TERMS OF SERVICE

Effective Date: January 15, 2025 Last Updated: January 15, 2025

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Manuel Echavarria, operating as BPetit ("BPetit," "we," "us," or "our"), concerning your access to and use of the BPetit application and related services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must not access or use the Service.

Age Requirement: You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old. We do not knowingly collect information from or direct any of our content specifically to persons under 18 years of age.

2. CHANGES TO TERMS

We reserve the right to modify these Terms at any time at our sole discretion. We will notify you of material changes by:

Posting the updated Terms on the Service with a new "Last Updated" date
Sending an email notification to your registered email address (for material changes)
Displaying a prominent notice within the Service

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service immediately.

We encourage you to review these Terms periodically to stay informed of updates.

3. SERVICE DESCRIPTION

3.1 Overview

BPetit is a comprehensive pet care management platform that enables users to:

Create and manage profiles for their pets
Track pet health records, including medications, vaccinations, veterinary visits, weight history, and medical conditions
Store and organize pet-related documents and photographs
Access AI-powered veterinary information and guidance ("AI Vet Chat")
Enable emergency contact features for lost pets
Participate in a community forum for pet owners
Receive automated reminders for medications, appointments, and vaccinations
Access educational content about pet care

3.2 Service Availability

The Service is provided "as-is" and "as available." We strive to provide continuous, uninterrupted access to the Service, but we do not guarantee that the Service will be available at all times or free from interruptions, delays, or errors.

We reserve the right to:

Modify, suspend, or discontinue any aspect of the Service at any time
Impose limits on certain features or restrict access to parts or all of the Service
Change the Service's features, functionality, or content without prior notice

3.3 Geographic Availability

The Service is operated from Malaysia and is intended for users worldwide. However, we make no representation that the Service is appropriate or available for use in all locations. Users who access the Service from jurisdictions where its content is illegal or prohibited are responsible for compliance with local laws.

4. USER ACCOUNTS AND REGISTRATION

4.1 Account Creation

To access certain features of the Service, you must create an account. When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security and confidentiality of your account credentials
Notify us immediately of any unauthorized access or security breach
Accept responsibility for all activities that occur under your account

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your password and account. You agree to:

Use a strong, unique password
Not share your account credentials with any third party
Not allow any other person to use your account
Notify us immediately at bpetit.contact@gmail.com if you suspect unauthorized access

WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO MAINTAIN ACCOUNT SECURITY.

4.3 Account Accuracy

You represent and warrant that:

All information provided during registration and at all other times is true, accurate, current, and complete
You will maintain and update this information to keep it accurate and current
You have the legal capacity and authority to enter into these Terms

4.4 Account Suspension and Termination

Our Rights: We reserve the right, in our sole discretion, to:

Suspend or terminate your account immediately without prior notice or liability
Refuse service to anyone for any reason at any time
Remove or edit content you have submitted

Grounds for termination include, but are not limited to:

Violation of these Terms or any applicable law
Fraudulent, abusive, or illegal activity
Provision of false or misleading information
Behavior that we deem harmful to other users, third parties, or the Service
Extended periods of inactivity

Your Rights: You may terminate your account at any time by:

Using the account deletion feature in your account settings
Contacting us at bpetit.contact@gmail.com with a deletion request

Effect of Termination:

Your right to access and use the Service will immediately cease
We will delete your personal data in accordance with our Privacy Policy
Certain provisions of these Terms will survive termination (see Section 18)

5. PROHIBITED USES AND USER CONDUCT

5.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

Legal Violations:

In any way that violates any applicable national, federal, state, local, or international law or regulation
To engage in any conduct that is fraudulent, false, misleading, or deceptive

Harmful Activities:

To transmit any material that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
To impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
To transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation

Technical Violations:

To interfere with or disrupt the Service, servers, or networks connected to the Service
To use any robot, spider, scraper, or other automated means to access the Service
To introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material
To attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks
To circumvent, disable, or interfere with security-related features of the Service

Intellectual Property Violations:

To infringe upon the intellectual property rights of others
To upload, post, or transmit any content that you do not have the right to make available

Medical/Professional Advice:

To provide medical, veterinary, or professional advice to other users
To use information obtained from the Service to diagnose, treat, or prescribe for any pet without proper veterinary licensure
To hold yourself out as a veterinary professional if you are not licensed

Misuse of Features:

To abuse the lost pet emergency contact feature for purposes other than reuniting lost pets with owners
To submit false reports or complaints about other users or content
To manipulate community features (likes, comments, posts) through artificial means

5.2 Community Guidelines

When participating in community features (forums, comments, posts), you additionally agree to:

Treat other users with respect and courtesy
Not post personal information about yourself or others (addresses, phone numbers, email addresses)
Not post content that is off-topic, spam, or purely commercial
Not engage in harassment, bullying, or targeted attacks against any individual or group
Respect intellectual property rights and properly attribute sources
Report violations of these guidelines to us promptly

Medical Advice Prohibition: Do not provide medical or veterinary advice to other users. Sharing personal experiences is acceptable, but you may not diagnose conditions, recommend treatments, or discourage professional veterinary care.

5.3 Consequences of Violations

Violations of these prohibited uses may result in:

Warning notices
Temporary suspension of account or features
Permanent termination of your account
Removal of content
Legal action, including but not limited to criminal prosecution and civil claims for damages
Reporting to law enforcement authorities

We reserve the right to investigate suspected violations and cooperate with law enforcement authorities in prosecuting users who violate the law.

6. USER-GENERATED CONTENT

6.1 Content You Provide

The Service allows you to upload, submit, store, send, or receive content, including but not limited to:

Pet photographs and profile information
Medical records and health information
Veterinary documents and reports
Community posts and comments
Messages and communications
User profile information

(Collectively, "User Content")

6.2 Ownership of User Content

You retain all ownership rights to your User Content. We do not claim ownership of any User Content you submit through the Service.

6.3 License Grant to BPetit

By submitting User Content to the Service, you grant BPetit a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to:

Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content
Use your User Content in connection with operating, providing, promoting, and improving the Service

Scope of License:

This license exists only for the purpose of operating and providing the Service
This license ends when you delete your User Content or account, except as needed for backup/archival purposes (up to 90 days) or as required by law
For publicly posted content (community posts), the license continues for content that has been shared, distributed, or republished by other users or third parties

6.4 Public vs. Private Content

Private Content:

Pet health records, medications, vet visits, documents: Private by default, accessible only to you
AI chat conversations: Private, stored for your reference only
Account information: Private, subject to your privacy settings

Public Content:

Community forum posts and comments: Public and visible to all users (including non-registered visitors in read-only mode)
Lost pet emergency information: Public only when you explicitly enable the "Lost Pet" feature
User profile information: Controlled by your privacy settings

You are responsible for understanding the privacy settings and consequences of posting public content.

6.5 Content Representations and Warranties

By submitting User Content, you represent and warrant that:

You own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use the User Content
Your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity
Your User Content does not contain any defamatory, libelous, obscene, or otherwise illegal material
Your User Content does not contain any viruses or malicious code

6.6 Content Monitoring and Removal

We do not pre-screen User Content, but we reserve the right (but not the obligation) to:

Monitor, review, and moderate User Content
Remove or refuse to post any User Content for any reason
Disclose User Content to law enforcement or as required by law
Take action against users who violate these Terms

We are not responsible for User Content submitted by users. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein.

6.7 Reporting Inappropriate Content

If you believe any User Content violates these Terms or applicable law, please report it to us at:

Email: bpetit.contact@gmail.com
In-app: Use the "Report" feature available on posts and comments

Include:

Your contact information
Description of the content and why it violates Terms
Location/URL of the content
Any supporting documentation

We will investigate reports and take appropriate action but are not obligated to respond to every report or remove reported content.

