This End User Licence Agreement ("Agreement") is a binding legal agreement between you ("User", "you") and Peter Warden (trading as TailWag) (ABN 91 360 554 740), Australia ("TailWag", "Licensor", "we", "us") for the use of the TailWag mobile application ("Licensed Application" or "App").
The Licensed Application is licensed, not sold, to you. By downloading, installing, or using the App, you agree to the terms of this Agreement. If you do not agree, do not download, install, or use the App.
This Agreement is between you and TailWag only, and not with Apple Inc. ("Apple"). Apple is not responsible for the Licensed Application or its content.
TailWag grants you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the App on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms and Conditions ("Usage Rules"). This licence does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
You may not:
To use the App, you must create an account. You must be at least 18 years of age. TailWag is not intended for use by children or minors under 18. By creating an account, you confirm that you are 18 years of age or older. If we become aware that a user is under 18, we will terminate their account and delete their data promptly.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
The App offers optional auto-renewable subscription plans ("Pup" and "Alpha") providing premium features. Subscriptions are billed through your Apple ID account and are subject to Apple's payment terms.
Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. You can manage or cancel subscriptions in your Apple ID account settings. No refunds are provided for unused portions of a subscription period, except as required by applicable law or Apple's refund policy.
Prices are in Australian Dollars (AUD) and may vary by region due to Apple's pricing tiers. TailWag reserves the right to change subscription pricing with reasonable notice.
You retain ownership of all content you create and post through the App (photos, text, messages). By posting content, you grant TailWag a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and distribute that content within the App and for promotional purposes related to TailWag.
You are solely responsible for your content and must ensure it does not violate any laws, infringe any third-party rights, or breach the Acceptable Use terms in our Terms of Service. TailWag may remove content at its sole discretion.
The App includes QR-based safety identification and lost dog alert features. These are provided as convenience tools only. TailWag does not guarantee that a lost dog will be found, that alerts will be received or acted upon, or that QR codes will be scanned. You use these features entirely at your own risk. TailWag accepts no liability for any loss, injury, or damage to animals arising from the use of safety features.
The App uses location services as follows:
You may revoke location permissions at any time via iOS Settings. Some features may be limited without location access.
Your use of the App is governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. The Privacy Policy is incorporated into this Agreement by reference.
The App, including its design, code, graphics, logos, icons, and all original content, is the intellectual property of Peter Warden (trading as TailWag) and is protected by Australian and international copyright, trademark, and other intellectual property laws. This Agreement does not grant you any rights to TailWag's trademarks, trade names, or service marks.
The App may integrate with third-party services including Supabase (database and authentication), Apple (Sign in with Apple, In-App Purchase), and Stripe (physical product payments via the website). Your use of these services is subject to their respective terms and privacy policies. TailWag is not responsible for the availability, accuracy, or content of third-party services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TailWag does not warrant that the App will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
Australian Consumer Law: Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee or right you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, restricted, or modified by agreement.
To the maximum extent permitted by applicable law, in no event shall TailWag, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, loss of goodwill, or personal injury, arising from:
TailWag's total aggregate liability to you for all claims arising from or related to this Agreement shall not exceed the amount you paid to TailWag (directly, not through Apple) in the twelve (12) months preceding the claim, or AUD $50, whichever is greater.
You agree to indemnify and hold harmless Peter Warden (trading as TailWag), its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the App, your content, or your violation of this Agreement.
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms. Upon termination, you must cease all use of the App and delete all copies from your devices.
TailWag may suspend or terminate your account and access to the App at any time for breach of this Agreement or our Terms of Service, with reasonable notice where practicable. You may delete your account at any time via Settings within the App.
You acknowledge and agree that:
This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in New South Wales, Australia for the resolution of any disputes arising from this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
This Agreement, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and TailWag regarding the App and supersedes all prior agreements and understandings.
TailWag reserves the right to modify this Agreement at any time. We will notify you of material changes via in-app notification or email at least 14 days before the changes take effect. Your continued use of the App after the effective date of any changes constitutes your acceptance of the modified Agreement.
If you have any questions about this Agreement, please contact us: