Effective Date: October 15, 2026 Version: 1.0 Applies to: All persons who access or use the Platform, and all persons who submit content to the Platform.
Article 1: Introduction and Scope
1.1 This document states the intellectual property rights of the Company and of Users in the Platform and in content submitted to the Platform, the warranties each User gives for content the User submits, and the procedures that govern copyright, trademark, patent, and trade secret claims. Copyright notice and takedown is governed in detail by the DMCA and Copyright Policy, and trademark and counterfeit matters by the Trademark and Brand Protection Policy; this document states the general rules of which those documents are the specific procedures.
1.2 If a provision of this document conflicts with the Terms of Use, this document controls for the intellectual property subject it governs. If a provision of this document conflicts with the terms of a program in which the User participates, the program terms control for that program. Policies and help pages explain this document; they do not amend it, and in any conflict this document prevails, except as the preceding sentences provide.
Article 2: Definitions
2.1 In this document Account: the account a person or business establishes with the Company to use the Platform.
Company: All About Pawz, LLC, a Tennessee limited liability company.
Platform: the websites, applications, and services the Company operates under the name All About Pawz, including aapawz.com.
Platform Intellectual Property: the intellectual property in and to the Platform, including source and object code, model and system design, proprietary taxonomies and category structures, application programming interfaces, user interface designs, graphical assets, trade dress, and the data compilations and derived data described in clause 7.3.
Products: goods offered for sale through the Platform.
Seller: a person or business the Company has accepted to offer Products or Services through the Platform.
Services: services offered through the Platform, including grooming, veterinary, pharmacy, and fulfillment services, as applicable.
Site: aapawz.com and its subdomains.
User: any person who accesses or uses the Platform, whether or not the person holds an Account.
User Content: content a User submits to the Platform, including listings, reviews, photographs, and messages.
Article 3: Ownership of the Platform
3.1 Platform Intellectual Property is the sole and exclusive property of the Company or its licensors and is protected by United States and international copyright, patent, trademark, and trade secret law.
3.2 A User acquires no right, title, or interest in Platform Intellectual Property by accessing the Site, completing a transaction, or integrating with an application programming interface. The User may use the Platform only through the functions the Platform provides to Users generally, and only in accordance with the Terms of Use and the Acceptable Use Policy.
3.3 The User shall not copy, reproduce, distribute, modify, or create a derivative work from Platform Intellectual Property, and shall not reverse engineer a part of the Platform, except to the extent applicable law permits the act and does not permit the prohibition to be enforced.
Article 4: Prohibited Use of Platform Data and Content
4.1 The User shall not scrape, harvest, or extract Platform Intellectual Property: including catalog metadata, User Content, reviews, pricing data, and category structures: to train, fine-tune, or supply a third-party artificial intelligence or machine learning system, to build a competing service, or for any purpose other than the User's own transactions on the Platform conducted through authorized access.
4.2 A violation of this article is a violation of the Acceptable Use Policy and is subject to enforcement under Article 10, in addition to any remedy available at law for infringement or misappropriation.
Article 5: User Warranties for Submitted Content
5.1 By uploading, listing, or transmitting content, text, an image, or data to the Platform, the User represents and warrants that: (a) the User holds legally valid rights in the content sufficient to grant the license in Article 6 and to distribute the goods or content concerned; (b) the content does not infringe a copyright, trademark, patent, trade dress, trade secret, or right of publicity or privacy of any person; and (c) the User holds every license, brand authorization, and supply-chain record required to distribute the goods or content lawfully in the jurisdictions the Platform serves.
5.2 The duty in this article is non-delegable. A Seller is responsible for an intellectual property violation committed through the Seller's listing software, fulfillment agent, supplier, or application programming interface integration, as if the Seller had committed the violation personally. A User is responsible for content submitted under the User's credentials, including content submitted by an automated tool the User operates.
5.3 A User who lists, sells, transmits, or displays infringing material bears liability to the rights holder for that infringement. That a submission was made in good faith, without knowledge of the right, or in reliance on a supplier does not defeat a finding that this document was violated, although the Company may take those circumstances into account in selecting a measure under Article 10.
5.4 Records. The User shall keep the authorizations, licenses, and sourcing records that support the warranties in clause 5.1 for so long as the content or listing remains on the Platform and for twenty-four (24) months thereafter, and shall produce those records on the Company's request in an investigation or in response to a rights-holder claim.
Article 6: License Granted to the Company
6.1 The User retains ownership of the User Content the User submits. By submitting User Content, the User grants the Company a worldwide, non-exclusive, royalty-free, transferable license, sublicensable to a Service Provider acting on the Company's behalf, to use, reproduce, modify, display, and distribute the User Content in connection with operating and improving the Platform.