6.8 Copyright Infringement (DMCA)

We respect intellectual property rights. If you believe any content on the Service infringes your copyright, please submit a DMCA notice to bpetit.contact@gmail.com with:

Your physical or electronic signature
Identification of the copyrighted work claimed to have been infringed
Identification of the allegedly infringing material and its location
Your contact information (address, telephone, email)
A statement that you have a good faith belief that the use is not authorized
A statement of accuracy and that you are authorized to act on behalf of the copyright owner

Counter-Notification: If your content was removed due to a DMCA notice and you believe it was removed in error, you may submit a counter-notification to the same email address.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Our Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by BPetit, its licensors, or other providers of such material and are protected by:

Copyright laws
Trademark laws
Patent laws
Trade secret laws
Other intellectual property and proprietary rights laws

7.2 Trademarks

"BPetit," "PetitApp," "PetitPal," and all related names, logos, product and service names, designs, and slogans are trademarks of Manuel Echavarria or his licensors. You may not use such marks without prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

7.3 Restrictions on Use

You may not:

Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Service, except:
- Your own User Content, which you may download for personal, non-commercial use
- Temporary copies stored automatically by your web browser for display purposes
- Reasonable quantities of copies for personal, non-commercial use, where explicitly permitted
Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
Access or use the Service for any commercial purpose without our express written consent
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service
Frame or link to the Service without permission
Use any data mining, robots, or similar data gathering or extraction methods

7.4 Feedback

If you provide us with any feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use that Feedback for any purpose without compensation or attribution to you.

8. THIRD-PARTY SERVICES AND LINKS

8.1 Third-Party Service Providers

The Service integrates with and relies on third-party service providers, including but not limited to:

Cloudinary - Image and document storage
MongoDB Atlas - Database hosting
Brevo (Sendinblue) - Email delivery service
Anthropic/OpenAI - AI-powered chat functionality

Your use of the Service involves the transmission and storage of your data with these third-party providers. Please review their respective terms of service and privacy policies:

Cloudinary: https://cloudinary.com/tos
MongoDB: https://www.mongodb.com/legal/terms-of-use
Brevo: https://www.brevo.com/legal/termsofuse/
Anthropic: https://www.anthropic.com/legal/consumer-terms
OpenAI: https://openai.com/policies/terms-of-use

We are not responsible for the practices, policies, or conduct of third-party service providers.

8.2 Third-Party Links

The Service may contain links to third-party websites, applications, or resources. These links are provided for your convenience only. We:

Do not control or endorse such third-party resources
Are not responsible for their content, privacy practices, or terms
Do not make any representations regarding their quality, accuracy, or reliability

Your use of third-party websites and resources is at your own risk and subject to their terms and conditions.

8.3 No Endorsement

The inclusion of any link does not imply endorsement by BPetit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

9. AI VET CHAT - CRITICAL DISCLAIMERS

9.1 Not Professional Veterinary Advice

IMPORTANT - PLEASE READ CAREFULLY:

The AI Vet Chat feature powered by artificial intelligence ("AI Chat") is provided for informational and educational purposes only. The AI Chat:

IS NOT a substitute for professional veterinary care, diagnosis, or treatment
DOES NOT create a veterinarian-client-patient relationship
DOES NOT provide medical advice, diagnoses, or treatment recommendations
SHOULD NOT be relied upon for emergency situations or urgent medical conditions

9.2 No Professional Relationship

Using the AI Chat does not establish a veterinarian-client-patient relationship between you and BPetit or any veterinarian. The AI Chat is a general information tool that:

Provides general information about pet care and wellness
Answers questions based on publicly available information
May help you formulate questions to ask your licensed veterinarian

9.3 AI Limitations and Errors

The AI Chat may make errors, provide incomplete information, or misunderstand your questions. AI technology, while advanced, is not infallible and:

