END USER SOFTWARE LICENSE AGREEMENT

This End User License Agreement (hereinafter, "EULA") regulates the relationship between you, as the User (hereinafter, "You" and/or the "User") and Petki Labs, S.L located in Sant Cugat del Vallès, Calle Ramon Escanyola number 20, 08197 Barcelona, and email for notifications team@kolyy.com (hereinafter, the "Company", "Kolyy", "We", "Our" and "Us") in relation to the "Kolyy Application" (described in Clause 2) and any other application or web service from Kolyy that contains a link to this EULA (hereinafter, the "App").

This EULA establishes the terms and conditions applicable to downloading, installing, accessing and/or using the App, whether from a computer, through our website https://www.kolyy.com (hereinafter, the "Website") or a mobile device through markets such as Apple App Store or Google Play Store (the "Platforms"). You affirm that you are over 18 years old, or that you have the legal consent of your parents or guardians, and that you are fully capable and competent to accept the terms, conditions, obligations, affirmations, declarations and warranties set forth in this EULA, and to comply with and fulfill this EULA. If you are under 18 years old or do not have the consent of your parents or guardians, you may not use or access the App.

From time to time, we may need to modify this EULA. If we make a modification to this EULA, we will inform you by email to the last email address you provided us in your user account of the App or by means of notification on the Platform. If you do not oppose the modified terms and conditions within thirty (30) days after receiving the communication or after the new terms and conditions are published on the Platform, the modification of the terms and conditions shall be considered accepted and shall come into effect at that moment. In case of opposition, you must send communication to the address or email of the company within thirty (30) days from the notification, understanding that the EULA is terminated at the end of that period.

THIS IS A SOFTWARE LICENSE AGREEMENT ON THE RIGHTS AND OBLIGATIONS OF THE END USER REGARDING THE APP; IT IS NOT A SALES CONTRACT OF THE APP. The Company will remain the owner of the App and all its content, as well as all copies made thereof, regardless of the medium. This EULA does not constitute any title or property in the App in favor of the User.

1. Descriptions.

“Kolyy Application”: Downloadable software application for mobile devices owned by Kolyy that allows access to the Subscription services contracted by the Client under the selected subscription plan. Its functionalities, functionality, and operations are described on the Website and on the Platforms, accessible to the User at the time of download.

“Smart Collar”: Smart collar for pets that incorporates a Kolyy radioelectric GPS locator, which is adjusted to the services offered under Subscription. For the collar functionalities to be operational, the Client must contract a paid Subscription.

“Services” or “Subscription”: Paid service that, connected to the Smart Collar, allows, according to the services included in the contracted subscription: i) to find out and follow the location of your pet ("Online Tracking"; ii) to diagnose your pet’s fitness; and/or, iii) any other service that may be offered at the time of contracting the Subscription. Before contracting the Subscription, the client must choose the features they wish to include in their Subscription. The features of the Subscription Plan are described on the Website and at the time of contracting through the Kolyy Application, as described below. The subscription plan may be monthly, quarterly, or annual, at the User's choice. Each Smart Collar must be associated with a Subscription.

“User” / “Client”: Contracting party of the Services and/or Products offered by Kolyy. In the context of the Service, it will generally be referred to as "User" and, in the context of the online Store and sale of Products, it will generally be referred to as "Client". “User” and “Client” will also be collectively referred to as “Contracting Party.”

2. Personal data.

2.1. You confirm that as part of the download, installation, creation of a User Account, and use of the App process, you have read and accepted our Privacy Policy. If you do not agree with our Privacy Policy, you should not download, install, access, or use our App.

2.2. The Company, as the data controller of the personal data we may collect through the App and the Smart Collar, ensures strict compliance with current regulations on the protection of the User's personal data.

By installing and using the App, the User agrees that it compiles and collects personal information necessary for the proper functioning of the App and its Subscription, in particular, to manage their Kolyy account and their relationship with the community; to manage the Subscription; to receive communications related to the Subscription contracted in the foreground and background; to receive communications about the events in your calendar, sending commercial information and/or commercial prospecting; and, in general, the improvement of the Services.

