INSTA CONNECT INC.
TERMS OF SERVICE
Wag Buddy App
Effective Date: September 28, 2022
Last Updated: June 23, 2023
These Terms of Service govern your relationship with Instaconnect Inc. (Wag Buddy App) and your use of
Instaconnect Services. By installing, accessing, or using the Wag Buddy App, using the service or any other
associated services, features, software, or website(s) you hereby acknowledge and agree that you have read,
understood, acknowledge and agree to these terms of service.
These Terms of Service contain a binding arbitration provision. You agree to resolve all disputes with
Instaconnect Inc. through binding arbitration on an individual basis. You hereby waive any right to have any
disputes decided in court or otherwise by a judge or jury, and you waive your right to participate in any class
action, class arbitration, or representative action in respect of Instaconnect, in which Instaconnect is or may
become a party, or as a result of any relationship with Instaconnect.
THE SERVICES PROVIDED BY INSTACONNECT MAY NOT BE RELIED UPON TO REACH LIFE
SAFETY OR OTHER EMERGENCY SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR YOUR DOG AND THE INTERACTIONS YOU HAVE WITH
OTHER PEOPLE AND OTHER DOGS. OTHER PEOPLE MAY OR MAY NOT BE THE USERS OF OUR
PLATFORM BUT MAY BE PRESENT AT VARIOUS PLACES. THESE PLACES INCLUDE BUT IS NOT
LIMITED TO PARKS, DOG PARKS, TRAILS, AND THE LOCATIONS WHERE DOG-FRIENDLY
BUSINESSES PROVIDE THEIR SERVICES. THE COMPANY DOES NOT SUPERVISE THESE
INDIVIDUALS AND IS NOT RESPONSIBLE IN ANY WAYS FOR THEIR CONDUCT OR THE
CONDUCT OF THE DOGS WHO MAY BE PRESENT THERE. WE MAKE NO REPRESENTATIONS OR
WARRANTIES AS TO THE CONDUCT OF THESE INDIVIDUALS AND THE TEMPERAMENT OF THE
DOGS. YOUR SAFETY AND THE SAFETY OF YOUR DOG SHOULD BE YOUR HIGHEST PRIORITY
AT ALL TIMES AND IN ALL CIRCUMSTANCES. WE ADVISE USERS EXERCISE CAUTION AND
GOOD JUDGEMENT WHEN VISITING VARIOUS PLACES OR WHEN INTERACTING WITH
OTHER PEOPLE OR DOGS. WE ALSO STRONGLY ADVISE YOU TO FOLLOW THE RULES AND
REGULATIONS THAT ARE IN PLACE.
1. DEFINITIONS
In these Terms of Service, unless the context otherwise requires:
Appmeans the Wag Buddy Application, installed on one or more mobile devices, normally downloaded and
installed from or through the Apple App Store or Google Play Store.
Content means any one, or a combination of: data; text; files; information; usernames; images; graphics;
photos; videos; profiles; works of authorship; application; any and other media, content or materials without
limitation.
“Claim” has the meaning ascribed to it in Section 12.
Devicemeans an electronic device capable of accessing the Service or on which the App may be installed. A
device includes, but is not limited to, a mobile or smart phone, tablet, smart or electronic watch, computer or
similar device capable of running software or other code.
Dispute” means any Claim or possible Claim which may arise out of a disagreement in respect of, or breach of,
these Terms or the Services.
Excluded Dispute means any Dispute relating to the enforcement or infringement of intellectual property
rights. For greater clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any
way in connection with your rights of privacy and publicity are not Excluded Disputes.
InstaConnect, “The Company”,“Wag Buddy App ”, our”, weand usmeans InstaConnect Inc. and
any of its affiliates, (as such term is defined in the Business Corporations Act (Alberta)).
InstaConnect Parties” has the meaning ascribed to it in Section 12.
InstaConnect Websitemeans the internet website(s) through which information about InstaConnect, the App
or the Service may be accessed, or through which your Wag Buddy App Account or the Service may be
accessed.
Places includes but is not limited to Parks, Dog Parks, Hiking Trails, and Dog-Friendly Businesses and
Services.
Platform” means the App together with any services, features, software or websites associated with the App or
with InstaConnect.
Privacy Policy” has the meaning ascribed to it in Section 7.
Servicemeans the App together with any services, features, software or websites associated with the App or
with InstaConnect.
Terms” means these Terms of Service, as may be amended or supplemented from time to time.
“Transmit or “Transmission”, as the case may be, means, in respect of Content, to communicate, upload,
store, send, receive, post, convey or otherwise electronically transmit to, though or using InstaConnect or the
Service;
Usersor InstaConnect Usersor Wag Buddy Usersmeans the dog owners and their dogs that are using
our services.
“Wag Buddy App Account” has the meaning ascribed to it in Section 2.