May not have access to your pet's complete medical history
Cannot perform physical examinations
Cannot order diagnostic tests or interpret results
May provide outdated or incorrect information
Cannot understand nuanced or complex medical situations
May misinterpret your descriptions or questions

9.4 Always Consult a Licensed Veterinarian

You should always consult with a licensed veterinarian:

Before making any decisions about your pet's health or care
For any concerns about your pet's health or behavior
Before starting, stopping, or changing any medications or treatments
For all medical emergencies or urgent conditions

EMERGENCY SITUATIONS: If your pet is experiencing a medical emergency (difficulty breathing, severe bleeding, trauma, suspected poisoning, seizures, inability to walk, severe pain, etc.), DO NOT use the AI Chat. Contact your veterinarian or emergency veterinary clinic immediately.

9.5 Your Responsibility

You are solely responsible for:

Any decisions you make regarding your pet's care
Consulting with qualified veterinary professionals
Verifying any information provided by the AI Chat
Understanding that the AI Chat is not a diagnostic tool

9.6 Data Processing

When you use the AI Chat:

Your messages and conversation history are sent to third-party AI providers (Anthropic or OpenAI)
Conversations are stored to provide service continuity
AI providers may use conversations to improve their services (subject to their terms)
See our Privacy Policy for complete details

By using the AI Chat, you acknowledge that you have read, understood, and agree to these disclaimers and limitations.

10. HEALTH RECORDS AND MEDICATION TRACKING - DISCLAIMERS

10.1 Record-Keeping Tool Only

The health record, medication tracking, vaccination scheduling, and reminder features are record-keeping and organizational tools only. These features:

Do not provide medical advice or recommendations
Do not diagnose conditions or suggest treatments
Do not replace professional veterinary judgment
Are only as accurate as the information you provide

10.2 Your Responsibility for Accuracy

You are solely responsible for:

Ensuring all information entered is accurate and up-to-date
Following your veterinarian's instructions precisely
Administering medications as prescribed by your veterinarian
Monitoring your pet's response to treatments
Seeking veterinary care when needed

10.3 Reminder Limitations

Medication and appointment reminders are provided as a convenience only. We:

Do not guarantee timely delivery of reminders
Are not responsible for technical failures that prevent reminder delivery
Are not liable if you miss a dose or appointment due to reminder failure
Recommend you maintain your own backup reminder system

YOU ARE ULTIMATELY RESPONSIBLE FOR YOUR PET'S MEDICATION SCHEDULE AND VETERINARY APPOINTMENTS.

10.4 Not a Medical Device

The Service is not a medical device and is not regulated as such. It has not been:

Evaluated by the FDA or any regulatory authority
Clinically tested or validated
Designed to diagnose, treat, cure, or prevent any disease or condition

10.5 Emergency Information Feature

The lost pet emergency information feature makes certain pet health information publicly accessible when enabled. This feature:

Is intended only to assist in reuniting lost pets with owners
Should not be used as a substitute for proper pet identification (microchips, tags)
Makes sensitive health information public - enable only if you understand and accept this risk
You can disable at any time

11. LOST PET FEATURE - TERMS AND DISCLAIMERS

11.1 Feature Description

The lost pet feature allows you to:

Enable public access to your pet's emergency information via microchip ID
Display critical health information (allergies, medications, conditions) to finders
Receive contact from people who may have found your pet

11.2 Public Disclosure of Information

IMPORTANT: When you enable the lost pet feature:

Your pet's health information becomes publicly accessible to anyone with the microchip ID
This includes: name, photo, allergies, medical conditions, current medications, blood type, emergency vet information
Your personal contact information is NOT displayed publicly
Finders can submit their contact information to reach you

11.3 Explicit Consent Required

By enabling the lost pet feature, you:

Explicitly consent to making your pet's health information public
Understand that this information may be viewed, copied, or shared by third parties
Accept the privacy risks associated with public disclosure
Acknowledge that you can disable this feature at any time

