Terms and Conditions

I. Who are we?

Petki Labs S.L
CIF: B02878866
Registered office: c/ Ramon Escayola 20, Sant Cugat del Vallés, 08197
Registered in the Barcelona Commercial Registry in Volume 47565, Folio 173, Sheet number B-555765
Email: team@kolyy.com
Phone: +34 647 82 63 69

Hereinafter, Petki Labs S.L. will be referred to as "Kolyy"

II. What do we offer?

Kolyy offers:

(i) "Smart Collar": A smart collar for pets that includes a Kolyy GPS radio locator, which is tailored to the services offered under Subscription. For the collar's functionalities to be operational, the Customer must purchase a paid Subscription.

(ii) "Accessories": Kolyy accessories related to the Smart Collar.

(iii) "Subscription": A paid service that, connected to the Smart Collar, allows, according to the services included in the contracted subscription: i) to find and track 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 customer 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 App, as described below. The Subscription Plan can be for a monthly, quarterly, or annual period, chosen by the User. Each Smart Collar must be associated with a Subscription.

The Smart Collar and Accessories will also be collectively referred to as the "Products" and individually as the "Product".

The Subscription will also be referred to as the "Services" or "Service", interchangeably.

III. Definitions

The following definitions will apply in the future, in addition to the definitions appearing in parentheses, for these General Contract Conditions (hereinafter, "GCC"):

1. "Kolyy App": downloadable software application for mobile devices (as described on the Website) owned by Kolyy that allows access to the subscription services contracted by the Customer under the selected subscription plan. Online Products and Services of Kolyy or, where applicable, of third parties, will be sold through the Kolyy App. The Kolyy App will be subject to the End User License Agreement (“EULA”) available in the Kolyy App, and all operations performed therein, whether for free or with charge, will be governed by these General Contract Conditions of Products and Services.

2. "Website": https://Kolyy.com, owned by Kolyy. The Website will be subject to the Terms of Use available in the Legal Notice www.kolyy.com/aviso-legal

3. "Online Store": The online store owned by Kolyy will be accessible from the Website. It will sell Products and, where applicable, Services of Kolyy or, where applicable, third parties, online. The Online Store will be subject to the Terms of Use available in the Legal Notice www.kolyy.com/aviso-legal and all operations performed therein, whether for free or with charge, will be governed by these General Contract Conditions of Products and Services.

4. "User" / "Customer": Contracting party of the Service and/or Products offered by Kolyy. In the context of the Service, reference will generally be made to "User" and, in the context of the Online Store and sale of Products, reference will generally be made to "Customer". "User" and "Customer" will also be referred to together as "Contracting Party".

IV. When do the General Contract Conditions apply?

1. The following conditions establish the terms governing the use and/or purchase of any of the Products or Service, and/or any other product or service available in the Online Store accessible through the Website and/or the Kolyy App.

2. By accessing the Kolyy App and/or placing an order through the Online Store, the Customer consents to be bound by these General Contract Conditions (“GCC”) (www.kolyy.com/terminos-y-condiciones), as well as the Legal Notice on the Website (www.kolyy.com/aviso-legal), Kolyy's Data Protection Policy (www.kolyy.com/politica-de-privacidad) and Kolyy's Cookies Policy (www.kolyy.com/politica-cookies), so if the Customer does not agree with any of them, they should not use the Website and/or Kolyy App nor place any orders through them. These GCC affect the Customer's rights and obligations, so they must read them carefully.

3. By using the present Website, the Kolyy App and/or placing an order through the Website, the Customer or User represents and warrants that they are over 18 years old.

V. Procedure for Purchasing Products

1. To access the Online Store you must go through the Website or the Kolyy App itself. All information from the Website, the Online Store, the Product, the GCC, the Website and the Kolyy App is available in Spanish.

2. The order is placed in the following steps:

a) Selection of the desired Product by adding it to the shopping cart by clicking on the corresponding icon;

b) To place the order, the entry of shipping address/contact details (name, last name(s), street and number, postal code, city, country, email address, telephone number for the carrier to contact if necessary), as well as a different billing address where applicable, and selection of the shipping method will be required. The personal data provided by the Customer will be processed in accordance with the provisions of our Data Protection Policy (www.kolyy.com/politica-de-privacidad);

Before finalizing the order, a summary will be presented to the Customer identifying the Product added to the shopping cart, its total price (including transport and taxes) with each concept itemized and the shipping details of the order. After verifying the order details in the shopping cart, the Customer must confirm the order by clicking the “confirm payment” button (“Order Confirmation”).

c) If before the Order Confirmation the Customer detects an error in their order, they can modify it by clicking on the “Edit” or “Delete” section. If an error in the order is detected once the Order Confirmation process is finalized, the Customer must contact Kolyy at support@kolyy.com;

d) After the Order Confirmation, the Customer will be redirected to a payment platform to make the payment as provided in section VII (Prices, shipping costs, and payment methods).

e) Upon confirming the order, the Customer acknowledges and accepts the pre-contractual information available on the Website or in the Kolyy App and these GCC as determining for the contractual relationship with Kolyy.

f) Kolyy will send the Customer acknowledgment of receipt of the Order Confirmation. The acknowledgment of receipt of the Order Confirmation will not constitute acceptance of the order by Kolyy. All orders are subject to express acceptance within a reasonable time by Kolyy, which will not be denied unless there is just cause such as the unavailability of the contracted good or service, substantial errors in the price or description of the Product and/or Service; or any other reason that would hinder or make the delivery impossible within a reasonable time. The order will be understood as accepted by Kolyy when it notifies the Customer by email confirming (a) that the order is being processed; or (b) that the Product has been shipped or that the Service has been made available to the Customer (the “Order Acceptance”). In the Order Acceptance, Kolyy will include all information relating to the contract concluded and a link to the applicable GCC. Customers are advised to access the GCC and download them to their device for storage. In any case, Kolyy will keep a copy of the contract for a reasonable period and will be available upon the User's request.

g) The contract is understood to have been perfected by the Order Acceptance.

