Terms and Conditions

1. Scope

These Terms and Conditions apply to the use of the website petcario.com, the related web app, mobile applications, public pet pages, digital pet profiles, and to the purchase of digital services and physical products from Petcario.

Petcario is intended for consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. A business is any natural or legal person or partnership with legal capacity acting in the exercise of its trade, business, or profession when entering into the legal transaction.

Supplementary or deviating agreements may apply to business customers, municipalities, animal shelters, veterinary practices, breeders, or other partners.

2. Petcario Services

Petcario provides a digital platform for managing pet data. Users can, in particular, create pet profiles, store information about their animals, save documents or data, use public pet pages and, depending on the package booked, use additional digital functions.

Petcario may offer, among other things, the following functions: digital pet profiles for dogs, cats or other pets, public pet pages via QR code or NFC, finder information in case an animal is found, reminders, notices and evaluations, health, weight or activity modules, digital documentation of vaccinations, health data or other pet information, physical pet tags with QR code and/or NFC functionality, optional AI-supported notices or recommendations.

The specific scope of services results from the respective product description, the booked package, the order overview, or the user account.

Petcario does not owe veterinary advice, a diagnosis, a treatment recommendation, or any medical outcome. Health-related notices, evaluations, or AI functions serve only as general guidance and do not replace examination or advice from a veterinarian.

3. User Account and Registration

A user account is required to use certain functions.

The user is obliged to provide truthful and current information during registration and to keep their access credentials confidential.

The user is responsible for keeping their email address up to date so that important notices, confirmations, security information, or contract information can be delivered.

Petcario may secure registrations by email confirmation, one-time code, password, or comparable authentication procedures.

Minors may use Petcario only with the consent of their legal representatives if paid contracts are concluded or personal data is processed through the use.

4. Conclusion of Contract

The presentation of products, subscriptions, or digital services on petcario.com does not constitute a legally binding offer, but an invitation to place an order.

The user submits a binding offer by completing the order process and confirming the payment process.

A contract is concluded when Petcario accepts the order, activates the service, sends an order confirmation, or begins performing the service.

Before completing a paid order, the user is shown the essential product features, prices, terms, and payment conditions.

Petcario may reject orders where there is a legitimate reason, especially in cases of suspected misuse, payment issues, technical errors, or breaches of these Terms and Conditions.

5. Prices and Payment

The prices displayed at the time of the order apply.

All prices include statutory VAT where VAT is applicable and unless expressly stated otherwise.

Payment is made using the payment methods offered during the order process. Petcario may use external payment service providers.

For subscriptions, the respective amount is due at the beginning of the billing period unless stated otherwise.

If the user defaults on payment, Petcario may temporarily block access to paid functions until the outstanding amount has been paid. Statutory rights remain unaffected.

6. Subscriptions, Term and Termination

Petcario may offer paid subscriptions with monthly, yearly, or other terms.

The respective term, price, and termination period result from the product description and the order overview.

Unless stated otherwise, a subscription renews automatically for the selected billing period if it is not terminated in time.

Users may terminate their subscription through the cancellation options provided in the user account or through a cancellation function provided by Petcario.

Termination ends access to paid functions at the end of the current billing period unless otherwise agreed.

The right to terminate for good cause remains unaffected.

7. One-Time Packages and Lifetime Services

Petcario may offer one-time packages or so-called lifetime packages.

A lifetime package does not mean a claim to unlimited provision of every conceivable future function. The specific scope of services results from the respective product description at the time of purchase.

Petcario may technically develop, replace, or adapt functions, provided that the essential contractual services are maintained and the user is not unreasonably disadvantaged.

Lifetime access exists only for the economic and technical lifetime of the respective Petcario offering. Statutory rights remain unaffected.

8. Digital Services, Availability and Updates

Petcario endeavors to provide the platform with as little interruption as possible. However, availability at all times and complete freedom from errors are not owed.

Temporary restrictions may arise in particular from maintenance, security updates, technical disruptions, force majeure, attacks by third parties, or disruptions at external service providers.

Petcario may provide updates to ensure security, stability, compatibility, functionality, or legal compliance.

The user is obliged to observe available app updates or technical notices where this is required for secure and contractual use.

Petcario may change, expand, or remove individual functions if this is required for technical, legal, security-related, or product-strategic reasons and the change is reasonable for the user.

9. Pet Profiles, Public Pages and User Content

The user may store pet data, images, texts, documents, or other content in Petcario.

The user remains the owner of their content. However, the user grants Petcario the rights to technically store, process, display, and provide the content insofar as this is required to provide the Petcario services.

The user is responsible for ensuring that their content is lawful and does not infringe any third-party rights.

