Findster Technologies S.A. | Terms of Service

Welcome to Findster!

At Findster, we develop products that take advantage of technology and innovation to connect people with their beloved pets. By applying a new paradigm in location systems, Findster uses proprietary long-range communication technology to enable the continuous control of each pet’s safety and wellbeing - without requiring mandatory monthly fees.
These Terms of Service (“Terms”) apply to your access and use of the Findster Service. The “Findster Service” includes the use of tracking devices and the associated firmware, application, software, website, APIs, products, and other services.

These Terms are an agreement between you and Findster Technologies S.A., a Portuguese company with its registered office at Rua Pedro Nunes, Edifício C, 3030-199 Coimbra.
When the Terms mention “Findster”, “we”, “us” or “our”, they refer to the party to the agreement that provides you with the Findster Service.
You must accept these Terms to create a Findster account and to access or use the Findster Service. If you do not accept these Terms, do not create an account or use the Findster Service.

Your use of “Findster Care Membership” is subject to additional Terms and Conditions, which are incorporated into these Terms:

  1. Read Our Privacy Policy

    For information about our data practices, please see our Privacy Policy, including our Cookies Use statement. By accessing or using the Findster Service, you agree that we can collect and use your information in accordance with the Privacy Policy.

  2. Use of FINDSTER’s Service

    1. Ownership of the domain www.getfindster.com

      The Website www.getfindster.com (hereinafter referred to as Site) is owned by Findster Technologies, S.A. (hereinafter referred to as Findster), Legal person / Registration no. 513.368.019, with registered office at Rua Pedro Nunes, Edifício C, 3030-199 Coimbra, and offices in Rua Sá da Bandeira, n.º 651, 1.º Dto., 4000-437 Porto.

      If you require any further information please contact FINDSTER, by any of the following means:

      Email: info@getfindster.com

      Findster Technologies, S.A., Rua Sá da Bandeira, 651, 1º Dto., 4000-437 Porto, Portugal

      Telephone (between 10 a.m. and 4 p.m.): +351 223 248 286

    2. Scope

      The Terms of Service apply to all visits to the Website, to any transactions of a commercial nature using the Findster Online Store available therein and any acquisition of the “Findster APP.”, regardless of how this takes place or from whom it is obtained.

      Navigation of the Website, purchases of any product on the Website or the acquisition of “Findster APP.” imply acceptance of these Terms by the user and/or client, for which reason if the user or the client does not agree to these Terms, they shall not use this webpage not any of the products or services provided therein nor acquire any Findster products.

      Findster reserves the right to amend the Terms of Service without notice, whereby all changes shall be published on the Website.

      We inform that “Findster Device” technology involves a hardware component and a software component (the latter is designated as “Findster APP.”), whereby these two components are acquired separately by the client, in other words, the acquisition of one component does not include the acquisition of the other component.

      The product is construed as anything that can be acquired by the client with regard to Findster technology designated as “Findster Device”, among others, hardware and software (for example, the “Findster APP.”), hardware components, manuals, etc., jointly or separately.

    3. Information Regarding Contents

      The reproduction, transfer, distribution or storage of Website contents without the prior written consent of Findster is forbidden for all purposes except strictly personal purposes.

      The introduction of links to this Website is expressly forbidden, regardless of the intended purpose, without the prior consent of Findster.

      The Website contains information regarding Findster technology designated as “Findster Device”, for which reason, on commencing the procedure to acquire any product (for example, the purchase of any product or downloading the “Findster APP.”) the client declares that they have consulted, understood and accepted the “Product Description” (which also encompasses the description of the “Findster APP.”), the “User Manual” and the “Instructions for Downloading “Findster APP””. These are published on the Website.

      Findster reserves the right to amend the information available on the Website without notice, including the “Product Description”, the “User Manual”, the “Instructions for Downloading “Findster APP”, any offers presented regarding products, prices, sales terms & of service, etc.

