Pawrate Terms and Conditions

I. Introduction

(1) These General Terms and Conditions (GTC) govern the use of Pawrate (hereinafter Pawrate) between the provider and the user, as well as all services used in this context. Use may include use of the Pawrate App as well as use as a recommender, Pawrate Insider, or participating provider.

(2) In the app, Pawrate offers the possibility to manage information about one's own pet, find local providers, and use an AI-supported chat function (hereinafter Paw AI) for questions relating to the pet.

(3) In addition, there is editorial content in the form of articles (knowledge content) and structured guides (instructions).

II. Provider

(1) The provider of Pawrate isPawrate UG (haftungsbeschränkt) Barlachweg 12 42857 Remscheid, Germany Represented by the managing directors Marc-Colin Schwarz and Lukas Jahn Email: support@pawrate.de Telephone number: +49 21915652593 Commercial register: Local Court of Wuppertal, commercial register number: HRB 36234

(2) By registering, the user bindingly acknowledges the applicability of these GTC.

III. Scope and Subject Matter of Use

(1) These GTC apply to all users of Pawrate. Any deviating terms of the user do not apply unless the provider has expressly agreed to their application in writing. For the use of the Pawrate App, the license and usage terms of the respective app stores apply in addition insofar as they apply to the use of the app, the purchase of in-app subscriptions, payment processing, automatic renewal, cancellation, withdrawal, or refunds; Google: Google Play Terms of Service and Google Play Refund Policy Apple: Apple Standard End User License Agreement (EULA) and Apple Media Services Terms and Conditions Otherwise, our GTC apply unless they conflict with the respective store terms.

(2) Pawrate is intended to serve as an everyday companion for dealing with pets, so that information about the pet can be managed through it and the app provides support in everyday life, for example through the AI chat (hereinafter Paw AI).

(3) The app is available free of charge with a limited number of Paw AI requests. The number of free Paw AI requests available may change as the offering continues to evolve. Paw AI outputs serve exclusively as general support and do not replace veterinary, legal, or other professional advice. AI outputs may be incorrect, incomplete, or outdated. Decisions, especially those concerning health, must therefore not be based exclusively on AI outputs. Obtaining qualified professional advice is therefore essential.

(4) The paid Paw AI+ subscription is available for extended use of Paw AI requests. Paw AI+ enables a larger number of free requests to Paw AI (currently 200 requests per month). This gives users a better usage experience and allows them to contact Paw AI+ more often with their everyday questions.

IV. Registration and User Account

(1) Registration is required to use Pawrate. The information provided must be complete and truthful.

(2) Login credentials must be treated confidentially and protected against unauthorized access by third parties. The user is liable for all actions carried out using their login credentials.

V. Scope of Use

(1) Pawrate may only be used for non-commercial purposes.

(2) The user assures that the information entered concerns their pet or that they are at least authorized to share this information in Pawrate.

(3) The user guarantees that they are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and that they are not listed on any U.S. government list of prohibited or restricted parties.

(4) The user acknowledges and agrees that the app store operators and their subsidiaries are third-party beneficiaries of the GTC and that, upon acceptance of the terms of the GTC by the end user, the app store operators have the right to enforce the GTC against the end user as third-party beneficiaries.

VI. Insider Recommendations

(1) If someone has been selected to submit recommendations via Pawrate, this recommender receives a link through which they can enter recommendations for specific places or providers. The recommendations are reviewed by Pawrate and selected at Pawrate's own discretion and according to internal quality criteria in order to write further articles about the places or providers. The recommender grants the provider a simple, non-exclusive, geographically and temporally unlimited right to store the information provided (recommendations), to edit it editorially (modify, shorten, translate, etc.), and to create editorial content about places or providers for Pawrate from it. The editorial content created from this may be freely used on various channels (e.g. Pawrate App, website, newsletter, press material, social media channels, etc.) also for marketing purposes and may be passed on to third parties for these purposes.

(2) The recommender assures that the information corresponds to their own recommendations and that no confidential information or rights of third parties are infringed as a result.

(5) A reference to the recommender is made only on request and after an Insider profile has been created, so that a link to it can be provided.

(6) Insiders/recommenders may withdraw recommendations by sending a message to support@pawrate.de with a notice period of 4 weeks. Once the withdrawal becomes effective, the adopted content (e.g. quotes) will be removed from the app and other channels. Sublicenses already granted to third parties remain unaffected, provided they were established before receipt of the withdrawal. For publications on third-party sites or in printed materials that took place before receipt of the withdrawal, the rights grant remains in effect.

