technical and legal steps to prevent Manager and Managed User from using the Bark Jr Services at any time if Bark reasonably believes that Manager and/or Managed User has breached these Terms. If Bark has suspended the Covered Account(s) due to Manager’s and/or Managed User’s actual or suspected breach of these Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to Bark’s reasonable satisfaction. If a Covered Account is deactivated or cancelled, Bark will have the right, but not the obligation, to delete Manager’s and Managed User’s information.
    1.  Subject to the terms and conditions of these Terms, Bark hereby grants to Manager and Managed User a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license only (i) to install, administer, and operate the Bark Device as part of a home network or any other compatible network over which Manager has administrative authority; (ii) to install and integrate the Bark Jr Software in conjunction with Manager’s and Managed User’s network, User Device(s), and other devices designed to access the Bark Jr Services and/or the Covered Account(s); (iii) to use the Bark Jr Software in complete, unmodified form on any such home network, computer, mobile device, User Device, Bark Device, or other device designed to interact with the Bark Jr Services; (iv) to access the Bark Jr Services and use the features and functionality provided by Bark via the Bark Jr Services; and (v) to access and use Bark Content solely for the personal, non-commercial use by Manager, and Managed Users. Any other use is expressly prohibited. Unauthorized use of Bark Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited.
    2. Restrictions on Use. Manager and Managed User shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code, libraries for or structure of, or decrypt the Bark Jr Software, Bark Content, API, or the Bark Jr Services, even for research purposes; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from any Product(s); (iii) use the Product(s) in a manner that derives revenue directly from such use, or use the Product(s) for any other purpose for which it is not designed or intended; (iv) install, use or permit the Bark Content, API, or Bark Jr Software to exist on any device or computer not allowed hereunder, or access Bark Content or the Bark Jr Services in a manner not permitted or authorized hereunder; (v) distribute the Bark Jr Software, API, or passwords to access Bark Content or the Bark Jr Services to unauthorized devices or users; (vi) use Bark Content, API, Bark Jr Software or the Bark Jr Services for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Bark, or use, display, mirror or frame the Bark Jr Services, or any feature, functionality, tool or content of the Bark Jr Services, Bark’s name, any Bark trademark, logo or other proprietary information, without Bark’s express written consent; (vii) use any Product(s) to send automated queries to any website or to send any unsolicited commercial e-mail; (viii) use any proprietary information or interfaces of Bark or other intellectual property of Bark in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Bark Jr Software or Bark Devices or that uses Bark Content; (ix) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent, disable or tamper with any security-related components or other protective measures applicable to any Product(s), Bark’s computer systems, or any technological measure implemented by Bark or any of Bark’s providers or any other third party to protect the Products or the Covered Account status, including by attempting to access or use the Bark Jr Services if the Covered Account has been suspended or cancelled or Manager or Managed User has otherwise been temporarily or permanently prohibited or blocked from using the Bark Jr Services; (x) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate Bark Content, API, Bark Jr Software, or Bark Jr. Services; (xi) probe, scan, or test the vulnerability of any system or network of Bark or its providers, or breach or circumvent any security or authentication measures of such system or network; (xii) interfere with, disrupt, damage or compromise the Bark Jr Services or Bark’s systems or the access of any user, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Bark Jr Services or otherwise imposing an unreasonable or disproportionately large load on the Bark Jr Services; (xiii) access, copy, distribute, share, publish, use or store any Bark Content, including any information from or about any Managed User, for purposes that are inconsistent with the Privacy Policy or these Terms, or otherwise violate the privacy rights or any other rights of Managed Users or any other third party, including by disclosing, selling, renting, distributing or exposing any Bark Content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Bark Jr Services; (xiv) query the API in a manner which causes damage or disruption to Bark’s servers or cloud services, or interferes with the operation of the API or Services for other users; (xv) attempt to utilize the API as a vector for scripts, worms, malware, or other intrusions into Bark’s networks, servers, or cloud services for any reason; (xvi) use any Product(s) for the purpose of directly competing with Bark; (xvii) use any Product(s) or other material in violation of any applicable law or regulation, including but not limited to any regulatory agency, such as FCC, rules or use or allow use of Bark Content, the Bark Jr Services, API, or Bark Jr Software for any non-permitted activities or purposes; or (xviii) attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing. These obligations survive termination of these Terms.