11.4 No Guarantee of Service

We do not guarantee that:

The lost pet feature will result in your pet being found
Finders will use the feature or contact you
The feature will be available at all times
Information will be accurate if you haven't updated it

11.5 Third-Party Contact

When someone uses the lost pet feature to contact you:

You will receive their name, phone number, email, and message
You are responsible for verifying the legitimacy of the contact
We are not responsible for fraudulent contacts or misuse of the feature
Exercise caution when meeting strangers regarding your lost pet

11.6 Limitation of Liability

We are not liable for:

Failure to reunite you with your lost pet
Misuse of the lost pet feature by third parties
Privacy breaches resulting from your enabling the feature
Inaccurate information displayed due to your failure to update records

12. PRIVACY AND DATA PROTECTION

12.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy explains:

What personal information we collect
How we use and protect your information
Your rights regarding your personal data
How to exercise those rights

Please review our Privacy Policy at [https://bpetit.app/privacy-policy] before using the Service.

12.2 Your Consent

By using the Service, you:

Consent to the collection, use, and disclosure of your information as described in our Privacy Policy
Understand that your information may be transferred to and processed in countries outside your country of residence
Acknowledge that different data protection laws may apply in those countries

12.3 Data Security

While we implement reasonable security measures to protect your information, we cannot guarantee absolute security. You acknowledge that:

Internet transmission is never completely secure
We cannot guarantee the security of data transmitted to or through the Service
Any transmission of data is at your own risk

12.4 Account Deletion and Data Retention

You may delete your account at any time through your account settings. Upon deletion:

Your personal data will be permanently deleted within 30 days
Certain data may be retained for legal, accounting, or technical purposes (see Privacy Policy)
Publicly posted content (community posts) may remain visible if shared or republished by others
Backup copies may be retained for up to 90 days

13. PAYMENT TERMS (FUTURE IMPLEMENTATION)

13.1 Current Status

The Service is currently provided free of charge. However, we reserve the right to introduce paid features, subscriptions, or purchases in the future.

13.2 Future Paid Services

If we introduce paid services, we will:

Provide advance notice of pricing and terms
Offer clear descriptions of paid features
Provide payment options and billing terms
Allow you to opt-in to paid services

13.3 Price Changes

We reserve the right to modify pricing at any time. For existing paid subscriptions:

We will provide at least 30 days' notice of price increases
Changes will take effect at your next renewal period
You may cancel before the new price takes effect

13.4 Refunds

Refund policies will be specified when paid services are introduced. Generally:

Refunds are provided at our discretion
Certain services may be non-refundable
Refund requests must be submitted within specified timeframes

14. DISCLAIMERS AND LIMITATIONS OF LIABILITY

14.1 Service "AS IS" and "AS AVAILABLE"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permissible under applicable law, BPetit disclaims all warranties, express or implied, including but not limited to:

Implied warranties of merchantability
Fitness for a particular purpose
Non-infringement
Title
Accuracy, reliability, or completeness of content
Uninterrupted or error-free operation
Freedom from viruses or harmful components

14.2 No Warranty of Accuracy

We do not warrant that:

The Service will meet your requirements or expectations
The Service will be available at all times, uninterrupted, secure, or error-free
The results obtained from using the Service will be accurate or reliable
The quality of any information or service available through the Service will meet your expectations
Any errors in the Service will be corrected
User Content is accurate, reliable, or appropriate

14.3 Medical Disclaimer

WE ARE NOT A LICENSED VETERINARY SERVICE. We do not provide medical advice, diagnosis, or treatment. Any health-related information provided through the Service (including AI Chat) is for informational purposes only and should not replace consultation with a licensed veterinarian.

