This Agreement is entered into by WhatsGoodApps LLC (“WhatsGoodApps,” “We,” “Us,” or “Our”), the developer of the Talk To Your Dog app service (the “App,” “Service,” or “Services”), and the entity or person agreeing to these terms (the “Customer,” “You,” or “Your”), and governs the Customer’s access to and use of the Services.
For purposes of this Agreement, “Assets” means any Dog-to-Human analysis, estimated emotion, need, intention or social signal, bark or vocalization classification, body-language observation, written explanation, confidence indicator, Human-to-Dog cue, AI-generated bark, vocalization or other audio, dog profile, profile image, history entry, personalized result, feedback-based adjustment, report, graphic, image, data, software component, or other content or information generated, provided, or made available through the Services, whether created by Us, generated by automated systems, submitted by You, or supplied by third parties.
This Agreement is effective when You are presented with this Agreement and proceed to use the Services (the “Effective Date”) or receive, access, download, share, or distribute Assets. These terms may be updated and presented again from time to time. Continued use of the Services after updated terms become effective constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.
Service Description
The App may allow You to record live audio or video, upload audio or video, or use Your device camera and microphone to submit recordings of a dog. The App may use automated systems to analyze audible vocalizations, available visual information, user-provided context, and other submitted information to estimate a dog’s likely emotional state, need, arousal level, or social signal (“Dog-to-Human Analysis”).
The App may also allow You to speak or type a short message, identify or select a broad communication intention, and generate a dog-inspired bark, vocalization, or other audio cue intended to reflect a general emotional or social signal (“Human-to-Dog Cue”). Supported intentions may include play, greeting, reassurance, attention, calmness, or positive excitement. Available functions, supported categories, and output formats may vary by device, plan, location, or version of the App.
The App may allow You to create one or more dog profiles that include a dog’s name, breed or mix, age, size, sex, notes, and a profile image. A profile image is not required to depict a dog and may depict another lawful subject or object, provided that You have all necessary rights and permissions to upload and use the image.
Service Availability and Quality
We are constantly improving the Services. The Services are subject to modification, interruption, suspension, and change. No guarantees are made with respect to the Services’ quality, availability, stability, uptime, accuracy, compatibility, or reliability. Features, categories, supported file types, plan benefits, usage limits, and technical requirements may change from time to time. Please do not create dependencies on any attribute of the Services. To the fullest extent permitted by law, We will not be liable for harm caused by Your dependency on the Services.
Age Requirements
By accessing the Services, You confirm that You are at least 18 years old and meet the minimum age of digital consent in Your country. The Services are intended only for adults. You may not use the Services if You are under 18 years old.
If You are a parent or legal guardian and believe that a minor has accessed or used the Services, please contact Us so that We may take appropriate action.
Your Information
By using the Services, You may provide Us or Our service providers with information such as Your email address, user name, subscription or transaction information, dog profile information, profile images, audio, video, live camera or microphone input, typed or spoken messages, behavioral context, app history, feedback about an analysis, information about how a dog responded to a generated cue, and other information that You submit. Please see Our Privacy Policy for information about how data is collected, processed, used, transmitted, retained, and disclosed.
No Literal Translation
The App does not literally translate barking or other canine vocalizations into human language. Labels or statements displayed by the App, including statements such as “I want to play,” “I need attention,” “I am excited,” “I am nervous,” or similar wording, are simplified AI-generated interpretations of possible emotions, needs, arousal levels, contexts, or social signals. They are not the dog’s actual words, thoughts, intentions, beliefs, or mental state.
The App also does not translate arbitrary human sentences into a scientifically established canine language. A Human-to-Dog Cue is a dog-inspired, AI-generated audio output designed around a broad intended emotional or social category. It is not a word-for-word translation, and there is no guarantee that any dog will understand the cue, understand it as intended, or respond in any particular way.
You may not represent any Dog-to-Human Analysis or Human-to-Dog Cue as a scientifically verified, definitive, exact, or guaranteed translation.
Scientific Rationale and Limitations
Canine vocalizations may contain information associated with emotional state, arousal, identity, social context, or immediate circumstances. However, dogs do not use barking as a known word-for-word language equivalent to human speech. The meaning and significance of a vocalization may vary based on the individual dog, breed or physical characteristics, age, health, temperament, training, prior experiences, surrounding environment, body language, familiarity, and the event occurring at the time.
The same or similar bark may occur in different contexts and may carry different meanings. Important information may not be present in a recording. A Dog-to-Human Analysis is an estimate based on the available input and may be inaccurate, incomplete, inconsistent, subjective, unsuitable, or misleading.
Informational, Entertainment and No Professional Advice Disclaimer
The Services and Assets are provided for general informational, exploratory, and entertainment purposes only. They do not provide veterinary, medical, emergency, animal behavior, dog-training, safety, legal, or other professional advice and are not a substitute for evaluation or advice from a licensed veterinarian, emergency veterinary provider, qualified trainer, certified applied animal behaviorist, veterinary behaviorist, or other qualified professional.
You must not use the App to diagnose pain, illness, injury, anxiety, aggression, or any medical or behavioral condition; determine whether a dog needs emergency care; determine whether a dog is safe around a child, adult, or animal; predict whether a dog will bite, attack, flee, or behave safely; or decide whether physical contact with a dog is safe.
An App result must never override signs of pain, injury, breathing difficulty, poisoning, severe distress, unusual behavior, aggression, loss of consciousness, choking, bleeding, or another possible emergency. Contact a veterinarian or emergency veterinary provider promptly when appropriate.
Animal Behavior and Playback Safety
Animal behavior is unpredictable. A dog may ignore, misunderstand, investigate, search for the apparent source of, bark at, become excited by, become fearful of, become stressed by, or react defensively or aggressively to a Human-to-Dog Cue or other playback. Reactions may differ among dogs and may change over time.
You are solely responsible for deciding whether, when, where, and how to play generated audio. Begin playback at a low volume, keep the device a safe distance from the dog’s ears, supervise the dog, maintain control of the surrounding environment, and stop playback immediately if the dog appears fearful, stressed, agitated, defensive, aggressive, or uncomfortable. Do not use generated audio around a dog known or suspected to have noise sensitivity, a history of aggression, or a medical or behavioral condition without first consulting an appropriate professional.