“Wag Buddy App Content” has the meaning ascribed to it in Section 11.
2. REGISTRATION
In order to access or use the Service, you must first register to create an account (a “Wag Buddy App Account”)
with InstaConnect.
Your Account will be created for your use of the Service based upon the personal information you provide to us.
You agree to provide accurate, current and complete information during the registration process and to update
such information to keep it accurate, current and complete.
InstaConnect reserves the right to suspend or terminate your Account and your access to the Service if you create
more than one Account, or if any information provided during the registration process or thereafter is, or is
believed to be, in InstaConnect’s sole discretion, inaccurate, fraudulent, not current, incomplete or otherwise in
violation of these Terms.
When creating your Account, you will be required to register your device with InstaConnect. You are
responsible for safeguarding your device at all times and you agree that you will not allow your device to be
used by any third party while the App is installed or which may otherwise be used to access the Service.
Unless expressly authorized by InstaConnect, you are not permitted to share your Account with anyone or allow
others to access or use your Account or the Service associated therewith. You agree that you will take sole
responsibility for any activities or actions taken using your Account, whether or not you have authorized such
activities or actions. You will immediately notify InstaConnect of any unauthorized use of your Account or your
device.
If we disable your Account for a violation of these Terms, or for any other reason, you may not create another
Account without our written permission.
When registering for an Account, you must provide your social login information (Apple ID or Facebook or
Google/Gmail) that is associated with the device on which the App is installed and used at the time of
registration.
You agree to receive messages to confirm your information and complete the registration and creation of your
Account.
InstaConnect may take such additional steps or actions, as determined in its sole discretion, at any time and from
time to time, to confirm the accuracy of the information provided at the time of registration of your Account.
You hereby consent to InstaConnect investigating or taking such other steps as necessary, in the sole discretion
of InstaConnect, to verify or confirm the information provided in respect of your Account, including making
enquiries to, and obtaining personal information from, third parties.
We reserve the right to refuse access to the Service to anyone for any reason at any time without notice.
With the exception of people or businesses that are expressly authorized to create an Account on behalf of their
employers or clients, you agree that you will not create an Account for anyone other than yourself.
You agree that you will not solicit, collect or use the Account of any other InstaConnect user.
You must not create Accounts through unauthorized means, including but not limited to, the use of an automated
device, script, bot, spider, crawler or scraper.
You are fully responsible or all activities that occur under your account and any other actions taken in
connection with your account.
Any user wishing to delete their account can do so by tapping on 'Delete Account' option in the settings section
of the app. Once account is deleted, all information and content of the User's Account will be removed from the
App and will not be recoverable.
3. Permissions:
(a) Location – Allows you to view nearby dog-friendly amenities, and nearby Dogs and Dog Parks.
(b) Contacts – Allows you to invite your contacts to use our app services.
(c) Camera – Allows you to take pictures or make videos.
(d) Photos & Videos (Storage) – Allows you to upload pictures and videos from your phone gallery.
4. Login:
You can login to 'Wag Buddy App' using your Apple ID, Google or Facebook account. The validation process
will be done by the Apple, Google or Facebook servers. On our servers, we only keep basic information such as
your account details.
You represent and warrant that the information submitted from your social login account (Apple ID, Facebook
or Google) is accurate and truthful and that you will promptly update any information provided by you that
subsequently becomes inaccurate, incomplete, misleading or false.
You authorize us to access and use certain Facebook account information, including but not limited to your
public Facebook profile. Wag Buddy users. For more information regarding the information we collect from you
and how we use it, please consult our Privacy Policy.
You are responsible for the maintenance of the confidentiality of your username and passwords you designate
during the registration process, and you are solely responsible for all activities that occur under your username
and password, and your account.
5. Minimum Age
You must meet the minimum age requirement in your country or jurisdiction to use applications from the App
Store, Google Play Store, or from other means or stores providing our services. In general, you need to be at
least 18 years old to use our services, but you may need to be older depending on your country or jurisdiction
requirement.
6. Fees and Taxes
You are responsible for all carrier data plan, other fees and taxes associated with the use of your device and the
Service.
Although we are currently providing the Wag Buddy services free of any cost, but in the future, we may with
your prior consent charge you for some or all of the Service and any applicable taxes.
InstaConnect does not provide refunds for amounts paid, in part or in full, toward the Service, except as required
by law.
7. Privacy Policy and User Data
(a) InstaConnect’s privacy policy (“Privacy Policy”) describes InstaConnect’s information practices, including
the types of information we receive and collect from you and how InstaConnect uses such information.
(b) You acknowledge that the nature of the internet and computer networks makes them vulnerable to possible
malicious attacks, hacking or unintentional breaches of security that could result in a compromise of your
Content or personal information, including the possibility that such information may be used for illegal and
authorized purposes such as identity theft. You hereby acknowledge and agree that InstaConnect is in no way
responsible or liable for any such compromise of content or information or any use thereof.
