Terms of Service

1. Acceptance of Terms

By accessing or using BarkPark ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service. BarkPark is a social platform for dog owners to connect, share, and discover dog parks. These Terms constitute a legally binding agreement between you and BarkPark, Inc. ("we", "us", "our").

2. Description of Service

BarkPark provides a platform for dog owners to create profiles for their dogs, discover dog parks, check in to parks, share photos and updates, connect with other dog owners, track medical information through our Medical Vault feature (Top Dog subscribers), and access premium features through our subscription tiers.

3. Age Requirements and Parental Consent (COPPA Compliance)

BarkPark complies with the Children's Online Privacy Protection Act (COPPA). Age requirements:

• Under 13: You may not use BarkPark. We do not knowingly collect information from children under 13.
• Ages 13-17: Requires verifiable parental consent. A parent or legal guardian must create the account and supervise its use.
• 18 and over: Full access with no restrictions.

Parental Responsibility: By creating an account for a minor (13-17), you confirm that you are their parent or legal guardian and consent to their use of BarkPark. You are responsible for monitoring their activity and ensuring compliance with these Terms.

Reporting: If you believe we have collected information from a child under 13, please contact us immediately at privacy@barkpark.social. We will promptly investigate and delete any such data.

4. User Accounts

You must create an account to use BarkPark. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Providing accurate, current, and complete information during registration
• Updating your information as necessary
• Notifying us immediately of any unauthorized use of your account

5. User Content and Intellectual Property

Your Content Ownership

You retain all ownership rights to content you post on BarkPark (photos, posts, comments, dog profiles, videos). However, by posting content, you grant BarkPark:

• License Granted: A worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the Service and BarkPark's business operations.
• Duration: This license continues even if you stop using BarkPark, for content that has been shared with others or incorporated into the Service.
• Scope: This license includes the right to display your content in advertising, promotional materials, and partner integrations, always with attribution to you.

Your Warranties

By posting content, you warrant that:

• You own all rights to the content or have permission to grant this license
• Your content does not infringe on anyone else's intellectual property rights
• Your content does not violate any laws or third-party rights
• You have obtained any necessary releases from individuals shown in photos or videos

Copyright Infringement (DMCA)

BarkPark respects intellectual property rights. If you believe content on BarkPark infringes your copyright, file a DMCA takedown notice to:

Your notice must include:

1. Description of the copyrighted work claimed to be infringed
2. URL or location of the infringing content on BarkPark
3. Your contact information (email, phone, address)
4. Statement that you have a good faith belief the use is not authorized
5. Statement under penalty of perjury that you own the copyright or are authorized to act
6. Your physical or electronic signature

We will respond within 48 hours and remove infringing content if the claim is valid.

BarkPark Trademarks

"BarkPark", the BarkPark logo (dog paw icon), "Top Dog", and "Medical Vault" are trademarks of BarkPark, Inc. You may not use these marks without our prior written permission.

6. Prohibited Conduct

You agree not to:

• Post harmful, abusive, harassing, threatening, or illegal content
• Post content that promotes animal cruelty, neglect, or abuse
• Impersonate others or misrepresent your affiliation
• Use the Service for any unlawful purpose
• Interfere with or disrupt the Service or servers
• Collect user data without consent or for commercial purposes
• Share false or misleading information about dogs, parks, or health
• Spam, phish, or engage in fraudulent activity
• Upload viruses, malware, or malicious code
• Attempt to gain unauthorized access to accounts or systems
• Violate any applicable laws or regulations
• Encourage or facilitate violations of these Terms

7. Subscriptions and Payments

Subscription Tiers

BarkPark offers:

• Free Tier: Basic features at no cost
• Top Dog Subscription: Premium features including Medical Vault, advanced park insights, ad-free experience, and priority support for $4.99/month or $49.99/year

Billing

• Mobile Apps: Subscriptions are processed through Apple App Store or Google Play Store. Billing is handled by Apple/Google per their terms.
• Web: Subscriptions are processed securely through Stripe.

Auto-Renewal

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. You will be charged within 24 hours prior to the start of each renewal period.

Cancellation

You can cancel anytime:

• iOS: Settings → [Your Name] → Subscriptions → BarkPark → Cancel
• Android: Play Store → Menu → Subscriptions → BarkPark → Cancel
• Web: BarkPark Settings → Subscription → Manage Subscription → Cancel

Cancellation takes effect at the end of the current billing period. You retain access to premium features until then.