VI. Procedure for Purchasing Services

1. To use the Subscription, it is necessary (a) to possess a fully operational Kolyy Smart Collar; (b) to download the Kolyy App from the available management platform; (c) to register the User and contract the Subscription Service through the Kolyy App, selecting the corresponding subscription plan (hereinafter, the "Subscription Plan"). Upon successfully completing the registration and contracting of the Subscription, Kolyy will grant access to the Service within a reasonable time and never more than three (3) days from the full completion of the registration and contracting of the Service.

2. Operationality of the Smart Collar:

a) The use and purchase of the Smart Collar and the Kolyy App are understood to be a single product bundled under a monthly, quarterly, or annual Subscription. For the functionalities of the Smart Collar and the Kolyy App to be operational, the Customer must contract the Subscription. Each Smart Collar must carry an independent Subscription.

b) For the Subscription to work properly, the User will be responsible for periodically checking the operationality of the Smart Collar and ensuring that their pet is wearing the Smart Collar.

c) Specifically, but without limitation, the User must ensure that the Smart Collar (a) is in good condition; (b) has a battery; (c) has the necessary updates provided by Kolyy.

d) If the Customer does not install updates to the Smart Collar or does not check the condition of the Smart Collar, Kolyy will not be liable for the malfunctioning of the services included in the Subscription.

3. User Registration

a) The Customer must register in the Kolyy App to contract and use the contracted Service (hereinafter, the “Account”).

b) For registration, User details will be requested (such as: name, last name, email, phone, shipping address, and bank details) as well as the Smart Collar (such as: Smart Collar serial number, country of use for the smart collar, etc.) and their pet (such as: name, breed, age, sex, sterilization, weight, body condition, etc.) for the proper use of the Service (hereinafter, the “Registration Data”). The personal data of the User will be processed in accordance with Kolyy's Data Protection Policy (https://kolyy.com/es/política-cookies/).

c) The Customer declares and accepts: (i) to provide truthful, accurate, updated, and complete information regarding the Registration Data; (ii) not to disclose their password or identification code; (iii) to keep the Registration Data and any other information provided constantly updated, complete, and accurate. Kolyy reserves the right to verify accuracy in certain cases. Nicknames are not allowed.

d) Kolyy reserves the right to temporarily or permanently block the User's access to their Account at its discretion in case of well-founded suspicion of abuse or misuse (especially to register movement patterns of third parties) or when a breach of any provision of these GCC is detected, including failure to pay fees when due.

4. Contracting of the Subscription Plan

a) Once the User has registered in the Kolyy App, the Kolyy App will request the code of the Smart Collar (hereinafter, the "Code") to link their Account to the Smart Collar and contract the Subscription. The User, after entering the Code, will select the corresponding Subscription Plan — needing to select the payment interval and method of payment— by clicking on the relevant selection boxes or selecting from a dropdown menu. By clicking on the field "Bind Order" the User contracts the chosen Subscription Plan and will be redirected to the corresponding payment platform to make the payment, at which point the contract will be confirmed. Relevant information of the Subscription Plan will be reiterated to the User in a collected manner after the Order Acceptance by Kolyy.

b) The characteristics of the Subscription Plan are described on the Website and in the Kolyy App. The Subscription Plan can be for a monthly, quarterly or annual period, chosen by the User and its renewal will be automatic until cancellation as described in these GCC. Subscription Plans with different characteristics may be offered; we advise the Customer to carefully read the characteristics of the different subscription plans before contracting.

c) The selection of a Subscription Plan will be made at the time of contracting the Service through the Kolyy App according to the procedure established in this section. Kolyy may modify and add new subscription plans at any time. If the modification affects the contracted Subscription Plan, the provisions in section XII of the GCC “Modification of the General Conditions” will apply.

The prices specified on the Website and the Kolyy App for contracting the Service — according to the payment interval selected by the User — for the corresponding Subscription Plan are understood to be, unless expressly stated otherwise, inclusive of any applicable value-added tax.

e) Payment and billing cycle:

The first payment of the chosen Subscription Plan (“First Payment”) will be made at the time of activating the subscription (“Subscription Activation”) by the method of payment chosen by the User. Subscription Activation is understood as the moment when the Customer contracts the Subscription through the Kolyy App in the manner described in section VI.4.1.

The billing cycle of the Service will begin on the day of Subscription Activation.

- In the monthly subscription plan, the billing cycle will be monthly.
- In the quarterly subscription plan, the billing cycle will be quarterly.
- In the annual subscription plan, the billing cycle will be annual.