(c) You agree to our data practices, including the transmission, collection, use, processing, and sharing of your
information as described in our Privacy Policy, as well as the transfer and processing of your information to such
countries globally (including Canada) where we have or use facilities, service providers, or partners, regardless
of where you are located or where you use the Service.
(d) You acknowledge that the laws, regulations, and standards of the country in which your information is stored
or processed may be different from those of your own country; and your Content and personal information may
be subject to access or review by foreign governments or their agencies as required by the law.
(e) We may, but have no obligation to, remove, block and/or monitor Content or Accounts containing Content
that we determine in our sole discretion violates these Terms.
(f) The Service may allow you to access, use, or interact with other third-party products and services. Such third-
party services may be integrated with the Service or otherwise interact with the Service, or allow the App to
share, store, remove or provide information to which it has access. InstaConnect does not control, maintain or
endorse any of these third-party web services. You expressly acknowledge and agree that InstaConnect is in no
way responsible or liable for any such third-party services or features.
(g) When you use third-party services, their own terms and policies, including in respect of privacy, will govern
your use of those services and such policies may differ or conflict with these Terms or other InstaConnect
policies, including the Privacy Policy.
(h) You are solely responsible for your interaction with other users of the Service, whether online or offline. You
understand that we do not conduct criminal background checks or screening on our users. You agree that
InstaConnect is not responsible or liable for the conduct of any InstaConnect user. In no event shall the
Company, it's affiliates or partners be liable (directly or indirectly) for any losses or damages whatsoever,
whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or
relating to the conduct of you or anyone else in connection with the use of the Service including, without
limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or
meetings with other users or persons or dogs you meet through the App. InstaConnect reserves the right, but has
no obligation, to monitor or become involved in discussion, disagreements or disputes between you and other
InstaConnect users.
(i) You may not crawl, scrape, cache or otherwise access any content on the Service via automated means,
including but not limited to, user profiles and photos.
8. Content
(a) Wag Buddy App (InstaConnect) is a platform that allows you to find dog-friendly amenities, nearby dogs and
dog parks, and the dogs present at those parks. You can also make posts (photos, videos, text, youtube videos) on
social screen, as well as communicate with other dog owners, and dog-friendly business or service providers.
(b) You are solely responsible for the Content and information you post or share using our Services. This
includes, but is not limited to, upload, publish, link to, transmit, record, display, stream, or otherwise make
available on the Services or Application, or transmit to other users, including text messages, emojis, chat, videos,
photographs, or profile text, whether publicly or privately transmitted or posted.
(c) You may not post content that is:
(i) offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing or racially
offensive.
(ii) illegal material, or that infringes or violates another person's rights including intellectual property rights, and
rights of privacy and publicity.
(d) We respect the rights of content owners, and therefore we prohibit copyright infringement or the
infringement of other intellectual property rights through the Services or Application. Unless you have the
necessary permissions from the rightful owner of the material, you may not contain third party copyrighted
material, or material that is subject to other third party proprietary rights. You affirm, represent and warrant that
you own or have the necessary licenses, rights, consents and permissions to any Content you share to the
Services or Application.
(e) You understand and agree that InstaConnect may, but is not obligated to, monitor or review any Content you
post as part of the Services or Application. We may delete any Content that in the sole judgement of the
Company violates this Agreement or may harm the reputation of the Services or Application, or the Company.
(f) Third-Party Content and Services:
(i) You acknowledge that the Services and Application may allow access to Third Party products, services,
websites, advertisements, promotions, recommendations, advice, information, and materials created and
provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties.
(ii) InstaConnect does not investigate, monitor, represent or endorse the Third Party Content and Services
(including any third party websites available through the Services).
(iii) Your access to and use of the Third Party Content and Services is at your sole discretion and risk, and
InstaConnect and its affiliates, partners, suppliers, and licensors shall have no liability to you arising out
of or in connection with your access to and use of the Third Party Content and Services. Furthermore,
we disclaim any representation, warranty or guaranty regarding Third Party Content and Services.
(iv) You acknowledge and agree that your access to and use of the Third Party Content and Services and any
dealings between you and any third party using the Application or Services are governed by and require
your acceptance of the terms of service of such third party, including, without limitation, any terms,
privacy policies, conditions, representations, warranties or disclaimers contained therein.
(v) When dealing with the Third Party Content and Services, you assume all risks arising out of or resulting
from your dealings with the third party, and you agree that InstaConnect and its affiliates, partners,
suppliers and licensors are not responsible or liable for any loss or result of the presence of information
about or links to such advertisers or service providers.
