Terms of Service

1. Acceptance of Terms

By accessing this website and using this pet microchip registry and related services (collectively, the "Services"), you accept and agree to be bound by the following terms and conditions which govern the relationship between you and Boston Application LLC dba mChip Microchip Registry (the "Terms").

You represent and warrant that you have all authorizations necessary to enter into these Terms and that your acceptance of these Terms does not violate any applicable law. You must be a resident of the United States or Canada and at least eighteen (18) years of age to use the Services.

This is a legally binding agreement. If you do not agree to these Terms, you may not access or use the Services.

2. Services Description; Limited License; Results Disclaimer

Services Description

Our Services provide a comprehensive pet microchip registry that allows pet owners to:

• Register their pet's microchip identification number
• Store and update pet and owner contact information
• Enable authorized parties to look up microchip information for pet identification purposes
• Receive notifications regarding their registered pets

Limited License

Subject to your continued compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial purposes and only in the manner permitted by these Terms.

You may not copy, reproduce, modify, adapt, translate, create derivative works based on, distribute, sell, lease, sublicense, publicly display, publicly perform, transmit, scrape, harvest, reverse engineer, decompile, disassemble, interfere with, or otherwise exploit any part of the Services or any materials made available through the Services.

You may not use the Services for any unlawful, harmful, fraudulent, abusive, harassing, infringing, commercially exploitative, or otherwise unauthorized purpose. You also may not use the Services in any manner that could damage, disable, overburden, impair, disrupt, or interfere with the Services, our systems, or any other user's access to or use of the Services.

We reserve all rights not expressly granted to you in these Terms. We may suspend, restrict, or terminate this license and your access to the Services at any time, with or without notice, including without limitation, if we believe you have violated these Terms, misused the Services, or created risk or potential legal exposure for us, our users, or others.

Results Disclaimer

While our Services are designed to facilitate pet identification and recovery, we make no claims, representations, or guarantees regarding the accuracy, completeness, or success of any service results, including but not limited to microchip lookups, pet identification, or pet reunification. The effectiveness of our Services depends on various factors beyond our control, including the accuracy of information provided by users, the actions of third parties (such as veterinarians, animal shelters, and rescue organizations), and other circumstances beyond our reasonable control. We do not guarantee that your pet will be found, identified, or returned to you as a result of using our Services. The foregoing disclaimers are in addition to, and do not limit, the disclaimers made in the Disclaimer of Warranties section below.

3. Pet Ownership Disputes

In the event of pet ownership disputes, please refer to the mChip Ownership Dispute Policy.

4. Photo Matching

Our Services offer a photo matching feature to help reunite lost pets with their owners ("Photo Matching"):

• If you upload a photo of your pet and it becomes lost, mChip will regularly monitor found pet photo databases for your pet.
• If your pet has been missing for 2 weeks or more, mChip will contact you to inquire if you have been reunited with your pet.
• If you are not responsive to these inquiries then we will cease monitoring found pet photo databases for your pet. This only affects the photo matching feature and has no impact on microchip lookups which are unlimited and unconditional for active registrations.

Photo Matching is provided as a convenience service to assist in pet recovery efforts. We make no claims, representations, or guarantees regarding the accuracy, completeness, or success of photo matching results. The effectiveness of this feature depends on various factors beyond our control, including the quality of uploaded photos, the availability of found pet databases, and the accuracy of information in those databases. By uploading photos of your pet, you grant us the right to use those photos as further described in the User Content section below.

Use of photos for AI and machine learning. By uploading photos of your pet, you additionally grant us the right to use those photos to train, develop, and improve artificial intelligence and machine learning models used for pet identification and recovery (including photo matching and related features). We do not sell or license your photos to third parties.

The Services are intended solely for the upload of photos and other images of your pet. You are prohibited from uploading, submitting, posting, or otherwise making available through the Services any photograph, image, video, or other content that depicts, identifies, or includes any person, whether alone or with a pet.

5. User Accounts and Registration

To use certain features of our Services, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information about yourself and your pet(s)
• Maintain and promptly update your account information
• Maintain the security of your password and accept responsibility for all activities under your account
• Notify us immediately if you suspect unauthorized use of your account

You are responsible for all use of the Services and activity related to your account.

