Terms of service

Last updated: August 2024

Introduction

These Terms of Service (the “Terms”) govern the use of our website, moggie.me (the “Website”), together with our mobile application (the “App”), and any content on the Website or App (together, the “Services”). 

The Services are operated by Moggie Ltd (hereinafter “Moggie”, “we”, “us” or “our”). We are registered in England and Wales under company number 14356760 and have our registered office at 860-862 Garratt Lane, London, SW17 0NB. 

In these Terms, the “user”, “you” and “your” means you as the user of the Services.

These Terms refer to the following additional terms, which also apply to your use of the Services: 

• Our privacy policy, which explains how we will use and protect your personal data and our use of cookies (see our separate “Privacy Policy”).
• If you purchase goods via the Services, our Terms of Sale set out the terms of the contract for your purchase (see our separate “Terms of Sale”).

If you have any questions about the Services, please contact us by sending an e-mail to: hello@moggie.me.

 

Use of our Services

By using our Services, you confirm that you accept these Terms and that you agree to comply with them. 

You should read these terms prior to using the Services. We recommend that you save and/or print out a copy of these Terms for future reference. However, please note that we may change our Terms from time to time. Every time you wish to use our Services, please check the Terms to ensure you understand the provisions that apply at that time. 

If You do not agree to these Terms, you must not use the Services.

Accessing our Services

You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website or App.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our Services or any part of it. 

You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services or any other equipment or network connected with our Services. 

You must not interfere with, damage or disrupt any software used in the provision of our Services or any equipment or network or software owned or used by any third party on which our Services relies in any way. 

You must not attack our Services via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

We update our Services regularly and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend the Services at any time without notice. 

In the event of breach of these Terms or any applicable law, we reserve the right to limit, suspend or terminate Your access to the Services, taking any technical measures necessary for that purpose.

Registration and password security

Use of the Services may require registration, particularly in order to access restricted areas of our Services.

We are not obliged to permit anyone to register with the Services and we may refuse, terminate, or suspend registration to anyone at any time. 

Any password you use must comply with the instructions shown in the app during sign-up. You are responsible for making sure that your password and any other account details are kept secure and confidential.

If we have reason to believe that there is likely to be a breach of security or misuse of the Services through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

Accuracy of information and availability of the Services

Our Services are made available free of charge, unless otherwise indicated. 

The content posted on our Website and App is provided for general information only. It is not intended to amount to advice on which you should rely on. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website and/or App.

Although we make reasonable efforts to update the information on our Website and App, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website and App is accurate, complete or up to date.

While we try to make sure that the Services are available for your use, we do not promise that the Services will be available at all times or that your use of the Services will be uninterrupted.

Our Services are reliant on trackers collecting data regarding your cat’s activity, trackers transmitting this data to a hub, and the hub transmitting this data to your application interface (whether via the Website or the App).  This process relies on Bluetooth connections at each stage.  Except to the extent provided in our Terms of Sale regarding the technical specifications of the trackers and hubs, we are not responsible for the Bluetooth connections required for this process and we do not promise or guarantee that the information displayed on your application interface is accurate or complete.

Our Intellectual Property Rights

All intellectual property on the Website and App, and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible via the Services ("Materials") are owned by Moggie or licensed to us by our licensors. 

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services and the Materials. This licence is provided solely for your personal, non-commercial use and enjoyment of the Services.

Your use of the Services and the Materials are subject to the following restrictions:

• You may access, view and print out one copy of the Materials strictly in accordance with these Terms. In this regard, you may only view, print out, use, quote from and cite the Services and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgement where appropriate to us.

• The use of the Services by you does not imply the assignment of any intellectual property rights over the Services and/or the Materials. To such effects, under these Terms, it is expressly prohibited for you, except in those events in which this is permitted by law or prior authorisation has been granted by Moggie, to: 

• remove any copyright or other proprietary notices contained within the Website and/or App or the Materials; 

• use any Materials from the Services in any manner that may infringe any copyright, intellectual property right of us or any third parties; or 

• reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the Services and/or the Materials for any commercial purpose, without our prior written consent.

Our Services collect data via your cat’s activity tracker (and associated hub), including (without limitation) data concerning your cat’s location, activity levels, sleep patterns and other behavioural metrics (the “Cat Data”). By using our Services, you acknowledge that you give us an unconditional, perpetual, non-exclusive, irrevocable, worldwide, transferable, sub-licensable, royalty-free licence to access, use, reproduce, copy, aggregate, modify, analyse, create derivative works from, distribute, share, sell and otherwise exploit the Cat Data collected, for any purpose whatsoever (including, without limitation, to develop, train, validate and refine any AI systems or machine learning models owned or used by us or any third parties). 