The subsequent periodic payments of the Subscription (“Periodic Payments”) will be made from the billing cycle following the Subscription Activation, charging the method of payment according to the billing cycle and in the amount of the Subscription Plan. For example, in the case of a Monthly Subscription Plan where the Subscription Activation took place on April 5, the First Payment will be made on April 5 and the Periodic Payments will be made on May 5, June 5, and so on.

f) The subscription to the Service will automatically renew at the end of the billing cycle of the Service according to the Subscription Plan (monthly, quarterly, or annually) chosen by the User, unless the User fails to pay for the renewal, in which case the subscription will automatically terminate at the end of the billing cycle paid for by the User or the service is canceled according to the provisions in section VI.7

g) In the event of total or partial non-payment of the initial payment or any of the periodic amounts due, an attempt will be made to charge the Customer's account up to a maximum of 3 times within a period of seven (7) days. If payment is not received within that additional period, Kolyy may terminate or suspend the User's access to and use of the Service, in whole or in part.

h) Kolyy will send the Customer the invoices corresponding to the amount due according to the Subscription Plan chosen by the Customer via the email provided at the contracting of the Service.

5. Commitments, obligations, and conduct rules of the User

a) To use Kolyy's Service, the User must use current technologies (browser) or allow their use (e.g., enabling JavaScript, cookies, pop-ups) or always use an updated Kolyy app. The interoperability list is available in the Product and Service description on the Website. If non-current technologies, non-current applications, or obsolete terminals are used, the User may not be able to use the Service in its entirety. Kolyy will make the Kolyy App available to Users compatible with the two latest updates of the major version for Android and iOS. Each time a new major version update for Android and iOS is released, Kolyy will have a reasonable period to make the Kolyy App compatible with that update.

b) The User must treat access data (the combination of email address and password) strictly confidentially and protect them from unauthorized access by third parties. They shall not disclose this access data to anyone, including Kolyy employees. When the User has reason to believe that third parties have become aware of their access data in any way, they are obliged to change their password immediately.

c) The User agrees to use the Service offered by Kolyy as intended and, while using it, to refrain from actions that may harm or endanger Kolyy, other Kolyy users, or third parties and/or that may restrict the availability of the Service for other users. The intended use also includes compliance with all notices, recommendations, and similar guidelines that Kolyy provides at the time of contract conclusion or later, on its homepage, in usage instructions, and/or in other documents made available to the User. The Smart Collars have been specially designed for the location of pets and should therefore only be used for that purpose. In some countries and regions, there are laws regarding the digital determination of location and the location of animals, people, and/or objects; only the Customer or User of the Smart Collar and Services will be responsible for complying with such laws or regulations. Kolyy shall not have any responsibility for the non-compliance with such laws due to the misuse of its Products or Services by the Customer or User.

d) Kolyy offers the User the possibility to add content to databases, communicate and interact with other users. The User guarantees that they will not abuse Kolyy's Service. In particular, the User must comply with the following rules:

i) The introduction of any personal data in the User's public profile is done at their own risk.

ii) It is also prohibited to publish data of third parties (e.g., creating a profile for a third party) without their consent or upload an image showing a third party without their consent.

iii) The User will be solely responsible for the contents stored in their profile. The User agrees to comply with all applicable legal provisions when publishing content in their profile, in particular, not to disseminate content, materials, information, and/or ethically unacceptable photographs, pornographic, obscene, racist, which exalt violence, downplay violence, radical right/left, offensive, or otherwise illegal.

iv) The User also agrees not to threaten or insult third parties and other users and not to violate their rights (personal).

v) The use of Kolyy Products for commercial purposes (e.g., advertising, promoting, and offering merchandise and services) is prohibited.

e) The User agrees to (a) use the Website and Kolyy Applications in accordance with the Terms of Use and, if applicable due to having downloaded the Kolyy App, the EULA; (b) not to interfere with the service processes by manipulating the software or accessing Kolyy's software through automated means; (b) not to access the location features of the Smart Collar or Kolyy's data by means other than those made available to the User under the corresponding Subscription Plan.

f) Regardless of any civil or criminal consequence, the User shall indemnify and hold Kolyy harmless from any damage — of any kind — and from all claims by third parties — of any kind — resulting from the User's breach of the obligations under this section.

g) In the event of breach by the User of these contractual conditions, Kolyy reserves the right, at its sole discretion and without prior notice, to (i) warn the User; (ii) delete the User's contents; (iii) temporarily or permanently block the User; (iv) terminate the contractual relationship; (v) delete the User Account; (vi) retain the amounts paid for the service by the Customer; and/or (vii) demand compensation for damages. The actions will be cumulative. The exercise of one or more of these actions will not prevent Kolyy from exercising another of these actions or other rights established in these GCC.

6. Service and availability

a) Online Tracking. The User has the option to consult location data through the Kolyy App to find and follow their pet's location, provided that they have contracted the Subscription that includes online tracking.

The data will be available in intervals of 1 minute, but there may occasionally be a slight delay in obtaining data for reasons beyond Kolyy's control, including but not limited to lack of coverage or weather factors.

b) Diagnoses the fitness of your pet. The Smart Collar records your pet's activity (number of steps, active time, idle time, and walks, as well as other information that may be recorded through the Smart Collar regarding your pet's fitness). The information is not considered veterinary advice or regarding your pet's state of health.

The information may be used anonymously for studies on the fitness of pets.

c) Kolyy does not guarantee continuous availability of its Service. Downtimes due to maintenance, software updates, and circumstances (such as technical problems in mobile data transmission, lack of network coverage, connection problems, problems with the availability of one or more mobile phone providers, third-party network failures, weather factors) that are not within Kolyy's direct control cannot be ruled out, and therefore Kolyy is not responsible in these cases for the interruption or malfunction of the Service. In these cases, the User may not assert any rights to compensation for damages and/or warranty for non-faulty failures.

d) In the event of interruptions caused by Kolyy to access to the Service for more than 72 hours, the User will only be entitled to a proportional reduction of the amount of the Subscription Plan. In the case of interruptions of less than 72 hours, the User will not be entitled to compensation.

e) Although the Subscription Plan is available indefinitely, Kolyy reserves the right to terminate the live tracking session if the current live tracking session is not continued or if the corresponding request is not renewed within a certain period of time to prevent abuse of the Service and to save battery consumption of the Smart Collar. The User can return to their session at any time.