(vi) You acknowledge and agree that an access to any Third Party Content or Services shall not constitute or
imply any endorsement by InstaConnect or its affiliates of such Third Party Content and Services. We
reserve the right to restrict or deny access to any Third Party Content and Services otherwise accessible
through the Application or Services, although we have no obligation to restrict or deny access.
(vii) You agree that you will not use any Third Party Content and Services in a manner that would infringe or
violate the rights of any party, and that InstaConnect is not in any way responsible for any such use by
you.
(g) Wag Buddy App (InstaConnect) respects the intellectual property rights of others. If you believe that
anything on the Services infringes any copyright that you own or control, you may file a notice of such
infringement with our designated agent at our company email. Be sure to consider whether fair use, fair dealing,
or a similar exception to copyright applies before your submit the notice of infringement. Please provide the
following information with your notice:
(i) An electronic or physical signature of a person authorized to act on behalf of the owner of the
copyright allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted
works at a single online site are covered by a single notification, a representative list of such works
at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information reasonably
sufficient to permit Wag Buddy App (InstaConnect) to locate the material;
(iv) Information reasonably sufficient to permit Wag Buddy App (InstaConnect) to contact the
complaining party, such as address, telephone number, contact name and an electronic mail address
at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, the agent of the copyright owner or the law;
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.
9. Legal and Acceptable Use
(a) You must access and use the Service only for legal, authorized, and acceptable purposes.
(b) You will not use, or assist others in using, the Service in ways that:
(i) violate, misappropriate, or infringe the rights of InstaConnect, InstaConnect users, or any other person,
including privacy, publicity, intellectual property, or other proprietary rights;
(ii) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically
offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including
promoting violent crimes;
(iii) involve publishing falsehoods, misrepresentations, or misleading statements;
(iv) impersonate any person or entity;
(v) involve sending illegal or impermissible communications; or
(vi) involve any non-personal use of the Service unless otherwise authorized in writing by InstaConnect;
(c) You may not transmit violent, discriminatory, unlawful, infringing, hateful, and other such content using the
Service.
(d) You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities.
(e) You must not transmit private or confidential information (unless you have the full consent of the rightful
owner of such information) via the Service, including, without limitation, person's name, physical address, credit
card information, government identity numbers, non-public phone numbers or non-public email addresses.
(f) You must not provide instructional information about illegal activities such as making or buying illegal
weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses.
(g) You must not share videos or images of a person without their permission or in the case of a minor, their
legal guardian permission.
(h) You must not exploit people in a sexual, violent or other illegal manner, or solicits personal information from
anyone under the age of 18.
(i) You must not use our services if you are registered sex offender.
(j) You must not publicize or promote commercial activities and/or sales without our prior written consent such
as contests, sweepstakes, barter, advertising, and pyramid schemes.
(k) You must not use the Service while driving or operating a vehicle or other machinery that may create a risk
of harm to yourself or others.
(l) You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules
and regulations applicable to your use of the Service and your Content, including but not limited to, copyright
and other intellectual property laws.
(m) You will not use our service for advertising the sale of dogs.
(n) You are solely responsible for your conduct and any Content that you submit, display or otherwise transmit
on or through the Service.
(o) You must not change, modify, adapt or alter the Service, or change, modify or alter another website so as to
falsely imply that it is associated with the Service or InstaConnect.
(p) You must not transmit unwanted content, harassing communications, spam, solicitation or advertising of any
kind to any other person or users.
(q) You must not interfere or disrupt the Service or servers or networks connected to the Service, including by
transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You
may not inject content or code or otherwise alter or interfere with the way the App or any InstaConnect page or
content is rendered or displayed in a user's browser or device.
(r) You must not attempt to restrict another InstaConnect user from using or enjoying the Service and you must
not encourage or facilitate violations of these Terms or any other InstaConnect policies.
(s) For as long as the App is installed on any of your device(s), and for as long as you use the Service or
maintain your Account, you consent to downloading and installing updates to the App or the Service, some of
which may be downloaded and installed automatically to your device(s) without your knowledge.
10. Safety
(a) You are fully responsible for the interactions you have with other people and dogs at various meet-up places.
This includes people and dogs who may or may not be the users of our service. The meet-up places include but is
not limited to Parks, Dog Parks, Trails, and locations where the dog-friendly businesses provide their services.
Your decision to interact with other people and dogs is at your own risk. InstaConnect shall not be held liable for
any harm, damages, losses, or liabilities incurred by you. We advise users conduct due diligence, and exercise
caution and good judgement when interacting with other people and dogs.
(b) Users of our platform and visitors of our website has the ability to add a dog-friendly place which includes
but is not limited to parks, dog parks, hiking trails, and dog-friendly amenities or businesses. We may verify but
are not obligated to verify these places. Although we aim to provide accurate and up-to-date information
regarding these places, we do not guarantee the accuracy of this information, or of the quality, safety, or
reliability of these places. We advise users conduct due diligence, and exercise caution and good judgement
when visiting these places or dealing with the businesses or services.