The App is not a training device, safety device, restraint, recall system, emergency system, or substitute for responsible supervision. You assume all risks arising from playback, including bites, scratches, falls, escapes, conflicts between animals, property damage, noise complaints, training setbacks, and injury or distress to people or animals.
Restricted and Unavailable Vocalizations
The App is not intended to generate aggressive, threatening, territorial, distress, panic, pain, attack-oriented, animal-fighting, or similarly dangerous or harmful vocalizations. We may block, refuse, limit, remove, or discontinue any requested message, category, prompt, output, or feature that We believe may create safety, animal-welfare, legal, or abuse concerns. No user is entitled to any particular generated cue or category.
User Content
The App may allow You to record, upload, transmit, or submit audio, video, photographs, profile images, live camera or microphone input, spoken or typed messages, dog profile information, behavioral context, feedback, reported dog reactions, and other materials (collectively, “User Content”). You represent and warrant that You own or have all necessary rights, permissions, and consents to record, upload, submit, transmit, process, and analyze all User Content through the App.
User Content may incidentally include other people, private conversations, residences, minors, license plates, personal information, or other protected content. You are solely responsible for obtaining any consent required by applicable audio-recording, video-recording, privacy, publicity, intellectual property, animal-welfare, or other laws before capturing or submitting such content.
You retain ownership of Your User Content. You grant WhatsGoodApps and its service providers a non-exclusive, worldwide, royalty-free license to host, transmit, reproduce, process, analyze, and create outputs from User Content solely as reasonably necessary to provide, maintain, secure, support, and operate the Services, including generating analyses, cues, explanations, history entries, and personalized results. The use of feedback to improve the Services is addressed separately below.
You are solely responsible for User Content and for ensuring that Your capture, upload, submission, use, and sharing of User Content and related Assets comply with all applicable laws and do not violate the rights of any third party.
User Feedback, Personalization and Service Improvement
The App may invite You to indicate whether a Dog-to-Human Analysis appeared accurate, describe or select how a dog responded to a Human-to-Dog Cue, correct an apparent interpretation, or provide similar feedback (“Feedback”). We may use Feedback to personalize Your experience or results, evaluate performance, improve outputs, improve models or algorithms, develop features, or improve the Services generally.
Only Feedback, and not Your raw audio, video, profile images, or other User Content, will be used for the purpose of improving results or the Services, unless We first obtain any additional consent required by applicable law or update Our practices and Privacy Policy as permitted by law. Feedback may be associated with Your account or dog profile for personalization and may also be aggregated or de-identified for general improvement.
Personalization is experimental. Feedback may not improve an analysis, cue, or future result and may sometimes make a result less useful or unsuitable. We do not guarantee that Feedback will be implemented or that personalization will be available on every plan, device, or version.
Artificial Intelligence and Third-Party Processing
The App may use artificial intelligence, machine learning, audio analysis, computer vision, speech recognition, natural-language processing, generative audio, algorithms, and other automated technologies to process User Content and generate Assets. The App may transmit User Content, portions of User Content, extracted information, messages, prompts, or related data to third-party AI, cloud-computing, hosting, speech, audio, video, analytics, or other service providers for processing as described in Our Privacy Policy.
Automated systems may contain errors and may fail to identify relevant context. The App may confuse barking with growling, whining, human imitation, television or speaker audio, background noise, another animal, or another dog. It may misidentify which dog produced a sound, particularly when multiple dogs or animals are present. AI-generated outputs may be unexpected, inconsistent, incomplete, inaccurate, or unsuitable.
Recording Quality and Accuracy Limitations
The accuracy and usefulness of an analysis may depend on recording length, microphone quality, camera quality, file quality, distance, volume, wind, echo, distortion, compression, background noise, music, television, human speech, multiple dogs, other animals, edits, filters, framing, resolution, focus, lighting, camera angle, obstructions, whether the dog is visible, completeness of body language, and whether relevant context is supplied.
Short, incomplete, low-quality, edited, altered, misleading, mislabeled, or improperly captured recordings may result in inaccurate or less useful outputs. WhatsGoodApps is not responsible for errors or reduced usefulness caused by recording conditions, missing context, device limitations, user input, or failure to follow recording or playback instructions.
No Guarantee of Results
We do not guarantee that the App will correctly identify a dog’s emotion, need, intention, arousal level, behavior, or context; that a generated cue will reflect the selected intention; that a dog will hear, understand, obey, enjoy, or respond positively to any cue; that repeated use will improve communication; or that the Services will improve behavior, training, bonding, safety, animal welfare, or any other outcome.
Results may vary significantly between dogs and circumstances. Confidence labels or percentages, if provided, are estimates generated by automated systems and are not guarantees of accuracy or reliability.
Dog Profiles and Profile Images
The App may permit one or more dog profiles, and the number of available profiles may vary by free or paid tier. Profile information may be used to organize history, customize the interface, or personalize results. Breed, age, size, sex, profile history, or other profile information does not guarantee an accurate analysis or cue.
You are responsible for selecting the correct profile and keeping profile information accurate. A profile image may depict a dog, person, animal, object, artwork, or another lawful subject. You may not upload a profile image unless You have all rights, permissions, and consents required for its use.
Free Service, Paid Tiers, Subscriptions and Usage Limits
The App may be available free of charge with limited functionality and may offer paid subscription tiers. Each paid tier may be offered through monthly and annual subscription options. Functionality, supported features, Dog-to-Human Analyses, Human-to-Dog Cues, dog profiles, history, personalization, media types, output variations, priority, or other benefits may be limited or may differ by tier.
The free tier and each paid tier may include limited numbers of Dog-to-Human Analyses, Human-to-Dog Cues, dog profiles, generations, uploads, recordings, or other uses during a period selected by Us. The applicable usage period may be daily, weekly, monthly, per billing period, or another period stated in the App or applicable marketplace. Exact limits, reset periods, features, plan names, and prices may be displayed in the App or applicable marketplace and may change prospectively as permitted by law and platform rules.