VII. Insider Profiles

(1) If a recommender creates an Insider profile, they grant the provider a simple, non-exclusive, geographically and temporally unlimited right to publish the profile information (e.g. name, profile picture, hero image, biography, etc.) as a public profile in the app, on the website, or on other channels (e.g. editorially connected pages, social media channels). The provider is entitled to crop, scale, translate, and linguistically adapt the profile information and to modify it for layout adaptation and editorial presentation. The editorially created profiles may be freely used on various channels (e.g. Pawrate App, website, newsletter, press material, social media channels, etc.) also for marketing purposes and may be passed on to third parties for these purposes.

(2) The recommender assures that they are entitled to provide the information, in particular that they are the author or holder of the rights to the uploaded images, and that no confidential information or rights of third parties are infringed as a result. If third persons are depicted in the images, the recommender/Insider assures that they have consented to the described use. Upon immediate request, the recommender/Insider indemnifies the provider against all third-party claims relating to unauthorized image use.

(3) Insider profiles may be linked to the recommender's own recommendations upon request. If this occurs, a separate presentation, for example as "Insider of the Week", may also take place through the previously mentioned channels and for advertising purposes.

(4) Insider profiles can be deleted at any time with effect for the future by sending a message to support@pawrate.de.

VIII. Images of External Providers

(1) External providers or Insiders/recommenders may be invited to provide images of a provider via a link. They grant the provider (Pawrate) a simple, non-exclusive, temporally and geographically unlimited right to use the images free of charge in the Pawrate App and on the previously mentioned channels for presentation, for example in articles, blog posts, etc., and for other advertising purposes. The provider (Pawrate) is entitled to crop, scale, and creatively modify them and to pass them on to third parties for the stated purposes.

(2) The external provider or Insider/recommender assures that they are entitled to provide the information, in particular that they are the author or holder of the rights to the uploaded images, and that no confidential information or rights of third parties are infringed as a result. If third persons are depicted in the images, the recommender/Insider assures that they have consented to the described use. Upon immediate request, the recommender/Insider indemnifies the provider against all third-party claims relating to unauthorized image use.

(3) External providers as well as Insiders/recommenders may withdraw the rights grant for images by sending a message to support@pawrate.de with a notice period of 4 weeks. Once the withdrawal becomes effective, the images will be removed from the app and other channels. Sublicenses already granted to third parties remain unaffected, provided they were established before receipt of the withdrawal. For publications on third-party sites or in printed materials that took place before receipt of the withdrawal, the rights grant remains in effect.

IX. Paw AI+

(1) The paid Paw AI+ subscription is available for an extended request experience (currently 200 requests per month). A monthly subscription amount (according to the current fee overview) is due for use, with part of the subscription fees being donated to animal emergency aid organizations selected by the provider.

(2) Subscription contracts are processed exclusively through the payment platforms of the respective app stores. For users of Android devices, processing takes place via the Google Play Store; for users of iOS devices, via the Apple App Store. The provider has no influence on the specific payment processes, invoicing, or payment processing. These are carried out exclusively by the respective app store operators.

(3) The customer can select Paw AI+ and add it to the cart in the respective app store (Google Play Store or Apple App Store). The customer books the subscription via the "buy" button while accepting the terms of use of the respective app store. Google: Google Play Terms of Service and Google Play Refund Policy Apple: Apple Standard End User License Agreement (EULA) and Apple Media Services Terms and Conditions

(4) Billing/payment takes place via the payment method approved by the app store, in particular via the payment method stored with the store by the user. The provider usually receives from the app store only the payment and billing information required for contract performance.

(5) The subscription renews automatically unless it is cancelled before the end of the current subscription period in the subscription management of the respective app store. Cancellation can only be carried out through the respective app store. Direct cancellation with the provider is not possible. After cancellation, access to the paid functions remains available until the end of the already paid subscription period.

X. Right of Withdrawal

(1) Consumers generally have a statutory right of withdrawal when concluding a distance contract, about which information is provided below. The exceptions to the right of withdrawal are set out in paragraph (3). A model withdrawal form is provided below.

(2) Because processing takes place through the respective app store operator, all declarations regarding withdrawal must be made to that operator.