2.3. Furthermore, the User acknowledges and agrees that the information provided by the User and that collected by the Smart Collar will be processed by the Company for the purpose of locating their pet, possibly sharing their name and phone number with other community members if the “lost dogs” function of the Service is activated (if available) or by scanning the collar's QR code; and, diagnosing their pet. While the User uses the App, the Company may collect information on position, location, and time linked to You from the device where the App is installed.

2.4. The legal basis for the processing of your personal data is the provision of the Service contracted by the User, their consent, and legitimate interest.

2.5. We will not share the data with third parties, except when legally necessary. Although this is not a data transfer, we may share personal data with our service providers when necessary and under the agreements in place to ensure the protection of your data.

2.6. At any time, you can exercise your rights of access, rectification, deletion, limitation of processing, data portability, and opposition by contacting us at team@kolyy.com.

2.7. You are not obliged to share the personal data requested at any time; however, if you choose not to share the information, in some cases we may not be able to provide you with all the Services or respond effectively to any inquiries you may have.

3. Installation of the App and Acceptance of the EULA.

3.1. You confirm and accept that as part of the download, installation, and creation of a User Account process, you have read and accepted the terms and conditions of the EULA. In any case, you confirm that you accept and agree to the terms of this EULA by accessing or using the App. If you do not agree with this EULA, do not download or use the App.

3.2. The App requires installation, must install the App on a Smartphone or properly configured equipment that meets the requirements for correct installation and subsequent use of the App. Information about the availability and functionality of the App will be available through the Platforms.

3.3. The Company makes the App available to Users. The download of the App is free; however, to access all the functionalities offered by the App, it is necessary to purchase the Smart Collar from the Company and to activate the Subscription, under the terms set out in the General Conditions (https://www.kolyy.com/terminos-y-condiciones). If you do not have either of these two elements, the User will not be able to normally use the App and its included functionalities.

3.4. The User is solely responsible for the Internet connection and any mobile expenses incurred when accessing and/or using the App and/or our Services.

4. User Account & Access to the App.

4.1. To contract and use the Service, the User must register in the App and create a User Account (hereinafter "User Account"). To create the User Account, the User must download and install the App through one of the Platforms. Your User Account is for your exclusive and personal use and you may not transfer it to any other person.

4.2. At the time of registration, the User will be asked for data such as their first name, last name, email address, phone number, shipping address, and banking details, as well as data related to the Smart Collar such as the serial number and country of the Collar, and the data of their pet such as name, breed, age, sex, whether it is sterilized or not, weight, body condition, and others, for the proper use of the Service.

4.3. The User declares and agrees to: (i) provide accurate, current, and complete information concerning the registration, login, and/or subscription procedures in the User Account (hereinafter "Registration Data"); (ii) not disclose the password or identification code; (iii) keep the Registration Data and any other information provided constantly updated, complete, and accurate.

4.4. From Kolyy, we will not be responsible to you for any loss suffered as a result of unauthorized access to your account or use of our Services, and we accept no liability for any loss or damage resulting from such unauthorized use, whether fraudulent or otherwise.

4.5. Kolyy reserves the right to temporarily or permanently block the User's access to their Account at its discretion in the event of a well-founded suspicion of abuse or misuse (especially to register third-party movement patterns) or when a breach of any provision of these General Terms and Conditions is detected, including the non-payment of fees upon their due date.

4.6. Occasionally, access to the App may be suspended, limited, or interrupted to allow for the deployment or provision of patches, updates, additional content, or other modifications to the App (for example, to improve the App online, to add new features or update them, or to resolve software bugs). You agree, acknowledge, and understand that we are constantly working on the development of the App. In any case, if we decide to make a relevant modification in the use or access to the App, we will inform you of the changes made.

4.7. We will do our best to provide continuous access to the App and to ensure that interruptions or suspensions are as brief as possible. However, the Company does not guarantee that the App, information, location, or support services will not be interrupted or will be free of errors, which the Company will correct as quickly as possible to ensure your use.

4.8. The User is solely responsible for the Internet connection and any mobile expenses incurred when accessing and/or using the App and/or our Services.

4.9. The Service and its availability are governed by the General Contracting Conditions (https://www.kolyy.com/terminos-y-condiciones).