    3.  Manager and Managed User may not modify the Bark Devices, Bark Jr Software, Bark Content, or the Bark Jr Services for use in any way other than as described in Section 3.1. Any such modification will void any warranties, whether express or implied, on the Bark Devices and the Bark Jr Software, and subject Manager and Managed User to immediate termination of the Bark Jr Services. Further, any tampering with, destruction of, or other alteration of a Bark Device will void any warranties, express or implied, on the Bark Device. If and to the extent that the Bark Jr Software is designed to be compliant with any published communications standard (including, without limitation, Bluetooth SIG, IEEE, and ITU standards), Manager and Managed User may not make any modifications to the Bark Jr Software that would cause the Bark Jr Software or the accompanying Bark Device to be incompatible with such standard.
    4.  Manager and Managed User shall not distribute or provide access to any of the Products, nor hold itself out as a distributor, author, or creator of any of the Products, nor lead others to believe through implicit or explicit means that it has the right to sublicense or otherwise distribute or provide access to any of the Products. Manager and Managed User may not loan, lease, rent, distribute, resell, or otherwise distribute or provide access to the Products other than as provided by the terms of these Terms without the express written consent of Bark.
    1.  Bark shall retain all right, title and interest, including all intellectual property rights, in and to (i) the design and technical specifications of the Bark Devices; (ii) all current or future Bark applications, including the Bark Apps; (iii) the Bark Jr Software; (iv) the Bark Jr Services; and (v) the Bark Content. Furthermore, Manager and Managed User acknowledge and agree that the source code and object code of the Bark Jr Software and the format, directories, queries, algorithms, structure and organization of the Bark Jr Software are the intellectual property and proprietary and confidential information of Bark and/or its collaborators, licensors and suppliers. Manager and Managed User hereby acknowledge and agree that they have no rights in or to any Product(s) apart from those granted in these Terms. Manager and Managed User hereby covenant that they will not assert any claim that any Product(s) provided by Bark hereunder and used or accessed by Manager or Managed User from time to time, regardless of whether created by or for Bark, including any derivative works thereof, infringes any intellectual property right owned or controlled by Manager or Managed User. Manager and Managed User acknowledge and agree that the Bark Jr Software, API, and all Bark Content and the compilation (meaning the collection, arrangement, and assembly) of all Bark Content are the property of Bark or its licensors and are protected under copyright, trademark, and other laws.
    2.  Apart from the license rights expressly set forth in these Terms, Bark does not grant, and Manager and Managed User do not receive, any ownership right, title or interest nor any security interest or other interest in or to any intellectual property rights relating to the Bark Devices, the Bark Jr Services, Bark Content, API, and/or the Bark Jr Software, nor in or to any copy of any part of the foregoing. Manager and Managed User shall not have any right to grant a security interest in or to the Bark Jr Services, Bark Content, API, and/or the Bark Jr Software, or to any intellectual property relating to the foregoing or to the Bark Device.
    3.  Manager and Managed User shall not remove, efface or obscure any copyright or trademark notices from the Bark Content, Bark Jr Software or the Bark Jr Services or from any copies thereof. Manager and Managed User acknowledge that any symbols, trademarks, tradenames, and service marks adopted by Bark to identify any Product belong to Bark and that Manager and Managed User shall have no rights therein.
    4.  The Bark Jr Services may contain content from Bark’s partners and licensors. Except as provided within these Terms, Manager and Managed User may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make derivative works based on, or sell any content appearing on or through the Bark Jr Services. Manager and Managed User understand and agree that Manager will not obtain, as a result of its use of the Bark Jr Services, any right, title, or interest in or to the Bark Content, or any third party delivered via the Bark Jr Services or in any intellectual property rights therein (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights).
    5. . Manager and Managed User acknowledge and agree that the Bark Marks are trademarks of Bark. Without Bark’s prior written permission, and except as solely enabled by any link as provided by Bark, Manager and Managed User agree not to display or use in any manner the Bark Marks.
    6.  Manager and Managed User, acknowledge and agree that all Feedback will be the sole and exclusive property of Bark. Without limiting the foregoing, Manager and Managed User acknowledge that Feedback may be disseminated or used by Bark or its affiliates for any purpose whatsoever, including developing, improving and marketing products. Manager and Managed User, hereby irrevocably transfer and assign to Bark all of their respective rights, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waives any moral rights Manager and Managed User may have in such Feedback.