6. User Responsibilities

As a user of our Services, you agree to:

• Provide truthful and accurate information about yourself and your pet(s)
• Keep your contact information current and up-to-date
• Use the Services only for lawful purposes related to pet identification and recovery
• Not submit false, misleading, fraudulent, or repetitive lost/found reports, or otherwise abuse reporting tools
• Not attempt to access other users' accounts or unauthorized areas of the Services
• Not use the Services to transmit malicious code, spam, or harmful content
• Respect the intellectual property rights of the Services and other users

7. User Content

By uploading, submitting, posting, or otherwise making available any photograph, image, caption, name, or other materials ("User Content") to the Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicenseable, perpetual license to host, store, reproduce, copy, modify, adapt, reformat, display, distribute, transmit, publicly perform, create derivative works from, and otherwise use your uploaded content in connection with operating, providing, maintaining, and improving the Services.

You represent and warrant that you own, or have obtained all rights, licenses, consents, permissions, and authorizations necessary to upload, submit, post, and otherwise make available any User Content to the Services. Without limiting the foregoing, you represent and warrant that such User Content does not infringe, misappropriate, or violate any intellectual property right, publicity right, privacy right, or other right of any person or entity, and that your submission of User Content complies with all applicable laws and these Terms.

8. Fees and Payment

Certain features of our Services may require payment of fees. You agree to pay all fees incurred by you or anyone using your account. Payments will be enabled using the payment method associated with your account. All sales are final and all fees are non-refundable unless otherwise stated.

If you choose to sign up for a subscription, you will be presented with subscription terms at the time of signing up, which will explain the cost, length of the subscription term, and how to cancel the subscription.

We reserve the right to modify recurring subscription fees with thirty (30) days' notice to existing subscribers. One-time fees for new services or features may be changed at any time and will be clearly displayed before purchase. We may from time to time provide certain users with offers and discounts that may result in different amounts charged to different customers for the same or similar services, and you agree that such offers and discounts have no effect on the payments charged to your own account.

You agree to keep your billing information accurate, complete, and current, including making timely changes to your credit card information and billing address, as applicable. If we do not receive any required payment, you agree to pay us all amounts due upon demand. We reserve the right to suspend or terminate your access and/or subscription to the Services, including your account, if payment is not received when due.

9. GuardianID Promotion

Our GuardianID promotion offers discounted microchip registration with charitable giving:

• GuardianID registrations are offered at a 20% discount ($40 instead of $50)
• $2 from each GuardianID registration is donated to Canine Companions Veterans Initiative
• If donations cannot be earmarked to the Veterans Initiative, they will be donated to the Canine Companions general fund
• All standard microchip registration features and benefits apply to GuardianID registrations
• The GuardianID promotion may be modified or terminated at any time with notice

10. Referral Program

Our referral program allows users to earn rebates by referring new customers to our Services:

• Each user receives a unique referral code after completing their first paid microchip registration
• When a new user (referee) registers using a referral code, the referee receives $10 off their registration fee ($40 instead of $50)
• The referrer receives a $10 rebate per successful referral
• Referrer rebates are capped at the total cost of their own registration ($50 maximum)
• Referrals are tracked in our system and rebates are processed manually via refund
• We reserve the right to void referral rebates for fraudulent activity
• The referral program may be modified or terminated at any time with notice

11. Privacy and Data Security

Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is hereby incorporated by reference into these Terms.

We implement appropriate technical and organizational security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

12. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by law, we disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and any warranties arising out of course of dealing, course of performance, or usage of trade.

We do not warrant or represent that: (a) the Services will be uninterrupted, secure, accurate, complete, reliable, current, or error-free; (b) the Services will be free of viruses, harmful code, or other harmful components; (c) any User Content will be preserved, available, displayed, moderated, or removed; or (d) any defects or errors will be corrected.

You acknowledge that you use the Services and upload, submit, view, share, or rely on any content at your own risk. We are not responsible for the accuracy, legality, quality, safety, appropriateness, ownership, or availability of any content uploaded or submitted by users, including any content that may depict pets, people, or other subjects.

We reserve the right, but have no obligation, to monitor, review, screen, edit, remove, disable access to, or refuse to display any content at any time and for any reason, including content that we believe violates these Terms or may create risk for us, users, or others.

Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above disclaimers may not apply to you. In such jurisdictions, our warranties are disclaimed to the fullest extent permitted by applicable law.

13. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall we, our owners, officers, directors, employees, contractors, agents, affiliates, service providers, or suppliers be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, or any loss of data, use, goodwill, or other intangible losses, whether incurred directly or indirectly, arising out of or resulting from your use of the Services.

