Terms & Conditions

Last Updated: Nov 14th 2024

1. Overview of Terms

We are Crumb LLC ("Crumb", “we”, “us” or “our”). Our company details are set out at the end of this Terms and Conditions document (these “Terms”). These Terms form an agreement between Crumb and you, the user of our website and app and associated pet services (“you”, “user” or “customer”). The Terms set forth the terms and conditions of your use of any of the services we provide through our website and mobile app. Please review these Terms in their entirety and agree to them.

2. Your Acceptance of these Terms

These Terms shall be deemed accepted when you create an account and check the consent box below the registration form. By using our website and app and subscribing to our services, you agree to be bound by these Terms, including any additional policies and agreements referenced or mentioned therein. If you do not agree to any portion of these Terms, your only option is to stop using our services.

3. Additional Terms

Additional terms may apply to specific services. Where this applies, those additional terms shall be in addition to these Terms and you agree to be bound by them. However, if any additional terms conflict with these Terms, those additional terms shall prevail.

4. Privacy Policy; Use of Your Information

Please ensure you review and agree to our Privacy Policy and Cookie Policy. They both contain information about the categories of data or information we collect when you access our website or app and use our services, as well as how we generally handle the information and applicable data protection rights. By using our services and submitting personal information, you agree to our Privacy Policy and Cookie Policy in their entirety. If you do not agree to them, you must immediately cease accessing our website and using our services.

5. Eligible Individuals

You must meet the following requirements to use our services: a. You must be at least 18 years old or the age of legal majority in your jurisdiction or location. b. You must have the legal capacity to enter into a binding agreement such as these Terms. c. Your use of our services must not go against any applicable law, statute or regulation of any location. By subscribing to our services, you represent and warrant that you meet these criteria. If you do not meet the eligibility requirements, you are not permitted to access or use our services.

6. User Account

To subscribe and access any of our services, you must first create an account and submit personal information, including your name, email address and/or phone number. You agree to provide accurate, current and complete information for verification and legal purposes. You must ensure you keep your information updated at all times. You can edit your information from your control panel or by reaching out to us at [email protected]. You agree that failure to provide accurate information may result in the suspension or termination of your account and access to our services. You further agree to the following terms regarding account registration: - You are responsible for maintaining the confidentiality of your account credentials, especially your password. You are fully responsible for all activities that occur under your account. We recommend choosing a strong password and changing it periodically to ensure the security of your account. You must not share your login details with anyone or allow others to access your account, as that’s a violation of these Terms. - You agree to immediately notify us at [email protected] or via the contact section of our website or app if you suspect any unauthorised access to or use of your account. You hereby agree that Crumb is not liable for any losses or damages resulting from any unauthorised use of your account due to your failure to secure your login credentials. - Crumb reserves the right to limit, suspend or terminate your account at any time, with or without notice, and without refund (where applicable) if we believe that you have gone against any portion of these Terms.

7. Tag Service Terms

The Tag service allows users to order free pet tags, which are connected to an online profile to help track lost pets. Tags are free of cost but users are responsible for covering the shipping cost, which vary by location and carrier (e.g. Royal Mail, Canada Post, USPS). The applicable shipping fee is calculated at checkout and displayed to you when you initiate an order. Upon receiving your order and payment, the tag will be dispatched to your shipping address. By ordering a tag, you agree to the following terms: - Premium features. Crumb provides free pet profile, but additional features, such as real-time alerts and vet notifications require a premium subscription. You hereby acknowledge that the tag requires periodic (monthly or yearly) subscriptions for premium features and that merely receiving the tag and creating a pet profile does not include any premium features. - Use of tag. Tags are provided to assist in the identification and retrieval of lost pets. It is your responsibility to ensure that the tag is securely attached to your pet’s collar and that the information on the pet profile is accurate and up to date. Crumb does not guarantee that using the tag will result in the recovery of the lost pet. - Shipping and activation. Once an order is placed, you are responsible for ensuring accurate shipping address. Crumb is not liable for lost or delayed shipments due to incorrect shipping information. You must activate your tag by completing the setup on your account to access its full functionality. Failure to activate the tag may result in limited service. - Liability disclaimer. Crumb disclaims any liability related to incorrect or delayed location information, system errors or third-party failure affecting the tag service. You acknowledge that the tag service is dependent on various third-party providers, and as such, outcomes may vary or be affected. - Limitations. Crumb does not warrant that the tag services will always be available or that it will meet your specific expectations or requirements. We are not responsible for any loss, damage or misuse of the tag. Also, the tag service rely on third-party networks. We cannot guarantee the accuracy of location data, notification delivery times or any part of the service that relies on third-party networks.