All usage allowances are use-it-or-lose-it. Any unused analysis, cue, generation, upload, profile allowance, or other usage entitlement expires at the end of the applicable usage period. Unused allowances do not roll over, accumulate, transfer between periods or accounts, convert into cash, credit, refunds, or other value, or extend a subscription.
We may impose reasonable technical, safety, anti-fraud, anti-abuse, capacity, security, or fair-use restrictions on any plan, including a plan described as providing extensive or unlimited use. We may refuse or delay processing, restrict unusually burdensome or automated use, or adjust prospective usage limits to protect the Services and other users.
Subscriptions are initially expected to be offered through Apple in-app purchase. We may offer subscriptions through Google Play in the future. Subscriptions generally renew automatically unless canceled through the applicable marketplace before renewal. Subscription billing, renewals, cancellations, and refunds are subject to the terms and procedures of the marketplace through which the subscription was purchased. Deleting the App does not cancel a subscription. You are responsible for managing or canceling Your subscription through Your marketplace account.
Except where required by law or marketplace policy, payments and subscription charges are nonrefundable and no refund or credit is provided for partially used subscription periods, unused allowances, failure to use the Services, or deletion of the App.
Generated Audio, Sharing and Attribution
Subject to Your compliance with this Agreement, We grant You a limited, non-exclusive, non-transferable, revocable license to play, download, save, and share Human-to-Dog Cues and other generated audio made available to You through the App for lawful personal and noncommercial purposes, unless the App expressly permits another use.
When You publicly share, post, publish, or distribute generated audio outside the App, You must provide reasonable attribution to the App, such as “Created with Talk To Your Dog,” “Generated by Talk To Your Dog,” or a substantially similar credit, where technically and reasonably practicable. You may not remove an attribution, watermark, metadata notice, or other source identifier that the App applies to an Asset.
Generated audio may not be unique and may be identical or similar to audio generated for other users. No ownership, exclusivity, trademark, copyright, or other intellectual property right in any naturally occurring animal sound, general vocal style, or non-protectable element is guaranteed. You may not sell generated audio as a standalone sound library, use it to train or develop a competing model or service, falsely claim that it is a scientifically verified translation, or use it in a misleading, harmful, unlawful, or animal-abusive manner.
Data Storage, History and Loss of Content
Dog profiles, profile images, recorded or uploaded audio and video, analyses, generated cues, Feedback, history, and related Assets may be stored locally on Your device to provide App functionality and convenience. Content may also be transmitted to third-party service providers for processing as described in the Privacy Policy. WhatsGoodApps does not guarantee permanent storage, backup, synchronization, availability, or recoverability of any User Content or Asset.
If You delete the App, clear the App’s data or local storage, lose or replace Your device, lose access to Your device, or Your device data is lost, corrupted, reset, or otherwise unavailable, locally stored User Content, dog profiles, profile images, recordings, analyses, cues, Feedback, history, and other Assets will be permanently lost. Reinstalling the App may not restore such content. You are responsible for exporting or maintaining any copies You wish to keep.
Prohibited Uses
We reserve the right to suspend, restrict, or terminate Your access to the Services at any time and for any reason permitted by law, including suspected safety, abuse, fraud, or Terms violations.
You may not:
Use the Services for competitive research or to build, train, improve, or operate a competing product, model, dataset, or service;
Record, upload, transmit, or submit content that You do not have the right, permission, consent, or lawful authority to use;
Record another person, private conversation, residence, or protected location in violation of applicable consent, privacy, or recording laws;
Upload or distribute content that is unlawful, infringing, harmful, abusive, harassing, hateful, defamatory, obscene, sexually explicit, exploitative, invasive of privacy, or otherwise objectionable;
Upload or distribute graphic animal cruelty, unlawful animal-fighting material, sexual content involving animals, or content that depicts or encourages abuse, neglect, injury, torment, or exploitation of an animal;
Use the Services or generated audio to provoke, frighten, threaten, agitate, torment, abuse, harass, injure, or endanger a person or animal;
Use generated audio to encourage or facilitate attacking, fighting, aggressive guarding, unlawful hunting, dangerous pursuit, or other harmful animal behavior;
Play audio at an unsafe volume, place a device or speaker directly beside an animal’s ears, or continue playback after an animal shows signs of fear, stress, agitation, defensiveness, or discomfort;
Use an Asset as the sole basis for veterinary, medical, emergency, animal-behavior, training, safety, or other important decisions;
Use the Services to determine that a dog is safe, nonaggressive, healthy, not in pain, suitable for contact, or unlikely to bite or attack;
Misrepresent an Asset as professional advice, scientific fact, a literal or definitive translation, or a guaranteed predictor of animal behavior;
Reverse engineer, decompile, disassemble, or attempt to extract the underlying source code, algorithms, models, prompts, training data, or systems used in the Services;
Use automated tools, bots, scripts, scraping, bulk downloading, or unauthorized interfaces to access, interact with, or extract data from the Services;
Share Your account or allow multiple users to access paid benefits through a single account except as expressly permitted by Us;
Circumvent or attempt to circumvent usage limits, subscription restrictions, safety controls, content filters, technical limitations, or access controls;
Interfere with, disrupt, overload, damage, or attempt to gain unauthorized access to the Services, servers, systems, or networks connected to the Services;
Violate these Terms of Service or any other policy applicable to the Services;
Violate the privacy, publicity, intellectual property, contractual, or other rights of any third party;
Use the Services in any way that violates any applicable national, federal, state, local, or international law or regulation, including animal-welfare laws; or
Attempt, assist, encourage, or permit any of the foregoing.
We reserve the right to investigate complaints or reported violations and to take any action We deem appropriate, including preserving relevant information, restricting access, removing content, and reporting suspected unlawful activity to law enforcement, regulators, platform operators, animal-welfare authorities, or other appropriate third parties.
No Monitoring Obligation
WhatsGoodApps does not monitor all User Content and has no obligation to review, verify, validate, or confirm the accuracy, legality, safety, consent, ownership, quality, or appropriateness of any recording, profile image, dog profile, submitted information, Feedback, analysis, cue, or other Asset. We may use automated or manual systems to review, reject, block, restrict, or remove content or activity, but We are not required to do so.