    7.  Use of the Bark Jr Services, and features and applications within the Bark Jr Services, creates a record of Submissions and Usage Data. Subject to the terms outlined in the Privacy Policy, Bark requires this Usage Data to: enable the provision of the Bark Jr Services; test, improve, and refine the capabilities of the Bark Jr Software; provide summary statistics on application and feature use, "up times," software response times, and other measures of application usage and performance; and for purposes with similar objectives of application improvement, improved feature development, and user behavior studies and reports. By using the Bark Jr Services, Manager and Managed User, agree to and hereby do assign, transfer, grant, and convey all rights, title, and interest in and to the Usage Data to Bark. To the extent that such an assignment is deemed to be invalid, Manager and Managed User agree to and hereby do grant to Bark a world-wide, perpetual, irrevocable, non-exclusive, sub-licensable, royalty-free, transferable license to use the Usage Data for the above-described purposes.
    8.   Bark claims no ownership over the Account Data of the Manager and Managed User. Manager and Managed User respectively grant Bark a world-wide, perpetual, irrevocable, non-exclusive, sub-licensable, royalty-free, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use, modify, and exploit their Account Data for the purposes of providing the Bark Jr Services. As between Bark and Manager or Managed User, as the case may be, Manager and Managed User retain all copyright and trademark rights to any of such Account Data.
    1.  Bark processes and uses the Account Data of the Manager and Managed User to deliver, analyze, support and improve the Products and as otherwise permitted in these Terms and the Privacy Policy. Bark will maintain appropriate administrative, physical and technical safeguards, which are designed to protect the security, confidentiality and integrity of Personal Data processed by Bark. Manager and Managed User agree that Bark may share their Account Data with third party service providers consistent with the Privacy Policy in order to assist in providing and improving the Products, provided that such third-party service providers agree to provide no less than the same level of data protection and information security required of Bark hereunder.
    2.  The provisions of clause 18.1 (SA Terms) of the Bark Terms of Service are hereby incorporated by reference and apply to these terms with the necessary amendments (mutatis mutandis) .
    3.  Manager and Managed User agree that Bark may process and store their Account Data outside of the country where it was collected, provided that, with respect to Bark’s transfer of Account Data that constitutes Personal Data, Bark shall ensure that, notwithstanding any cross-border transfer of data, it shall always remain compliant with its obligations under clause 5.1.
    4. By using the Bark Jr Services or providing Personal Data to Bark, Manager and Managed User agree that Bark may communicate with Manager electronically regarding security, privacy, and administrative issues relating to Manager’s and Managed User’s use of the Bark Jr Services, as well as for product releases, product updates, marketing events, and third-party products or services Bark would like to communicate with Manager about. If Bark learns of a security breach, Bark may attempt to notify Manager electronically by posting a notice on the Bark Jr Services or sending an email to Manager. Manager may have a legal right to receive this notice in writing. To receive written notice of a security breach (or to withdraw Manager’s consent from receiving electronic notice), please write to Bark at help@bark.us.
    1. Manager and Managed User acknowledge that use of the Bark Jr Services does not guarantee that content Manager or Managed User deems objectionable will be 100% unavailable at all times or at any time. Manager and Managed User assume full risk and responsibility for the use of or reliance on the Bark Jr Services as regards content blocking. “False positive” content blocking may occur from time to time or at any time. Bark strives to allow sufficiently granular control of content filters to allow educational or meritorious content through, if that is the intent of the user. However, there is no guarantee that some content that Manager or Managed User would deem acceptable will not be blocked by the Bark Jr Services. In the event that Manager or Managed User believes Bark is mis-categorizing a site or service, please contact Bark support at help@bark.us to submit the issue for review.
    2.  There are certain circumstances that may limit the availability or effectiveness of the Bark Jr Services, including:

      1.  - The Bark Jr Services are currently configured for use in the local jurisdiction in which Manager and Managed User registered for the Bark Jr Services. For example, users that registered for the Bark Jr Services in the United States will be limited to use of the Bark Jr Services only in the United States, and users that registered for the Bark Jr Services in another country will be limited to use of the Bark Jr Services in such country. Notwithstanding the foregoing, use of the Bark Jr Services and Bark Devices is limited to the United States and those other countries and/or territories identified in Section 18 of the Bark Terms of Service. Any use of the Bark Jr Services and/or Bark Devices outside of such countries and/or territories is strictly prohibited.