14.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

BPetit, its owners, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Loss of profits, revenue, or data
Loss of use or business interruption
Cost of substitute services
Damage to or loss of pets
Emotional distress
Any other intangible losses

Resulting from:

Your use or inability to use the Service
Any unauthorized access to or use of our servers and/or any personal information stored therein
Any interruption or cessation of transmission to or from the Service
Any bugs, viruses, or other harmful code transmitted to or through the Service
Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Service
User Content or the defamatory, offensive, or illegal conduct of any third party
Your reliance on content provided through the Service (including AI-generated content)
Any medical advice, diagnosis, or treatment (or lack thereof) related to your pet

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.5 Cap on Liability

IN NO EVENT SHALL BPETIT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED:

The amount you have paid to BPetit in the twelve (12) months prior to the claim, or
$100 USD, whichever is greater

14.6 Essential Purpose

You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers of warranty and limitations of liability set forth herein, and that the same form an essential basis of the bargain between you and us.

14.7 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are a consumer in the European Union, the limitations in this section do not apply to liability for death or personal injury caused by our negligence or intentional misconduct.

15. INDEMNIFICATION

15.1 Your Indemnification Obligation

You agree to defend, indemnify, and hold harmless BPetit, Manuel Echavarria, and our respective officers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your violation of these Terms or any applicable law or regulation
Your violation of any rights of any third party, including intellectual property rights or privacy rights
Your User Content, including any claims that your User Content infringes or violates any third party's rights
Your use or misuse of the Service
Your negligence or willful misconduct
Any medical advice, diagnosis, or treatment you provide to other users through the Service
Your use of information obtained from the Service to make decisions regarding your pet's health
Any false, misleading, or fraudulent information you provide

15.2 Procedure

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses. You may not settle any claim without our prior written consent.

15.3 Survival

This indemnification obligation will survive the termination of these Terms and your use of the Service.

16. DISPUTE RESOLUTION

16.1 Governing Law

These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Spain, without giving effect to any choice or conflict of law provision or rule.

For EU Residents: Nothing in these Terms affects your rights as a consumer under mandatory provisions of the law of the country in which you reside.

16.2 Informal Dispute Resolution

Before filing a formal dispute, we strongly encourage you to contact us first to seek informal resolution:

Email: bpetit.contact@gmail.com
Provide: Your name, contact information, description of the dispute, and desired resolution
We will attempt to resolve the dispute informally within 30 days

16.3 Jurisdiction and Venue

For Non-EU Residents: Subject to the arbitration provisions below (if applicable), any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Madrid, Spain, and you irrevocably consent to the personal jurisdiction and venue therein.

For EU Residents: If you are a consumer resident in the EU, you may bring proceedings in either:

The courts of Spain, or
The courts of the EU country in which you reside

We may only bring proceedings against you in the courts of the EU country in which you reside.

16.4 Arbitration (Optional - Apply to Non-EU Residents Only)

FOR USERS OUTSIDE THE EUROPEAN UNION, UNITED KINGDOM, AND CALIFORNIA:

Optional Arbitration Agreement: You and BPetit agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service (collectively, "Disputes") will be settled by binding arbitration, except that:

Either party may seek injunctive or other equitable relief in court for intellectual property infringement or unauthorized use of the Service
Either party may bring an action in small claims court

Arbitration Rules:

Arbitration will be conducted by the International Chamber of Commerce (ICC)
Conducted in English
Location: Madrid, Spain (or remotely)
One arbitrator
Governed by ICC Arbitration Rules

Arbitration Costs:

Each party pays their own costs and fees
The arbitrator may award costs to the prevailing party

No Class Actions:

Disputes will be resolved on an individual basis only
You waive the right to participate in class actions or class arbitrations
The arbitrator may not consolidate claims or preside over any form of representative proceeding

Opt-Out Right: You have the right to opt out of this arbitration agreement by sending written notice to bpetit.contact@gmail.com within 30 days of first accepting these Terms. The notice must include your name, email, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all other provisions of these Terms remain in force.