In particular, the user may not upload or publish content that is unlawful, offensive, discriminatory, or misleading, infringes third-party copyrights, trademarks, personality rights, or data protection rights, contains malware, spam, or manipulative content, contains false pet owner data or fraudulent information.

Depending on the settings, public pet pages may be accessible to third parties. The user is responsible for deciding which information they make publicly visible.

Petcario may remove unlawful or abusive content and suspend user accounts where there is a legitimate reason.

10. QR/NFC Pet Tags and Physical Products

Petcario may offer physical pet tags or other products with QR code, NFC functionality, or customization.

The specific design, material, size, color, shape, personalization, and function result from the respective product description.

QR and NFC functions require a compatible device, an internet connection, and availability of the Petcario platform.

Petcario does not guarantee that every finder of an animal will scan the QR code, use NFC, or contact the owner.

The user is responsible for keeping stored contact and finder information up to date.

For personalized products manufactured according to customer specifications, the statutory right of withdrawal may be excluded. This will be indicated accordingly during the order process.

11. Shipping, Delivery and Retention of Title

Delivery times and shipping costs are stated during the order process.

Delivery dates are binding only if they have been expressly confirmed as binding.

Delivery is made to the delivery address provided by the user.

Delivered goods remain the property of Petcario until full payment has been made.

For consumers, the statutory rules on transfer of risk apply. For businesses, risk passes upon handover to the transport company.

12. Right of Withdrawal for Consumers

Consumers generally have a statutory right of withdrawal for distance contracts.

Details are set out in Petcario's separate cancellation policy.

For digital content or digital services, the right of withdrawal may expire early under the statutory conditions if the user expressly agrees that Petcario begins performance before the withdrawal period expires and the user confirms their knowledge of the possible expiry of the right of withdrawal.

For goods that are not prefabricated and for whose manufacture an individual selection or determination by the user is decisive, or that are clearly tailored to personal needs, the right of withdrawal may be excluded.

13. Warranty

The statutory defect rights apply.

For digital products, the statutory provisions on digital products apply in addition.

Petcario is not liable for defects caused by the user failing to comply with technical requirements, not installing updates, entering incorrect data, or using the platform contrary to the contract.

For businesses, the limitation period for defect claims is one year from delivery or provision, where legally permissible.

14. Liability

Petcario is liable without limitation in cases of intent and gross negligence.

Petcario is liable without limitation for damages arising from injury to life, body, or health.

In the event of slightly negligent breach of essential contractual obligations, Petcario is liable only for the typical, foreseeable damage. Essential contractual obligations are obligations whose fulfillment makes proper performance of the contract possible in the first place and on whose compliance the user may regularly rely.

Any further liability is excluded to the extent permitted by law.

Liability under the Product Liability Act and for expressly assumed guarantees remains unaffected.

Petcario is not liable for the loss of an animal, for an animal not being found, or for third parties not using a QR code or NFC tag.

15. Data Protection

Petcario processes personal data in accordance with applicable data protection laws.

Details on the processing of personal data, in particular regarding the user account, pet profiles, payment processing, analytics functions, and public pet pages, are set out in Petcario's privacy policy.

The user is responsible for not entering personal data of third parties into Petcario without the corresponding authorization.

16. Suspension and Deletion of User Accounts

Petcario may temporarily suspend user accounts or individual functions if there are concrete indications of misuse, security risks, legal violations, or significant breaches of these Terms and Conditions.

Petcario will take the user's legitimate interests into account when suspending access.

The user may have their account deleted in accordance with the functions provided in the user account, provided that no statutory retention obligations or legitimate interests prevent this.

When the account is deleted, stored pet profiles, public pages, and digital content may be permanently deleted or deactivated.

17. Changes to these Terms and Conditions

Petcario may amend these Terms and Conditions where this is required due to legal changes, technical developments, new functions, security requirements, or changes to the business model.

Changes will be communicated to the user in an appropriate manner.

For ongoing contractual relationships, changes apply only if they are reasonable for the user and do not unreasonably impair essential contractual obligations.

If the user objects to a change, Petcario may terminate the contractual relationship ordinarily at the next possible date if continuation under the previous conditions is not reasonable.

18. Communication

Petcario may transmit contract-related notices by email, in the user account, or through other electronic communication channels.

The user is obliged to keep their contact details up to date.

Legally relevant declarations may be sent to the user's last provided email address.

19. Dispute Resolution

The European online dispute resolution platform has been discontinued. A link to this platform is therefore not provided.

Petcario is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board unless there is a statutory obligation.

20. Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

For consumers, this choice of law applies only insofar as it does not restrict mandatory consumer protection provisions of the country in which the consumer has their habitual residence.

If the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Petcario's registered office.

Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions remains unaffected.