Your Content

We may enable you to post, upload, store, share, send, or display images, video, data, and other information on the Services (“Your Content”). You retain all rights to Your Content that you post via the Services. You hereby grant to us a non-exclusive, transferable, sublicensable, worldwide, royalty-free licence to use, copy, modify, reproduce, translate, creative derivative works from and distribute Your Content, in whole or in part. 

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our Website and/or App for any purpose. This includes using (or permitting, authorising or attempting the use of): 

• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our Services or any data, content, information or services accessed via the same.

• Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(2) of the Digital Copyright Directive ((EU) 2019/790) (where applicable).

This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Linking to Our Website

You may link to any page of the Services for non-commercial purposes provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 

You must not link to our Services in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published via the Services. Our Services must not be framed on any other site. 

The website in which you are linking must comply in all respects with the following: 

• The link will only connect to the home page of our Website.

• The linked site shall be in full compliance with the law and shall never host, own or display third-party content that: (i) is unlawful or noxious or contravenes ethics and good customs (pornographic, violent, racist, misogynistic, homophobic or bigoted); (ii) misleads or may mislead the user to the false conception that Moggie subscribes for, sustains, adheres to or in any other manner supports the ideas, statements or expressions, either lawful or unlawful, of the sender; and (iii) is inappropriate or irrelevant relating to the activity of Moggie.

• The linked site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable and no false, inaccurate or incorrect statement on the Website and/or Moggie will be made from the linked website.

For the avoidance of doubt, in no event will the authorisation granted by Moggie mean that: (i) it sponsors, cooperates with, verifies or supervises the content and/or services provided through the linked site; or (ii) it is liable for any content displayed on the linked site.

We reserve the right to withdraw linking permission at any time and without notice. 

Privacy, Your Personal Data and Cookies

The privacy of your personal data is important to us. We can collect information from you through the data collection forms included on the Website. Please see our Privacy Policy for details on how we will process your personal data and our use of cookies.

Third Party Sites

Our Services and/or the Materials may contain hyperlinks or references to third party advertising and websites, for example Facebook, Instagram, and YouTube. 

Your browsing and interaction on any third-party website may be governed by the terms and conditions of that third-party site. If you decide to visit any third-party website, you do so at your own risk. 

We are not responsible for the content, accuracy or opinions expressed in such websites. Links do not imply that we are, or our Services are, affiliated to or associated with such websites. 

The inclusion of any link via our Services, or in our communications with you does not imply endorsement by us of the linked site. 

Affiliate Marketing

We may display links to websites of affiliated companies through the Services and we may receive commission should you view and/or purchase any goods or services via such affiliated links. We are not responsible for the content, accuracy or opinions expressed in such websites. Furthermore, we are not responsible or liable for the actions, products, services or content provided by any third party affiliates.

Information on the Website and/or App

Should you or any other user know that any information or content displayed via the Services is unlawful, damages third-party rights, contravenes the Terms or is, in any other manner, noxious or contrary to ethical conduct or customary practice, you may get in touch with Moggie at hello@moggie.me, stating: 

• details of the notifying party: name, address, telephone number and e-mail address;

• description of the facts that show that the content or information is unlawful or inadequate and the specific website address at which it is available; and

• in the event of violation of third-party rights, such as intellectual property rights, the data of the holder of the infringed right must be stated where it is a person other than the notifying party. The instrument evidencing the ownership of the violated rights and, if appropriate, the powers of attorney to act on behalf of the holder where the holder is a person other than the notifying party must also be submitted.

Our Liability

To the fullest extent permissible by law, we exclude and disclaim all warranties, representations or other terms that may apply to our Services. 

We will not be liable to you for any loss or damage, indirect, special, incidental, or consequential damages or otherwise, even if advised of the possibility of such damages. 

We do not guarantee that the Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Services. We recommend that you use your own virus protection software.

Governing Law and Jurisdiction 

Please note that the Terms, their subject matter and their formation are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction.

Contact Us

If you have (a) any concerns or queries about material which appears on our Website and/or App; (b) any questions about your use of our Services or these Terms; or (c) any suggestions for improvements or additions that you would like to see for our Services, please email us at hello@moggie.me

1. About Us

We are Moggie Ltd (hereinafter “Moggie”, “we”, “us” or “our”), a company registered in England and Wales under company number 14356760. Our registered office is at 860-862 Garratt Lane, London, SW17 0NB.

2. Contact us

You can contact us by sending an e-mail to hello@moggie.me or using the form provided at https://help.moggie.me/
en-US/contact.

3. These terms

These Terms of Sale (the “Terms”) apply to any purchases you made on our website, moggie.me (the “Website”). Please read these terms carefully before you place any orders on our Website, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.
Any reference to “you” or “your” is to the person placing an order on our Website.
We may make changes to these Terms at any time. The terms which apply to your order will be those in force at the time you submitted your order to us. Every time you submit an order, please check these Terms to ensure you understand the provisions that apply at that time.
Please print out or save a copy of these Terms and any emails from us for your records, as we will not save or file a copy for you. These Terms are only available in English.
Your use of our Website is governed by our Terms of Service.