Withdrawal Instructions

Right of withdrawalYou have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of contract conclusion.

To exercise your right of withdrawal, you must inform the respective app store(Google: Google Commerce Limited, c/o Customer Support, 70 Sir John Rogerson's Quay, Dublin 2, D02R296, Ireland, telephone number: 0800 6 270 506 Apple: Apple Distribution International Ltd., iTunes Store Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, rightofwithdrawal@apple.com) by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send the withdrawal before the withdrawal period expires.

Consequences of withdrawalIf you withdraw from this contract, we (or the respective app store) must refund to you all payments that we have received from you, including delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.

If you requested that the service begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of exercising your right of withdrawal with regard to this contract compared with the total scope of the services provided for in the contract.

(3) The right of withdrawal also expires for contracts for the provision of digital content not supplied on a tangible medium under the following conditions: In the case of a contract that obliges the consumer to pay a price, if a) the trader has begun performance of the contract, b) the consumer has expressly consented to the trader beginning performance before the expiry of the withdrawal period, c) the consumer has confirmed their knowledge that, by giving consent under point b, their right of withdrawal expires once performance begins, and d) the trader has provided the consumer with confirmation pursuant to Section 312f of the German Civil Code.

Model Withdrawal Form

(4) Additional information can be found at the respective app store under:Google: Google Play Terms of Service and Google Play Refund Policy Apple: Apple Standard End User License Agreement (EULA) and Apple Media Services Terms and Conditions

XI. Liability for Defects

The customer is entitled to the statutory rights regarding defects.

XII. User Obligations

(1) Pawrate is to be used in accordance with applicable laws and these GTC.

(2) In particular, the following is prohibited:

• entering unlawful, insulting, discriminatory, violence-glorifying, or abusive content,
• entering data of third parties without the required authorization,
• circumventing technical safeguards,
• using Pawrate to distribute harmful software,
• any automated extraction, manipulation, or burdening of the systems without the provider's consent.

XIII. Intellectual Property Rights

(1) Pawrate is protected by copyright. Use does not grant any rights beyond mere use. In particular, it is a non-transferable license limited in accordance with the terms of the app stores. Google: Google Play Terms of Service and Google Play Refund Policy Apple: Apple Standard End User License Agreement (EULA) and Apple Media Services Terms and Conditions

(2) If users enter content, texts, or images into Pawrate, they grant the provider the rights of use required for use in Pawrate for the duration of use of Pawrate. The user assures that they have the necessary rights and that no third-party rights are infringed.

(3) Unlawful or infringing content may be removed or blocked by the provider at any time.

(4) If third parties claim an infringement of intellectual property rights, the provider is responsible for the investigation and any further legal dispute concerning the assertion of any rights. The app store operators bear no responsibility.

XIV. Availability

(1) Pawrate aims to provide users with an experience that is as disruption-free as possible. However, there is no entitlement to this. In particular, maintenance work or other technical or other disruptions (for example force majeure) may temporarily restrict availability.

(2) Because Pawrate also uses third-party services, there is likewise no entitlement to freedom from disruptions in this respect.

XV. Liability

(1) The provider is liable without limitation in cases of intent, gross negligence, injury to life, body, or health, and under mandatory statutory provisions.

(2) In cases of simple negligence, the provider is liable only for breach of essential contractual obligations, limited to the damage typically foreseeable under the contract.

(3) Liability for decisions that the user makes solely on the basis of AI responses is excluded within the statutory limits.

(4) In the event of a failure of the app, the user is entitled to notify the operator of the respective app store so that the purchase price can be refunded. The app store operators have no further obligation.

XVI. Exclusion from Use

If there are specific indications of a breach of these Terms, Pawrate may temporarily or permanently block access at any time.

XVII. Maintenance and Support

The provider is solely responsible for maintenance and support. The app store operators bear no responsibility.

XVIII. Data Protection

Information on the processing of personal data in connection with the use of Pawrate can be found in the Privacy Policy. The entry of personal data into Paw AI must be limited to what is necessary.

XIX. Reservation of Changes

The provider reserves the right to change, expand, or discontinue the scope of the offering in whole or in part without prior notice. There is no entitlement to maintenance, support, or troubleshooting.

XX. Final Provisions

Contracts between the provider and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

If individual provisions are legally invalid, the remainder of the contract shall remain binding. To the extent available, the statutory provisions shall apply in place of the invalid provisions.