8. Crumb Vet Service Terms

Crumb offers its premium members a veterinary consultation service (“Crumb Vet”), which allows members to engage in a chat consultation with a vet via our website and app. By using Crumb Vet, you agree to the following terms: - Access to Crumb Vet is limited to users already subscribed to our Premium or Premium Plus plans. Subscriptions provide access to chat and video consultations for advice on common pet issues. - Crumb Vet provides general guidance and advice on pet care and health. It is not intended as a substitute for in-person veterinary care, and we strongly recommend seeking in-person treatment for urgent, specialised or emergency situations. Crumb does not guarantee any specific outcomes or diagnoses from your use of Crumb Vet consultations. You understand that our veterinarians may not be able to provide a comprehensive assessment based on video communication alone and may advise you to seek further care from a local clinic. - You are required to provide accurate and detailed information about your pet’s health, symptoms and any relevant history during the consultation. Any advice or recommendations provided by the veterinarian are based on the information you provide, and the accuracy of that advice is dependent on the completeness and correctness of the details shared. Follow-up care may be required, and Crumb is not responsible for any consequences resulting from incomplete or inaccurate information. - Crumb may share a summary of the interaction with your veterinary practice if you receive Crumb Vet as a subsidised service through the practice and they have requested these records. You may not record, in whole or in part, any chat conversation or video response from Crumb Vet unless permission has been granted by Crumb. - Crumb disclaims any liability for any injury, illness or negative outcomes resulting from reliance on the advice given during consultations. While we strive to provide helpful and accurate information, the advice given is advisory and is not a replacement for medical or legal counsel. Crumb will not be liable for any damages, direct or indirect, arising from your use of Crumb Vet.

9. Subscription and Payments

As already highlighted, setting up a pet profile is free. However, to enjoy additional features, you must subscribe to either “Premium” or “Premium Plus” plans. By subscribing to access premium features, you hereby agree to the following terms regarding payments, billing and subscription management: a. Subscription Plans, Pricing and Changes. We provide both monthly and yearly subscription options. The price of each package and included features can be found on the pricing section of our website and payment page. Our subscription fees are subject to change at any time, and any changes will be communicated to you in advance. The fees are inclusive of the applicable taxes. b. Currency. All prices for our services are displayed in GBP (£) for users in the UK, USD ($) for users in the US, CAD ($) for users in Canada and so on. The applicable currency will depend on the user's location at the time of subscription. Any charges incurred for our services will be processed in the corresponding currency. Please note that your bank or payment processor may apply additional conversion fees or charges based on your account's currency. c. Failed Payments. If a payment is declined or fails for any reason, you will be notified, and we may attempt to process the payment again. If payment continues to fail, we reserve the right to downgrade your access to the free package until the outstanding fees are paid. d. Billing Issues and Support. You should inform us about any billing problems or discrepancies as soon as you become aware of them. We will make every effort to assist you with any billing queries. In particular, please always contact us before attempting a chargeback with your bank as we may be able to assist with your subscription plan. e. Auto-Renewal. You hereby agree that your subscription will automatically renew at the end of each billing cycle (monthly or yearly) unless you cancel via your account control panel before the renewal date. You will be charged the current subscription rate at the time of renewal. By agreeing to these Terms and initiating a subscription, you authorise automatic billing until you cancel your subscription. Notice of auto-renewal will be sent to your account email address detailing the price plan, applicable charges, subscription period and cancellation method. If you have claimed an introductory or special promotion offer upon signing up for your subscription plan, please note that our services will automatically renew at the standard non-discounted price listed on our website at the time of renewal. This renewal process does not affect your rights to cancel at any time. f. Cancellation. You may cancel your subscription at any time by logging into your account control panel and following the cancellation instructions. If you cancel your subscription before the end of your billing period, you will retain access to the service until the current billing cycle ends. You are aware that refunds are not issued for partial months of service. g. Refund Policy / Free Trial. We may provide you with a 14-day grace period and refund if you cancel your first subscription for the monthly plan within 14 days of your subscription (if you subscribe to a yearly plan, the refund period will be within the first 30 days). At the end of the grace period, refunds will not be approved. Please ensure you cancel your subscription on or before the end of the grace period if you do not wish to continue with the subscription. You can request a refund here or by contacting us at [email protected] h. Termination for Cause. We may cancel your subscription and access to our services without refunds if we determine that you have violated these Terms. Where we have cancelled or terminated your subscription plan, you shall immediately cease any and all use of the services.

