Terms of Service

Welcome to Facebark™! These Terms of Service ("Terms") govern your use of the Facebark mobile application and related services (collectively, the "Service"). By using Facebark, you agree to these Terms.

1. Acceptance of Terms

By creating an account or using Facebark, you confirm that you are at least 13 years old and agree to be bound by these Terms. If you do not agree, please do not use the Service.

During account creation, you must affirmatively acknowledge acceptance of these Terms and our Privacy Policy by checking the "I agree" checkbox. By checking this box, you provide your electronic signature and legally binding agreement to these Terms.

2. Description of Service

Facebark™ is a social networking platform designed for pet owners to:

• Create profiles for their pets
• Share photos, videos (including Tails - short-form videos), and updates about their pets
• Connect with other pet owners (follow other profiles)
• Send direct messages to other users
• Access pet health information through Dr. Whiskers AI

3. User Accounts

3.1 Account Creation & Age Requirements

You must be at least 13 years old to create an account. By creating an account, you represent and warrant that you are at least 13 years of age. If you falsely represent your age, we may terminate your account.

• Profile Limits: You may create one user account with up to 5 pet profiles. This limit is enforced by the app.
• Credentials: You are responsible for maintaining the confidentiality of your account credentials.
• Age Verification: We may request additional verification if we suspect an account was created by someone under 13.

3.2 Users Ages 13-17

Teen Privacy Rights: If you are between 13 and 17, we will obtain your direct consent before using your personal information for targeted advertising. You may opt out of targeted advertising at any time in your account settings.

Parents or guardians may:

• Request account termination by contacting support@facebark.com
• Request access to their child's account data
• Request deletion of their child's personal information

3.3 Account Accuracy

You agree to provide accurate, current, and complete information when creating your account and pet profiles.

3.4 Account Termination

You may delete your account at any time through the app settings. When you delete your account, all associated pet profiles and data are permanently removed. We may suspend or terminate accounts that violate these Terms.

4. User Content & Conduct

4.1 Your Content

You retain ownership of content you post (photos, videos, text). By posting content, you grant Facebark a non-exclusive, royalty-free license to use, display, and distribute your content within the Service. This license simply means we can show your posts on the app - we do not claim ownership of your content.

• Content Persistence: Your content (posts, messages, videos) remains on the platform until you delete it or delete your account
• Manual Deletion: You can delete individual posts, messages, or profiles at any time through the app
• Backup Retention: After deletion, content may persist in encrypted backups for up to 90 days for disaster recovery purposes

4.2 Content Guidelines

You agree NOT to post content that:

• Is illegal, harmful, threatening, abusive, or harassing
• Contains violence, animal cruelty, or graphic content
• Infringes on others' intellectual property rights
• Contains spam, advertising, or commercial solicitations
• Impersonates another person or pet
• Contains malware or malicious code

4.3 Content Moderation

We review reported content to maintain a safe community:

• Reporting: You can report content that violates our guidelines by tapping the "..." menu on any post
• Review: We aim to review reported content within 24-48 hours
• Removal: We reserve the right to remove any content that violates these Terms without prior notice
• Appeals: If your content was removed and you believe this was an error, contact support@facebark.com

4.4 Third-Party Links

Facebark may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of third-party sites. Access them at your own risk.

5. Intellectual Property

5.1 Trademarks

Facebark™ is a trademark of Facebark, Inc. The Facebark name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Facebark, Inc. or its affiliates. You may not use such marks without the prior written permission of Facebark, Inc. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.

5.2 Ownership

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Facebark, Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.3 Copyright Infringement (DMCA)

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If someone has posted your copyrighted content without permission, you may submit a DMCA takedown notice to our designated agent:

• DMCA Agent: dmca@facebark.com
• Include: (1) identification of the copyrighted work, (2) identification of the infringing material and its location, (3) your contact information, (4) a statement of good faith belief, (5) a statement under penalty of perjury that you are authorized to act, and (6) your physical or electronic signature
• We will investigate and remove infringing content promptly upon receipt of a valid DMCA notice

6. Dr. Whiskers AI Disclaimer

Dr. Whiskers uses artificial intelligence to generate responses. AI responses are informational only and do not affect your account standing or access to any features.

7. Privacy

Your use of Facebark is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. We do not sell your personal information. See our Do Not Sell My Info page for details.

8. Service Limits and Fair Use

To ensure fair use and platform stability for all users, we implement reasonable usage limits:

• Rate Limiting: API requests are limited to prevent abuse and ensure service quality
• Profile Limits: Maximum of 5 pet profiles per account
• Automated Access: Excessive automated usage or bot activity may result in temporary restrictions

9. Service Availability

We strive to maintain reliable service availability, but we do not guarantee 100% uptime. The Service may be temporarily unavailable due to:

• Scheduled maintenance
• Cloud provider outages
• Security incidents requiring immediate response
• Extraordinary circumstances beyond our control

10. Disclaimers

Facebark is provided "as is" without warranties of any kind. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

11. Limitation of Liability

FACEBARK AND ITS AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE THAT FACEBARK WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FROM ANY THIRD-PARTY MATERIALS, INCLUDING FROM ANY MALWARE OR ANY VIRUS, WORM, HACK, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH.

12. Indemnification

You agree to defend, indemnify, and hold harmless Facebark, its affiliates, officers, directors, employees, agents, licensors, clients, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses relating to or arising from (i) your use of the Service, (ii) your violation of the Terms, (iii) your violation of any third party rights relating to or arising out of your use of the Service, or (iv) your violation of any law or regulation relating to, or arising out of, your use of or access to the Service.

13. Dispute Resolution

We hope to resolve any disputes informally first. Please contact support@facebark.com with any concerns.

13.1 Binding Arbitration

If we cannot resolve a dispute informally, you and Facebark agree to resolve any claims through binding arbitration instead of court litigation, except for claims that qualify for small claims court.

• Arbitration Rules: Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules
• Location: Arbitration will take place in San Francisco, California, or remotely by mutual agreement
• Consumer Arbitration: Under JAMS Consumer Arbitration Rules, you pay only a $250 filing fee; Facebark pays all other arbitration costs

13.2 Class Action Waiver

13.3 Opt-Out Right

You have 30 days from account creation to opt out of arbitration. To opt out, email legal@facebark.com with "Arbitration Opt-Out" in the subject line, including your name and email address. If you opt out, you may pursue claims in court.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of significant changes through the app or by email. Continued use after changes constitutes acceptance of the new Terms.

15. Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any court proceedings (for claims not subject to arbitration) shall be filed in San Francisco County, California.

Facebark™ is a trademark of Facebark, Inc. © 2026 Facebark, Inc. All rights reserved.