Refunds

• App Store/Play Store: Refunds are handled by Apple/Google per their refund policies. Contact Apple/Google support directly for refund requests.
• Web (Stripe): Contact support@barkpark.social within 7 days of purchase for refund consideration. We review refund requests case-by-case.

Free Trials

If offered, free trials convert to paid subscriptions unless canceled before the trial ends. You will be notified via email before billing begins.

Changes to Pricing

We may change subscription prices with 30 days advance notice. Existing subscribers are grandfathered at their current price for the remainder of their current billing cycle.

8. Medical Vault Disclaimer

Not Veterinary Advice: The Medical Vault feature is provided for informational and organizational purposes only. BarkPark is not a veterinary service and does not provide medical advice, diagnosis, or treatment.

Consult Professionals: Always consult with a licensed veterinarian for your dog's health needs. Do not disregard professional veterinary advice or delay seeking it because of information you access through BarkPark.

No Liability: We are not responsible for any decisions made based on information stored in the Medical Vault or any health consequences resulting from use of this feature.

9. Park Safety and Information

BarkPark provides information about dog parks based on user-submitted data, public sources, and third-party APIs. We do not guarantee the accuracy, completeness, or timeliness of park information, including:

• Park hours and availability
• Amenities and facilities
• Safety conditions or hazards
• Rules and regulations
• Weather conditions

Your Responsibility: Always use your own judgment when visiting parks, verify information independently, and supervise your dog at all times. You are solely responsible for your and your dog's safety.

10. Limitation of Liability

AS IS: BarkPark is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

No Liability: To the maximum extent permitted by law, BarkPark, Inc. and its officers, directors, employees, and agents are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, or goodwill
• Service interruption or data loss
• Injuries to you, your dog, or others at dog parks
• Veterinary expenses or health consequences
• Unauthorized access to your account
• Third-party conduct or content

Damage Cap: Our total liability to you for all claims arising from your use of BarkPark shall not exceed the amount you paid us in the 12 months prior to the claim, or $100, whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless BarkPark, Inc. and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your content or conduct
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable laws

12. Termination

By Us: We may suspend or terminate your account at any time, with or without notice, for:

• Violations of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Any reason at our discretion

By You: You may delete your account at any time through Settings → Account → Delete Account. Deletion is permanent and cannot be undone.

Effect: Upon termination, your right to use BarkPark immediately ceases. We may delete your data in accordance with our Privacy Policy. Some provisions of these Terms survive termination, including ownership, warranties, indemnification, limitation of liability, and dispute resolution.

13. Dispute Resolution and Arbitration

Informal Resolution

Before filing any legal claim, you agree to contact us at legal@barkpark.social to attempt to resolve the dispute informally. We will work in good faith to resolve issues within 30 days.

Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified by these Terms.

Exceptions to Arbitration: The following disputes are not subject to arbitration:

• Small claims court matters (claims under $10,000)
• Intellectual property disputes (copyright, trademark infringement)
• Violations of these Terms requiring injunctive relief

Arbitration Terms:

• One arbitrator selected under AAA rules
• Arbitration held in Los Angeles County, California (or your county of residence if you prefer)
• You pay only the AAA filing fee; BarkPark pays all other arbitrator costs and fees
• California law governs, excluding conflict of law principles
• Arbitrator's decision is final and binding
• No class actions or representative actions permitted (see below)

Class Action Waiver

YOU AND BARKPARK AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS ONLY. You waive any right to pursue claims on a class, consolidated, or representative basis. No class actions, class arbitrations, or representative actions are permitted. The arbitrator may not consolidate claims or preside over any class proceeding.

Governing Law

These Terms are governed by the laws of the State of California, excluding its conflict of law principles. Any disputes not subject to arbitration will be resolved in the state or federal courts of Los Angeles County, California.

Limitation Period

Any claim arising from these Terms or your use of BarkPark must be filed within one (1) year of the claim arising, or it is permanently waived.

14. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will notify you by:

• Posting the updated Terms with a new "Last Updated" date
• Sending an email notification to your registered email address
• Displaying an in-app notification

Your continued use of BarkPark after the changes become effective constitutes acceptance of the new Terms. If you do not agree to the new Terms, you must stop using BarkPark and may delete your account.

15. Accessibility

BarkPark is committed to making our service accessible to all users, including those with disabilities. We strive to meet WCAG 2.1 Level AA accessibility standards. If you encounter accessibility barriers, please contact us at accessibility@barkpark.social. We will work to resolve issues within 30 days.

16. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and BarkPark regarding the Service.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment: You may not assign or transfer these Terms without our consent. We may assign or transfer these Terms at any time.

Force Majeure: We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control.

17. Contact Us

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