6.2 The license in clause 6.1 includes the right to process User Content in the Company's own systems to provide search and categorization, visual search and counterfeit detection, recommendations, and fraud detection. The license is bounded by the operation and improvement of the Platform: it is not a right to sell User Content as a standalone product, to license a User's photograph to an unrelated third party, or to use a User's likeness in advertising without separate consent. Reviews and other User Content are governed in further detail by the User Content and Reviews Policy.
6.3 Data the Company generates by processing User Content: including index entries, category assignments, similarity data, and usage measures derived from Platform activity: is the property of the Company. The User holds no right to access, export, or claim ownership of data so generated, except for the User's own Personal Information as provided in the Privacy Policy.
6.4 The license in this article ends for a specific item of User Content when the item is removed from the Platform and the Company's retention period for that item expires, except that a use already made in a distributed material is not recalled, and the Company may retain a copy where a legal obligation, a dispute, or an enforcement matter requires retention.
Article 7: Copyright, Trademark, Patent, and Trade Secret Claims
7.1 Copyright. The Company complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512. A copyright owner who believes a work has been copied in a manner that constitutes infringement shall submit a notice that satisfies that statute to the designated agent at legal@aapawz.com, as provided in the DMCA and Copyright Policy. A person who knowingly and materially misrepresents that material or activity is infringing is liable as provided in 17 U.S.C. § 512(f) for damages, costs, and attorneys' fees incurred by the injured party.
7.2 Trademark. A trademark or counterfeit claim is governed by the Trademark and Brand Protection Policy. A party shall not use the claim procedures in that policy, or in clause 7.1, to enforce a minimum advertised price policy, to suppress the lawful resale of a genuine good, or to restrict competition; such a use violates the Acceptable Use Policy.
7.3 Patents and trade secrets. No statutory notice procedure governs a patent or trade secret claim against the Platform. The Company evaluates such a claim on its facts. On receipt of a facially valid patent claim, the Company may restrict the disputed listing pending the outcome of proceedings between the rights holder and the Seller concerned.
7.4 Routing. A formal intellectual property notice, including a copyright takedown notice, a trademark claim, and a patent claim, shall be sent to legal@aapawz.com. A notice sent to support@aapawz.com or to another channel is not a notice under this article and does not start a period that a statute or this document measures from receipt of a compliant notice.
Article 8: Liability
8.1 Exclusion of certain damages. To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, punitive, or consequential damages, or for lost profits, lost revenue, or loss of goodwill, arising out of or relating to this document, even if the party has been advised of the possibility of those damages.
8.2 Cap. To the fullest extent permitted by law, the Company's total liability arising out of or relating to this document shall not exceed the greater of (a) the amounts the User paid to the Company under this document in the twelve months before the event giving rise to the claim, or (b) one hundred dollars ($100).
8.3 Carve-outs. This article does not limit (a) a party's indemnification obligations under this document; (b) liability for fraud or willful misconduct; (c) amounts a party owes for Orders, fees, chargebacks, or refunds under this document; or (d) liability that cannot be limited under applicable law.
8.4 Essential purpose. The parties agree that this article allocates risk between them, that it is an essential part of the basis of their bargain, and that it applies even if a limited remedy fails of its essential purpose.
Article 9: Indemnification
9.1 Duty. The User shall indemnify, defend, and hold harmless the Company and its members, managers, employees, and agents from and against every claim, demand, action, loss, liability, judgment, settlement, cost, and expense (including reasonable attorneys' fees) arising out of or relating to: (a) the User's breach of this document; (b) the User's Products, Services, listings, or User Content; (c) an allegation that the User's User Content, listings, or data submitted through an application programming interface infringes the intellectual property rights of a third party; (d) the User's violation of any law or of the rights of any person; and (e) taxes for which the User is responsible under the documents governing the User's activity.
9.2 Procedure. The Company shall give prompt written notice of a claim under this article. The User shall control the defense with counsel reasonably acceptable to the Company. The Company may participate in the defense at its own expense. The User shall not settle a claim in a manner that imposes any obligation or restriction on the Company, or that does not release the Company fully, without the Company's prior written consent. The Company may assume the defense of a claim that seeks relief against the Company itself, at the User's expense where the claim arises from the User's gross negligence or willful misconduct.
9.3 Survival. This article survives the termination of this document.
Article 10: Enforcement and Appeals
10.1 Investigation. The Company may investigate any suspected violation of this document. The User shall cooperate with an investigation and shall produce the records this document requires the User to keep.