5. Subscription Contracting and Activation.

5.1. Contracting: the contracting of the Services will be done through the Website or through the App, where the characteristics of the Subscription Plan and the applicable price at the time of subscription are described. For this purpose, payments for the Services are made through third-party payment platforms, so the Company assumes no responsibility for the operation, functionality, use, loss, or theft of banking data that may result from the use of payment platforms. To learn more about the use of third-party platforms, we recommend visiting the General Conditions of Contracting (https://www.kolyy.com/terminos-y-condiciones).

5.2. Activate subscription through the App: You are informed that the Subscription is paid, so it is necessary that the User has previously paid the amount corresponding to their Subscription Plan to be able to use the App. The amount will be the one that corresponds at any given time and that will be visible to the User at the time of contracting the Subscription.

6. License and terms of Use of the App.

6.1. Subject to this EULA, Kolyy grants you a personal, non-exclusive, free, non-assignable, non-transferable, limited, revocable, and terminable license, with no right to grant sublicenses (the “License”) to access the App or use it through your own mobile devices, electronic tablets, computers, and other electronic devices that you own or control (the “Devices”) and according to the usage rules of your operator, those described in this EULA, and those applicable to your device.

6.2. The rights that Kolyy grants you under the License are subject to the terms of this EULA, and you may only use the License if you comply with all applicable terms.

6.3. The License enters into effect on the date you accept this EULA by downloading the App. The License does not confer any title or ownership over the App.

6.4. You shall refrain from engaging in the following:

a) behaviors that may reasonably be considered illegal, harmful, harassing, defamatory, libelous, obscene, or otherwise objectionable; that invade or may be considered to invade another's privacy or violate privacy rights, incite violence or hate based on race or ethnicity; nor may you use the App for fraudulent or abusive purposes, engage in conduct that detracts from the enjoyment of the App, use the App on more than one device at a time (hereinafter, all listed behaviors referred to as “Improper Behavior”).

b) behaviors that infringe any intellectual property rights, including the prohibition of removing or altering any trademark notice or other proprietary rights information that appears in our App, or any other third-party rights; decompile or reverse engineer the App; sublicense the App, in whole or in part (hereinafter, all listed behaviors referred to as “Intellectual Property Infringement”).

c) conduct that consists of unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes, and other forms of promotional messages, or that contain software viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or computer hardware or telecommunications equipment; nor may you distribute or disclose information about the performance or analysis of the App (hereinafter, all listed behaviors referred to as “Advertising and malicious files”).

d) you shall not dismantle or hack our App, or bypass or block our encryption technologies or security measures or the data we transmit, process, or store; create, develop, distribute, or use unauthorized software programs to gain advantages in any App modality; cause interference or disruptions in our App, on the servers or networks through which our App is provided; nor may you collect, extract or gather any type of information about our App or about other users who use it, including, but not limited to, personal information or data; nor may you use it to cheat, plan cheats or assist in cheating, or otherwise circumvent technological measures meant to control access to our App or do anything that a reasonable person would not consider to be in good faith or these conditions (hereinafter, “Manipulation of the App”).

6.5. Furthermore, the User may not use the App in a manner that violates any applicable law or regulation and, in general, in a manner that infringes any applicable Law or regulation or in a manner not expressly authorized in this EULA.

6.6. Furthermore, the User agrees to comply with the commitments, obligations, and user standards established in the General Conditions of Contracting (https://www.kolyy.com/terminos-y-condiciones).

6.7. You are solely responsible for the Content that you download, communicate, transmit or make available through the App, the User Account and/or our Services. Before uploading any User Content, we encourage you to carefully review the General Conditions of Contracting (https://www.kolyy.com/terminos-y-condiciones), the Privacy Policy, this EULA, and any specific rules of the App found in the App itself. The Company has the right to remove User Content from our Platforms at any time, at its sole discretion, if we believe it violates any part of these Conditions. However, the Company will not actively monitor User Content.

6.8. In the event of the User's breach of this EULA and/or the General Conditions of Contracting (https://www.kolyy.com/terminos-y-condiciones), Kolyy reserves the right to act at its sole discretion and without prior notice to admonish the User, remove User content, temporarily or permanently block the User, terminate the contractual relationship, delete the User's account, withhold any amounts paid by the User, and/or seek compensation for damages. All of these will be cumulative and their exercise will not preclude Kolyy from exercising another of those actions or other of its rights, according to what is provided in the General Conditions of Contracting and this EULA (https://www.kolyy.com/terminos-y-condiciones).