User Responsibility and Non-Reliance
You are solely responsible for how You interpret, use, rely on, play, save, share, or act on any analysis, classification, confidence indicator, explanation, generated cue, or other Asset. You agree that You are not relying on the App as Your primary or sole source of veterinary, medical, emergency, animal-behavior, training, or safety guidance and that any decision to use the Services or Assets is made solely by You.
Intellectual Property and App License
The Services, including the App, software, interface, designs, trademarks, branding, documentation, models, algorithms, prompts, systems, and underlying technology, are owned by or licensed to WhatsGoodApps and are protected by intellectual property and other laws. Except for the limited rights expressly granted in this Agreement, no rights are granted to You.
Subject to Your compliance with this Agreement, WhatsGoodApps grants You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on a device You own or control, solely for Your lawful personal use and in accordance with applicable marketplace rules.
Third-Party Services and App Marketplaces
The Services may rely on, link to, or interact with third-party services, including AI providers, hosting providers, analytics providers, speech or audio services, video processing services, Apple, and, if later made available, Google Play. We do not control and are not responsible for third-party services, their availability, their content, or their separate terms and privacy practices. Your use of a third-party service may be governed by additional terms.
If You downloaded the App from Apple’s App Store, You acknowledge that this Agreement is between You and WhatsGoodApps, not Apple; Apple is not responsible for the App or its content; Apple has no obligation to provide maintenance or support services for the App; and Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce this Agreement against You as a third-party beneficiary. Nothing in this Agreement is intended to conflict with applicable App Store terms.
Termination
You may stop using the Services at any time. We may suspend, restrict, or terminate Your access to all or part of the Services if You violate this Agreement, create a safety or legal risk, engage in abusive or fraudulent conduct, fail to pay applicable charges, or if We discontinue the Services. Termination does not automatically cancel a marketplace subscription; You must cancel through the applicable marketplace.
Upon termination, the license granted to You ends, but provisions that by their nature should survive—including provisions concerning ownership, generated content restrictions, disclaimers, non-reliance, limitations of liability, indemnification, dispute resolution, and accrued payment obligations—will survive.
Limitation of Liability
To the fullest extent permitted by law, WhatsGoodApps LLC and its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, data, goodwill, use, or other intangible losses, arising from or relating to:
Your use of or reliance on any Dog-to-Human Analysis, Human-to-Dog Cue, classification, explanation, confidence indicator, personalized result, or other Asset;
Any inaccuracy, incompleteness, bias, inconsistency, unexpected result, or error in automated processing or AI-generated output;
Any dog’s reaction or failure to react to audio playback, including fear, stress, barking, agitation, defensiveness, aggression, searching behavior, or conflict with another animal;
Any bite, scratch, attack, fall, escape, injury, death, property damage, noise complaint, training setback, or other harm to a person, animal, or property;
Playback at an excessive volume, playback near an animal’s ears, continued playback after signs of distress, or other unsafe use;
Any delay in obtaining or failure to obtain veterinary, medical, emergency, behavioral, training, or other professional assistance;
Any error caused by poor recording quality, background noise, multiple dogs, incomplete visual information, missing context, device limitations, or inaccurate user input;
Any failure of Feedback or personalization to improve results;
Any misuse, misrepresentation, sharing, publication, or distribution of User Content or Assets;
Any loss, deletion, corruption, or unavailability of recordings, profile images, dog profiles, analyses, cues, Feedback, history, or other content, including loss caused by deletion of the App or loss of device data;
Any change to, suspension of, or discontinuation of a feature, plan, usage limit, or the Services; or
Your use of or interaction with any third-party service or app marketplace.
Both the Services and the Assets are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties or conditions of any kind, either express or implied, including warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, accuracy, reliability, safety, or that the Services will meet Your requirements. You are solely responsible for determining the appropriateness of using the Services and assume the risks associated with such use.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WHATSGOODAPPS NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AFFILIATES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OF OR INABILITY TO USE THE SERVICES OR ASSETS; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER CONTENT OR DATA; (C) CONDUCT OF A THIRD PARTY; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WHATSGOODAPPS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES, EXCEPT WHERE APPLICABLE LAW PROVIDES OTHERWISE.
Indemnification
You will indemnify, defend, and hold harmless WhatsGoodApps and its affiliates, shareholders, officers, directors, employees, agents, licensors, service providers, and representatives from and against any and all claims, damages, judgments, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) User Content submitted by You; (b) Your recording, upload, or submission of content without necessary rights, permissions, or consents; (c) Your use, playback, sharing, reliance on, or misuse of the Services or Assets; (d) injury or damage caused by Your conduct or unsafe playback; (e) Your misrepresentation of an Asset as professional advice, scientific fact, or a literal translation; (f) Your violation of animal-welfare, privacy, recording, publicity, intellectual property, or other laws; or (g) Your violation of this Agreement.
Dispute Resolution and Governing Law
ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT (“DISPUTE”), WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA, EXCLUDING NEW YORK’S CONFLICTS OF LAWS RULES.
The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator. The arbitration will be conducted in English in New York County, New York, USA.
Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in this Agreement.
The arbitral award will be final and binding on the parties, and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
Force Majeure
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, civil unrest, labor disputes, internet or utility failures, cyberattacks, service provider failures, governmental action, pandemics, or war.
Waiver and Severability
If You do not comply with a portion of these Terms and We do not take action right away, this does not mean We are giving up any of Our rights. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.
Entire Agreement and Assignment
This Agreement, together with the Privacy Policy and any additional terms presented in the App or applicable marketplace, constitutes the entire agreement between You and WhatsGoodApps concerning the Services and supersedes prior or contemporaneous understandings concerning the Services. You may not assign or transfer this Agreement or Your rights under it without Our prior written consent. We may assign this Agreement in connection with a merger, acquisition, reorganization, sale of assets, operation of law, or otherwise.
California Residents Notice
If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at:
Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Telephone: (800) 952-5210
Contact Information
Please direct all inquiries to support@whatsgoodapps.com.
