Terms of service

Welcome to Barkly! 

Please continue reading to understand the rules and restrictions that govern your use of our website(s), products, services, and applications (collectively referred to as the “Services”). This includes, but is not limited to, any requests for information about or purchases of products available through our website(s) (each referred to as a “Product”). Your purchase of any Products will also be subject to any additional terms we provide to you during the sales process. If you have questions, comments, or concerns about these terms or the Services, please reach out to us at:

  • Email: support@mybarkly.com

These Terms of Use (the “Terms”) create a binding agreement between you and BARKLY INC. (“Barkly,” “we,” or “us”). Your engagement with the Services in any capacity signifies your acceptance of these Terms, which will remain in effect while you utilize the Services. These Terms encompass the provisions within this document, as well as those in the Privacy Policy and any other associated sales terms agreed upon between you and us for the purchase of Products. Certain Services you use or engage with may also have additional policies, rules, and/or conditions (“Additional Terms”) that are incorporated by reference. By using or participating in these Services, you agree to adhere to these Additional Terms as well.

We ask that you read these Terms thoroughly, as they contain vital information regarding the Services offered to you, including any charges, taxes, and fees you may incur. The Terms also address potential changes to the Terms, automatic renewals, liability limitations, a class action waiver, and the resolution of disputes through arbitration rather than in court. PLEASE BE AWARE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE GOVERNED BY THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY WAY.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR SPECIFIC TYPES OF DISPUTES OUTLINED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU CONSENT TO RESOLVING DISPUTES BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms change? We continually strive to enhance our Products and Services, which may necessitate changes to these Terms. We reserve the right to modify the Terms at any time. If changes occur, we will notify you by placing an announcement on our site at www.mybarkly.com, sending an email, or using other methods of communication.

If you disagree with the new Terms, you have the option to decline them, but please note that this means you will no longer be able to utilize the Services. Continuing to use the Services after a change to the Terms indicates your acceptance of those changes.

Aside from changes we make as described herein, no other amendments or modifications to these Terms will be valid unless documented in writing and signed by both you and us.

Privacy Barkly is committed to protecting the privacy of its users. For the current Barkly Privacy Policy, please refer to the privacy policy located at www.mybarkly.com.

Children’s Online Privacy Protection Act The Children’s Online Privacy Protection Act (“COPPA”) mandates that online service providers obtain parental consent before collecting personally identifiable information from children under the age of thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13) without obtaining verifiable consent from a parent or guardian (“Parental Consent”), except for the minimal amount of information necessary to obtain such consent (“Required Information”). Until we have received Parental Consent, we will only use the Required Information to obtain that consent. If you are a child under thirteen (13), please do not register for or use the Services or send any personal information to us until we have obtained Parental Consent, except for the Required Information necessary for that process. If we discover that we have collected personal information from a child under thirteen (13), we will delete that information promptly. If you suspect that a child under thirteen (13) may have provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at support@mybarkly.com

Basics of using Barkly You may need to create an account, select a password, and a user name (“Barkly User ID”), and provide us with certain details, such as your contact information. You agree to supply accurate, complete, and current registration information. You must not choose a Barkly User ID that you are not entitled to use or impersonate someone else. Transferring your account to anyone else without our prior written consent is prohibited.

You affirm that you are of legal age to form a binding contract, or if not, you have received permission from your parent or guardian to use the Services, and they have agreed to these Terms on your behalf.

You will only utilize the Services and Products for your personal, non-commercial use and not for any third party’s benefit, and you agree to comply with all applicable laws. If your use of the Services or Products is restricted by applicable laws, then you are not authorized to use them. We cannot be held responsible for any illegal use of the Services or Products.

You are responsible for keeping your Barkly User ID, account, password, and any other access credentials secure, and you must not share them with anyone. You are accountable for all activities associated with your Barkly User ID and account.

