Terms of service

By logging into this mobile application portal, the user hereby agrees to the following terms and conditions under which this mobile application service is provided.

Waggle and/or its affiliates reserves the right to update the TERMS OF USE (“TOU”) at any time without notice to you. For the purposes of these Terms of Use, the term, “Websites”, shall refer collectively to www.mywaggle.com as well as the other websites that Nimble operates and that link to these Terms of Use. In the case of any violation against the provisions of the TOU, Waggle shall have the right to seek legal and fair remedies.

To read Australian Privacy Policy, CLICK HERE

1. Description of Service

Waggle will host certain mobile software applications for the users’ personal use of environmental parameter monitoring for residential, fleet, or asset tracking/monitoring and /or Industrial, Logistics, Cold chain Logistics, Telecom, and Energy monitoring activities (“Service”). And also for the user’s personal use of live monitoring of pet activities, audio detection, food dispenser, and speaker (“Services”).

The terms and conditions detailed below specifically pertain to Waggle’s mobile applications as listed below:

1. “Waggle” family of Mobile applications used for location tracking and monitoring of pet fitness and health, environmental parameters such as temperature, pressure and other parameters as supported from time to time for use in applications including but not limited to Commercial/personal Shipments/Packages/Vehicles/Recreational vehicles/Motor homes/Vacation homes.
2. “Waggle” family of Mobile applications for use in applications including but not limited to Pet fitness and health monitoring, Environmental parameter monitoring such Temperature, pressure and other parameters as supported from time to time.
3. Waggle Pet App mobile application.

And for WaggleCam,

1. “Waggle” Mobile applications utilize live pet monitoring through a high-definition camera, night vision lens, treat tosser, audio detection system, and built-in speaker. These applications can be used in various settings, including but not limited to homes, second homes, motorhomes, and vacation homes.
   
   

Waggle will provide remote access to these web and mobile applications to the user through a secure username and password.

2. Consent to storage/use of location information

When you use a location-enabled GPS application such as the Waggle Web & Mobile applications, we collect and process information about the actual physical location of the asset to which the tracking device associated with this application is connected or attached to, using GPS and/or cellular signals received by the tracking device and sent over the internet to the application server hosting the Waggle application. Waggle devices may also use various other technologies to determine location, such as sensor data from the device that may, for example, provide information on accessories/devices connected to the tracking device or nearby Wi-Fi access points and cell towers. The location data information of your asset, to which the tracking device is attached, is stored in our servers and is being used only for the sole purposes of providing the tracking application for your use and/or performance optimization of our applications. Such location and other sensor data from the device is protected against unauthorized use and will not be disclosed to third parties except as required by law enforcement authorities. The GPS feature is only applicable for the Waggle Pet Monitor that tracks temperature and humidity.

3. Availability of Service

Subject to the terms and conditions of this Agreement, Waggle shall use commercially reasonable efforts to provide services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. User agrees that from time to time the services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunction; (ii) periodic maintenance procedures or repairs that Waggle may undertake from time to time; or (iii) causes beyond the control of Waggle or that are not reasonably foreseeable by Waggle, including without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. User further agrees that the availability of the Service or hosted application may be interrupted during periods of time during which Waggle has scheduled upgrades to the Services and or web server. Waggle will make every effort to inform in writing or by electronic mail to user of such interruption in service prior to such interruption. However, it is expressly clarified that Waggle shall not be responsible for any interruption in the Service due to the reasons mentioned hereinabove.

4. Modification of terms of service

Waggle may modify the Terms of Service upon notice to User at any time. User will be provided notice of any such modification by electronic mail. The user may terminate the use of the Services if the terms are modified in a manner that substantially affects the user’s or user’s rights in connection with the use of the Services. User’s continued use of the Service after notice of any change to the Terms will be deemed to be user’s agreement to the amended Terms of Service, and the user shall be required to pay for such continued Service.

5. Personal information and privacy

The user is responsible for maintaining the confidentiality of username, password, and other sensitive information. The user is responsible for all activities that occur in the User’s account, and the User agrees to inform Waggle immediately of any unauthorized use of user’s account by email or by calling Waggle. Waggle is not responsible for any loss or damage to User’s or any third party incurred as a result of any unauthorized access and/or use of User’s user account, or otherwise.

5.1 Cookies

Cookies are pieces of data that are often created when a user visits a website/mobile application and which are stored in a cookie folder on the user’s computer/smart device. One or more cookies may be created when accessing the Waggle website or mobile application. The cookie provides functionality by storing user preferences while the user navigates around the site. This cookie is automatically deleted shortly after the user logs out of the site, or the session is timed out. The cookie does not contain any personal information about the user, and it cannot be used to identify an individual user. The user may choose to set the browser to not accept cookies, but this may limit some Waggle mobile application features. Waggle also automatically collects information, including but not limited to IP address, about user’s visit to its site. This information is used to make users’ visit to Waggle site more efficient and help remember browsing preferences on Waggle site to make regular improvements.

