Terms of Service

Last Updated: August 13, 2025

These Terms of Service (the "Terms") apply to your access to and use of the Whelper mobile application, www.whelper.com, our other applications and tools, and any related services (collectively, the "Services") provided by Whelper LLC, a limited liability company organized under the laws of Delaware, United States ("Whelper," "we," "us," or "our").

BY ACCESSING AND/OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

If you are between 13 and 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

1. Services

1.1 License Grant

Whelper's website and mobile applications provide services for logging, tracking, and managing dog breeding information, health records, and related data. By accepting these Terms, Whelper grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use our Services for your personal or business purposes, subject to your compliance with these Terms.

1.2 User Responsibilities

You acknowledge that:

You are fully responsible for internet connectivity and/or mobile data charges incurred while using our Services
You must obtain all necessary licenses, permits, or authorizations required for animal breeding and keeping in your jurisdiction
Whelper does not provide veterinary advice, and our Services are not a substitute for professional veterinary care
You are responsible for the accuracy and legality of all data you enter into the Services

1.3 Service Availability

We strive to provide reliable Services but do not guarantee uninterrupted availability. We may modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

2. Account Registration

2.1 Eligibility

To use our Services, you must:

Be at least thirteen (13) years of age
Provide accurate, current, and complete registration information
Maintain the security of your account credentials
Promptly update your account information as needed
Be legally capable of entering into these Terms

2.2 Account Security

You are responsible for:

Maintaining the confidentiality of your login credentials
All activities that occur under your account
Immediately notifying us of any unauthorized use of your account
Ensuring that you log out from your account at the end of each session when accessing from shared devices

2.3 Account Restrictions

You agree that you will:

Not share your account with others
Not use another person's account without permission
Not create accounts through automated means

3. User Content

3.1 Your Content

When you use our Services, you may upload, submit, store, send, or receive content including but not limited to:

Dog and puppy information (names, breeds, birthdates, registration numbers)
Health records and medical documentation
Breeding records and pedigree information
Photographs and videos
Documents and files
Comments and communications

(collectively, "User Content")

3.2 Content Ownership and License

You retain ownership of your User Content. By making User Content available through our Services, you grant Whelper a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely for the purposes of:

Operating and providing the Services
Improving and developing our Services
Creating aggregated, anonymized data for analytics and research
Complying with legal obligations

3.3 Content Standards

You represent and warrant that your User Content:

Is accurate and truthful
Does not violate any third party's rights, including intellectual property, privacy, or publicity rights
Does not contain defamatory, obscene, offensive, threatening, or harassing material
Does not contain viruses, malware, or harmful code
Complies with all applicable laws and regulations
Does not contain unsolicited advertising or spam
Does not misrepresent the health or breeding status of any animal

3.4 Content Removal

We reserve the right, but not the obligation, to:

Remove or refuse to display any User Content
Suspend or terminate accounts that violate these Terms
Take any action we deem necessary to protect our Services and users

We do not review all User Content before it is posted and cannot guarantee its accuracy, integrity, or quality.

4. Prohibited Conduct

You agree not to:

Use the Services for any illegal purpose or in violation of any laws
Impersonate any person or entity or falsely state your affiliation
Interfere with or disrupt the Services or servers
Attempt to gain unauthorized access to any portion of the Services
Use automated scripts to collect information or interact with the Services
Reverse engineer, decompile, or disassemble any aspect of the Services
Remove, alter, or obscure any proprietary notices
Engage in any activity that could damage, disable, or impair the Services
Violate any applicable animal welfare laws or regulations
Share false or misleading breeding or health information

5. Privacy and Data Protection

5.1 Privacy Policy

Your use of our Services is subject to our Privacy Policy, available at www.whelper.com/privacy-policy. By using our Services, you consent to our collection, use, and disclosure of information as described in the Privacy Policy.

5.2 Data Security

While we implement reasonable security measures, you acknowledge that no method of electronic transmission or storage is 100% secure. You use the Services at your own risk.

5.3 Data Backup

You are responsible for maintaining backup copies of your important data. We recommend regularly exporting your breeding and health records.

6. Subscription and Payment

6.1 Subscription Plans

We offer various subscription plans with different features and pricing. Current pricing is available at www.whelper.com/pricing.