      2.  - The Bark Jr Services can be interrupted for any reason that disrupts internet access or GPS capabilities, including in the event of: (a) electrical power outages, (b) natural disasters, (c) electronic interference, (d) an outage affecting the data transport service, (e) failure of originating or terminating access lines, (f) network congestion and/or reduced routing speed of Bark’s network or another network (for example, due to spikes in call volume in the wake of local or national disasters), causing failed calls, busy signals or unexpected answering wait times (which may be longer than emergency calls placed via traditional telephone networks), (g) compatibility issues, or (h) equipment failures relating to your equipment (e.g., your mobile phone) or Bark’s equipment, including, hardware or software failures or misconfiguration affecting Bark, its offices, data centers, and/or any of its service providers.
    1. This limited warranty covers the operation of Bark Devices in Manager’s and Managed User’s home network. All Bark Devices (which, for the avoidance of doubt, excludes all Third Party Hardware), carry a warranty of operability for a period of twelve (12) months from the date of purchase from a Service Provider. If a Bark Device fails to power on, does not successfully initialize, or otherwise fails due to a manufacturing defect or through the normal use or wear of the Bark Device when used in accordance with Bark’s applicable specifications during the warranty period, MANAGER’S AND MANAGED USER’S FIRST RECOURSE FOR REFUNDS OR EXCHANGES IS TO THE RETAILER WHERE THE DEVICE WAS PURCHASED ACCORDING TO THE RETAILER’S RETURN POLICIES. If the retailer is unable to exchange or refund the purchase, Manager or Managed User may send the malfunctioning device, along with a copy of the purchase receipt, a return material authorization (“RMA”) number issued in advance by our technical support agent, and, if applicable, a description of the problems encountered, to:

      Bark Technologies, Inc.
      Attn: Bark Device Replacements
      3423 Piedmont Rd NE, Suite 360
      Atlanta GA 30305

      When requesting an RMA number, proof of purchase or proof of installation by a Service Provider must be provided. The RMA number must be included on the outside carton label of the returned Bark Device. Bark will inspect the Bark Device and any accompanying documentation of malfunction. After such inspection, and depending upon the findings of such inspection, Bark may, at its discretion: (i) return the Bark Device to the Manager or Managed User with a certification that it is functional; (ii) repair any manufacturing defect or malfunction caused by the normal use or wear of the Bark Device when used in accordance with Bark’s applicable specifications, and then return the Bark Device to the Manager or Managed User with a certification that a repair has been made, and that the Bark Device should now function according to Bark’s applicable specifications; (iii) issue a refund to Manager or Managed User; (iv) send a replacement Bark Device to Manager or Managed User; or (v) notify Manager or Managed User that the device is not subject or entitled to the limited warranty. IF THE BARK DEVICE IS SUBJECT AND ENTITLED TO THE LIMITED WARRANTY, MANAGER OR MANAGED USER SHALL BE ENTITLED UNDER THIS SECTION TO A REFUND OF ITS PURCHASE PRICE, REPAIR OF ITS BARK DEVICE, OR A REPLACEMENT BARK DEVICE, AT BARK’S ELECTION. MANAGER AND MANAGED USER ACKNOWLEDGE AND AGREE THAT THIS LIMITED WARRANTY DOES NOT COVER ANY WEAR OR DAMAGE RESULTING FROM THE INCORRECT USE OF A BARK DEVICE, AND PROVIDES NO OTHER REMEDIES OR IMPLIES ANY LIABILITY ON BARK’S PART. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

    2.  Insofar as the Manager and/or Managed User utilizes the Bark Jr Software installed on Third Party Hardware, including without limitation a User Device, any questions or concerns related to the functioning of the hardware must be handled in accordance with the third party’s expressed warranty and remediation processes. Bark in no way assumes responsibility for the functionality or operability of Third Party Hardware and the limited warranty set forth in Section 7.1 above does not cover any Third Party Hardware, including, without limitation, any User Devices, regardless of whether such hardware incorporates Bark technology or Bark Jr Software.
    3. THE BARK DEVICES, THE SUPPORT SERVICES, THE API, THE BARK CONTENT, AND THE SOFTWARE ARE ALL OFFERED "AS IS" AND “WITH ALL FAULTS.” TO THE EXTENT PERMITTED BY LAW, AND APART FROM THE LIMITED WARRANTY IN SECTION 7.1, BARK GRANTS AND MANAGER AND MANAGED USER RECEIVES NO WARRANTIES OF ANY KIND, WHETHER ESTABLISHED BY STATUTE, COMMUNICATION OR CONDUCT WITH MANAGER OR MANAGED USER, OR OTHERWISE. BARK DISCLAIMS ALL AND GRANTS NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT CONCERNING ANY PRODUCT(S), OR ANY UPGRADES TO OR DOCUMENTATION FOR ANY OF THE PRODUCT(S). WITHOUT LIMITATION OF THE ABOVE, BARK GRANTS NO WARRANTY THAT THE PRODUCTS OR SUPPORT SERVICES ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING THEIR USE OR THE RESULTS THEREFROM INCLUDING, WITHOUT LIMITATION, THEIR CORRECTNESS, ACCURACY OR RELIABILITY. THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS.

      FURTHERMORE, BARK AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE PRODUCTS OR SUPPORT SERVICES WILL MEET YOUR REQUIREMENTS; (II) USE OF THE PRODUCTS WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SUPPORT SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH USE OF THE PRODUCTS WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE PRODUCTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BARK OR FROM USE OF THE PRODUCTS OR SUPPORT SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT BARK AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE.

    4.  Manager and Managed User represent and warrant to Bark that:

      1. Manager has the power and authority to accept and agree to the Terms, both in his/her personal capacity and, where applicable, on behalf of Managed User and is duly authorized to act for and on behalf of Managed User, and to give the applicable undertakings and consents contained herein;
      2. Manager owns or controls all of the rights necessary to grant the rights and licenses granted herein, including, without limitation, all necessary authority and right to monitor and collect the Account Data collected by or through the Bark Jr Services;
      3. Manager has requested and received the consent of any Managed User contemplated in clause 2.3.2, including to share Managed User’s Personal Data with Bark;
      4. To the extent Manager or Managed User has installed or otherwise uses a Bark Device, Manager has informed or will inform all persons using the network to be monitored, that their activities will be monitored by the Bark Jr Services and any related data, including Account Data concerning all Managed Users, may be accessed by Manager and/or the Bark or the applicable Service Provider;
      5. Manager and Managed User will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with Account Data or otherwise in connection with Manager’s and Managed User’s access to or use of the Products;
      6. the exercise by Bark of the rights granted by Manager and Managed User hereunder will not cause Bark to violate any applicable laws, rules or regulations, or to infringe the rights of any third party; and
      7. all account information provided by Manager and/or Managed User will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.
    5.  Bark reserves the right, in its sole discretion, to modify or discontinue offering any Product(s), in whole or in part, including any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to Manager or Managed User. Bark may from time to time develop and provide Updates for the Products. Updates may also modify or delete features, functionality, tools or content in their entirety. Based on Product settings, when Product(s) are connected to the internet either: (a) the Updates will automatically download and install; or (b) Manager may receive notice of or be prompted to download and install available Updates. Manager agrees to promptly download and install all required or automated Updates made available by Bark from time to time, including all available patches to address security, interoperability or performance issues. If Manager does not install the latest Updates, portions of the Products may not properly operate. All Updates will be deemed part of the Products and be subject to all terms and conditions of these Terms. Manager agrees that Bark has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuances or deletions.
    6.  Use of the Products is limited to the systems and applications that are supported. Manager is required to read the documentation delivered with the Products or provided online by Bark to determine if its intended use is supported. The Products are not designed, intended, or certified for use in components of systems intended for the operation of weapons, weapons systems, nuclear installations, means of mass transportation, aviation, life-support computers or equipment (including resuscitation equipment and surgical implants), pollution control, hazardous substances management, or for any other dangerous application in which the failure of the Products could create a situation where personal injury or death may occur. Manager and Managed User understand that use of the Products in such applications is fully at the risk of Manager and Managed User.