Dog TOS
Terms of Service
Last updated July 15, 2026.
This Agreement is entered into by WhatsGoodApps LLC (“WhatsGoodApps,” “We,” “Us,” or “Our”), the developer of the Talk To Your Dog app service (the “App,” “Service,” or “Services”), and the entity or person agreeing to these terms (the “Customer,” “You,” or “Your”), and governs the Customer’s access to and use of the Services.
For purposes of this Agreement, “Assets” means any Dog-to-Human analysis, estimated emotion, need, intention or social signal, bark or vocalization classification, body-language observation, written explanation, confidence indicator, Human-to-Dog cue, AI-generated bark, vocalization or other audio, dog profile, profile image, history entry, personalized result, feedback-based adjustment, report, graphic, image, data, software component, or other content or information generated, provided, or made available through the Services, whether created by Us, generated by automated systems, submitted by You, or supplied by third parties.
This Agreement is effective when You are presented with this Agreement and proceed to use the Services (the “Effective Date”) or receive, access, download, share, or distribute Assets. These terms may be updated and presented again from time to time. Continued use of the Services after updated terms become effective constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.
Service Description
The App may allow You to record live audio or video, upload audio or video, or use Your device camera and microphone to submit recordings of a dog. The App may use automated systems to analyze audible vocalizations, available visual information, user-provided context, and other submitted information to estimate a dog’s likely emotional state, need, arousal level, or social signal (“Dog-to-Human Analysis”).
The App may also allow You to speak or type a short message, identify or select a broad communication intention, and generate a dog-inspired bark, vocalization, or other audio cue intended to reflect a general emotional or social signal (“Human-to-Dog Cue”). Supported intentions may include play, greeting, reassurance, attention, calmness, or positive excitement. Available functions, supported categories, and output formats may vary by device, plan, location, or version of the App.
The App may allow You to create one or more dog profiles that include a dog’s name, breed or mix, age, size, sex, notes, and a profile image. A profile image is not required to depict a dog and may depict another lawful subject or object, provided that You have all necessary rights and permissions to upload and use the image.
Service Availability and Quality
We are constantly improving the Services. The Services are subject to modification, interruption, suspension, and change. No guarantees are made with respect to the Services’ quality, availability, stability, uptime, accuracy, compatibility, or reliability. Features, categories, supported file types, plan benefits, usage limits, and technical requirements may change from time to time. Please do not create dependencies on any attribute of the Services. To the fullest extent permitted by law, We will not be liable for harm caused by Your dependency on the Services.
Age Requirements
By accessing the Services, You confirm that You are at least 18 years old and meet the minimum age of digital consent in Your country. The Services are intended only for adults. You may not use the Services if You are under 18 years old.
If You are a parent or legal guardian and believe that a minor has accessed or used the Services, please contact Us so that We may take appropriate action.
Your Information
By using the Services, You may provide Us or Our service providers with information such as Your email address, user name, subscription or transaction information, dog profile information, profile images, audio, video, live camera or microphone input, typed or spoken messages, behavioral context, app history, feedback about an analysis, information about how a dog responded to a generated cue, and other information that You submit. Please see Our Privacy Policy for information about how data is collected, processed, used, transmitted, retained, and disclosed.
No Literal Translation
The App does not literally translate barking or other canine vocalizations into human language. Labels or statements displayed by the App, including statements such as “I want to play,” “I need attention,” “I am excited,” “I am nervous,” or similar wording, are simplified AI-generated interpretations of possible emotions, needs, arousal levels, contexts, or social signals. They are not the dog’s actual words, thoughts, intentions, beliefs, or mental state.
The App also does not translate arbitrary human sentences into a scientifically established canine language. A Human-to-Dog Cue is a dog-inspired, AI-generated audio output designed around a broad intended emotional or social category. It is not a word-for-word translation, and there is no guarantee that any dog will understand the cue, understand it as intended, or respond in any particular way.
You may not represent any Dog-to-Human Analysis or Human-to-Dog Cue as a scientifically verified, definitive, exact, or guaranteed translation.
Scientific Rationale and Limitations
Canine vocalizations may contain information associated with emotional state, arousal, identity, social context, or immediate circumstances. However, dogs do not use barking as a known word-for-word language equivalent to human speech. The meaning and significance of a vocalization may vary based on the individual dog, breed or physical characteristics, age, health, temperament, training, prior experiences, surrounding environment, body language, familiarity, and the event occurring at the time.
The same or similar bark may occur in different contexts and may carry different meanings. Important information may not be present in a recording. A Dog-to-Human Analysis is an estimate based on the available input and may be inaccurate, incomplete, inconsistent, subjective, unsuitable, or misleading.
Informational, Entertainment and No Professional Advice Disclaimer
The Services and Assets are provided for general informational, exploratory, and entertainment purposes only. They do not provide veterinary, medical, emergency, animal behavior, dog-training, safety, legal, or other professional advice and are not a substitute for evaluation or advice from a licensed veterinarian, emergency veterinary provider, qualified trainer, certified applied animal behaviorist, veterinary behaviorist, or other qualified professional.
You must not use the App to diagnose pain, illness, injury, anxiety, aggression, or any medical or behavioral condition; determine whether a dog needs emergency care; determine whether a dog is safe around a child, adult, or animal; predict whether a dog will bite, attack, flee, or behave safely; or decide whether physical contact with a dog is safe.
An App result must never override signs of pain, injury, breathing difficulty, poisoning, severe distress, unusual behavior, aggression, loss of consciousness, choking, bleeding, or another possible emergency. Contact a veterinarian or emergency veterinary provider promptly when appropriate.
Animal Behavior and Playback Safety
Animal behavior is unpredictable. A dog may ignore, misunderstand, investigate, search for the apparent source of, bark at, become excited by, become fearful of, become stressed by, or react defensively or aggressively to a Human-to-Dog Cue or other playback. Reactions may differ among dogs and may change over time.
You are solely responsible for deciding whether, when, where, and how to play generated audio. Begin playback at a low volume, keep the device a safe distance from the dog’s ears, supervise the dog, maintain control of the surrounding environment, and stop playback immediately if the dog appears fearful, stressed, agitated, defensive, aggressive, or uncomfortable. Do not use generated audio around a dog known or suspected to have noise sensitivity, a history of aggression, or a medical or behavioral condition without first consulting an appropriate professional.