(c) The dog-friendly businesses or service providers who chose to deal with clients from our platform should
understand and accept that this may carry inherent risks. InstaConnect shall not be held liable for any harm,
damages, losses, or liabilities incurred by businesses due to their decision to engage with clients from our
platform. The businesses dealing with clients from our platform do so fully at their own risk. We advise dog-
friendly businesses and Services to conduct due diligence, and exercise caution and good judgement when
dealing with clients from our platform.
(d) Wag Buddy offers a live chat feature where you can chat with our team members. You may use this feature
to ask questions, give feedback, or suggest improvements for our platform. You may also use this feature to
request information regarding a dog-friendly place or business. Although we aim to provide accurate and up-to-
date information regarding these places or services, we do not guarantee the accuracy of this information, or of
the quality, safety, or reliability of these places. InstaConnect shall not be held liable for any harm, damages,
losses, or liabilities incurred by you due to your decision to visit these places or to interact with these businesses.
We advise users conduct due diligence, and exercise caution and good judgement when visiting these places or
dealing with the businesses or services.
(e) By using our platform you acknowledge and agree that you are using the services provided by our platform
entirely at your own discretion and risk. InstaConnect does not assume any responsibility for any harm,
damages, losses, or liabilities that may arise as a result of using the services provided by our platform.
11. Dog-Friendly Businesses and Services
(a) Wag Buddy gives a unique opportunity to dog-friendly businesses to list their business on our platform. You
can add your dog-friendly business through our app or by using our website.
(b) Wag Buddy only accept listings of businesses that are dog-friendly. Any businesses deemed to be not dog-
friendly will be removed from our platform.
(c) We advise dog-friendly businesses to immediately email us with any change to their business profile
information. This keeps your business listing on our platform accurate and up-to-date.
(d) The dog-friendly businesses who chose to engage with clients from our platform should understand and
accept that this may carry inherent risks. InstaConnect shall not be held liable for any harm, damages, losses, or
liabilities incurred by businesses due to their decision to engage with clients from our platform. The businesses
dealing with clients from our platform do so fully at their own risk. We advise dog-friendly businesses and
Service Providers to conduct due diligence, and exercise caution and good judgement when dealing with clients
from our platform.
(e) The dog-friendly businesses can request removal of their business or service from our platform any time by
sending us an email. Although not required, it will be useful for us to know the reason for the removal so we can
address any issues or make any improvements for the future.
(f) Wag Buddy may manage, regulate, control, modify, or eliminate your business listing at any time, with or
without notice if deemed necessary. The reasons may include but are not limited to spamming, customer abuse,
and purposely misleading the customers with inaccurate information about your services.
12. Harm to InstaConnect or InstaConnect Users
(a) You must not, or assist others to, access, use, copy, adapt, modify, prepare derivative works based upon,
distribute, license, sublicense, transfer, display, perform, or otherwise exploit the Service in impermissible or
unauthorized manners, or in ways that burden, impair, or harm us, the Service, systems, InstaConnect users, or
others, including that you must not directly or through automated means, without limitation:
(i) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from the
Service;
(ii) send, store, or transmit viruses or other harmful computer code through or onto the Service;
(iii) gain or attempt to gain unauthorized access to the Service or systems;
(iv) interfere with or disrupt the integrity or performance of the Service;
(v) create accounts for the Service through unauthorized or automated means;
(vi) collect the information of or about our users in any impermissible or unauthorized manner;
(vii) sell, resell, rent, or charge for the Service; or
(viii) distribute or make the Service available over a network where they could be used by multiple devices
at the same time.
(b) You understand and acknowledge that there is evidence that the use of mobile devices may lead to health,
medical issues or disease, including but not limited to cancer. You agree not to use the Service in such manner
that may unnecessarily increase possible health effects, and you hereby acknowledge and agree that such use is
in your sole discretion and InstaConnect is not liable or responsible for any health effects suffered as a result of
using the Service.
(c) You understand and accept all risks associated with meeting people who may or may not be known to you at
the parks, dog parks, trails, dog-friendly business locations or other meet up locations. Meeting persons who are
not known to you outside of the Service creates a risk to your safety. InstaConnect is not liable or responsible
for harm or risk of harm by third parties, whether such third parties are InstaConnect users or not, that arises
from the use of the Service, including, but not limited to, communication through the chat feature.
13. Licenses
(a) Your Rights
(i) InstaConnect does not claim ownership of the Content that you submit or transmit through InstaConnect
or the Service.
(ii) You must have the necessary rights to Content that you transmit and the right to grant the rights and
licenses as set out in these Terms or otherwise required by law.