Restrictions in how I can use the Services You agree that you will not provide or contribute anything, including any Content or User Submission (as defined below), to the Services or interact with the Services in a manner that:

  • Infringes or violates the intellectual property rights or other rights of any party, including Barkly;

  • Violates any laws or regulations, including export control laws, privacy laws, or any unintended purposes;

  • Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or objectionable;

  • Compromises the security of your Barkly User ID, account, or anyone else’s (such as enabling another person to log in as you);

  • Attempts to obtain passwords, accounts, or security information from other users;

  • Compromises the security of any computer network or breaks passwords or security codes;

  • Runs Maillist, Listserv, any auto-responder, “spam,” or any processes that interfere with the Services’ proper functioning;

  • Crawls, scrapes, or spiders any part of the Services or Content, whether manually or automatically;

  • Copies or stores any significant portion of the Content; or

  • Decompiles, reverse engineers, or tries to obtain the source code or underlying information related to the Products or Services.

Violating any of these conditions may lead to termination of your right to use or access the Services.

Rights in the Services The materials displayed, performed, or available through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and User Submissions (collectively referred to as “Content”), are protected by copyright and other intellectual property laws. You agree to comply with all copyright notices, trademark rules, and restrictions related to any Content you access through the Services, and you will not use, copy, reproduce, modify, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or exploit any Content not owned by you without prior consent from the owner or in a way that infringes on anyone else’s rights, including Barkly's.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., download and display locally) the Content solely for the purpose of utilizing the Services. Any other use, reproduction, modification, distribution, or storage of any Content is strictly prohibited without our prior written permission. You acknowledge that Barkly owns the Services. You will not modify, publish, transmit, participate in the sale or transfer of, reproduce (except as allowed in this section), create derivative works from, or otherwise exploit any of the Services. Although the Services may allow copying or downloading certain Content, all restrictions in this section still apply.

User Submissions Any content you post, upload, share, store, or otherwise provide through the Services is considered your “User Submission.” Some User Submissions may be visible to other users. You are fully responsible for all User Submissions you contribute to the Services. You confirm that all User Submissions you submit are accurate, complete, current, and comply with all applicable laws, rules, and regulations.

You agree not to post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe on third-party copyrights or other rights (e.g., trademarks, privacy rights); (ii) contain sexually explicit material or pornography; (iii) are hateful, defamatory, or discriminatory or incite hatred against any individual or group; (iv) exploit minors; (v) depict illegal activities or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM), get-rich-quick schemes, online gambling, cash gifting, work-from-home businesses, or any dubious money-making ventures; or (viii) violate any laws.

Licenses

To display your User Submissions on our Services and allow other users to access them (when applicable), you grant us certain rights regarding those User Submissions (detailed below). Please note that all licenses outlined here are subject to our Privacy Policy concerning User Submissions that also contain personally identifiable information.

For all User Submissions, as well as any feedback, suggestions, improvements, enhancements, or feature requests you provide to us (whether through direct emails or other means), you grant Barkly a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license. This license allows us to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works from, display, perform, and otherwise fully exploit your User Submissions in connection with this site and our Services, including our successors and assigns. This usage includes improving the Services and promoting or redistributing all or part of this site or the Services (and derivative works) across any media formats and through any media channels (including, but not limited to, third-party websites and feeds), even after the termination of your account or our Services. Additionally, you grant every user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions via this site and/or the Services, allowing them to use, edit, modify, reproduce, distribute, prepare derivative works from, display, and perform those User Submissions, even after your account or the Services are terminated.

For clarity, these licenses we and our users receive do not affect your other ownership or licensing rights regarding your User Submissions, including your right to grant additional licenses unless otherwise agreed to in writing. You represent and warrant that you have the rights to grant these licenses to us without infringing or violating any third-party rights, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, contractual rights, or any other intellectual property or proprietary rights.

Finally, you acknowledge and agree that in order to provide our Services to users (including you), Barkly may need to make changes to your User Submissions to meet the technical requirements of networks, devices, services, or media. The licenses granted above include the rights to make such modifications.

Copyright Infringement Policy

In line with the Digital Millennium Copyright Act (DMCA), we have established the following policy regarding copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users, and (2) remove and terminate service to repeat offenders.