The App is not a training device, safety device, restraint, recall system, emergency system, or substitute for responsible supervision. You assume all risks arising from playback, including bites, scratches, falls, escapes, conflicts between animals, property damage, noise complaints, training setbacks, and injury or distress to people or animals.
Restricted and Unavailable Vocalizations
The App is not intended to generate aggressive, threatening, territorial, distress, panic, pain, attack-oriented, animal-fighting, or similarly dangerous or harmful vocalizations. We may block, refuse, limit, remove, or discontinue any requested message, category, prompt, output, or feature that We believe may create safety, animal-welfare, legal, or abuse concerns. No user is entitled to any particular generated cue or category.
User Content
The App may allow You to record, upload, transmit, or submit audio, video, photographs, profile images, live camera or microphone input, spoken or typed messages, dog profile information, behavioral context, feedback, reported dog reactions, and other materials (collectively, “User Content”). You represent and warrant that You own or have all necessary rights, permissions, and consents to record, upload, submit, transmit, process, and analyze all User Content through the App.
User Content may incidentally include other people, private conversations, residences, minors, license plates, personal information, or other protected content. You are solely responsible for obtaining any consent required by applicable audio-recording, video-recording, privacy, publicity, intellectual property, animal-welfare, or other laws before capturing or submitting such content.
You retain ownership of Your User Content. You grant WhatsGoodApps and its service providers a non-exclusive, worldwide, royalty-free license to host, transmit, reproduce, process, analyze, and create outputs from User Content solely as reasonably necessary to provide, maintain, secure, support, and operate the Services, including generating analyses, cues, explanations, history entries, and personalized results. The use of feedback to improve the Services is addressed separately below.
You are solely responsible for User Content and for ensuring that Your capture, upload, submission, use, and sharing of User Content and related Assets comply with all applicable laws and do not violate the rights of any third party.
User Feedback, Personalization and Service Improvement
The App may invite You to indicate whether a Dog-to-Human Analysis appeared accurate, describe or select how a dog responded to a Human-to-Dog Cue, correct an apparent interpretation, or provide similar feedback (“Feedback”). We may use Feedback to personalize Your experience or results, evaluate performance, improve outputs, improve models or algorithms, develop features, or improve the Services generally.
Only Feedback, and not Your raw audio, video, profile images, or other User Content, will be used for the purpose of improving results or the Services, unless We first obtain any additional consent required by applicable law or update Our practices and Privacy Policy as permitted by law. Feedback may be associated with Your account or dog profile for personalization and may also be aggregated or de-identified for general improvement.
Personalization is experimental. Feedback may not improve an analysis, cue, or future result and may sometimes make a result less useful or unsuitable. We do not guarantee that Feedback will be implemented or that personalization will be available on every plan, device, or version.
Artificial Intelligence and Third-Party Processing
The App may use artificial intelligence, machine learning, audio analysis, computer vision, speech recognition, natural-language processing, generative audio, algorithms, and other automated technologies to process User Content and generate Assets. The App may transmit User Content, portions of User Content, extracted information, messages, prompts, or related data to third-party AI, cloud-computing, hosting, speech, audio, video, analytics, or other service providers for processing as described in Our Privacy Policy.
Automated systems may contain errors and may fail to identify relevant context. The App may confuse barking with growling, whining, human imitation, television or speaker audio, background noise, another animal, or another dog. It may misidentify which dog produced a sound, particularly when multiple dogs or animals are present. AI-generated outputs may be unexpected, inconsistent, incomplete, inaccurate, or unsuitable.
Recording Quality and Accuracy Limitations
The accuracy and usefulness of an analysis may depend on recording length, microphone quality, camera quality, file quality, distance, volume, wind, echo, distortion, compression, background noise, music, television, human speech, multiple dogs, other animals, edits, filters, framing, resolution, focus, lighting, camera angle, obstructions, whether the dog is visible, completeness of body language, and whether relevant context is supplied.
Short, incomplete, low-quality, edited, altered, misleading, mislabeled, or improperly captured recordings may result in inaccurate or less useful outputs. WhatsGoodApps is not responsible for errors or reduced usefulness caused by recording conditions, missing context, device limitations, user input, or failure to follow recording or playback instructions.
No Guarantee of Results
We do not guarantee that the App will correctly identify a dog’s emotion, need, intention, arousal level, behavior, or context; that a generated cue will reflect the selected intention; that a dog will hear, understand, obey, enjoy, or respond positively to any cue; that repeated use will improve communication; or that the Services will improve behavior, training, bonding, safety, animal welfare, or any other outcome.
Results may vary significantly between dogs and circumstances. Confidence labels or percentages, if provided, are estimates generated by automated systems and are not guarantees of accuracy or reliability.
Dog Profiles and Profile Images
The App may permit one or more dog profiles, and the number of available profiles may vary by free or paid tier. Profile information may be used to organize history, customize the interface, or personalize results. Breed, age, size, sex, profile history, or other profile information does not guarantee an accurate analysis or cue.
You are responsible for selecting the correct profile and keeping profile information accurate. A profile image may depict a dog, person, animal, object, artwork, or another lawful subject. You may not upload a profile image unless You have all rights, permissions, and consents required for its use.
Free Service, Paid Tiers, Subscriptions and Usage Limits
The App may be available free of charge with limited functionality and may offer paid subscription tiers. Each paid tier may be offered through monthly and annual subscription options. Functionality, supported features, Dog-to-Human Analyses, Human-to-Dog Cues, dog profiles, history, personalization, media types, output variations, priority, or other benefits may be limited or may differ by tier.
The free tier and each paid tier may include limited numbers of Dog-to-Human Analyses, Human-to-Dog Cues, dog profiles, generations, uploads, recordings, or other uses during a period selected by Us. The applicable usage period may be daily, weekly, monthly, per billing period, or another period stated in the App or applicable marketplace. Exact limits, reset periods, features, plan names, and prices may be displayed in the App or applicable marketplace and may change prospectively as permitted by law and platform rules.