    4. Intellectual Property

      All copyright and/or associated rights and/or rights regarding computer programs/software and/or industrial property rights, as well as any others of similar nature, commonly jointly referred to as “intellectual property”, among others, related to all and any product or service, project, technological solution or technical documentation, design work, manuals, databases, simple ideas or know-how, trade secrets, commercial information sales/marketing techniques, regarding Findster, “FINDSTER Device” and the Website is the exclusive property of Findster.

      Use in any form, fully or in part, by any person, of anything related to the abovementioned type of “intellectual property” rights that are the exclusive property of Findster require prior written authorization by Findster.

    5. Duties of Clients and Users

      Users and clients undertake to:

      • Strictly observe the Terms of Service;
      • Refrain from introduction, storage or disclosure, via the Website, or defamatory, obscene, offensive, xenophobic contents and/or contents of any other nature that infringe the general principles of law and public order;
      • Keep and not disclose any passwords related to the Website and Findster products, such as passwords for access to the Website and for downloading the “Findster APP.”;
      • Not use false identities;
      • Provide personal details, email addresses and physical addresses correctly in a manner that allows Findster to duly process what is requested, such as product orders.

      Findster reserves the right to eliminate the user’s account in the event of infringement of any of the abovementioned situations.

      Clients are liable for the accuracy of the data communicated to Findster and undertake to immediately file any changes to such data immediately in their account.

      Findster shall not be liable for any delay or impossibility to process orders as a result of client errors or insufficient information communicated by the client.

    6. Placement of Orders Online

      The validation of the purchase order by the client implies that the client is aware of, has understood and expressly accepts the Terms of Service.

      As soon as the purchase order is complete, you will automatically receive an email confirming the transaction.

      If the data regarding the email referred to in the above number is not correct, you must immediately request its correction or even the cancellation of the purchase made.

      FINDSTER allows you to pay for the products marketed on the WEBSITE using any of the following means of payments:

      • Credit Card;
      • PayPal (clients must identify themselves with their username and password).

      The data registered by FINDSTER provide proof of any transactions existing between FINDSTER and the client, for which purpose FINDSTER shall be responsible for filing the digital documents on which the contract is executed and ensuring it is accessible.

    7. Product Availability

      Findster shall only process an order placed by a client after the respective payment is confirmed, for which reason Findster is unable to guarantee product availability until the abovementioned process begins.

      Estimated delivery times are merely for informative purposes and any delays shall not entitle the client to receive an indemnity.

    8. Import and Use of Products in Countries other than Portugal

      If clients intend to import the products to countries other than Portugal and/or to use the products in countries other than Portugal, they shall have to verify, with the authorities of their country, the Terms of Service for import or use of the products, before the purchase, among other matters, with regard to applicable licenses, permits and costs, whereby the client is exclusively liable for obtaining such information.

      Findster shall not be held in any way liable for issues that may arise regarding this matter and the client assumes full liability for issues that may arise regarding this matter, such as, for example, the client shall always be liable for any infractions, fines or penalties, levies or any other charges.

    9. Price

      The prices payable by the User for the Products to be supplied by Findster under these Terms will be specified in the applicable Order. Unless otherwise expressly stated in an Order, all prices exclude shipping and taxes.

      Additional transport charges may be applicable or other costs, among others, fiscal charges, for countries other than Portugal, which shall be borne exclusively by the client. Failure to pay for the order from the date it was definitely placed implies the automatic cancellation of the order.

      Findster reserves the right to unilaterally cancel the order in the event of a programming error or an operating error of Findster operations.

    10. Conditions of Use

      The client undertakes to use the products under the following Terms of Service:

      • In conformity with the Terms of Service;
      • In conformity with the “Getting Started Guide” and “Setup Guide” available in www.getfindster.com/setup;
      • Only for personal purposes, whereby they shall not be used for any commercial purposes (e.g. sale or assignment, for use by third parties);
      • In strict compliance with the law, whereby they cannot be used for any purpose or in any way forbidden by law;
      • Only in association with products, services or technologies provided by Findster or approved expressly by Findster.

      In the event that clients infringe the above when using the products, Findster shall not be liable for the consequences resulting therefrom, whatever they may be, such as, among others, the products work badly, damage to the products or caused to other property or people.

