1. Acceptance of Terms
By downloading, installing, accessing, or using PawsOut (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not install or use the App.
We reserve the right to modify or update these Terms at any time at our sole discretion. We will notify you of material changes by updating the "Last Updated" date above or through in-app notifications. Your continued use of the App following any modifications constitutes your acceptance of the updated Terms.
2. License and Intellectual Property Rights
Subject to your compliance with these Terms, PawsOut grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on your personal device solely for personal, non-commercial purposes.
All rights, title, and interest in and to the App—including but not limited to software code, algorithms, visual interfaces, graphics, design, trademarks, service marks, logos, and content—are and will remain the exclusive property of PawsOut and its licensors. Unlawful use or reproduction of these materials is strictly prohibited.
3. User Content and App Access
- No Account Required: You are not required to create an account or register to use the App.
- Local Data & Inputs: Any dog profiles, activity preferences, or location data you enter into the App are processed locally on your device or transmitted securely solely to fetch weather and risk models as described in our Privacy Policy.
- User Content License: By submitting feedback, dog profile details, or location data through the App, you grant PawsOut a worldwide, royalty-free license to use, store, display, adapt, and process this information solely to operate, maintain, and improve the App.
- Termination of Access: We reserve the right to revoke, suspend, or terminate your license to use the App at any time, without notice or liability, if you violate these Terms or engage in conduct harmful to PawsOut or other users.
4. Prohibited Conduct
You agree that you will not:
- Decompile, reverse-engineer, disassemble, or attempt to derive the source code of the App.
- Scrape, data-mine, harvest, or extract data from the App using automated tools.
- Bypass, disable, or circumvent any security features or access controls.
- Use the App for commercial purposes, including selling access to App outputs or weather data.
- Submit false, deceptive, or misleading information.
5. Educational Use Only & Safety Warning
PawsOut is provided for general educational and informational purposes only. The App is NOT:
- Veterinary advice, medical guidance, or diagnosis.
- A safety monitoring device or real-time alert system.
- A substitute for your own judgment or professional veterinary care.
- A replacement for direct supervision of your dog.
You must NEVER rely solely on PawsOut to make decisions about your dog's safety or outdoor activities. Always exercise your own judgment, test physical ground temperatures manually, and watch your dog directly.
6. No Warranties ("As Is")
All readings, calculations, recommendations, and estimates provided by PawsOut are rough estimates based on:
- Third-party weather and environmental data (which may be inaccurate, incomplete, delayed, or unavailable).
- Scientific models of canine thermoregulation (which have inherent limitations and variations).
- Your dog's profile information (which may be incomplete or imprecise).
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. You Assume All Risk
You are solely responsible for your dog's safety and well-being. You assume full responsibility and risk for every decision you make regarding your dog's outdoor activities.
Key environmental and biological factors affecting safety include:
- Surface Type: Actual pavement, asphalt, sand, and artificial turf temperatures can vary significantly from ambient air temperature estimates.
- Microclimates: Direct sun, shade, humidity, wind, asphalt color, and localized conditions dramatically alter real surface temperatures.
- Individual Variation: Paw pad sensitivity varies by breed, coat, age, genetics, weight, conditioning, health status, and prior injury.
- Health Status: Hydration, heat acclimation, respiratory conditions (e.g., brachycephalic breeds), and fitness levels alter heat and cold tolerance.
Surface temperatures change rapidly. If in doubt, test the surface with the back of your hand for 7 seconds or keep your dog indoors/on grass.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAWSOUT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Any injury, illness, paw pad burns, heat stroke, hypothermia, or medical conditions affecting your dog or animal.
- Death or permanent loss of your dog or animal.
- Personal injury, emotional distress, or medical expenses incurred by you or others.
- Property damage or financial losses.
- Loss of data, business disruption, or device failure.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PAWSOUT’S AGGREGATE LIABILITY SHALL BE LIMITED TO THE GREATER OF $50.00 USD OR THE TOTAL AMOUNT YOU PAID TO PAWSOUT IN THE PAST TWELVE MONTHS.
9. Third-Party Services and Content
The App integrates with third-party APIs, weather networks, and mapping services. PawsOut does not control or endorse, and is not responsible for, the accuracy, availability, or policies of third-party service providers.
10. Emergency Procedures
If your dog shows signs of temperature distress during outdoor activity, STOP IMMEDIATELY:
Heat Distress Signs
Heavy panting, excessive drooling, weakness, glazed eyes, vomiting, or collapse.
- Action: Move to shade or air conditioning, offer water, apply cool (not ice-cold) water to their body, and contact a vet immediately.
Cold Distress Signs
Shivering, whining, lifting paws off the ground, reluctance to walk, or lethargy.
- Action: Move indoors immediately, dry paws and body, wrap in warm blankets, and consult a vet.
11. Binding Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY—IT AFFECTS YOUR LEGAL RIGHTS.
- Mandatory Arbitration: You and PawsOut agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be settled by binding individual arbitration rather than in court, except that you or PawsOut may assert claims in small claims court if eligible.
- Class Action Waiver: YOU AND PAWSOUT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state of Israel, without regard to its conflict of law principles.
13. App Store Terms (Apple & Google)
If you downloaded the App from the Apple App Store or Google Play Store, you acknowledge that these Terms are between you and PawsOut only, not Apple or Google. Apple and Google are not responsible for the App, its content, maintenance, support, or any warranty/liability claims. Apple and Google and their subsidiaries are third-party beneficiaries of These Terms and have the right to enforce them against you.
14. Contact Us
If you have any questions regarding these Terms, please contact us at:
- Email: arielkotch@outlook.com