All usage allowances are use-it-or-lose-it. Any unused analysis, cue, generation, upload, profile allowance, or other usage entitlement expires at the end of the applicable usage period. Unused allowances do not roll over, accumulate, transfer between periods or accounts, convert into cash, credit, refunds, or other value, or extend a subscription.
We may impose reasonable technical, safety, anti-fraud, anti-abuse, capacity, security, or fair-use restrictions on any plan, including a plan described as providing extensive or unlimited use. We may refuse or delay processing, restrict unusually burdensome or automated use, or adjust prospective usage limits to protect the Services and other users.
Subscriptions are initially expected to be offered through Apple in-app purchase. We may offer subscriptions through Google Play in the future. Subscriptions generally renew automatically unless canceled through the applicable marketplace before renewal. Subscription billing, renewals, cancellations, and refunds are subject to the terms and procedures of the marketplace through which the subscription was purchased. Deleting the App does not cancel a subscription. You are responsible for managing or canceling Your subscription through Your marketplace account.
Except where required by law or marketplace policy, payments and subscription charges are nonrefundable and no refund or credit is provided for partially used subscription periods, unused allowances, failure to use the Services, or deletion of the App.
Generated Audio, Sharing and Attribution
Subject to Your compliance with this Agreement, We grant You a limited, non-exclusive, non-transferable, revocable license to play, download, save, and share Human-to-Dog Cues and other generated audio made available to You through the App for lawful personal and noncommercial purposes, unless the App expressly permits another use.
When You publicly share, post, publish, or distribute generated audio outside the App, You must provide reasonable attribution to the App, such as “Created with Talk To Your Dog,” “Generated by Talk To Your Dog,” or a substantially similar credit, where technically and reasonably practicable. You may not remove an attribution, watermark, metadata notice, or other source identifier that the App applies to an Asset.
Generated audio may not be unique and may be identical or similar to audio generated for other users. No ownership, exclusivity, trademark, copyright, or other intellectual property right in any naturally occurring animal sound, general vocal style, or non-protectable element is guaranteed. You may not sell generated audio as a standalone sound library, use it to train or develop a competing model or service, falsely claim that it is a scientifically verified translation, or use it in a misleading, harmful, unlawful, or animal-abusive manner.
Data Storage, History and Loss of Content
Dog profiles, profile images, recorded or uploaded audio and video, analyses, generated cues, Feedback, history, and related Assets may be stored locally on Your device to provide App functionality and convenience. Content may also be transmitted to third-party service providers for processing as described in the Privacy Policy. WhatsGoodApps does not guarantee permanent storage, backup, synchronization, availability, or recoverability of any User Content or Asset.
If You delete the App, clear the App’s data or local storage, lose or replace Your device, lose access to Your device, or Your device data is lost, corrupted, reset, or otherwise unavailable, locally stored User Content, dog profiles, profile images, recordings, analyses, cues, Feedback, history, and other Assets will be permanently lost. Reinstalling the App may not restore such content. You are responsible for exporting or maintaining any copies You wish to keep.
Prohibited Uses
We reserve the right to suspend, restrict, or terminate Your access to the Services at any time and for any reason permitted by law, including suspected safety, abuse, fraud, or Terms violations.
You may not:
Use the Services for competitive research or to build, train, improve, or operate a competing product, model, dataset, or service;
Record, upload, transmit, or submit content that You do not have the right, permission, consent, or lawful authority to use;
Record another person, private conversation, residence, or protected location in violation of applicable consent, privacy, or recording laws;
Upload or distribute content that is unlawful, infringing, harmful, abusive, harassing, hateful, defamatory, obscene, sexually explicit, exploitative, invasive of privacy, or otherwise objectionable;
Upload or distribute graphic animal cruelty, unlawful animal-fighting material, sexual content involving animals, or content that depicts or encourages abuse, neglect, injury, torment, or exploitation of an animal;
Use the Services or generated audio to provoke, frighten, threaten, agitate, torment, abuse, harass, injure, or endanger a person or animal;
Use generated audio to encourage or facilitate attacking, fighting, aggressive guarding, unlawful hunting, dangerous pursuit, or other harmful animal behavior;
Play audio at an unsafe volume, place a device or speaker directly beside an animal’s ears, or continue playback after an animal shows signs of fear, stress, agitation, defensiveness, or discomfort;
Use an Asset as the sole basis for veterinary, medical, emergency, animal-behavior, training, safety, or other important decisions;
Use the Services to determine that a dog is safe, nonaggressive, healthy, not in pain, suitable for contact, or unlikely to bite or attack;
Misrepresent an Asset as professional advice, scientific fact, a literal or definitive translation, or a guaranteed predictor of animal behavior;
Reverse engineer, decompile, disassemble, or attempt to extract the underlying source code, algorithms, models, prompts, training data, or systems used in the Services;
Use automated tools, bots, scripts, scraping, bulk downloading, or unauthorized interfaces to access, interact with, or extract data from the Services;
Share Your account or allow multiple users to access paid benefits through a single account except as expressly permitted by Us;
Circumvent or attempt to circumvent usage limits, subscription restrictions, safety controls, content filters, technical limitations, or access controls;
Interfere with, disrupt, overload, damage, or attempt to gain unauthorized access to the Services, servers, systems, or networks connected to the Services;
Violate these Terms of Service or any other policy applicable to the Services;
Violate the privacy, publicity, intellectual property, contractual, or other rights of any third party;
Use the Services in any way that violates any applicable national, federal, state, local, or international law or regulation, including animal-welfare laws; or
Attempt, assist, encourage, or permit any of the foregoing.
We reserve the right to investigate complaints or reported violations and to take any action We deem appropriate, including preserving relevant information, restricting access, removing content, and reporting suspected unlawful activity to law enforcement, regulators, platform operators, animal-welfare authorities, or other appropriate third parties.
No Monitoring Obligation
WhatsGoodApps does not monitor all User Content and has no obligation to review, verify, validate, or confirm the accuracy, legality, safety, consent, ownership, quality, or appropriateness of any recording, profile image, dog profile, submitted information, Feedback, analysis, cue, or other Asset. We may use automated or manual systems to review, reject, block, restrict, or remove content or activity, but We are not required to do so.