7. Cancellation and early termination of the Service

a) The User can cancel online at any time through the Kolyy App section “Manage my subscriptions”, with a minimum notice of 15 days before the last day of the current billing cycle. If notice is given within the deadline, the cancellation of the Service will take effect on the last day of the current billing cycle; otherwise, the cancellation will take effect on the last day of the next billing cycle; in any case, the Customer may use the Service until its cancellation. No refunds will be made if the Service is not used. For example, if the current quarterly billing cycle runs from January 15 to April 15 and the Customer sends a cancellation request to Kolyy on February 25, the Service will be canceled on April 15. However, if the cancellation request is sent on April 10, the Service will be canceled on July 15.

b) Kolyy has the right to interrupt, suspend or resolve access to the Website, Kolyy App and/or use of the Service without prejudice to other rights and remedies of Kolyy detailed in these GCC, including the right to claim damages, as long as there is any of the following conditions: (i) the User breaches their obligations under these GCC; (ii) in the event of Kolyy's declaration of insolvency; (iii) if Kolyy's business is closed or liquidated.

c) The Service shall not be deemed canceled simply due to the lack of use of the Service or connection to the Kolyy Applications.

d) In the event that their Account is canceled for the reasons indicated in section VI.7.a. or VI.7.b.(i), the User will not be entitled to receive any refund as a result of the cancellation.

e) Once the Account is canceled for the reasons indicated in section VI.7.a. or VI.7.b.(i), or due to non-payment by the Customer, the Customer must return the collar associated with the canceled Account to Kolyy at the address provided by the company, without needing to do so in its original packaging, within a maximum period of 15 days.

e.i) The customer may send the collar to Kolyy by any shipping method they wish at their expense and responsibility.

e.ii) Kolyy will not be responsible for delivery issues or losses caused by a shipping method managed by the Customer.

e.iii) Kolyy will make available to the customer the option to contract a pickup service should they wish.

f) Failure to return the collar within the established deadlines, or returning it in poor condition, with signs of manipulation or improper use will grant Kolyy the right to receive financial compensation as described in point f.ii).

f.i) Damage or deterioration caused by the correct and normal use of the collar, such as superficial scratches, small dents, or damage to the textile part of the collar, are considered normal for a collar of this nature and will not be subject to penalties.

f.ii) The financial compensation will be calculated based on a total compensation of 200€ minus the total amount billed and paid by the Customer while they have kept their Account active.

f.iii) If the total amount billed and paid by the customer exceeds 200€, Kolyy will not claim any compensation in case of non-return of the collar under the conditions of section e).

g) After the termination of the Service, Kolyy will render the User's Account inaccessible, and Kolyy will not be obliged in any case to provide any content or other information or to convert or export such information, unless otherwise provided by law.

h) The Customer may activate a new Subscription at any time under the conditions applicable at the moment of contracting the new subscription. In no case will they be entitled to request the application of any bonus, promotion, or particular condition of the subscription that has been canceled.

VII. Prices, shipping costs, and payment methods

1. Prices are indicated in the Online Store and/or in the Kolyy App for each of the Products and/or Services. All prices indicated by Kolyy for the Products and/or Services are understood, unless expressly stated otherwise, in euros, including applicable value-added tax, but excluding import duties to third countries (countries outside the EU/EEA). Any fees, taxes, and/or duties that may arise from the export of the Product and/or Service outside the EU/EEA will be the Customer's responsibility.

2. Unless otherwise indicated at the time of purchase, the prices indicated in the Online Store do not include shipping costs. Shipping options will be communicated separately within the order process when contracting a Product. Shipping costs will always be paid by the Customer.

At this time, Kolyy only delivers the Smart Collar in Spanish territory and offers the Subscription in Spanish territory.

The Smart Collar can be activated in all member countries of the European Union (listed below), always subject to coverage and the operator of each territory. If a Customer wishes to activate the Subscription outside Spanish territory, they must contact Kolyy to activate the functionalities; if activation of the functionalities incurs costs for Kolyy, the Customer will be informed of the same, and Kolyy shall have the right to pass those costs onto the Customer.

List of EU countries: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, and Sweden.

3. Kolyy will only accept payments made via credit or debit card: PayPal, Visa, Visa Electron, MasterCard, and American Express. The charge will be made online, i.e., in real time, through the corresponding payment platform, once it has been verified that the provided data is correct, without prejudice to the provisions in section VI.4. for the case of recurring payment of the Service.

Kolyy uses a third-party payment processor to bill and process the payment for the Product and Service. The processing of payments and the personal data that the Customer enters into the payment platform are subject to the additional terms, conditions, and policies of the payment processor. Kolyy reserves the right to change or add third-party payment processors at its discretion.

The Customer may change the payment method entered for the subscription through the "Manage my subscriptions" section of the Kolyy App, which will redirect them to the payment platform to update the payment.

4. In any case, Kolyy reserves the right to modify and/or update the prices provided in the Online Store for contracting the Products and/or Services at any time without retroactive effects at its sole discretion. In the event of a change and/or price update in the Service, Kolyy will notify the Customer under the conditions established in point XII of Modification of the General Conditions. Any change and/or update in the prices of the Service will come into effect for the next billing cycle, once thirty (30) days have passed since Kolyy notified the Customer of such changes in accordance with point XII of Modification of the General Conditions.