7. Intellectual Property.

7.1. The User acknowledges that Kolyy is the legitimate owner of the trademarks, trade names, and other designations and/or distinctive signs of the App (hereinafter, “Kolyy Trademarks”). The Client shall not register or use any domain on the Internet that contains any Kolyy trademark in whole or in part, or any other name that may lead to confusion due to its similarity or that may otherwise infringe on Kolyy's industrial property rights. The User must not use meta tags or any other hidden text that uses any Kolyy name, trademark or product or service name without prior written consent from Kolyy. Additionally, the appearance and style of the App (including all page headers, custom graphics, button icons, and scripts) are the service mark, trademark, and brand image of Kolyy and may not be copied, imitated, or used (in whole or in part) without prior written permission from Kolyy. The content of the App, including without limitation, text, software, graphics, images, sounds, and similar (hereinafter, the "Content"), is also the property of the Company subject to copyright and other intellectual property rights under Spanish, European, and international legislation.

7.2. All copyrights and any other intellectual or industrial property rights, copyrights, or any other rights of any kind relating to the content or aspects of the App, including, but not limited to, Kolyy Trademarks, Content, App design, its source codes, belong to Kolyy (“Intellectual Property Rights”). Such Intellectual Property Rights are protected by intellectual property laws and by international treaties in force in Spain and around the world, and the rights thereto are expressly reserved. Any use of the Content not expressly authorized in the General Conditions of Contracting (https://www.kolyy.com/terminos-y-condiciones) or in this EULA is prohibited.

7.3. The User will not obtain, by virtue of the use they make of the App, any Intellectual Property Right belonging to Kolyy. You must not apply reverse engineering, decompile, or disassemble the App except in so far as doing so is mandatory under applicable law, without prejudice to this limitation or to what is expressly provided in this EULA.

7.4. The User shall not, directly or indirectly, use, copy, reproduce, decrypt, electronically scan, distribute, transmit, broadcast, display, sell, license, exploit, decompile, or derive source code from any intellectual and/or industrial property owned by Kolyy to which they have access by virtue of the App, or reverse engineer the design and function of the aforementioned intellectual and/or industrial property. If the User downloads or prints a copy of the Content for personal use, they must retain all copyright notices and other proprietary notices contained therein. Additionally, the User agrees to promptly and effectively report any infringement or reasonable suspicion of infringement by Users or third parties that may affect Kolyy's legitimate interests of which the User may become aware.

7.5. Notwithstanding the foregoing, no aspect of the contents of the App may be reproduced or archived on any other website nor may it be entered into any other information storage and retrieval system or service provision without prior written consent from Kolyy.

7.6. Any use of the App that is made without prior written authorization and that is not authorized in this EULA is expressly prohibited. Such unauthorized use may also violate applicable laws, including, for example, laws regarding copyright, trademark protection, and other regulations regarding communication or personal data protection. We reserve the right to suspend those User accounts that we consider to have violated the law or applicable regulations.

7.7. You agree and acknowledge that, apart from the license granted to you under this EULA, you have no ownership or rights over the App or any of our Services.

7.8. The Content of the App is provided to the User "AS IS" for their information and personal use of the App. It cannot be used for commercial purposes.

8. Content, links, and third-party marketing.

8.1. The App can be downloaded and payments for the Subscription and other purchases made through the App can be made from one of the Platforms, which are managed and owned by third parties unrelated to the Company. The Platforms may have their own terms and conditions and privacy policy (“Platform Terms”) and may require you to accept the Platform Terms to register with them. The Company is not responsible for examining or evaluating such Platform Terms, and you accept to use them at your own risk. If you have any questions, doubts, or complaints about a third-party service, please contact the support or contact staff of that third-party service.

8.2. The App may contain links, access interfaces, and other connections to third-party websites and applications. Such third-party services are provided solely for your convenience, and we are not responsible for endorsing the content of third-party services. Using third-party services may require you to accept additional conditions. We are not responsible for examining or evaluating, and do not guarantee the offers of third-party services, and you agree to use them at your own risk. If you have any questions, doubts, or complaints about a third-party service, please contact the support or contact staff of that third-party service. We may allow you to log into the App using third-party services. By logging in using a third-party service or otherwise using third-party services, you are allowing that third-party service to access information related to your account on that third-party service, and the third-party service may access information regarding your actions in the App.