User Responsibility and Non-Reliance
You are solely responsible for how You interpret, use, rely on, play, save, share, or act on any analysis, classification, confidence indicator, explanation, generated cue, or other Asset. You agree that You are not relying on the App as Your primary or sole source of veterinary, medical, emergency, animal-behavior, training, or safety guidance and that any decision to use the Services or Assets is made solely by You.
Intellectual Property and App License
The Services, including the App, software, interface, designs, trademarks, branding, documentation, models, algorithms, prompts, systems, and underlying technology, are owned by or licensed to WhatsGoodApps and are protected by intellectual property and other laws. Except for the limited rights expressly granted in this Agreement, no rights are granted to You.
Subject to Your compliance with this Agreement, WhatsGoodApps grants You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on a device You own or control, solely for Your lawful personal use and in accordance with applicable marketplace rules.
Third-Party Services and App Marketplaces
The Services may rely on, link to, or interact with third-party services, including AI providers, hosting providers, analytics providers, speech or audio services, video processing services, Apple, and, if later made available, Google Play. We do not control and are not responsible for third-party services, their availability, their content, or their separate terms and privacy practices. Your use of a third-party service may be governed by additional terms.
If You downloaded the App from Apple’s App Store, You acknowledge that this Agreement is between You and WhatsGoodApps, not Apple; Apple is not responsible for the App or its content; Apple has no obligation to provide maintenance or support services for the App; and Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce this Agreement against You as a third-party beneficiary. Nothing in this Agreement is intended to conflict with applicable App Store terms.
Termination
You may stop using the Services at any time. We may suspend, restrict, or terminate Your access to all or part of the Services if You violate this Agreement, create a safety or legal risk, engage in abusive or fraudulent conduct, fail to pay applicable charges, or if We discontinue the Services. Termination does not automatically cancel a marketplace subscription; You must cancel through the applicable marketplace.
Upon termination, the license granted to You ends, but provisions that by their nature should survive—including provisions concerning ownership, generated content restrictions, disclaimers, non-reliance, limitations of liability, indemnification, dispute resolution, and accrued payment obligations—will survive.
Limitation of Liability
To the fullest extent permitted by law, WhatsGoodApps LLC and its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, data, goodwill, use, or other intangible losses, arising from or relating to:
Your use of or reliance on any Dog-to-Human Analysis, Human-to-Dog Cue, classification, explanation, confidence indicator, personalized result, or other Asset;
Any inaccuracy, incompleteness, bias, inconsistency, unexpected result, or error in automated processing or AI-generated output;
Any dog’s reaction or failure to react to audio playback, including fear, stress, barking, agitation, defensiveness, aggression, searching behavior, or conflict with another animal;
Any bite, scratch, attack, fall, escape, injury, death, property damage, noise complaint, training setback, or other harm to a person, animal, or property;
Playback at an excessive volume, playback near an animal’s ears, continued playback after signs of distress, or other unsafe use;
Any delay in obtaining or failure to obtain veterinary, medical, emergency, behavioral, training, or other professional assistance;
Any error caused by poor recording quality, background noise, multiple dogs, incomplete visual information, missing context, device limitations, or inaccurate user input;
Any failure of Feedback or personalization to improve results;
Any misuse, misrepresentation, sharing, publication, or distribution of User Content or Assets;
Any loss, deletion, corruption, or unavailability of recordings, profile images, dog profiles, analyses, cues, Feedback, history, or other content, including loss caused by deletion of the App or loss of device data;
Any change to, suspension of, or discontinuation of a feature, plan, usage limit, or the Services; or
Your use of or interaction with any third-party service or app marketplace.
Both the Services and the Assets are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties or conditions of any kind, either express or implied, including warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, accuracy, reliability, safety, or that the Services will meet Your requirements. You are solely responsible for determining the appropriateness of using the Services and assume the risks associated with such use.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WHATSGOODAPPS NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AFFILIATES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OF OR INABILITY TO USE THE SERVICES OR ASSETS; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER CONTENT OR DATA; (C) CONDUCT OF A THIRD PARTY; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WHATSGOODAPPS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES, EXCEPT WHERE APPLICABLE LAW PROVIDES OTHERWISE.
Indemnification
You will indemnify, defend, and hold harmless WhatsGoodApps and its affiliates, shareholders, officers, directors, employees, agents, licensors, service providers, and representatives from and against any and all claims, damages, judgments, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) User Content submitted by You; (b) Your recording, upload, or submission of content without necessary rights, permissions, or consents; (c) Your use, playback, sharing, reliance on, or misuse of the Services or Assets; (d) injury or damage caused by Your conduct or unsafe playback; (e) Your misrepresentation of an Asset as professional advice, scientific fact, or a literal translation; (f) Your violation of animal-welfare, privacy, recording, publicity, intellectual property, or other laws; or (g) Your violation of this Agreement.
Dispute Resolution and Governing Law
ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT (“DISPUTE”), WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA, EXCLUDING NEW YORK’S CONFLICTS OF LAWS RULES.
The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator. The arbitration will be conducted in English in New York County, New York, USA.
Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in this Agreement.
The arbitral award will be final and binding on the parties, and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
Force Majeure
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, civil unrest, labor disputes, internet or utility failures, cyberattacks, service provider failures, governmental action, pandemics, or war.
Waiver and Severability
If You do not comply with a portion of these Terms and We do not take action right away, this does not mean We are giving up any of Our rights. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.
Entire Agreement and Assignment
This Agreement, together with the Privacy Policy and any additional terms presented in the App or applicable marketplace, constitutes the entire agreement between You and WhatsGoodApps concerning the Services and supersedes prior or contemporaneous understandings concerning the Services. You may not assign or transfer this Agreement or Your rights under it without Our prior written consent. We may assign this Agreement in connection with a merger, acquisition, reorganization, sale of assets, operation of law, or otherwise.
California Residents Notice
If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at:
Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Telephone: (800) 952-5210
Contact Information
Please direct all inquiries to support@whatsgoodapps.com.