    11. Terms & Conditions for acquisition of “FINDSTER APP” license

      The client acquires the “FINDSTER AP” under the following Terms and Conditions:

      • “FINDSTER APP.” does not provide any other type of product, technological solution or service (for example, GPS service), other than that expressly stated in the “PRODUCT DESCRIPTION”.
      • Acquisition of the “FINDSTER APP.” entitles the client to an end-user license with the characteristics itemized below.
      • The license is granted only for personal purposes, whereby all other types of use are excluded.
      • The “FINDSTER APP.” cannot be used for any purpose or by any means forbidden by law.
      • Reproduction or copy of the “FINDSTER APP.” Is not permitted, nor can any changes be made to this software.
      • The license is non-exclusive, whereby FINDSTER shall remain entitled to grant other licenses to third parties under the conditions it considers appropriate at its sole discretion.
      • The license is non-assignable, whereby the client shall not be entitled to assign “FINDSTER APP.” in any way.
      • The license may be granted for consideration or free of charge, according that determined at any given time by FINDSTER.
      • No ownership rights over “FINDSTER APP.” are conveyed, such as, among others, copyright and / or associated rights and / or rights regarding computer programs / software and / or industrial property rights, as well as any others of similar nature, commonly jointly referred to as “intellectual property”, for which reason FINDSTER is and shall remain the sole and exclusive proprietor.
      • FINDSTER reserves the right to create modified versions of “FINDSTER APP.” in the future, though this shall not render it liable to automatically provide new versions to registered clients, whereby the latter may, if they so wish, acquire other versions that shall be made available to them under commercial conditions to be defined and shall be subject to the licenses in force at that time.
      • This is a lifelong license, which shall expire with the death of the client, unless terminated beforehand due to breach by the client, for example, due to infringement of any provision set forth in the TERMS & CONDITIONS.
  3. Return & Refund Policy

    1. Findster Satisfaction Guaranteed

      If you are unsatisfied with your purchase from www.getfindster.com for any reason, you have 30 days from the date of purchase to request a full refund. To qualify for a refund, all the following conditions must be met:

      1. A return authorization form must be requested from our Support Team within 30 days of the delivery date. To request a return authorization and instructions on how to proceed with a return, please email us at support@getfindster.com (for a matter of feedback, we'd appreciate if you could provide us the reason(s) for the refund request);
      2. You must return the Product to Findster in order to receive your refund. Returned Product(s) must be in good physical condition (not physically broken or damaged). All accessories originally included with your purchase must be included with your return.
      3. To ensure successful delivery, you are required to ship the returned Product(s) using the prepaid return shipping label emailed to you by Findster (unless our Support Team specifically says otherwise).
      4. A Return Merchandise Authorization (RMA) will also be provided by Findster, in PDF format. This RMA must be printed and included along with your returned Product(s).
      5. Findster must receive the returned Product within 14 days after the RMA number has been issued. An assigned RMA number is valid for 14 days only and will expire on the 15th day after the date of issuance, at which time any returned Product will be refused.
      6. If you return a product to Findster (a) without the shipping label and RMA provided by Findster or (b) without all parts and accessories originally included with your purchase, Findster retains the right to either refuse acceptance of such return or charge you a restocking fee of 15% of the original price of the Product(s) or the retail value of the missing parts and accessories, whichever is higher.

      Additional terms and conditions

      1. Refunds will be processed and paid within 2 weeks of Findster’s reception of the Product.
      2. All refunds will be processed via the same payment method used to make the purchase.
      3. Shipping, processing, handling charges, and taxes paid (such as state, customs, or VAT) are not refundable.
      4. All shipping charges related to the return will be discounted from the amount refunded (up to 10% of the order total) and you assume the risk of loss or damage to the returned Product(s) while in transit back to Findster.
      5. If you purchased a Findster product from a third party, such party will provide information about eligible returns.
      6. Returns to resellers are subject to the reseller’s return policy, which may differ from Findster's.
    2. Exclusion of Liability

      Findster shall not be held liable under any circumstances, except solely for the liability that results from the legal stipulation that cannot be excluded.