16.5 California Residents

For users residing in California:

You may have disputes resolved by a neutral party
In accordance with California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
- The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210

16.6 European Union Residents - Online Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform at: https://ec.europa.eu/consumers/odr/

While we are not obligated to participate in ODR procedures, you may use this platform to submit complaints about our Service.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and BPetit concerning the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.

17.2 Waiver and Severability

Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.

17.3 Assignment

You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. Any attempted assignment or transfer in violation of this provision shall be null and void.

We may freely assign or transfer these Terms and our rights and obligations hereunder to any third party without restriction and without notice to you. These Terms will bind and inure to the benefit of each party's permitted successors and assigns.

17.4 Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms if such failure or delay is due to causes beyond our reasonable control, including but not limited to:

Acts of God (natural disasters, pandemics, epidemics)
War, terrorism, civil unrest
Government actions or regulations
Internet service provider failures or delays
Hacker attacks or cyber security breaches
Utility failures
Labor disputes

17.5 Notices

To You: We may provide notices to you via:

Email to the address you provided during registration
Posting on the Service
In-app notifications
Any other method permitted by law

You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

To Us: Notices to us must be sent to:

Email: bpetit.contact@gmail.com
Postal Address: Jalan Medang Serai, Kuala Lumpur, Malaysia

17.6 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and BPetit. Third-party service providers referenced in these Terms are not parties to these Terms and have no rights or obligations under these Terms.

17.7 Relationship of the Parties

You and BPetit are independent contractors. These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship. You have no authority to bind BPetit or make commitments on our behalf.

17.8 Headings

The headings in these Terms are for reference purposes only and do not limit the scope or extent of any section.

17.9 Interpretation

In these Terms:

"Including" means "including but not limited to"
The singular includes the plural and vice versa
References to "or" are not exclusive (meaning "and/or")

17.10 Language

These Terms are prepared in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail (except where prohibited by law).

17.11 Survival

The following provisions shall survive termination of these Terms: Sections 6 (User Content - regarding licenses), 7 (Intellectual Property), 9-11 (Disclaimers), 14 (Limitations of Liability), 15 (Indemnification), 16 (Dispute Resolution), and 17 (General Provisions).

17.12 Electronic Signatures

You consent to be legally bound by these Terms through electronic acceptance (clicking "I Agree" or similar mechanism). You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws requiring an original signature or delivery or retention of non-electronic records.

18. TERMINATION

18.1 Termination by You

You may terminate your account and discontinue use of the Service at any time by:

Using the account deletion feature in your account settings, or
Sending a termination request to bpetit.contact@gmail.com

Upon your request, we will:

Deactivate your account immediately
Delete your personal data in accordance with our Privacy Policy (within 30 days)
Cease sending you communications (except as required by law)

18.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

Breach of these Terms
Your request for account deletion
Discontinuation or material modification of the Service
Unexpected technical issues or problems
Extended periods of inactivity
Engagement in fraudulent or illegal activities
At our sole discretion

18.3 Effect of Termination

Upon termination:

All licenses and rights granted to you in these Terms will immediately cease
You must immediately cease all use of the Service
We will delete your data in accordance with our Privacy Policy
Certain provisions will survive termination (see Section 17.11)

You remain liable for:

All obligations incurred prior to termination
Any indemnification obligations
Any amounts owed to us

18.4 No Refunds

Unless otherwise required by law, termination does not entitle you to any refunds of fees paid (if applicable in the future).

19. ACCESSIBILITY

We are committed to making the Service accessible to all users. If you have difficulty accessing any part of the Service due to a disability, please contact us at bpetit.contact@gmail.com, and we will work with you to provide the information, item, or transaction you seek through an alternate communication method or one that is accessible for you.

20. CONTACT INFORMATION

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us:

Email: bpetit.contact@gmail.com Website: https://bpetit.app Postal Address: Jalan Medang Serai, Kuala Lumpur, Malaysia

For Privacy-Related Inquiries: bpetit.contact@gmail.com For Technical Support: bpetit.contact@gmail.com

21. ACKNOWLEDGMENT

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.