    7.  Manager and Managed User understand and agree that directly requesting Support Services through any communication channel for the setup, continued use, or technical troubleshooting of its Products or Covered Account(s) will also constitute express permission to allow Bark or its duly authorized support representatives to access Manager’s and Managed User’s Products, User Device(s) or Covered Account details remotely for the sole purposes of viewing or changing logs, configurations, software processes, or any other information stored locally on such Products, User Device or in Bark servers. Bark requires such access in order to troubleshoot, debug, or optimize the setup or use of the Bark Jr Services. Manager may limit the level of access Bark or its duly authorized support representatives have to Manager's and Managed User’s Products or User Devices or Covered Account only by explicitly stating at the moment of the support request the specific limitations they wish to impose with regard to the logs, diagnostics, configurations, software processes, or other locally-stored information. Manager and Managed User agree that nothing in these Terms shall obligate Bark to provide any Support Services for the Products. Bark may, but shall be under no obligation to, correct any defects in the Products and/or provide updates to the Products. Manager shall make reasonable efforts to promptly report to Bark any defects it finds in the Products, as an aid to creating improved revisions of the Products. MANAGER AND MANAGED USER UNDERSTAND THAT THE SUPPORT SERVICES AND ALL INFORMATION, CONTENT, OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SUPPORT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BARK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SUPPORT SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, CONTENT OR MATERIALS OBTAINED OR MADE AVAILABLE TO YOU THROUGH THE SUPPORT SERVICES. YOUR USE OF THE SUPPORT SERVICES AND ALL INFORMATION, CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SUPPORT SERVICES IS AT YOUR SOLE RISK. MANAGER AND MANAGED USER ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE IN ADDITION TO, AND NOT IN SUBSTITUTION OF, THE DISCLAIMERS AND LIMITATIONS SET FORTH IN SECTIONS 7.2 AND 10 OF THESE TERMS.
    1.  These Terms shall continue in full force and effect for as long as Manager or Managed User uses any Product. These Terms will automatically terminate if Manager or Managed User fails to comply with any of the terms and conditions hereof, subject to a fifteen (15) day notice and cure period in the absence of willful misconduct. Manager and Managed User may terminate these Terms at any time by discontinuing all use of the Products and providing Bark at least thirty (30) days’ prior written notice of such termination.
    2.  Upon any termination of these Terms, the rights and licenses granted to Manager and Managed User under these Terms shall immediately terminate and all payments owed by Manager and Managed User to Bark through the effective date of such termination will be promptly paid to Bark.
    3.  The rights and obligations under these Terms which by their nature should survive termination, including but not limited to the Sections entitled “Ownership”, “Disclaimer of Warranties”, “Confidentiality”, “Limitation of Liability”, “Indemnity”, and “Miscellaneous” will remain in effect after expiration or termination of these Terms.
    1.  Manager and Managed User acknowledge and agree that any documentation relating to the Products, and any other information (if such other information is identified as confidential or should be recognized as confidential under the circumstances) provided to Manager or Managed User by Bark hereunder shall constitute “Confidential Information” of Bark, and that Manager's and Managed User’s protection thereof is an essential condition to Manager's and Managed User’s use and possession of the Products. Manager and Managed User shall: (a) retain all Confidential Information in strict confidence and not disclose it to any third party unless otherwise required to comply with law or a binding order of a court of governmental authority with the authority to require disclosure. Manager and Managed User will exercise at least the same amount of diligence in preserving the secrecy of the Confidential Information as it uses in preserving the secrecy of its own confidential information, but in no event less than reasonable diligence. Information shall not be considered Confidential Information if and to the extent that it: (i) was in the public domain at the time it was disclosed or has entered the public domain through no fault of the Manager or Managed User; (ii) was known to the Manager or Managed User, without restriction, at the time of disclosure as proven by the files of Manager or Managed User in existence at the time of disclosure; or (iii) was developed by or for Manager or Managed User without use or knowledge of or access to Confidential Information or violation of these Terms or (iv) becomes known to Manager or Managed User, without restriction, from a source other than Bark without breach of these Terms by Manager or Managed User and otherwise not in violation of Bark’s rights.
    2.  Notwithstanding the foregoing, all documents and other tangible objects containing or representing Confidential Information and all copies thereof which are in the possession of Manager and Managed User shall be and remain the property of Bark, and shall be promptly returned to Bark or destroyed, and all electronic copies deleted, upon written request by Bark or upon termination of these Terms.
    3.  In addition to any other rights and remedies available to Bark hereunder or at law, Manager and Managed User acknowledge and agree that any breach of confidentiality and non-disclosure such obligations may result in irreparable and continuing damage to Bark for which there will be no adequate remedy in damages, and the Bark will be authorized and entitled to seek injunctive relief, without the necessity of posting a bond even if otherwise normally required, and/or a decree for specific performance, and such further relief as may be proper from a court with competent jurisdiction.
  2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BARK OR ANY OF BARK’S COLLABORATORS, SUPPLIERS OR LICENSORS NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS OR SUPPORT SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BARK’S LIABILITY ARISING FROM YOUR USE OF THE PRODUCTS OR SUPPORT SERVICES, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY MANAGER AND MANAGED USER TO BARK FOR THE PRODUCTS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE COMMENCEMENT OF SUCH CLAIM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE OBLIGATIONS SURVIVE TERMINATION OF THESE TERMS. IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY ARE NOT LEGALLY BINDING.