      Users/clients agree that online store is used at their account and risk and that the online store and the products provided by Findster are made available “in their current status” and “according to availability”, and also accept that not all the information is provided exhaustively.

      In the widest sense possible according to the applicable law, Findster denies all guarantees, express or implicit, included but not limited to implicit guarantees of marketability and convenience for a specific purpose and does not guarantee that the functions contained are uninterruptedly available or are free of errors, that such defects shall be corrected, or that the webpages or the server that provides these are free of virus or other malicious elements; furthermore, in the widest sense possible according to the applicable law, Findster does not guarantee or make representations regarding the use, or results of the use, or the materials on this webpage, or the products in terms of quality, suitability, precision, reliability, safety, or any other aspects.

      Findster does not guarantee, in any way, operation and suitability for any use, security, efficacy or approval by domestic or foreign regulatory agencies, and refuses liability for any consequences that may arise from future changes to the law, such as use of the products being forbidden or restrictions on the use of the products.

      Clients expressly recognize and accept that the products are used in association with other services (e.g. GPS) which, if these works badly or do not work, may provide wrong data and/or prevent the products from operating correctly and/or for their intended purpose, for which reason they shall expressly waive Findster liability regarding any failures and/or other circumstances that result from the operation of that type of services.

      Findster shall not be liable for:

      • Losses regarding which the client is at fault;
      • Losses regarding which third parties are at fault;
      • Losses arising from force majeure or act of God;
      • Any circumstances under which any provision of the Terms of Service has been infringed (which includes, inter alia, the duty to comply with the “User Manual”);
      • Losses arising from any situation that is unrelated to product hardware;
      • Losses related to GPS errors;
      • Losses arising from interferences, interruptions, computer viruses, breakdowns or disconnection of the operating system that may prevent users from access and navigation and/or access and the correct use of the products;
      • Any other circumstances under which it is not liable according to the law.
    3. Legislation Applicable to Dispute Resolution

      The Terms of Service, purchases performed on the Website and everything else related to the Website, transactions, acquisitions and products, are governed by the laws of Portugal.

      The Courts of the District of Porto and no other shall have exclusive jurisdiction to settle any dispute regarding the Website, the Terms of Service, the products and any other situation related to Findster and connected to the Terms of Service.

      For the purposes of that set forth in art. 18 of Law no. 144/2015, of 08-09, we inform consumers that, in the event of a dispute, they can apply for Alternative Dispute Resolution (ADR), regarding which the following ADR entities are available:

    4. Additional Terms and Conditions

      All refunds will be processed via the same payment method used to make the purchase. If you purchased a Findster product from a third party, such party will provide information about eligible returns and refunds;

  4. Amendments

    Findster reserves the right to amend the Terms of Service without notice and with immediate effect.

Findster Care | Terms of Service

Alongside with Findster Duo+, we provide a Findster Membership – Care - that provides exclusive access to an AI-powered Vet. Findster Care uses AI-provided data to allow detailed pet behavior analysis by real vets, potentially enabling early detection of illness. Your use of the Findster Care Membership (“Care Membership”) is governed by the Findster Terms of Service, which incorporate these Findster Care Membership Terms (“Care Membership Terms”).

By purchasing a Care Membership, you agree to the following Terms and Conditions:

  1. Care Membership

    The Care Membership provides access to personalized insights that help you ensure your pet is healthy. The Care Membership does not provide a nutritional, fitness, medical or other health care service. Although some Vets may be licensed practitioners, they do not provide professional services through the Care Membership. The Care Membership is intended to give you access to general guidance only and is not a substitute for professional medical consultation, advice or treatment by a Doctor of Veterinary Medicine who has actually examined the animal’s condition. Findster does not endorse any specific tests, or medical professional, products, procedures, opinions, or any other information that may be mentioned on the Care platform.

    Never disregard professional medical advice or delay in seeking it because of something you have read on the Care platform. If you believe your pet may have a medical emergency, call your veterinarian immediately.