5. Kolyy reserves the right to withhold the Products until payment has been verified. In case of delay in payment by the contracting party, Kolyy has the right, at its own discretion, to extinguish the contract and/or demand compensation for actual damages suffered or default interest at the legal rate. In case of delay in payment, the contracting party undertakes to reimburse Kolyy for the monitoring and collection costs incurred, provided they are necessary within the procedure. The claim for the right to other additional damages is not affected.

VIII. Delivery Conditions of Products and Services

1. Kolyy will only be obliged to deliver the Product and/or grant access to the Customer to the Service when the Customer has fulfilled all their obligations, especially payment of the purchase price, including any shipping costs.

2. In the Order Acceptance, the estimated date of delivery of the Product and/or access to the Service will be indicated, which in no case will exceed thirty (30) days from the Order Acceptance.

The period may exceptionally be longer in the case of pre-sales (see section XVIII "Sale of Pre-Sale Products") due to pre-sale circumstances.

3. If for any reason Kolyy cannot deliver the Product and/or provide access to the Service within thirty (30) days from the Order Acceptance or within the initially indicated delivery period, Kolyy will inform the Customer of such circumstance and will give them the option to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid.

4. The risk of the Product will pass to the Customer from the moment of delivery.

5. Delivery of the Product will be considered to have taken place when the Customer or a third party authorized by the Customer takes physical possession of the contracted Product, which will be evidenced by the signature of the receipt of the Product at the agreed delivery address. If, after 15 days from when their order is available for delivery and the order has not been delivered due to causes not attributable to Kolyy, it will be understood that the Customer withdraws from the contract and the contract will be deemed resolved.

6. Delivery of the Service will be considered to have occurred when the digital service is accessible to the User.

IX. Warranties and Responsibilities

1. Product

a) Legal warranty. In case of non-compliance of the Products sold by Kolyy, the Customer will have the right solely and exclusively to claim the applicable legal warranty at the time of delivery of the goods in Spain or, if not applicable, that of the country where the Product was delivered to the Customer. Unless the applicable law provides otherwise, in case of non-compliance of the Product, the Customer will have the right to choose between repair or replacement, unless one of these two options is impossible or entails disproportionate costs for Kolyy compared to the other corrective measure. Unless otherwise provided by law, the Customer may only request a price reduction and/or resolution of the contract under the legally established conditions in the event that repair or replacement is not possible.

To the extent permitted by law, Kolyy does not offer any other warranty on the Product.

b) Except to the extent prohibited by law, the Product is provided "as is" and "as available" with all its defects. Except as provided in these GCC or to the extent prohibited by law, Kolyy expressly denies all warranties of any kind, whether express or implied.

c) The Customer acknowledges and agrees that they must make good use of the Smart Collar, and that the legal Warranty will not cover damages that may be caused by the misuse of the Smart Collar by the Customer or their pet. Misuse will include, among other things, the presence of bumps, scratches, bites, moisture in the Smart Collar.

d) The Smart Collar incorporates a battery. The battery incorporated is a standard 500 cycle battery. A cycle is a period in which a battery discharges below a certain level and then is recharged. After 500 charge cycles, the battery may decrease in performance.

2. Services, Website, Online Store, and Kolyy Applications

a) Kolyy will provide the Service in accordance with generally recognized commercial practices and standards and will adequately and reasonably inform of any problem related to the Service. If the Service is provided in the European Economic Area, Switzerland, or the United Kingdom, Kolyy commits to comply with all legal warranties required by applicable law. If the Service is not compliant, the User will have the right to demand that it be put into conformity. Unless otherwise provided by law, the Customer may only request a price reduction and/or resolution of the contract under the legally established conditions in the event that putting the Service into conformity is not possible.

To the extent permitted by law, Kolyy does not offer any other warranty on the Service.

b) Although Kolyy does everything possible to provide the User with a secure data connection, Kolyy assumes no responsibility for the fact that data transport through foreign systems, especially through the Internet or telecommunications networks, may be intercepted, recorded, or falsified by third parties.

c) The use of the Website, Online Store, Kolyy Application and/or Service by the User is done exclusively at their own risk and voluntarily. This applies without limitation to:

i. the hardware used, including, but not limited to, the corresponding smartphone or browser;

ii. the download of content from and through the User; and

iii. any employment by the User of the data created by Kolyy or made available by Kolyy. The User expressly acknowledges that such data may be inaccurate and that Kolyy, to the extent permitted by law, assumes no responsibility for the accuracy of such data.

d) Kolyy does not provide any warranty or representation that the Website, Online Store, Kolyy Application, and/or Service will meet or may meet the User's requirements or expectations regarding purpose, quality, suitability for any particular purpose, compatibility with the User's systems, updates beyond a reasonable period, or that the tool will always be available, completely error-free, or that all information provided will be completely accurate.

e) Additionally, Kolyy assumes no responsibility for external links, advertisements, or other information and advertising offers that may be placed for the User. Legal transactions initiated between the User and a third-party provider (e.g., through linked pages or ads) will lead to contractual relationships solely between the User and the third-party provider. Kolyy assumes no responsibility for the services of third parties.

f) Except in cases mandatory by law, Kolyy will not be liable for damages resulting from the use of content accessible through the Website, Online Store, Kolyy Application, and/or online and mobile Service. This also applies to damages caused by errors, problems, viruses, or data loss.