9. Duration and termination.

9.1. This EULA takes effect from the moment you download the App, and will remain in effect until terminated or replaced by a new agreement, or, if none of the aforementioned occurs, as long as you continue to use the App.

9.2. This EULA can be terminated for any of the following reasons:

a) In the event of a material breach of any of the terms established in this EULA by the User, the Company has the right to block access to their User Account of the App, either temporarily or permanently, at any time, with or without prior notice.

b) In the event that the App and/or Services are interrupted and/or terminated for any reason, the Company has the right to terminate this Subscription at any time with thirty (30) days' prior notice.

c) If the User deletes their User Account and/or uninstalls the App, for any reason, this EULA will be resolved at the moment the uninstallation process is completed.

d) If the User cancels the Service in accordance with the provisions in the General Conditions of Contracting (https://www.kolyy.com/terminos-y-condiciones).

e) For the reasons for cancellation and termination of the Service provided in the General Conditions of Contracting (https://www.kolyy.com/terminos-y-condiciones).

f) If both parties agree to terminate this EULA.

9.3. You acknowledge that upon termination of the EULA for any reason, your License will be automatically revoked, you will no longer be able to access and/or use the App and/or the Service, you may lose access to your User Account and to any User Content, data, and/or information previously stored and/or associated with your User Account, and any rights you may have had with access to the App will be lost, and you acknowledge that you have no right to any refund for any amount that has been paid into your Account prior to any termination thereof, without prejudice to what is provided for the Subscription in the General Conditions of Contracting (https://www.kolyy.com/terminos-y-condiciones).

10. Responsibilities and Damages.

10.1. You are solely responsible for providing the hardware and software necessary to access and use the App, including the Smart Collar and contracting the Subscription Plan, as well as obtaining Internet access and paying the associated connection costs to access and use the App.

10.2. To the extent permitted by law, the Company guarantees that the App is provided "as is," according to widely recognized commercial standards. To the extent permitted by law, Kolyy does not represent or warrant that (i) the operation or use of the App will be timely, uninterrupted, or error-free (however, the Company will make reasonable efforts to inform you of any issues related to the App in a timely manner); or (ii) that the quality of the App will meet the needs and expectations of the User. In these cases, the User may not claim any right to compensation for damages and/or warranty for non-fault failures.

10.3. If you access the App within a country of the European Economic Area, Switzerland, the United Kingdom, or, in general, where the Company conducts its commercial activity, you will be protected by legal warranty according to applicable law. In case the App does not conform to the provisions of this EULA, you will have the right to request its conformity, and in the event that it cannot be conformed, you will only have the right to terminate the EULA, thus terminating your access to the App in accordance with the provisions of clause 9 of the EULA, unless the Law stipulates otherwise. Being the App free of charge, you will not have any right to a refund of any amount for its lack of conformity. 

10.4. EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR INTENTIONAL ILLEGAL CONDUCT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, KOLYY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING FROM THE USE OF THE APP; NOR FOR DAMAGES CAUSED BY THE USER'S IMPROPER OR UNLAWFUL USE OF THE APP OR BY THIRD PARTIES. IN THE CASE OF NEGLIGENCE, KOLYY'S LIABILITY WILL BE LIMITED TO PERSONAL DAMAGES, WITH A MAXIMUM LIABILITY OF 100 EUROS PER USER.

10.5. The Company reserves the right to claim damages from the User arising from the User's breach of this EULA. The User agrees to defend, indemnify, and hold Kolyy harmless from any claims, damages, obligations, losses, liabilities, costs, or debts and expenses (including, without limitation, attorney's fees) related to your use of the App and arising from: (i) negligent or intentional violation on your part of any of the terms of this EULA; or (ii) violation by you of any third party rights, including, without limitation, copyright, property, or privacy rights. This defense and indemnity obligation will survive this EULA and your use of the App.

11. Applicable Law and Jurisdiction. 

11.1. This EULA and any dispute, claim, or obligation arising out of it or in connection with it or its subject matter shall be governed by Spanish law.

11.2. The parties submit, at their choice, for the resolution of conflicts and waive any other jurisdiction, to the courts and tribunals of the User's domicile.