10.2 Notice. If the Company determines that the User has violated this document, the Company shall give written notice stating the provision violated and the facts relied on, except where notice would compromise an investigation of fraud, a safety risk, or a legal obligation.
10.3 Opportunity to cure. Where a violation is capable of cure, the User has ten (10) business days from notice to cure it and to confirm the cure in writing. No cure period applies to fraud, counterfeiting, a risk to the safety of a person or an animal, unlawful conduct, or a violation that by its nature cannot be cured.
10.4 Measures. If a violation is established and is not cured within the period allowed, the Company may, proportionate to the violation: (a) issue a written warning; (b) remove or suppress a listing or content; (c) cancel an Order or a booking; (d) suspend the Account or a program participation, in whole or in part; (e) terminate this document and the Account; and (f) exercise any other right or remedy available under this document or at law.
10.5 Appeal. The User may appeal a measure under this article by written notice to legal@aapawz.com within thirty (30) days of the measure, stating the grounds and attaching the records relied on. The appeal is decided by a person who did not make the original decision. The Company's decision on appeal is final. A measure remains in effect during an appeal unless the Company directs otherwise in writing.
10.6 No waiver by delay. The Company's delay in acting on a violation is not a waiver of the violation or of any later violation of the same kind.
Article 11: Term and Termination
11.1 Term. This document takes effect when the User first accesses or uses the Platform and continues until terminated under this article.
11.2 Termination by the Company. The Company may terminate this document and the Account on thirty (30) days' written notice for any reason, and immediately on written notice if the User materially breaches this document, engages in fraud, or becomes ineligible to participate.
11.3 Termination by the User. The User may terminate this document on thirty (30) days' written notice to support@aapawz.com, or by closing the Account, provided the User has no Order, booking, or investigation outstanding.
11.4 Effect of termination. On termination: (a) the rights granted under this document end; (b) obligations that arose before termination: including payment, refund, chargeback, record-keeping, and indemnification obligations: survive until satisfied; and (c) the Company shall pay amounts owed, less amounts the Company may set off under this document, within thirty (30) days, except amounts held in connection with an open investigation or dispute.
11.5 Survival. The Definitions, Liability, Indemnification, Enforcement and Appeals (for measures taken before termination), Dispute Resolution, and General Provisions articles survive termination. The warranties in Article 5 and the indemnity in Article 9 survive termination as provided in those articles.
Article 12: Dispute Resolution
12.1 Any dispute arising out of or relating to this document, or to the relationship it governs, is governed by the Dispute Resolution Policy, which is incorporated into this document by reference.
Article 13: General Provisions
13.1 Amendments. The Company may amend this document by posting the amended document in the Document Center and giving notice to the User at the email address in the Account. An amendment that materially increases the User's fees or obligations takes effect thirty (30) days after notice; other amendments take effect on posting. Continued use of the Platform after the effective date of an amendment is acceptance of it. If the User does not accept an amendment, the User's remedy is to terminate under Article 11 before the amendment takes effect.
13.2 Notices. Legal notices under this document, including every formal intellectual property notice, shall be sent to legal@aapawz.com. Operational notices and all other communications shall be sent to support@aapawz.com. A notice to the Company is effective when the Company acknowledges receipt or, for email, one business day after sending, whichever is earlier. Notices to the User are effective when sent to the email address in the Account or posted to the Account's notice facility in the portal, whichever occurs first. The User shall keep the email address in the Account current. DMCA notices are given as provided in the DMCA and Copyright Policy, to the designated agent at legal@aapawz.com.
13.3 Governing law. This document is governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. Subject to the Dispute Resolution Policy, any proceeding arising out of this document shall be brought in the state or federal courts located in Shelby County, Tennessee, and the parties consent to personal jurisdiction there.
13.4 Severability. If any provision of this document is held unenforceable, the provision shall be enforced to the fullest extent permitted, and the remaining provisions continue in full effect.
13.5 Entire agreement. This document, together with the documents it incorporates by reference, is the entire agreement between the Company and the User for the subject it governs and supersedes every prior or contemporaneous statement, communication, or agreement on that subject, whether written or oral.
13.6 Assignment. The User shall not assign this document or any right or obligation under it without the Company's prior written consent, and an assignment without consent is void. The Company may assign this document to an affiliate or in connection with a sale of all or part of its business, on notice to the User.
13.7 Waiver. A waiver of any provision of this document is effective only in writing and only for the instance stated. No waiver is a waiver of any other provision or instance.
13.8 Interpretation. Headings are for convenience only. "Including" means "including without limitation." This document shall not be construed against a party on the ground that the party prepared it. The English-language text controls over any translation.
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