g) The User indemnifies Kolyy from all third-party claims against Kolyy due to an infringement of their rights by content published by the User within the Website, Online Store, Kolyy Application, and/or Service or by any other use of the applications made available through Kolyy. In this case, the User will assume the costs of necessary or only appropriate legal defense for Kolyy, including all judicial and legal fees by the legally due amount. This does not apply if the legal infringement of the law is not attributable to a culpable behavior of the User.

h) In the event of claims from third parties, the User is obligated to inform Kolyy immediately, truthfully and fully of all information that they have at their disposal and that may be necessary for the examination of claims and for a defense. Other rights to compensation for damages of Kolyy towards the User shall not be affected.

i) The User declares and guarantees to Kolyy that:

- they have the power and authority to accept these GCC;

- they will not use the Website, Online Store, Kolyy Application, and/or Service in a manner that infringes the rights of Kolyy or third parties, including, among other things, intellectual property rights or rights regarding privacy protection;

- all information of the Account they provide will be complete, accurate, and up to date when provided, and will be updated as necessary to ensure it remains complete, accurate, and up to date;

- all information they provide to Kolyy or its employees and/or affiliates is accurate, complete, and true when provided;

j) Except to the extent prohibited by law, the Service is provided "as is" and "as available" with all its defects. Except as provided in these GCC or to the extent prohibited by law, Kolyy (i) expressly denies all warranties of any kind, whether express or implied, and in particular, without limiting the generality of the foregoing, Kolyy does not offer any warranty that the Service or Kolyy Application will meet its requirements or that the Service or Kolyy Application will be uninterrupted and error-free; (ii) does not offer a warranty for the results that may be obtained through the Service. No type of advice or information oral or written obtained through the Service, Kolyy Application or from Kolyy shall be considered as a representation or warranty. Without limiting the foregoing, Kolyy will not be liable for any loss of data or other content, operational failure, error, accident, or other adverse effects that may occur arising from the User's use of the Service, the Website, the Online Store, or the Kolyy Application.

3. Bank Payments. Payments for Products and/or Services are made through third-party payment platforms. Kolyy assumes no responsibility for the operability, functionality, use, loss, or theft of bank data that may result from use of payment platforms.

4. Disclaimer. EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE AND TO THE EXTENT PERMITTED BY APPLICABLE LEGISLATION, KOLYY SHALL NOT BE LIABLE IN ANY CASE FOR (A) DAMAGES FOR LOSS OF INCOME, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF INTEREST, SAVINGS NOT MATERIALIZED, LOSS OF TRADE SECRETS, LOSS OF USE, INACTIVITY EXPENSES, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, DAMAGES ARISING OUT OF THIRD-PARTY CLAIMS, OR LOSS OF DATA AND PROGRAMS AND THEIR RESTORATION RELATED TO THE USE OF THE PRODUCT, SERVICE, WEBSITE, ONLINE STORE AND/OR KOLYY APPLICATION; NOR (B) IN THE CASE OF DAMAGES CAUSED BY INCORRECT OR IMPROPER USE OF THE PRODUCTS OR THE SERVICE BY THE CUSTOMER OR THIRD PARTIES. IN THE EVENT OF SLIGHT NEGLIGENCE, KOLYY'S LIABILITY IN ANY CASE WILL BE LIMITED TO PERSONAL INJURIES. KOLYY'S MAXIMUM TOTAL LIABILITY IS LIMITED TO THE PRICE OF THE PRODUCT OR ONE YEAR OF THE SERVICE, TO THE EXTENT PERMITTED BY APPLICABLE LEGISLATION.

X. Right of Withdrawal

1. The Customer, who is considered a "consumer" according to the General Law for the Defense of Consumers and Users, may withdraw from a contract concluded outside the business premises or from a distance contract within a period of fourteen (14) days.

2. The withdrawal period begins:

a) in the case of contracts for the delivery of Products: the day on which the Customer or a third party designated by them who is not the carrier acquires possession of the Products. In the case of a contract for multiple Products ordered in the same order and delivered separately, the withdrawal period will begin from the day on which the Customer or a third party designated by them who is not the carrier acquires possession of the last Product.

b) in the case of acquisition of the Service: the day of contracting the Service, understood as the moment when the User receives the Order Acceptance from Kolyy or the moment of the First Use of the Service, whichever occurs first.

3. It will be sufficient for the Customer to have sent the withdrawal declaration within the period by addressing Kolyy through written communication to the following email address: support@kolyy.com.

To exercise the right of withdrawal, the Customer may use the sample withdrawal form that appears at the end of these GCC.

4. Once the right of withdrawal has been exercised:

a) Return of the Product. The Customer must return the Product by mail or, at the Customer's choice, via courier to c/ Ramon Escayola 20, Sant Cugat del Vallés, 08197, without any undue delay and, in any case, no later than 14 calendar days from the date they communicated their decision to withdraw from the Contract. The Customer must return the Product in its original packaging to avoid damage during shipping. The return costs of the Product to the address indicated by the method chosen by the Customer will be borne by the Customer.

b) Interruption of the Service. Kolyy will cancel the User Account and the User's access to the Service.

5. Refund. Kolyy must refund the payments made by the Customer one by one against the return of the Products or corresponding proof of return of the Products, including delivery costs (with the exception of additional costs arising from the consumer having chosen a delivery method other than the most economical standard delivery offered by Kolyy).

In the case of delivery addresses outside the EU, the Customer must reimburse Kolyy for any special tax/custom duties triggered by the return and charged to Kolyy.