(b) InstaConnect’s Rights
(i) We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other
intellectual property rights associated with InstaConnect, the App and the Service.
(ii) You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual
property rights unless you have our express written permission.
(c) Your License to InstaConnect
(i) InstaConnect does not claim ownership of any non-private content that you transmit (such as your
feedback). Instead, you hereby grant to InstaConnect a non-exclusive, fully paid and royalty-free,
transferable, sub-licensable, worldwide license to use the non-private content that you transmit, subject to
InstaConnect’s Privacy Policy.
(d) You represent and warrant that:
(i) you own the Content you transmit or otherwise have the right to grant the rights and licenses set forth in
these Terms;
(ii) the transmission or use of your Content on or through the Service does not violate, misappropriate or
infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights,
copyrights, trademark and/or other intellectual property rights;
(iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you transmit;
and
(iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
(e) InstaConnect’s License to You
(i) We grant you a limited, revocable, non-exclusive, non- sublicensable, and non-transferable license to
use the App and the Service, subject to and in accordance with these Terms and any applicable
InstaConnect policies or practices.
(ii) This license is for the sole purpose of enabling you to use the Service, in the manner intended and
provided for in these Terms.
(iii) No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights
expressly granted to you in these Terms or otherwise agreed to in writing by InstaConnect.
(f) We may terminate your access to the Service, your Account and any Content or other data associated
therewith if you violate our Terms and/or infringe the privacy rights, publicity rights, copyrights, trademark
and/or other intellectual property rights of any other person or entity.
(g) The Service contains content owned or licensed by InstaConnect ("Wag Buddy Content"). Wag Buddy
App Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and
InstaConnect, InstaConnect owns and retains all rights in the Wag Buddy App Content and the Service. You will
not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices
incorporated in or accompanying the Wag Buddy App Content and you will not reproduce, modify, adapt,
prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or
otherwise exploit the Wag Buddy App Content.
(h) The InstaConnect, and Wag Buddy App names and logos are trademarks of InstaConnect, and may not be
copied, imitated or used, in whole or in part, without the prior written permission of InstaConnect. In addition,
all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or dress of
InstaConnect, and may not be copied, imitated or used, in whole or in part, without prior written permission from
InstaConnect.
(i) Some of the Service is supported by advertising revenue and may display advertisements and promotions.
You hereby acknowledge and agree that InstaConnect may place such advertising and promotions on the
Service. You also consent to receive email or other communication, including advertising or solicitation, from
InstaConnect. The manner, mode and extent of such advertising and promotions is in the sole discretion of
InstaConnect and are subject to change without notice.
(j) InstaConnect will not to accept or consider for payment or other consideration Content, information, ideas,
suggestions or other materials other than those we have specifically requested from you and to which certain
specific terms, conditions and requirements may apply. InstaConnect does not accept unsolicited materials or
ideas, and takes no responsibility for any materials or ideas so provided or sent to InstaConnect. If you send us
Content, information, ideas, suggestions, or other materials, you agree that InstaConnect is free to use any such
Content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without
limitation, developing and marketing products and services, without any liability, obligation or payment of any
kind to you.
14. Limitation of Liability
(a) WE ARE PROVIDING THE SERVICE ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND
FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE.
(b) WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE,
COMPLETE, UPTODATE, OR USEFUL, THAT THE SERVICE WILL BE OPERATIONAL, ERROR FREE,
SECURE, OR SAFE, OR THAT THE SERVICE WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS,
OR IMPERFECTIONS.
(c) WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN
INSTACONNECT USERS USE THE SERVICE OR THE FEATURES, SERVICES, AND INTERFACES THE
SERVICE PROVIDES.
(d) WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR
INFORMATION (INCLUDING CONTENT) OF INSTACONNECT USERS OR THIRD PARTIES.
(e) YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, ASSOCIATES AND THEIR DIRECTORS,
OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “INSTACONNECT
PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE
(TOGETHER “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT
OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD
PARTIES.
(f) THE INSTACONNECT PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR
CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO,
ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THESE TERMS, INSTACONNECT, OR
THE SERVICE, EVEN IF THE INSTACONNECT PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
(g) OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN
CONNECTION WITH THESE TERMS, US, OR THE SERVICE WILL NOT EXCEED ONE HUNDRED
DOLLARS (CDN$100). YOU HEREBY UNDERSTAND, ACKNOWLEDGE AND AGREE TO THIS
LIMITATION OF LIABILITY.
(h) YOU AGREE THAT INSTACONNECT IS NOT RESPONSIBLE FOR, AND DOES NOT ENDORSE,
CONTENT TRANSMITTED THROUGH THE SERVICE. INSTACONNECT DOES NOT HAVE ANY
OBLIGATION TO PRESCREEN, MONITOR, EDIT, OR REMOVE ANY CONTENT. IF YOUR CONTENT
VIOLATES THESE TERMS, YOU MAY BE LEGALLY RESPONSIBLE FOR THAT CONTENT.