To the fullest extent permitted by applicable law, our total liability for any claim arising out of or relating to these Terms or the Services, whether based in contract, tort, negligence, strict liability, statute, warranty, or any other legal theory, will not exceed the greater of: (i) the amount you paid to us, if any, for use of the Services during the six months preceding the date on which you first assert a claim; or (ii) one hundred U.S. dollars (USD $100). The limitations of liability apply even if we have been advised of the possibility of such damages and even if any remedy fails of its essential purpose. To the fullest extent permitted by law, you must provide notice of any dispute you have with us within one (1) year of the dispute occurring, or it is forever waived and time barred. Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation of certain damages or liabilities, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless us, our owners, officers, directors, employees, contractors, agents, affiliates, service providers, and suppliers from and against any claims, demands, actions, losses, liabilities, damages, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your access to or use of the Services; (b) any User Content you upload, submit, post, transmit, or otherwise make available through the Services; (c) your violation of these Terms; (d) your violation of any law or regulation; or (e) your violation, infringement, or misappropriation of any intellectual property, privacy, publicity, or other rights of any person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of these claims and will remain responsible for indemnifying us for any claims, losses, liabilities, damages, costs, and expenses covered under the indemnification obligations set forth herein. You may not settle any such matter without our prior written consent.

15. Dispute Resolution; Arbitration

Please contact us first if you have any concern or dispute relating to these Terms, the Services, or your use of the Services. You agree to try to resolve any dispute informally by contacting us before starting any formal legal proceeding.

If we are unable to resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your use of the Services will be resolved by binding arbitration on an individual basis, rather than in court, except that either party may bring a qualifying claim in small claims court.

The arbitration will be conducted by a neutral arbitrator in accordance with the rules of a recognized arbitration provider selected by us, unless otherwise required by applicable law. The arbitrator will have authority to award the same damages and relief that a court could award on an individual basis, subject to the limitations and exclusions in these Terms.

You and we agree that any arbitration will take place only on an individual basis and not as a class, collective, consolidated, representative, or other similar proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding.

Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in court to protect its rights pending completion of arbitration, and we may bring claims in court relating to unauthorized use of the Services, infringement or misuse of intellectual property, or violation of our proprietary rights.

To the fullest extent permitted by law, you and we waive any right to a jury trial for any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your use of the Services.

16. Email Support

References to "same-day" or similar email support are not guarantees. Please note:

• Response time is not guaranteed
• "Same-day" is based on average response time over the past 30 days
• Standard email support availability is 7 days a week
• Actual response time depends on support request volume
• Response time may be slower on or around major holidays
• A same-day response is less likely after 5pm Eastern Time

17. Intellectual Property

The Services and the features, functionality, code, technology, databases, graphics, logos, images, and any other content that we provide through or in connection with the Services, together with any intellectual property rights therein, are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Except for the limited right to access and use the Services in accordance with these Terms, nothing in these Terms grants you any right, title, or interest in or to the Services or any of our intellectual property. All names, logos, product and service names, designs, slogans, and other source identifiers used by us in connection with the Services are our trademarks or trade dress. You may not copy, reproduce, modify, adapt, translate, create derivative works from, distribute, sell, lease, license, publicly display, publicly perform, transmit, reverse engineer, decompile, disassemble, scrape, harvest, or otherwise exploit any portion of the Services or our content except as expressly permitted by these Terms or with our prior written consent. All rights not expressly granted to you in these Terms are reserved by us.

18. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services, including all licenses granted herein, will cease immediately.

19. Governing Law

These Terms shall be interpreted and governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Services must be brought exclusively in the state or federal courts located in Boston, Massachusetts, and you consent to the jurisdiction of those courts.

20. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through a prominent notice on our Services. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

21. Contact Information

If you have any questions about these Terms, please contact us at:

22. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

23. Entire Agreement

These Terms, including any additional policies or terms referenced herein, constitute the entire agreement between you and us regarding the use of the Services and supersede all prior and contemporaneous written or oral agreements between you and us.

24. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver of any right or provision of these Terms must be in writing and signed by us to be effective. A waiver of any right or provision on one occasion will not be deemed a waiver of that right or provision on any other occasion.

25. Survival

Any provisions of these Terms that by their nature should survive termination or expiration will survive, including provisions relating to ownership and intellectual property, user content licenses, disclaimers, limitations of liability, indemnification, dispute resolution, arbitration, class action waiver, payment obligations, and any other provisions intended to survive.