Contact Information

For more information, please contact Barkly at:

support@mybarkly.com

or:

Barkly Inc.
800 N. King St., STE 304
Wilmington, DE 19801

Barkly Changing of Services

We are continually working to improve our Products and Services, and as a result, they may change over time. We may suspend or discontinue any aspect of the Services, introduce new features, or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time for any reason (including, but not limited to, if someone claims you contributed that Content in violation of these Terms), at our sole discretion and without prior notice.

Are There Any Costs for the Services?

Products are offered at prices listed on our Products page, and you can choose to purchase Products via the www.mybarkly.com website. Barkly may limit or cancel the quantity of Products purchased and reserves the right to refuse any order. If any changes to an order are necessary, Barkly will attempt to notify you using the email address, billing address, or phone number provided at the time the order was made. Prices are quoted in U.S. currency and are valid only within the United States. Prices are subject to change at any time. Sales tax will be calculated based on the shipping address of your order and will automatically be added to your order. Barkly is legally required to apply sales tax to orders in certain states. Purchased Products will be shipped to the designated shipping address. More information regarding our shipping rates and return policy can be found on our Frequently Asked Questions page: FAQs. Any payment terms presented during the purchasing process are considered part of these Terms.

Please note that if you choose to receive text messages through the Services, data and message rates may apply. Any charges, fees, or costs incurred are your sole responsibility. We recommend checking with your wireless carrier regarding applicable rates, charges, fees, or costs associated with your use of the Services.

Billing

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”). The payment processing is governed by the terms, conditions, and privacy policies of the Payment Processor, in addition to these Terms. Currently, we utilize PayPal, Inc. (“PayPal”) and Shopify Payments (“Shopify”) as our Payment Processors. You can review PayPal’s User Agreement and Privacy Statement at PayPal Legal Hub and Shopify’s Terms of Service and Privacy Policy at Shopify Legal. We are not responsible for any errors or omissions made by the Payment Processor. By choosing to purchase Products, you agree to pay us, through the Payment Processor, all charges at the then-current prices for such Products in accordance with the applicable payment terms and authorize us, via the Payment Processor, to charge your selected payment provider (your “Payment Method”). You agree to make payments using that chosen Payment Method. We reserve the right to correct any errors or mistakes made by the Payment Processor, even if payment has already been requested or received.

Payment Method

The terms of your payment will depend on your chosen Payment Method and may be governed by agreements between you and the financial institution, credit card issuer, or other provider of your selected Payment Method. If we do not receive payment from you through the Payment Processor, you agree to pay all amounts due on your Billing Account upon demand.

What Else Should I Know?

Limited Warranty
Any product purchased from Barkly is guaranteed to be free from defects in materials and workmanship for a period of one (1) year from the date of purchase (“Warranty Period”). If the product fails to meet this Limited Warranty during the Warranty Period, Barkly will, at its sole discretion, either (a) repair or replace any defective product or component, or (b) accept the return of the product and refund the amount actually paid by the original purchaser. Repairs or replacements may be made with new or refurbished products or components, at Barkly's discretion. If the product or any component is no longer available, Barkly may replace it with a similar product of equivalent functionality.

This warranty is your sole and exclusive remedy for any breach of this Limited Warranty. Any product that has been repaired or replaced under this warranty will be covered for either (a) ninety (90) days from the date of delivery of the repaired or replaced product, or (b) the remaining Warranty Period, whichever is longer.

Before making a claim under this Limited Warranty, the product owner must (a) inform Barkly of the intention to claim by contacting us at support@mybarkly.com during the Warranty Period and providing a description of the alleged defect, and (b) follow Barkly's return shipping instructions. Barkly will have no warranty obligations for any returned product if it reasonably determines that the product is an Ineligible Product (as defined below).

This Limited Warranty does not cover the following (collectively referred to as “Ineligible Products”): products that have been subjected to (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with the Terms of Use or other instructions provided by Barkly; (c) abuse or misuse of the product; (d) events outside of Barkly's control, including breakdowns, fluctuations, or interruptions in electric power or telecommunications; or (e) Acts of God, such as lightning, floods, tornadoes, earthquakes, or hurricanes. This Limited Warranty does not apply to anything other than the products, including the Services, even if they are packaged or sold with the products. Barkly does not guarantee that the operation of the product will be uninterrupted or error-free.