  3. Manager and Managed User agree to defend and indemnify Bark and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from (i) the unauthorized use or distribution of the Products by the Manager or Managed User; (ii) Account Data; (iii) Manager’s or Managed User’s breach of these Terms or applicable law, or (iv) Manager’s or Managed User’s gross negligence or willful misconduct. Manager and Managed User agree that, at Bark’s option, Manager or Managed User will conduct the defense of any such claim or action; provided that, notwithstanding Bark’s election that Manager or Managed User conduct the defense, (a) Bark may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (b) Manager and Managed User will not enter into any settlement or other compromise without the prior written approval of Bark (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

  4. PAYMENT; SERVICE PROVIDERS; THIRD PARTIES.

    1.  If Manager or Managed User purchases Products directly from Bark, Manager and Managed User hereby authorize Bark to charge the purchase amount to the credit card on file in the amounts and on such payment dates as set forth in the Covered Account. If Manager or Managed User purchased Products through a Service Provider, all payment-related terms (including, but not limited to, pricing, invoicing, billing, payment methods, delivery, returns, and late payment charges) will be set forth in Manager’s or Managed User’s agreement directly with such Service Provider. Bark may suspend or terminate Manager’s and Managed User’s access to the Bark Jr Services in the event of non-payment of the applicable fees to Bark by Manager, Managed User or the Service Provider, as applicable. Notwithstanding anything to the contrary, the agreement between Manager or Managed User and Service Provider: (i) shall not modify any of the terms set forth herein, and (ii) is not binding on Bark. Bark’s fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). The Manager or Managed User purchasing Products hereunder is responsible for paying all Taxes associated with its purchases. Bark may invoice Manager for Taxes it is required to withhold and the Manager will pay that amount unless the Manager provides Bark with a valid tax exemption certificate authorized by the appropriate taxing authority.
    2.  If Manager or Managed User purchases Products through Service Provider, Manager and Managed User acknowledge and agree that such Service Provider may have access to their respective Account Data, including all data that may be captured or stored on a Bark Device as a result of Manager’s and Managed User’s use of the Bark Jr Services. Manager and Managed User acknowledge and agree that Bark is not liable in any way with respect to such access or use of such Account Data by a Service Provider.
    3.  Manager and Managed User are solely responsible for any fees or charges incurred to access the Products through an internet access provider or other third party, including without limitation data charges incurred if Manager or Managed User is not connected to WiFi access, charges to receive SMS messages or other mobile access, which may be billed to Manager or Managed User, or deducted from Manager’s or Managed User’s prepaid balance by the relevant mobile provider. Manager and Managed User agree that Bark is not liable in any way for any third-party charges.
    4. . The Bark Apps and the Bark Jr Services may also provide links to third-party websites, resources or services. Manager and Managed User acknowledge and agree that Bark is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by Bark of such websites, resources or services or the content, products or services available on or through such websites, resources or services. Manager and Managed User acknowledge sole responsibility for and assume all risk arising from Manager’s and Managed User’s use of any such websites, resources or services or the content, products or services available on or through such websites or services. Bark will not be responsible or liable for any damage or harm resulting from Manager’s or Managed User’s interactions with such websites or services, or the content, products or services available on or through such websites or services.
    1.  MANAGER AND MANAGED USER UNDERSTAND AND AGREE THAT THE PRODUCTS ARE SUBJECT TO UNITED STATES AND OTHER APPLICABLE EXPORT-RELATED LAWS AND REGULATIONS AND THAT MANAGER AND MANAGED USER MAY NOT EXPORT, RE-EXPORT OR TRANSFER THE PRODUCTS EXCEPT AS PERMITTED UNDER THOSE LAWS. WITHOUT LIMITING THE FOREGOING, EXPORT, RE-EXPORT OR TRANSFER OF THE PRODUCTS TO CUBA, IRAN, NORTH KOREA, SUDAN AND SYRIA IS PROHIBITED.
    2.  These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, provided, however that Manager and Managed User may not assign these Terms or any rights or obligation hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Bark, and any such attempted assignment shall be void. Bark may assign these Terms without notice to an affiliate or a successor to all or substantially all of its business or assets to which these Terms relate.
    3.  These Terms shall be governed by the laws of the State of Georgia, United States, without regard to any conflict-of-laws rules, except as otherwise set forth in the State-Specific Provisions (to the extent applicable to you or the Managed User) and the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in the county of Fulton, Georgia, and Manager and Managed User hereby consent to such exclusive jurisdiction and venue.