6.2 Payment Terms

Payment is due in advance for the subscription period
All fees are non-refundable except as required by law
We may change our fees with 30 days' notice
You authorize us to charge your payment method for recurring subscriptions
You are responsible for providing accurate payment information

6.3 Free Trial

If we offer a free trial:

You may cancel at any time during the trial period
If you don't cancel before the trial ends, your subscription will automatically begin
We may limit the number of free trials per user

6.4 Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period. You will continue to have access to paid features until the end of your billing period.

7. Intellectual Property

7.1 Whelper's Property

The Services, including all content, features, and functionality (excluding User Content), are owned by Whelper, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademarks

"Whelper" and our logos are our trademarks. You may not use our trademarks without our prior written permission.

7.3 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us the right to use such feedback without restriction or compensation to you.

8. Third-Party Services

8.1 Third-Party Links

Our Services may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third parties.

9. Disclaimers

9.1 No Veterinary Advice

THE SERVICES DO NOT PROVIDE VETERINARY OR MEDICAL ADVICE. ALWAYS CONSULT WITH A QUALIFIED VETERINARIAN FOR HEALTH CONCERNS.

9.2 No Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

9.3 No Guarantee of Results

We do not guarantee any specific outcomes from using our Services, including breeding success, health outcomes, or business results.

10. Limitation of Liability

10.1 Disclaimer of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WHELPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

10.2 Cap on Liability

WHELPER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNTS PAID BY YOU TO WHELPER IN THE 12 MONTHS PRECEDING THE CLAIM.

10.3 Basis of the Bargain

YOU ACKNOWLEDGE THAT WHELPER HAS OFFERED THE SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN.

10.4 Some Jurisdictions

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply.

11. Indemnification

You agree to defend, indemnify, and hold harmless Whelper and its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

Your violation of these Terms
Your violation of any third party's rights
Your User Content
Your use of the Services
Any harm to animals resulting from your use of the Services

12. Dispute Resolution

12.1 Informal Resolution

Before filing a formal dispute, you agree to try to resolve any dispute informally by contacting us at legal@whelper.com.

12.2 Arbitration Agreement

PLEASE READ CAREFULLY. THIS AFFECTS YOUR LEGAL RIGHTS.

You and Whelper agree that any dispute arising out of or related to these Terms or the Services shall be resolved through binding arbitration, except that either party may seek injunctive relief in court to prevent irreparable harm.

The arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, with the arbitration taking place in Delaware or, at your option, in your county of residence.

12.3 Class Action Waiver

YOU AND WHELPER 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.

12.4 Opt-Out

You may opt out of arbitration by sending written notice to legal@whelper.com within 30 days of first accepting these Terms.

13. Termination

13.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support@whelper.com.

13.2 Termination by Whelper

We may suspend or terminate your account if:

You violate these Terms
We suspect fraudulent, abusive, or illegal activity
You fail to pay applicable fees
We discontinue the Services

13.3 Effect of Termination

Upon termination:

Your license to use the Services ends immediately
You must cease all use of the Services
We may delete your User Content after a reasonable period
Provisions that by their nature should survive termination will survive

14. General Provisions

14.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Whelper regarding the Services.

14.2 Governing Law

These Terms are governed by the laws of Delaware, without regard to conflict of law principles.

14.3 Venue

Any legal action arising from these Terms shall be filed in the state or federal courts located in Delaware, and you consent to personal jurisdiction in such courts.

14.4 Modifications

We may modify these Terms at any time. We will notify you of material changes via email or through the Services at least 30 days before they take effect. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

14.5 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.6 No Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.

14.7 Assignment

We may assign or transfer these Terms. You may not assign or transfer these Terms without our written consent.

14.8 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

15. Special Terms for Minors

If you are between 13 and 18 years of age:

You may only use the Services with parental consent
Your parent or guardian is responsible for your use of the Services
We may terminate your account if we learn you are using the Services without proper consent

16. Export Controls

You agree not to export or re-export the Services to any country subject to U.S. export restrictions or to any person on U.S. prohibited party lists.

17. Contact Information

For questions about these Terms, please contact us at:

Whelper LLC
Delaware, United States

Email: legal@whelper.com
Support: support@whelper.com
Website: www.whelper.com

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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Terms & conditions