This Limited Warranty grants you specific legal rights, and you may also have other rights that vary by state, province, or jurisdiction. Some limitations in this warranty may not apply in certain states. The terms of this Limited Warranty will be enforced to the fullest extent permitted by applicable law. For a complete description of your legal rights, please refer to the laws applicable in your jurisdiction, and consider consulting a relevant consumer advisory service.

Warranty Disclaimer
Except as explicitly stated above, Barkly and its licensors, suppliers, partners, parents, subsidiaries, affiliated entities, and each of their respective officers, directors, members, employees, consultants, representatives, agents, successors, and assigns (collectively, the “Barkly Parties”) make no representations or warranties regarding the Services, including but not limited to any content contained in or accessed through the Services or any products. The Barkly Parties are not responsible for the accuracy, copyright compliance, legality, or decency of materials contained in or accessed through the Services or for any claims, actions, suits, procedures, costs, expenses, damages, or liabilities arising from your use of or participation in the Services.

The Barkly Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services, including any Products. Except as explicitly stated above, products and services offered (regardless of whether you followed such recommendations) through the Services are provided “AS-IS” without any warranty from the Barkly Parties or others (unless expressly and clearly provided in writing by a designated third party for a specific product).

THE SERVICES AND CONTENT ARE PROVIDED BY BARKLY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

Safety Disclaimer
The Services are NOT A SUBSTITUTE FOR 911. In the event of a critical emergency, always call 911 immediately. Certain features of the Services are provided by third-party providers according to their own terms and conditions. BARKLY IS NOT LIABLE FOR THE ACTIONS OR INACTIONS OF ANY THIRD PARTY PROVIDER, ANY USER, 911 CENTER, EMERGENCY RESPONDER, MEDICAL ASSISTANCE PROVIDER, OR ANY OTHER THIRD-PARTY SERVICE PROVIDER. You expressly understand and agree that Barkly’s provision of the Services to you does not constitute Barkly’s endorsement, approval, credentialing, or recommendation of any kind regarding the third-party providers or the services they offer. Some jurisdictions do not allow the disclaimer of certain warranties, so these disclaimers may not apply to you.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE BARKLY PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, (C) ANY AMOUNT IN EXCESS OF THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE TOTAL AMOUNTS PAID AND/OR PAYABLE BY YOU TO BARKLY IN THE TWELVE (12) MONTHS PRIOR TO THE APPLICABLE CLAIM, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity
You agree to indemnify and hold harmless the Barkly Parties from any and all claims, liabilities, damages (both actual and consequential), losses, and expenses (including attorney’s fees) arising from or relating in any way to (a) your use of the Services (including actions taken by third parties using your account) and any products, and (b) your violation of these Terms.

Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations under them, or your account for the Services, in any way (by operation of law or otherwise) without Barkly's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.

Choice of Law
These Terms are governed by and will be construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to any conflict of law provisions.

Arbitration Agreement
Please read this ARBITRATION AGREEMENT carefully, as it requires you to arbitrate certain disputes and claims with Barkly and limits the ways you can seek relief from Barkly. Both you and Barkly acknowledge and agree that for any dispute arising out of or relating to these Terms, Barkly's officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms and have the right (and are deemed to have accepted the right) to enforce these Terms against you.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties will make every effort to resolve any dispute, claim, question, or disagreement arising out of or relating to these Terms through good-faith negotiations, which must occur before either party can initiate arbitration. If these negotiations do not resolve the dispute, it will be settled by binding arbitration in Alameda County, California. The arbitration will be conducted in English, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator will be selected from the appropriate list of JAMS arbitrators according to these Rules. Judgment on the award rendered by the arbitrator may be entered in any court with competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern the payment of all arbitration fees. Barkly will pay all arbitration fees for claims less than seventy-five thousand dollars ($75,000). Barkly will not seek its attorneys’ fees.

CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@mybarkly.com.
Our contact information is posted below:
Barkly Inc.
support@mybarkly.com
800 N King St. Suite 304 1235 Wilmington, DE. 19801