  2. Vets

    The Care Membership allows you to connect with a Vet who will contact you or respond to your questions in order to provide support and guidance in taking care of your pet. Vets may interact with you via in-app chat.
    Provider Vets are subject to background checks and trained by Findster. They are contractually bound to keep your information confidential and agree not to misuse information about you. Occasionally, a Vet’s availability may change, and we reserve the right to remove them with or without notice to you. In the event that your Vet is no longer available, we will connect you with another one.
    If a Vet engages in inappropriate behavior, please report it to us. When interacting with the Vet, you agree to be polite and avoid engaging in inappropriate behavior.

  3. Payment Terms

    You purchase a Care Membership in connection with a Findster Duo+ Kit on our website, giving you full and unlimited access to all content and features of Findster Service for as long as the Membership remains active.

    The Membership is billed as a Subscription recur on a Monthly basis until canceled in accordance with these Care Membership Terms.

    Once you complete your first Findster Duo+ setup, Findster will make available to you a 30-Days Free Trial. This Free Trial entitles you access to the Care Service for a period of thirty (30) days from the moment that you finish the setup. The Monthly Subscription is activated 30 days after the end of the Free Trial, when Findster starts charging your designated payment method based on these Terms. The Monthly Subscription activation will make available to you the access to the Findster Care Membership.
    Recurring billing occurs at the beginning of the Subscription cycle and provides access for one month thereafter. By purchasing a Care Membership, you agree to an initial 30-Days Free Trial and thereafter to recurring Monthly Subscription Fee at the then-current rate and you accept responsibility for all recurring payment obligations prior to the cancellation of your Subscription by you or Findster.
    If the initial charge fails, we will make a second attempt 24 hours later and a third one 48 hours after the first device activation. If these attempts fail, you will no longer have access to the Findster Care Membership and its designated features.

    To terminate your Subscription, you must follow the instructions subject to the Terms of our cancellation “Termination Policy” described below.

    By submitting your payment details, you consent us using your payment details in accordance with our Privacy Policy and acknowledge and agree to the present Care Membership Terms of Service.
    We use third-party payment services to process your credit card information. By submitting your credit card information, you grant Findster the right to store and process your information with the third-party payment service, which may change from time to time; you agree that Findster will not be responsible for any failure of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third-party payment service provider's Terms of Service. You acknowledge that we may change the third-party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

  4. Disclaimers about the Care Membership

    The Care Membership is provided “as-is” without warranty of any kind. Without limiting the foregoing or any other Terms or Agreements you have with us, we explicitly disclaim all express or implied warranties arising out of the Care Membership, including any warranties of merchantability, quiet enjoyment or non-infringement, and any warranties arising out of the course of dealing or usage of trade. We make no warranty that the Care Membership will meet your requirements or be available on an uninterrupted, secure or error-free basis.

    We make no endorsement, representation or warranty of any kind about any information on the Care Membership, whether provided to you by a Vet or any content available through the Care platform. We are not responsible for the accuracy, reliability, availability, effectiveness or correct use of information you receive via the Care Membership and we are not responsible for any health problems that may result from your reliance on the Care service.

    We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your Care Membership will take effect following notice to you.

  5. Termination

    By you:

    You may terminate your Care Membership and cancel your Subscription Plan at any time by sending an email to caresupport@getfindster.com.
    If you terminate your Subscription, you may use your Membership until the end of the then-current period but will not be renewed after that period expires.

    At certain conditions, Findster may provide a refund, discount, or other credits to some users. The amount and form of such refunds and the decision to provide them are at Findster sole and absolute discretion. The provision of those refunds in one instance does not entitle you to be refunded in the future for similar instances, nor does it obligate us to provide refunds in the future.

    By us:

    Subject to any applicable refund policies, we reserve the right to suspend or terminate your access to certain aspects or all of the Care Membership, or to terminate these Care Membership Terms, at any time and in our sole discretion, without notice or liability to you thereof: (1) in order to comply with applicable laws, (2) if you provide any information that Findster determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Findster determines, in its sole discretion, that you are using your subscription in a manner not permitted by these Terms, or (4) in other circumstances, as Findster deems appropriate in its sole discretion.

  6. Amendments

    Findster reserves the right to amend the Care Membership Terms of Service without notice and with immediate effect.

Last Updated: June 15, 2020