(i) SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR CONDITIONS,
OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO
YOU IF YOU MEET THE REQUIREMENTS TO BENEFIT FROM THE LAWS OF SUCH JURISDICTION
NOTWITHSTANDING THESE TERMS AND CONDITIONS.
15. Indemnification
(a) YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE INSTACONNECT PARTIES
FROM AND AGAINST ALL LIABILITIES, DAMAGES, LOSSES, AND EXPENSES OF ANY KIND
(INCLUDING REASONABLE LEGAL FEES AND COSTS) RELATING TO, ARISING OUT OF, OR IN
ANY WAY IN CONNECTION WITH ANY OF THE FOLLOWING:
(i) YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING INFORMATION PROVIDED IN
CONNECTION THEREWITH;
(ii) YOUR BREACH OR ALLEGED BREACH OF THESE TERMS; OR
(iii) ANY MISREPRESENTATION MADE BY YOU.
(b) YOU WILL COOPERATE AS FULLY AS REQUESTED OR REQUIRED BY US IN THE DEFENSE OR
SETTLEMENT OF ANY CLAIM.
16. Availability of the Service
(a) The Service may be interrupted from time to time or at any time without notice, including for maintenance,
repairs, upgrades, or network or equipment failures, or due to any event, whether within or out of our control.
(b) We may without notice at any time discontinue the Service in full or in part, including certain features and
the support for certain devices and platforms, at any time.
(c) Although it is InstaConnect's intention for the Service to be available as much as possible, there will be
occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or
upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also,
InstaConnect reserves the right to remove any Content from the Service for any reason, without prior notice.
Content removed from the Service may continue to be stored by InstaConnect, including, without limitation, in
order to comply with certain legal obligations, but may not be retrievable without a valid court order. You may
not rely on the Service for the purposes of Content backup or storage. InstaConnect will not be liable to you for
any modification, suspension, or discontinuation of the Service, or the loss of any Content. You also
acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other
information may not be fully secure.
17. Termination of Service
(a) InstaConnect may terminate the Service in its sole discretion, in whole or in part, at any time without notice.
We may modify, suspend, or terminate your access to or use of the Service anytime for any reason, including but
not limited to a violation of these Terms or create harm, risk, or possible legal exposure for InstaConnect, our
users, or others.
(b) Violation of these Terms may, in InstaConnect’s sole discretion, result in termination of your Wag Buddy
App Account and your ability to use the Service. You understand and agree that InstaConnect cannot and will
not be responsible for the Content transmitted on the Service and you use the Service at your own risk. If you
violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for InstaConnect, we
may stop providing all or part of the Service to you.
(c) We reserve the right to modify or terminate the Service or your access to the Service for any reason, without
notice at any time, and without liability. If we terminate your access to the Service or you deactivate your Wag
Buddy App Account, your Content and all other data may no longer be accessible through your Wag Buddy App
Account.
(d) Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
(e) We reserve the right to force forfeiture of any username for any reason.
18. Entire Agreement
Unless a mutually executed agreement between you and InstaConnect provides otherwise, these Terms,
including the Privacy Policy and any other terms, policies, condition or agreements incorporated by reference,
expressly or impliedly hereby constitutes the entire agreement between you and InstaConnect in respect of
InstaConnect and the Service, and supersede any other or prior agreements.
19. Amendment of these Terms
(a) InstaConnect reserves the right, at its sole discretion, to modify the Service or App, or to amend, modify,
change, add to, or delete from these Terms from time to time.
(b) A notification of any update to the Terms will be posted on our Website or through a link in the App.
(c) InstaConnect will also update the date at the top of these Terms to reflect the date of such amendment.
(d) Changes to the Terms will be effective at the time of their posting to the InstaConnect Website, or when sent
through a link in the APP.
(e) Your continued access or use of the InstaConnect Services, will constitute your acceptance of such modified
Terms whether or not you have notice or actual knowledge of such modification.
(f) If the modified Terms are not acceptable to you, your only recourse is to cease using the Service. If you do
not close or otherwise cancel your Wag Buddy App Account you will be deemed to have accepted the modified
Terms in full.
20. No Violation of Local or Foreign Laws
(a) Neither the Service nor any part thereof, including the App, is intended for distribution to or use in any
country where such distribution or use would violate the law(s) or would otherwise subject InstaConnect to any
regulations in any country or jurisdiction.
(b) We reserve the right to limit our App or the Service, in part or in full, in any country or jurisdiction for any
reason without notice.
(c) You will not disguise your location or IP address through a proxy or any other method.