10. Payment Processing.

All payments processed on our website, including tag shipping fees and periodic subscriptions, are handled securely by our third-party payment processors. By initiating payments on our services, you authorise us and our third-party payment processors to charge the applicable fee to your designated payment method. You warrant to us that you own the payment method submitted or that the owner permits you to use it. You further warrant that your payment method contains sufficient funds to cover the applicable fees displayed on the payment page. You also agree that we may store and use your payment method information after ordering our tag in order to pay for future subscriptions to premium features.

11. Intellectual Property Rights and License

The content on our website and app, including but not limited to texts, descriptions, photos, images, graphics, logos, icons, audio clips, video clips, digital downloads, data compilations and software is the property of Crumb or its licensors and is protected by copyright, trademark, patent and other intellectual property laws in the UK and other locations. You acknowledge and agree that Crumb or its licensors retain all rights, title and interest in and to our website and app and related content, including all associated intellectual property rights. Subject to your compliance with these Terms, we hereby grant you a limited, revocable, non-exclusive, non-transferable license to access and use our website and app and associated content solely for personal, non-commercial purposes. This license does not include the following: - The right to modify, reproduce, distribute, publish, transmit, publicly display or perform, or create derivative works of any part of our content. - The use of any data mining, robots, or similar data-gathering or extraction tools. - The use of any meta tags or any other hidden text utilising Crumb's name, trademarks or service marks without prior written consent. You agree not to use our content or any part of our website and app in any manner that infringes our intellectual property rights or those of any third party. You may not use our trademarks, service marks and trade dress without our prior written consent, and you may not use them in connection with any product or service that we do not provide; or in any manner that is likely to cause confusion among our customers; or in any manner that disparages or discredits us.

12. User Submissions and Creative Contributions

If you submit materials to Crumb (e.g., contest entries, creative ideas, suggestions, proposals), whether requested or unsolicited, you agree that we may, without limitation, edit, copy, publish, distribute and use these submissions in any medium. We are not obligated to keep submissions confidential, compensate you or respond to them. You agree not to submit content that infringes on the rights of others, contains harmful material or includes viruses. Any false information or misrepresentation is prohibited. You are solely responsible for the accuracy and legality of your submissions. We assume no liability for user submissions.

13. Errors, Inaccuracies and Omissions

Occasionally there may be information on our website, app and services that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in our services or on our website and app, including without limitation, pricing information, except as required by law.

14. Prohibited Uses

In addition to the restrictions outlined in these Terms, you agree not to use our website and app and associated content for any of the following: - Creating or submitting false pet profiles, lost pet alerts or misleading information. - Attempting to access another user’s account or personal information without permission. - Using our website and app for unlawful purposes, including but not limited to, fraud or soliciting unlawful acts. - Scraping, collecting or tracking personal information of other users without consent. - Spamming or overusing the lost pet alert system in a manner that disrupts the community. - Using, sharing or distributing any content on Crumb that infringes upon our intellectual property or that of others. - Uploading or transmitting viruses, malware or any code that could impact the functionality or security of our website and app. - Attempting to interfere with or bypass security features of our website, app or any related website or system. Violations of these rules may result in the termination of your access to Crumb, as well as other legal consequences.

15. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. These Terms are effective unless and until terminated by either you or Crumb. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our website. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

16. Disclaimer of Warranties

YOU HEREBY AGREE THAT CRUMB PROVIDES ITS SERVICES, INCLUDING TAG SERVICES AND CRUMB VET CONSULTATIONS, ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE RELIABILITY, ACCURACY OR AVAILABILITY OF OUR SERVICES, INCLUDING THE ABILITY TO SUCCESSFULLY LOCATE LOST PETS OR THE QUALITY OF ADVICE PROVIDED DURING VET CONSULTATIONS. CRUMB DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE NATURE OF THE PET-FINDING SERVICE AND VET CONSULTATION INVOLVES A DEGREE OF UNCERTAINTY, AND WE CANNOT GUARANTEE SPECIFIC OUTCOMES. THE USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY DECISIONS OR ACTIONS TAKEN BASED ON THE INFORMATION PROVIDED BY CRUMB. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CRUMB OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRUMB, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITE, APP AND SERVICES, INCLUDING BUT NOT LIMITED TO, LOSS OF PETS, FAILURE TO LOCATE LOST PETS, RELIANCE ON THE ACCURACY OF VETERINARY CONSULTATIONS OR ANY INTERRUPTIONS OR MALFUNCTIONS OF OUR SERVICES. YOU ACKNOWLEDGE THAT OUR SERVICES PROVIDED ARE INTENDED TO ASSIST WITH PET RECOVERY AND VETERINARY CONSULTATIONS, BUT DO NOT GUARANTEE SUCCESS OR ACCURACY. WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS WILL BE CORRECTED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES IS TO CEASE USING OUR WEBSITE, APP AND ASSOCIATED FEATURES. BY USING OUR SERVICES, YOU AGREE THAT ANY CLAIMS OR DAMAGES ARISING FROM YOUR USE SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SERVICES, IF ANY, WITHIN THE PAST 12 MONTHS OR A FIXED SUM OF GBP100 OR ITS EQUIVALENT IN YOUR CURRENCY.

18. Indemnification

You agree to indemnify, defend and hold harmless Crumb and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, your violation of any law or the rights of a third-party or your breach of any applicable laws.

19. App Store Terms

If you download the Crumb mobile app (the “App”) from either the Google or Apple Play Stores (each an “App Store”) for our Crumb Vet services, this section applies to you. By downloading the App from an App Store, you agree that: - These Terms are solely between you and Crumb and not with the App Store provider. Crumb is responsible for providing the App and the content on it, not the App Store provider. If the usage rules in the terms of service of the App Store are stricter than or conflict with these Terms, the usage rules in the terms of service of the App Store shall prevail. - The App Store provider has no obligation to offer any maintenance or support services with respect to the App. Crumb is responsible for any maintenance and support services with respect to the App. - The App Store provider is not responsible for any warranties, issues, liabilities and costs applicable to the App. If the App fails to conform to any warranties, it shall be Crumb’s responsibility and not the App Store provider. - Crumb is responsible for any claims you or any third party may have with respect to the App, including product liability claims, non-conformance to legal requirements claims, consumer protection or similar legislation claims or intellectual property claims. - The App Store provider is a third-party beneficiary of these Terms, and upon you agreeing to these Terms, the App Store provider shall be able to enforce these Terms against you as a third-party beneficiary.

20. Governing Law and Jurisdiction

These Terms and any separate agreements whereby we provide you our services shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or our services shall be brought exclusively in the courts located in England and Wales. By using our services, you consent to the personal jurisdiction and venue of such courts. If you access the Services from outside England and Wales, you are responsible for compliance with local laws and regulations. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, and you waive any objection to such jurisdiction and venue.