6. The Customer will be liable for the reduction in value of the Product resulting from handling that is different from that necessary to establish its nature, characteristics, or functioning. In case the Product is damaged, Kolyy will duly inform the Customer and may retain the amount necessary to repair the Product from the amounts to be refunded to the customer.

XI. Intellectual Property Rights

1. The User will not obtain, by virtue of the use they make of the Product, Service, Website, Online Store, and/or Kolyy Application, any rights of ownership over copyright, patents, trade secrets, trademarks, or any other intellectual property rights belonging to Kolyy. They must not apply reverse engineering, decompile, or disassemble the Product or the Service, except and only to the extent that doing so is mandatory under applicable law, without prejudice to this limitation or what is expressly stated in these GCC.

2. All copyrights and other intellectual or industrial property rights or any other rights of any kind related to the contents or aspects of the Website, Online Store, Kolyy Application, and/or Products and Services belong to Kolyy ("Intellectual Property Rights"). These Intellectual Property Rights are protected by intellectual property laws and applicable international treaties in Spain and worldwide, and rights over them are expressly reserved. Any use of the contents of the Website, Kolyy Application, Products, and Services that is not expressly authorized in these GCC, the Website Terms of Use, or the EULA of the Kolyy Application is prohibited.

3. The User acknowledges that Kolyy is the legitimate owner of the trademarks, trade names, and other names and/or distinctive signs on the Website, Online Store, Kolyy Application, Products, Services, and their accessory elements (hereinafter, "Kolyy Brands"). The Customer will not register or use any domain on the Internet containing any Kolyy Brand in whole or in part or any other name that may cause confusion due to its similarity or may in any other way violate Kolyy's industrial property rights. The User must not use meta tags or any other form of hidden text that uses any name, trademark, or product or service name of Kolyy without the prior written consent of Kolyy. Additionally, the appearance and style of the Product, Service, Online Store, Website, and Kolyy Applications (including all page headers, custom graphics, button icons, and scripts) are the service mark, trademark, and brand image of Kolyy and must not be copied, imitated, or used (in whole or in part) without the prior written permission of Kolyy.

4. The User shall not, directly or indirectly, copy, decrypt, electronically scan, decompile or derive source code of any intellectual and/or industrial property owned by Kolyy to which they have access by virtue of the Kolyy Products and/or Services or perform reverse engineering on the design and function of the said intellectual and/or industrial property. Furthermore, the User agrees to promptly and effectively inform of any infringement or well-founded fear of infringement by Users or third parties that may affect Kolyy's legitimate interests of which the User may become aware.

5. Notwithstanding the provisions, no aspect of the contents of the Website, Online Store, Kolyy Application, Products, and Services may be reproduced or archived in any website nor may it be entered into another filing and information retrieval system or service delivery without the prior written consent of Kolyy.

6. Any use of the Website, Online Store, Kolyy Application and/or Products and Service made without prior written authorization and not authorized in these GCC is expressly prohibited. Such unauthorized use may also violate applicable laws, including, by way of example, laws governing copyright, trademark protection, and other regulations regarding communications or personal data protection. We reserve the right to suspend any User accounts that we consider to have violated the law or applicable regulations.

7. Nothing in the provisions of these GCC can be interpreted as granting licenses on intellectual property rights, either implicitly or as a concluding fact.

XII. Modification of the General Conditions

1. Kolyy reserves the right to modify or update, in whole or in part, these GCC or any part, version, or function of the Service and promotions at any time (“Modifications”) to (a) reflect changes in Kolyy technology or other Kolyy or third-party systems; (b) reflect adjustments introduced in the Service and/or implement new Service offers; (c) reflect changes in delivery conditions, pricing, and other relevant circumstances of Products and/or Services; (d) reflect changes in regulatory requirements or legislative changes; or (e) any other valid reason.

2. Kolyy will notify the User through the Website, Online Store, and Kolyy App where a notice will appear that it will be necessary to accept to continue using it. If the User accepts the changes introduced to the GCC, they will be considered accepted. Kolyy may also send a notification of the Modification to the email address provided when contracting the Service.

3. The Modification will take effect thirty (30) days after publication or notification to the User in accordance with the above.

4. Continued use of the Service after the modification comes into effect will indicate acceptance by them of the Modification.

5. In the event that the User wants to oppose the change of General Conditions, they must cancel the use of the Service in accordance with section VI.7.a) of these GCC.

6. The latest version of the GCC will always be available on the Website, Online Store, and Kolyy App in a visible and freely accessible place. Please ensure to check for updates to the GCC each time you use the Website, Online Store, and/or Kolyy App. In any case, acceptance of the GCC will be a prior and indispensable step for the contracting and use of the Products and/or Services.

XIII. Assignment of Rights and Subcontracting Obligations.

1. The User may not assign and/or transfer the rights and obligations related to these GCC without the prior express written authorization from Kolyy.

2. Kolyy reserves the right to subcontract other individuals or legal entities to fulfill the obligations derived from these GCC without the prior authorization of the Customer.

XIV. Notifications

1. All communications between Kolyy and the User regarding these GCC will be made in writing and in accordance with the communication procedures established in these GCC for each particular case.

2. For other cases not expressly regulated in these GCC, communications that the User intends to send to Kolyy will be directed to the email address support@kolyy.com, always in writing and by a system that allows to prove the content and receipt by Kolyy of the corresponding communication.

3. It is the Customer's or User's responsibility to notify Kolyy of changes to their private or commercial address while the contract is in force. If the notification is omitted, the statements will also be considered as received if sent to the last known address.