Waggle also automatically collects information including but not limited to IP addresses, about User’s visit to its site. This information is used to make user’s visits to the Waggle site more efficient, and to help remember browsing preferences on the Waggle site so as to make regular improvements.

5.2 Changes to this Privacy Policy

Any changes to the Privacy and/or Data Retention Policy that affect how user data is handled will be communicated by Waggle by email to the user and updated in the terms and conditions.

5.3 Data Protection and Security

Waggle is committed to protecting user data collected through Waggle. Data collected through Waggle websites and mobile applications primarily include tracking information of various assets and other parameters monitored (ex: vehicles or other equipment (if applicable) and the temperature or other parameters measured by the Waggle device that may be tracked) belonging to the User and to a small extent personal User account information such as name, phone numbers, address, etc. Waggle will take diligent processes to safeguard this data. The steps include but are not limited to organizational (who has access to it) security procedures and electronic access control to this data. However, Waggle will not be responsible for any unauthorized use of the data on account of unauthorized disclosure by the user. The security of your Personal Information is important to us, but remember that no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

5.4 Data Retention

1. Waggle will not retain data pertaining to tracking information of assets or users.
2. Tracking data from the Waggle mobile application/website are automatically deleted by the webserver.
3. Access to Waggle online service is through password-protected logins. It is the responsibility of the user to make sure that these login credentials are not provided to unauthorized personnel.
4. In general, any information provided to Waggle will only be used by us in accordance with these terms. User information will be disclosed where Waggle is obliged by law to do so. Also, if a user post or sends offensive, inappropriate or objectionable content anywhere on this website or otherwise engages in any disruptive behavior on the website, Waggle can use whatever information is available to Waggle to stop such behavior.

6. Financial arrangements

Financial terms and conditions under which this mobile application portal service is provided are as per the terms of the web services agreement entered into between the User and Waggle or as provided during the ordering of the service online.

7. User’s representations and warranties

Waggle User represents and warrants that:

• It shall use the web Service solely in accordance with these terms and conditions.
• It will not, directly or indirectly, disassemble, decompile, reverse engineer, translate or otherwise copy the Service or its components for any purpose.
• It will use our services for lawful purposes only and comply with all applicable laws and regulations while using the Service.
• It will provide authentic information in all instances where such information is requested of it. Waggle reserves the right to confirm and validate the information and other details provided by the user at any point in time. If upon confirmation, the user’s details are found not to be true (wholly or partly), Waggle has the right in its sole discretion to reject the registration and debar the user from using the Services and/or other affiliated websites without prior intimation whatsoever.
• It is accessing the Services at its sole risk and is using its best and prudent judgment.
• It may not use the mobile application or website, or Service for any of the following purposes:

1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offense results in civil liability or otherwise breaches any relevant laws, regulations, or code of practice.

Gaining unauthorized access to other computer systems.

1. Interfering with any other person’s use or enjoyment of the Site.
2. Breaching any applicable laws;
3. Interfering or disrupting networks or websites connected to the Site.

Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.

8. Copyrights

User retains any copyrights on any content created by the User, such as logos on banners or images. User warrants to Waggle that any user content is original and user is the sole author or the User has the full power and/or license to make this arrangement and publish this content on the Internet. The user indemnifies Waggle against any losses and other expenses, including reasonable attorney’s fees, after the final judgment of any claim or action against any of all of these warranties.

All Waggle libraries, source code, distributable files, and other files remain Waggle’s exclusive property. Regardless of any modifications that User or Waggle makes, User may not distribute, amend, modify, decompile, reverse engineer or otherwise change any files (particularly Waggle’s source code and other non-executable files) except those that Waggle has expressly designated as distributable files.

Any additional features or capabilities, cosmetic changes to any User Interface, or additions to the codebase, database, or any files associated with any of Waggle’s applications remain the exclusive property of Waggle regardless of the origin of the concept of the additional features or capabilities.

9. Assignment

User shall not assign this Agreement or any right or interest under this Agreement or delegate any obligation to be performed under this Agreement without Waggle’s prior written consent. Any attempted assignment in contravention of this Section shall be voidable at Waggle’s discretion.

10. Restrictions on use

User represents and warrants that it shall not use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe the intellectual property or other rights of another. User agrees not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing,” or unsolicited mass distribution of email. Waggle reserves the right to terminate access to the Services if there are reasonable grounds to believe that the User has used the Services for any illegal or unauthorized activity. User is further prohibited from violating or attempting to violate the security of the website/server, including, without limitation, (a) accessing data not intended for the User or logging onto a server or an account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the website/server, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Waggle may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. The user agrees not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Services/website or any activity being conducted on this website. The user agrees, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) any part of the Service or the website.