21. Assignment and Transferability of Rights
(a) All of InstaConnect’s rights and obligations under these Terms are freely assignable by InstaConnect to any
of our affiliates or associates (as such terms are defined in the Business Corporations Act (Alberta)), or in
connection with a merger, acquisition, restructuring, sale of assets, or by operation of law, or otherwise, and we
may transfer any and all information to any of our affiliates, associates, successor entities, or any other party in
respect of any of the foregoing types of transactions.
(b) You may not transfer any of your rights or obligations under these Terms to any other person or entity
without our prior written consent of InstaConnect.
22. No Waiver and Severability
(a) The failure of InstaConnect to enforce any right or provision of these Terms will not constitute a waiver of
future enforcement of that, or any other, right or provision.
(b) The waiver of any right or provision of these Terms will be effective only if in writing and signed by an
authorized representative of InstaConnect.
(c) Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these
Terms will be without prejudice to its other remedies under these Terms or otherwise.
(d) If any provision of these Terms is deemed unlawful, void, invalid, or for any reason unenforceable, then that
provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the
remaining provisions, and the remaining provisions in these Terms will remain in full force and effect.
23. Forum, Venue and Governing Law
(a) For users in Québec: These Terms and Conditions will be interpreted in accordance with the laws of the
Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. You
agree that to the extent any claim or dispute you may have is resolved in Court, the claim or dispute must be
resolved exclusively by a Provincial Court or Federal Court located in Québec. You agree to submit to the
personal jurisdiction of the courts located within Québec for the purpose of litigating all such claims or disputes.
(b) For users outside of Québec: These Terms and Conditions shall be governed in all respects by the laws of
Alberta and the applicable federal laws of Canada, without regard to conflict of law provisions. You agree that to
the extent any claim or dispute you may have is resolved in Court, the claim or dispute must be resolved
exclusively by a Provincial Court or Federal Court located in Alberta. You agree to submit to the personal
jurisdiction of the courts located within Alberta for the purpose of litigating all such claims or disputes.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale
of Goods, the application of which is expressly excluded.
24. Dispute Resolution
YOU HEREBY SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES. YOU ARE
WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT OR OTHERWISE
BY A JUDGE OR JURY. YOU HAVE A LIMITED TIME TO START AN ARBITRATION. YOU MAY
NOT HAVE YOUR DISPUTE HEARD OR RESOLVED AS A CLASS ACTION, CLASS
ARBITRATION, OR A REPRESENTATIVE ACTION UNDER ANY CIRCUMSTANCES.
(a) Agreement to Arbitrate
(i) You agree to waive the right to a trial by judge or jury, or otherwise seek recourse in any court or
tribunal, for all Disputes, except for Excluded Disputes.
(ii) You agree that all Disputes (except for Excluded Disputes), including those relating to, arising out of, or
in any way in connection with your rights of privacy and publicity, will be resolved through final and
binding arbitration to be arranged by InstaConnect in such manner as it determines to be fair and
appropriate, acting reasonably.
(iii) If you are unsuccessful in the arbitration, you are liable to pay the cost of the arbitration, including
InstaConnect’s legal fees.
(iv) You agree not to combine a Dispute that is subject to arbitration pursuant to these Terms with a Dispute
that is an Excluded Dispute.
(v) InstaConnect may require you to, in InstaConnect’s sole discretion, participate in mediation or
settlement discussion prior to commencing arbitration.
(b) Time Limit to Start Arbitration
(i) You agree that for any Dispute (except for Excluded Disputes) you must commence an arbitration
proceeding within six months after the Dispute first arose. In the event such proceeding are not commenced
within six months of the Dispute first arising, such Dispute is permanently barred and you shall have no
recourse or cause of action against InstaConnect.
(ii) If you do not commence an arbitration within six months after the Dispute first arose, then you consent
to the dismissal of the arbitration or any claim made through the Courts.
(c) No Class Actions, Class Arbitrations, or Representative Actions
(i) You agree that you may bring Disputes against InstaConnect only on your own behalf and not on behalf
of any other person or entity or any class of person or entities.
(ii) You agree not to participate in any class action, class-wide arbitration, Disputes brought in a
representative capacity, or consolidated Disputes involving any other person or entity.
25. Language
(a) Les parties aux présentes ont exigés que la présente convention ainsi que tous les documents et avis qui s’y
rattachent et/ou qui en découleront soient rédigés en la langue anglaise.
The parties hereto have required that these Terms and all documents and notices resulting therefrom be
communicated only in English.
(b) Any translated version of these Terms are provided solely for your convenience.
(c) To the extent any translated version of these Terms conflicts with the English version, the English version
shall prevail.
26. Deletion of your account
If you wish to delete your account, you can do so by using the 'Delete Account' feature in the app. Or, you can
emails us at contact@wagbuddy.app requesting deletion of your account. Please note that once the account is
deleted, all the content associated with that account will not be recoverable.
27. Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us on our
company email.