    4.  All terms and provisions of these Terms shall, if possible, be construed in a manner which makes them valid, but in the event any term or provision of these Terms is found by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of these Terms shall not be affected if the illegal or unenforceable provision does not materially affect the intent of these Terms. If the illegal or unenforceable provision materially affects the intent of the parties to these Terms, these Terms shall become terminated.
    5.  Manager and Managed User hereby acknowledge that any breach of these Terms by either of them would cause irreparable harm and significant injury to Bark that may be difficult to ascertain and that a remedy at law would be inadequate. Accordingly, Manager and Managed User agree that Bark shall have the right to seek and obtain immediate injunctive relief to enforce obligations under these Terms in addition to any other rights and remedies it may have, without the obligation to post a bond even if ordinarily required.
    6.  The waiver of, or failure to enforce, any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default.
    7. MANAGER AND MANAGED USER AGREE THAT MANAGER AND MANAGED USER MAY BRING CLAIMS AGAINST BARK ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVES THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS ALL OF MANAGER, MANAGED USER AND BARK OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
    8.  Bark reserves the right to alter or amend these Terms at any time, in its sole discretion. Bark shall provide notice of any material changes thirty (30) days prior to such change, by email or mail to Manager or by posting a new version of these Terms on its website. Manager’s and Managed User’s continued use of any Product subsequent to such revision shall be deemed acceptance of the amended terms and Manager’s and Managed User’s sole alternative shall be to terminate these Terms and cease use of the Products.
    9.  Any notices required or permitted by these Terms shall be made in writing and may be made (i) by email to the last provided email address for Manager, in the case of Manager or Managed User, or to help@bark.us, in the case of Bark; or (ii) by certified mail or nationally-recognized overnight courier to the principal office of the parties, or to any address previously provided by a party to the other party by like notice.
    10.  These Terms set forth the entire agreement between the parties and supersedes any and all prior proposals, agreements and representations between them, whether written or oral concerning the Products.
    1.  The following provisions apply to Products downloaded from the iOS Store:

      1.  Manager and Managed User acknowledge that these Terms are between Manager, Managed User and Bark and not with Apple, Inc. or any of its affiliates (collectively, “Apple”) and that Bark, and not Apple, is solely responsible for the Products and the content thereof.
      2.  The license granted to Manager and Managed User hereunder for use of Products is limited to a personal, non-transferable, non-assignable, revocable and non-exclusive right to use the Products on any Apple-branded products owned or controlled by Manager or Managed User for the relevant subscription period and subject to the terms and conditions set forth in these Terms, and as permitted by the usage rules set forth in the App Store Terms of Service.
      3.  Bark, with respect to the Products. Manager and Managed User acknowledge and agree and not Apple, is solely responsible for providing maintenance and support services that Apple has no obligation whatsoever to furnish any such maintenance and/or support services with respect to the Products.
      4.  Bark, and not Apple, is solely responsible for the breach of any warranties specifically set forth in these Terms. If the Products fail to conform with any such warranties, including Manager’s or Managed User’s right to a refund, Manager or Managed User may notify Apple of such non-conformity and Apple will refund the purchase price paid by Manager or Managed User for the applicable Product(s) and, to the maximum extent permissible by applicable law, Apple will have no other warranty obligation whatsoever to Manager or Managed User with respect to the Products, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such warranty will be Bark’s sole responsibility.
      5.  Manager and Managed User acknowledge and agree that, in the event of any third party claim that the Products or Manager’s or Managed User’s use and possession of the same, infringes a third-party’s intellectual property rights, Bark, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
      6.  Manager and Managed User each represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
      7.  Manager and Managed User should direct any questions, complaints, or claims with respect to the Products to Bark at:

        Bark Technologies, Inc.
        Attn: Legal Department
        3423 Piedmont Rd NE, Suite 360
        Atlanta GA 30305
        Email: help@bark.us

      8.  Manager and Managed User must comply with applicable third party terms of agreement when using the Products.
      9.  Manager and Managed User acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiary of these Terms and, upon acceptance by Manager and Managed User of these Terms, Apple will have the right (and is deemed to have accepted such right) to enforce these Terms against Manager and/or Managed User as a third party beneficiaries hereof.
    2.  The Products’ use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements, located at: https://developers.google.com/terms/api-services-user-data-policy.

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