11. Disclaimer of Warranties

The user expressly understands and agrees that the use of the services is at the User’s sole risk. The Services are provided on an as-is-and-as-available basis. Waggle expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Waggle makes no warranty that the services will be uninterrupted, timely, secure, or virus-free. Use of any material downloaded or obtained through the use of the Services shall be at User’s own discretion, and risk and user will be solely responsible for any damage to User’s computer system, mobile telephone, wireless device, or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by user from Waggle, its employees, or representatives shall create any warranty not expressly stated in the terms.

12. Limitation of Liability

IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SERVICES THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

Use of Waggle Solution and Pet Temperature Monitoring Device

User agrees that the Services covered under the Waggle Solution and Pet Temperature Monitoring Device are limited to monitoring the temperature and reporting any such temperature deviation to the Users. Since these deviation alerts are sent over a cellular network, there may be delays or failures in such alerts owing to various reasons, including but not limited to the cellular network delays/failures in the region of the user and or the monitoring/tracking device. In no event shall Waggle be liable for any death, harm, or injury caused to User or his/her pets by reason of such deviation in temperature or by the failure of or delay in transmitting the deviation alert messages.

Use of WaggleCam

User agrees that the Services covered under the WaggleCam are limited to live monitoring the pets and interacting with the pets using two-way audio. Since these updates are sent over a Wi-Fi/Bluetooth/cellular network, there may be delays or failures in such updates owing to various reasons including but not limited to the Wi-Fi/Bluetooth/cellular network delays/failures in the region of the user. In no event shall Waggle be liable for any death, harm or injury caused to User or his/her possessions by reason of such deviation in live relay or by the failure of or delay in transmitting the updates.

Use of Waggle Pet Toys & Accessories

User agrees that, they will be responsible for the pet and their children’s safety in the use of these Waggle pet toys and accessories. In no event shall Waggle be liable for any damages, death, harm or injury caused to their children and pets as a result of the use or failure or breakage of these pet toys and accessories.

Use of Waggle Community

To maintain quality discussions, all posts, including video, pictures, and location reviews, have to accept the following posting policy:

• Abusive, hateful, offensive posts and links are prohibited on Waggle community platforms.
• Do not post texts, videos, or links to content that are off-topic or disruptive of the discussion.
• Contents that threaten or harass others are prohibited.
• Sexually explicit content and content that contain profanity are strictly prohibited.
• Posting corrupted files or files containing viruses is prohibited as they may damage someone else’s computer.
• Posting materials that violate the copyrights or other intellectual property rights of others is prohibited.
• Post clear, valuable, honest information.
• Bullying of any form is strictly prohibited inside the community. Respect people and their pets inside this platform.
• Violation of the U.S’s laws, rules, or regulations is condemned.
• Do not violate any other applicable law or regulation.

By participating or logging into the community, you are considered to be in agreement with the terms and conditions above. In case of any misconduct, you might face suspension of your usage and the deletion of all your posts.

13. Indemnification

User agrees to indemnify and hold harmless Waggle, its officers, directors, employees, suppliers, and affiliates from and against any losses, damages, fines, and expenses (including attorney’s fees and costs) arising out of or relating to any claims arising out of a breach of these terms and conditions and the representations and warranties provided by the user or our of any claims arising out of the user’s use of the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the terms, or any other claim related to user’s use of the Services, except where such use is authorized by Waggle.

14. Suspension and Termination

Waggle may suspend a User’s account or temporarily disable access to the whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies. Waggle may terminate a suspended or disabled user account after thirty days. Waggle will also terminate User’s account at user’s request. In addition, Waggle reserves the right to terminate User’s account and deny the Services upon reasonable belief that user has violated the Terms. Termination of user account will include denial of access to all Services, deletion of information in user’s account such as user’s email address and password, and deletion of all data associated with or in user’s account.

15. Governing Law and Jurisdiction

These terms shall be construed in accord with the applicable laws of California. The Courts at San Diego County, California, shall have exclusive jurisdiction in any proceedings arising out of these terms.

In the event of any dispute or difference, either in interpretation or otherwise, of any terms of these terms, the same shall be referred to an independent arbitrator who will be appointed by us, and his decision shall be final and binding on the user. The above arbitration shall be in accordance with the applicable laws of California as amended time to time. The arbitration shall be held in San Diego County, California.

If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect. Unless otherwise specified herein, these terms constitute the entire agreement between Waggle and the user with respect to Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. Waggle’s failure to act with respect to a breach by the user or others does not waive its right to act with respect to subsequent or similar breaches.

16. Click here to know about Subscription Policy.

17. Click here to know about Warranty, Return and Refund Policy.

18. Click here to know about Privacy Policy.

• For Waggle, email us at [email protected], (typical responses within 24 hours. Emails sent over the weekends may experience slight delays).
• Call: 855-983-5566 (Monday to Friday 10 am – 8 pm EST)