4. Orders

Once you have ordered and paid for your goods on our Website, you will be sent an acknowledgment email confirming the receipt of your order. If you notice some of the information in your acknowledgment email is incorrect, please contact us immediately so that we can correct it.
This does not mean that your order has been accepted by us. Your order is an offer to buy products from us on these Terms. Acceptance of your order by us takes place when we dispatch your order to you, at which point a legally binding contract is formed between you and us on these Terms. We will send you an email to confirm dispatch with tracking information where applicable.
If we do not accept your order, for example because we have been unable to pre-authorise the payment, the products are unavailable, or there has been a mistake regarding the pricing or description of the products, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.

5. Availability

All orders are subject to availability. We cannot guarantee that any of our products will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop selling certain products. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund (including any delivery costs) if payment has already been taken.

6. Product descriptions

Descriptions of our products are set out on our Website.
Please read the product description carefully. Pictures and images of the products or their packaging on our Website are for illustration purposes only. Your products and their packaging may vary slightly from those pictures or images.
We cannot guarantee that the colours displayed on your device will match exactly the appearance of your products. The colours of the products displayed on our site may vary depending on what device you are using and your settings.
All weights, sizes and measurements set out on our site are as accurate as possible but there may be a small tolerance of up to 1%.

7. User restrictions

You must use our products for domestic and personal use only. You must not use our products for commercial, business or resale purposes.

8. Prices

Prices for our products are set out on our Website. All prices unless otherwise stated are in pounds (£) sterling (GBP) and include VAT at the applicable rate but exclude delivery charges.
If you are resident in a country outside of the mainland UK, all customs duties, fees, and other import tariffs shall be borne by you where applicable. We invite customers to contact custom authorities in the country or area in which they have their item delivered for cost details. Moggie does not offer VAT refunds for orders placed online at the Website.
While we try to ensure that all prices on our Website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option to re-confirm your order at the correct price or cancel it. If we are unable to contact you, we will treat the order as cancelled. In these cases, if you cancel the order and you have already paid for the goods, you will receive a full refund.

9. Payment

Moggie accepts payments via Stripe, G-Pay and Apple Pay, and Klarna.
We will take payment from your card when your order is ready for dispatch. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.

10. Delivery

We will deliver your order to the address specified by you when you placed your order. We deliver our products via third party providers associated with the warehouses where products are stocked.
Please ensure that you are available at the address provided on the delivery date. If you are not available to receive your order, someone appointed by you should receive it. In any case, a signature may be required as proof of delivery. If no one is available to take delivery, the courier should provide you with information how to re-arrange delivery.
If a further delivery attempt is unsuccessful or we are unable to follow your delivery instructions, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may cancel the order and the courier company may return it back to origin.
In those cases, all costs from original delivery, custom duties and fees if any, delivery attempts and return will be borne by the customer.
Moggie does not accept address changes after orders have been dispatched and customers are notified of dispatch. Before receiving the confirmation of dispatch by email, you may cancel your order and request the refund of the amounts paid. If you still need the order to be delivered somewhere else, you will have to place a new order.
Moggie carries the risk and liability for damage to the goods during transport when delivering until you or someone has taken physical possession of the goods. If you choose to return the goods regardless of the situation, you will have the risk and liability for damage to the goods during transport when returning until Moggie has taken physical possession of the goods.
In the unfortunate event any product you purchased is missing, please reach out to us to request a replacement of the item to us within 30 days of receipt of your dispatch email. You will have to request a new delivery to support@moggie.me. You will receive an email with all instructions for the new delivery. Moggie reserves the right to deny replacements if notification by you is made out of the time frame above indicated.
Once your order has been delivered to your address or in accordance with the delivery instructions you provided to us, the risk in the products passes to you and the goods are classed as having been ‘delivered’. This means that you are responsible for the products and we are not liable to you if the products are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the products are faulty or misdescribed. Ownership of the products passes to you once you have paid for them in full.

11. Delivery dates and costs

For information on delivery options and costs, you may find a complete list of the countries where Moggie delivers, along with the corresponding shipping rates and estimated shipping times here.
Deliveries may be subject to local import duties, custom duties or taxes, which are your responsibility if your order is to be delivered outside of the mainland UK. Moggie is unable to advise you of local charges or assume any responsibility for them. If you do not pay these local import/custom duties or taxes, the product could be returned to Moggie or be destroyed. Please note if this happens, you will not be eligible for a refund, and all return charges will be at your cost. You must comply with all applicable laws and regulations of the country to which the products are destined.
Your order will be delivered with the delivery period specified, depending on the delivery option you chose when you place your order. The usual time of delivery depends on the address of delivery and is estimated within 30 days of the shipping confirmation email unless otherwise agreed between you and us.
Any delivery dates stated during the order process, or in your order acknowledgement or confirmation emails, are estimates, unless we have agreed a specific delivery date with you. We make every reasonable effort to deliver goods within the delivery period or on the delivery date agreed with you. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).