XV. Compliance with the law and export laws

1. The Customer agrees to comply with all applicable legislation and regulations. Without prejudice to the foregoing, they are responsible for compliance with the export control legislation of Spain and other countries where applicable (“Export Laws”). They will comply with all export laws to ensure that the Products and the Service, as well as any related material, including but not limited to technical data, are not (1) exported or reexported, directly or indirectly, in violation of export laws, or (2) used for a purpose prohibited by export laws.

2. Without prejudice to the foregoing, they agree that the Product and Services cannot be (infringing the export laws or other applicable legislation or regulations) exported or reexported (i) to any country subject to an embargo by Spain and the EU, or (ii) to any person who is on Spain's and the EU's specially designated persons list. They declare and guarantee that they are not a resident of any such country and are not on any of those lists.

XVI. Partial Invalidity

1. If any provision of these contractual conditions has no legal effect, is invalid and/or void, now or in the future, this will not affect the legal effectiveness or validity of the other provisions. In this case, the contracting parties agree to replace the provision without legal effect, invalid and/or void (at that time or in the future) with a provision that has legal effect and is valid and whose economic impact corresponds to the replaced provision, as long as it is possible and permitted by law.

XVII. Applicable Law and Jurisdiction

1. Unless contrary to binding mandatory legislation, these GCC are governed by Spanish law.

2. For the resolution of any judicial dispute arising from the interpretation and/or fulfillment of these GCC, the parties, waiving any other general or special jurisdiction that may correspond to them, submit to the Courts and Tribunals of Barcelona. However, if any of the parties is considered a “Consumer,” pursuant to the provisions of the General Law for the Defense of Consumers and Users, the aforementioned submission clause will not apply, but the competent jurisdiction will be that which at each moment corresponds based on that consideration.

XVIII. SALE OF PRE-SALE PRODUCTS

1. Kolyy may offer in the Online Store Products and/or Services that are not yet available (“Pre-sale”). In such case, Kolyy will adequately inform the Customer that the Products are in Pre-sale and provide an estimated availability date.

THE CUSTOMER RECOGNIZES AND ACCEPTS THAT THEY ARE RESERVING A PRODUCT IN PRE-SALE AND THAT THE DELIVERY TIME IS ESTIMATED AND MAY BE MODIFIED.

2. The sale of Products and Services in Pre-sale will be regulated, as applicable, by these GCC and in particular by this section. In case there is any contradiction, this section will prevail over other sections concerning Products and/or Services in Pre-sale.

3. The Pre-sale order is placed in the following steps:

a) Selecting the desired Product and Service by adding it to the shopping cart by clicking the corresponding icon;

b) To place the order, the entry of the shipping address/contact information (name, last name(s), street and number, postal code, city, country, email address, phone number for the carrier to contact if necessary), as well as a different billing address where applicable; and choice of the shipping method and payment method. The personal data provided by the Customer will be processed in accordance with the provisions of our Data Protection Policy (https://kolyy.com/es/politica-de-privacidad/);

c) Before finalizing the order, a summary will be presented to the Customer identifying the Product and/or Service added to the shopping cart, its total price (including transport and taxes) with each concept itemized and the shipping details of the order. The delivery date indicated when placing the order is estimated and depends on the availability of the Product by Kolyy. After verifying the order details in the shopping cart, the Customer must confirm the order by clicking the “confirm payment” button (“Order Confirmation”)

d) If the Customer detects an error in their order before the Order Confirmation, they can modify it by clicking on the “Edit” or “Delete” section. If an error in their order is detected once the Order Confirmation process is finalized, the Customer must contact Kolyy by email at support@kolyy.com;

e) After the Order Confirmation, the Customer will be redirected to a payment platform to make the payment as provided in section VII "Prices, shipping costs, and payment methods."

f) By confirming the order, the Customer acknowledges and accepts the pre-contractual information available on the Website or in the Kolyy App and these GCC as decisive for the contractual relationship with Kolyy.

g) Kolyy will send the Customer acknowledgment of receipt of the Order Confirmation. The acknowledgment of receipt of the Order Confirmation will be considered a reservation of the Product for when it is available and will not constitute acceptance of the order by Kolyy.

4. Acceptance of the Order and delivery. Once the Product and/or Service in Pre-sale is available, an Order Acceptance will be sent to the Customer, informing them of the delivery period of the Product and/or Service which, in any case, shall not exceed 30 days from the Order Acceptance. The contract is understood to be perfected by the Order Acceptance.

5. Delay. Kolyy will make reasonable efforts to deliver the Product on the estimated availability date. However, in the event that, for reasons beyond Kolyy's control, the Product in Pre-sale is not available on the estimated availability date, Kolyy will inform the Customer as soon as it becomes aware of such delay, giving the Customer the option to either (i) withdraw from the pre-sale purchase with a refund of the amounts paid; or (ii) wait for the new estimated delivery date provided by Kolyy.

In case of opting to withdraw from the pre-sale purchase, the Customer must send a written request to Kolyy and Kolyy will proceed to refund the amounts previously paid by the Customer within a reasonable time. The Customer will not have the right to claim any compensation for the delay in Pre-sale Products and/or Services.

In case of no response, it will be understood that the Customer accepts the new estimated delivery date.

6. In the case of mixed orders comprising Products corresponding to the usual purchase process and Pre-sale Products, Kolyy reserves the right to make partial and separate deliveries of the Products within different periods.

Download the pdf of the withdrawal form.