Terms & Conditions

This policy is a first draft based on standard e-commerce templates and has not yet been reviewed by counsel.

Overview

This website and the Tobi membership app are operated by Tobi. Throughout the site, the terms “we”, “us” and “our” refer to Tobi. Tobi offers this website and the Tobi service, including all information, tools, products and services available here, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, buying a Tobi collar or using the Tobi app, you engage in our “Service” and agree to be bound by these Terms of Service, including the additional terms and policies referenced herein. These Terms apply to all users of the site, including browsers, customers, members and contributors of content.

Please read these Terms carefully before using our site. If you do not agree to all the terms of this agreement, you may not access the website or use any services.

Online store terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependants to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including copyright laws). You must not transmit any worms, viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your Services.

General conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

This site may contain certain historical information, which is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

Modifications to the service and prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Products or services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns policy below.

We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction, and to limit the quantities of any products or services that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion.

Membership and subscription

Some Tobi features — live location, location history, safe-zone alerts and activity tracking — require an active Tobi membership, which is a recurring subscription.

  • By starting a membership you authorise us to charge the plan fee shown at checkout, plus applicable taxes, to your payment method on a recurring basis until you cancel.
  • Your membership renews automatically at the end of each billing period at the then-current rate. We will tell you in advance of any price change affecting your renewal.
  • You may cancel at any time from your account or by contacting us at hello@tobi.com. Cancellation takes effect at the end of the current billing period, and you keep access to membership features until then. Unless required by law, fees already paid are not refunded on a pro-rata basis.
  • Your collar keeps working as a collar. The hardware you bought is yours. If your membership lapses or you cancel, the collar remains a functioning collar and we will not disable the device; what ends is access to the connected membership features listed above.
  • Membership features depend on cellular coverage and on the collar being charged and correctly fitted. Membership is not a guarantee of uninterrupted service.

Returns and refunds

We offer free returns within 30 days of delivery. If Tobi is not right for you, contact us at hello@tobi.com within 30 days of receiving your order and we will send you a prepaid return label and refund your purchase price to the original payment method once the return arrives.

Returned items should include the collar and its charger, and be in a condition that reflects normal trial use. Returning a collar does not automatically cancel a membership — cancel it separately as described above. This policy is in addition to, and does not limit, any statutory rights you have under consumer law.

Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email or billing address or phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information, including your email address and payment card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Third-party links

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

Please review carefully the third party’s policies and practices before you enter into any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

You agree that your comments will not violate any right of any third party, and will not contain libellous or otherwise unlawful, abusive or obscene material. You are solely responsible for any comments you make and their accuracy.

Personal information

Your submission of personal information through the store is governed by our Privacy Policy, which explains what we collect — including your dog’s location, activity and safe-zone data — how we use it, and who we share it with.

Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Prohibited uses

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content:

  • for any unlawful purpose, or to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate;
  • to submit false or misleading information, or to upload or transmit viruses or any other type of malicious code;
  • to collect or track the personal information of others, to spam, phish, pharm, pretext, spider, crawl or scrape;
  • to interfere with or circumvent the security features of the Service;
  • to track a person, or to attach a collar to a person, or to monitor the location of any individual without their knowledge and consent. Tobi is for tracking an animal you own or are responsible for.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

Tobi is a tool, not a guarantee. Location reporting depends on cellular coverage, satellite reception, battery level and how the collar is fitted, and none of these is within our control. Tobi is designed to help you find your dog; it is not a promise that a dog will be found, and it is not a substitute for supervision, secure fencing or identification tags. Activity and rest features are for general wellness information only and do not diagnose, treat or prevent any condition; they are not veterinary advice.

The Service and all products delivered to you are, except as expressly stated by us, provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.

In no case shall Tobi, our directors, officers, employees, affiliates, agents, contractors, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind arising from your use of any of the Service or any products procured using the Service. Where jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms limits your statutory consumer rights.

Indemnification

You agree to indemnify, defend and hold harmless Tobi and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law provisions, and the courts of [State/Country] shall have exclusive jurisdiction over any dispute — except where mandatory consumer law gives you the right to bring proceedings in your place of residence.

Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

Contact information

Questions about the Terms of Service should be sent to us at hello@tobi.com, or by post to [Tobi Inc., address].

Frequently Asked Questions


How does charging work?

A mat goes under her bed. When she sleeps on it, the collar charges through the fabric. Nothing to plug into the collar, ever.


Is there a subscription?

There's a membership. It runs the map, the alerts, and the app — $9.99 a month, or less by the year. Cancel anytime; the collar keeps working as a collar.


She already has a chip. Isn't she covered?

A chip tells a scanner who she is, if someone scans it. It was never built to tell you where she is. Tobi is.


What about an AirTag?

An AirTag tells you where she was, the last time a stranger's phone happened to walk past. Tobi shows you where she is now.


What happens when I'm away from home?

Near you, your phone reads the collar directly. Away, the collar reports on its own over cellular, and the app shows her latest position.


What if someone picks her up?

A tag can be taken off, and a chip only helps if someone chooses to scan it. Tobi shows you where the collar is, not just who she belongs to.


What sizes does it come in?

Three. Small 10–16", Medium 16–24", Large 24–30". Measure snug at the neck, where a collar sits.


Does it work without cell service?

It needs a cellular signal to send her location to your phone. Up close, your phone reads the collar directly, signal or not.


Is it waterproof?

Rain, mud, and a swim.


Does it diagnose anything?

No. Tobi notices changes in activity and rest and shows them to you. Your vet decides what they mean.


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