12. Consumer cancellation rights

You have 14 days from the delivery date to change your mind and cancel your order. To cancel your order, please contact us at support@moggie.me.
If you have already received your order, you must return the unopened products to us within 14 days of telling us that you want to cancel your order. The deadline is met if you send the products back to us before the 14-day period has expired. We strongly recommend that you get proof of postage. We may withhold the refund until we have received the products back from you or until you have provided us with evidence that you have sent the products back (whichever is earlier).
Products must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. We may make a deduction from the refund amount if you have handled the product in a way that has diminished the value of the product, if such handling was beyond what is necessary to establish the nature, characteristics and functioning of the products. You are responsible for the products while they are in your possession.
We will provide you with a refund (including delivery charges) as soon as possible. If you cancelled before you received any products, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel. If you have sent products back to us, we will issue the refund no later than 14 days after the day we receive the products back from you or, if earlier, 14 days after the day you provide us with evidence that you have sent the products back.
We will issue your refund to the same payment method you used when you placed your order.

13. Faulty products

The products that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply products that are in conformity with our contract with you.
During the expected lifespan of your product, you are entitled to the following:

Up to 30 days:	If your product is faulty, you can get an immediate refund.
Up to six months:	If the product cannot be repaired or replaced, then you are entitled to a full refund in most cases.
Up to six years:	If the product does not last a reasonable length of time, you may be entitled to some money back.

This is a summary of some of your key rights. They are in addition to your cancellation rights set out in the Consumer cancellation rights section above. For more information on your rights, please visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.

14. Events beyond our control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

15. Our liability to you

If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

16. Your information

Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here, which explains what information we collect and hold about you, and how we collect, store, use and share such information.

17. No third party rights

No one other than us or you has any right to enforce any of these Terms.

18. Complaints

If you are unhappy with us or the products you ordered, please contact us at support@moggie.me.

19. Governing law and jurisdiction

The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

20. General terms

You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.

Subscription to Unlimited Chat Service

1. Service Description
   The subscription service grants users unlimited access to the Chat feature, allowing unlimited messages and interactions within the app. Users who do not subscribe will have access to a maximum of 10 free messages across all Chat sessions from their cats' profiles. The subscription costs £2.99 (or equivalent in local currency) per month and is subject to automatic renewal.
   
   
2. Subscription Process
   The subscription can be purchased via in-app purchase, which will redirect the user to the appropriate app store (Apple App Store or Google Play Store) to complete the payment process. Payment will be processed through the user's chosen payment method associated with their app store account.
   
   
3. Renewal and Cancellation
   The subscription will automatically renew on a monthly basis unless cancelled by the user. Users can cancel their subscription at any time via their relevant app store account. If cancelled, the subscription will remain active until the end of the current billing cycle, after which the user will revert to limited access, with a maximum of 10 free messages per month. Subscription status and renewal details can be viewed within the app, which is linked to the user's app store account.
   
   
4. Moggie Activity Tracker & Hub
   Users who purchase a Moggie Activity Tracker & Hub set will automatically receive unlimited access to the Chat feature, bypassing the need for a separate subscription.
   
   
5. Refund Policy
   No refunds will be provided for any subscription payments. If a subscription is cancelled, the user will still have access to unlimited Chat messages until the end of the current subscription period, after which they will revert to the free, limited Chat usage.
   
   
6. Fair Use Policy
   Users must adhere to a fair use policy when using the Chat feature. The service provides access to an AI assistant that can communicate in the voice of a veterinary-style cat carer or the user's own cat. The use of the service is subject to the expectation of appropriate and respectful conduct. Any abusive, inappropriate, or disruptive messages may result in suspension or termination of access to the service.
   
   
7. Data Collection and Privacy
   In accordance with our privacy policy, we collect general behavioural data about our users' cats and their care. This data is collected to improve the service and assist with better understanding cats' needs. All data will be handled in a manner that respects the user's privacy and anonymity unless otherwise explicitly authorised by the user.
   
   
8. Modifications to Subscription Terms
   We reserve the right to modify the subscription terms, pricing, or features of the Chat service at any time. Users will be notified of any significant changes via the app or other communication channels. Continued use of the service after such modifications will constitute acceptance of the revised terms.
   
   
9. Governing Law
   These Terms of Sale and any disputes relating to them will be governed by and construed in accordance with the laws of England and Wales. Users agree to submit to the exclusive jurisdiction of the English courts.