21. Changes to Terms

We reserve the right to update, change or replace any part of these Terms due to changes in applicable laws or features on our services. Such changes will be made by posting them on this page and displaying a notice on the website or your email address. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website and services following the posting of any changes to these Terms constitutes your acceptance of those changes. You can review the most current version of the Terms at any time on this page.

22. Third-Party Tools and Links

Crumb may offer you access to various third-party tools or services on our services. These tools are provided "as is" and "as available" without warranties, endorsements or any form of control or input from Crumb. By using these tools, you acknowledge and accept that Crumb will not be liable for any issues or disputes arising from their use. Any interaction you have with third-party tools is entirely at your discretion, and it is your responsibility to review and understand the terms of the third-party providers before proceeding. Crumb makes no representations regarding the accuracy, reliability, or quality of any tools or services offered by third parties. Additionally, our website and app may contain links to third-party websites, content, products, or services. These third-party links may direct you to external websites that are not associated or affiliated with Crumb. We do not review, monitor or assess these third-party websites for accuracy, legality or safety, and Crumb assumes no responsibility for any damages or issues that may arise from your interactions with third-party websites. Your use of third-party websites is at your own risk. We strongly advise reviewing the policies, terms and privacy practices of any third-party websites you visit. Any complaints, concerns, or disputes related to third-party content or services should be directed to the respective provider. Should Crumb offer new features, services, tools, or resources in the future, they will be governed by these Terms and any additional terms that may be introduced alongside the new features.

23. General Terms

a. Entire Agreement. These Terms, and referenced agreements and policies, constitute the entire agreement between you and Crumb concerning our services. They supersede any prior agreements, discussions or understandings, whether oral or written. b. Severability. If any provision of these Terms is found to be unenforceable or invalid, such a provision shall be severable from these Terms, and it shall not affect the enforceability and validity of the remaining provisions. The severable provision may be replaced with a provision that most closely aligns with its intent. c. No Waiver. Crumb’s failure or delay to enforce any right or provision under these Terms at any time shall not be considered a waiver of Crumb’s right to enforce the provision later or on similar violations unless Crumb acknowledges and agrees to the waiver in writing. Any waiver of a breach or default under these Terms shall NOT be deemed a waiver of any subsequent breach or default. d. Assignment. You may not assign or transfer your rights or obligations under these Terms to any third party without Crumb’s prior written approval. The rights a user has over their account terminate upon their death. On the other hand, Crumb may freely assign or transfer its rights and obligations under these Terms without restriction. e. Force Majeure. If any event prevents Crumb from discharging its obligations to you, such as natural disasters, acts of government, internet breakdowns, power outages or other disruptions, Crumb shall not be held liable for any liabilities that delay or non-performance. f. Electronic Communications. By using our website and services, you consent to receive electronic communications from us, especially via your account email address. You agree that all agreements, notices, disclosures and other communications provided electronically by Crumb in connection with our services satisfy any legal requirement that such communications be in writing. g. No Partnership. You understand that your use of our website and services does not create any partnership, agency, joint venture or any other fiduciary relationship between you and us. You may not represent Crumb in any manner except where Crumb agrees to it in writing. h. Feedback, Suggestions and Ideas. Crumb welcomes your feedback, suggestions or ideas regarding our website and services. By submitting any feedback, suggestions or ideas to Crumb, you grant us a non-exclusive, royalty-free, perpetual and irrevocable license to use, modify, publish and distribute such feedback in any media. We may, but are not obligated to, review, consider or implement any suggestions you provide. Please note that any feedback you submit will be considered non-confidential and non-proprietary, and Crumb will have no obligation to you regarding the use of such feedback.

24. Contact Us

If you have any questions, comments or complaints, please contact us at [email protected] or via postal mail to: Crumb LLC d.b.a Crumb

256 Champan Road STE 105-4
Newark
Delaware
19702
United States