1. Ownership of Site; Agreement to Terms of Service

These Terms and Conditions of Service (the “Terms of Service”) apply to the CleverPet, Inc. d/b/a FluentPet ("CleverPet," "FluentPet," the "Company," "we," "us," or "our") website located at fluent.pet, the FluentPet Community at community.fluent.pet, the CleverPet website at clever.pet, the hackerpet websites at hackerpet.com and community.hackerpet.com, all CleverPet apps and mobile applications (including the FluentPet App), the FluentPet Connect device and associated hardware and firmware, and all associated social media and other sites linked to fluent.pet and clever.pet by CleverPet (dba FluentPet), its subsidiaries and affiliates, including CleverPet sites around the world (collectively, the “Site” or “Services”). The Site is the property of CleverPet Inc. dba FluentPet (“CleverPet”) and its licensors. BY USING THE SITE OR SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR SERVICES.

CleverPet reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. For material changes, we will provide at least 30 days’ notice by email to registered users, consistent with our Privacy Policy. As long as you comply with these Terms of Service, CleverPet grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

2. CleverPet Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to CleverPet, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without CleverPet’s express prior written consent.

You may use information on CleverPet products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by CleverPet for downloading from the Site, provided that you: (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to such documents.

3. User Generated Content

CleverPet allows you to post content, including photos, comments, links, and other materials to public areas of the Site, such as the FluentPet Community (“User Content”). You retain all rights in, and are solely responsible for, the User Content you post to our Site.

Device data is not User Content. Device data, button interaction records, telemetry, and other data generated by your FluentPet Connect device are not “User Content” for purposes of this section and are not subject to the license granted below. Such data is governed exclusively by Section 4 and our Privacy Policy at fluent.pet/privacy.

By contributing User Content to the Site you automatically grant to us an irrevocable and perpetual, non-exclusive, transferable, fully-paid, royalty-free, worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, and to license or permit others to do so. Nothing in these Terms of Service shall restrict other legal rights CleverPet may have to User Content. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms of Service or our policies. Following termination or deactivation of your account, or if you remove any User Content, we may retain your User Content consistent with our Privacy Policy retention schedule.

You represent and warrant to CleverPet that: (a) you are the sole owner, author and copyright owner of User Content you contribute, or have written permission from the owner to do so; (b) such User Content does not infringe upon any third-party rights; (c) such User Content complies with these Terms of Service and does not contain defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws or regulations; and (e) you have obtained any necessary consents for identifiable individuals depicted in your User Content.

Any feedback you provide to CleverPet shall be deemed non-confidential. CleverPet shall be free to use such information on an unrestricted basis.

4. FluentPet Connect Device

4.1 Device Data Collection. If you use a FluentPet Connect device (including Connect button hubs and associated hardware), CleverPet collects data generated by that device, including: button interaction records (which buttons are pressed, timestamps, press duration, sequences and patterns); device telemetry (device identifier, firmware version, connectivity status, error logs); session data (frequency and duration of interactions, time-of-day patterns); and configuration data (button labels, board layout, user-defined settings). The FluentPet Connect device contains no microphone and cannot capture audio. Device data is transmitted to CleverPet’s cloud infrastructure via encrypted connections (TLS 1.2 or higher) and stored in accordance with the retention schedule set forth in our Privacy Policy. By activating and using a FluentPet Connect device, you acknowledge and consent to this collection and transmission.

4.2 Research Use and Scientific Integrity. FluentPet conducts and supports scientific research into animal cognition and communication. De-identified device data may be used for research purposes consistent with our Privacy Policy. All research use of data is subject to oversight by FluentPet’s independent Scientific Integrity Review Board (SIRB), whose composition and conflict-of-interest policies are described at fluent.pet/scientific-integrity.

4.3 Research Opt-In and Opt-Out. Sharing of your de-identified device data with external research collaborators is opt-in only. You may opt in through the FluentPet App. You may opt out of research use of your device data at any time through your account settings or by contacting privacy@fluent.pet. Opting out of research use does not affect your ability to use the FluentPet Connect device or any other Services, and does not alter the collection of device data necessary to operate the device and Services.

4.4 Firmware and Device Modifications. CleverPet reserves the right to update, modify, or discontinue device firmware and software at any time, with or without notice, including updates that may change device functionality. CleverPet does not warrant that any particular device feature will remain available. Where a firmware update materially reduces core functionality, CleverPet will endeavor to provide advance notice to registered users.

4.5 Governing Framework. Data generated by FluentPet Connect devices is governed by our Privacy Policy and not by the User Generated Content license in Section 3. In the event of any conflict between these Terms of Service and the Privacy Policy with respect to device data, the Privacy Policy controls.

5. Your Use of the Site

You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content or User Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site. CleverPet reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any CleverPet server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site to its source, or exploit the Site or any service or information made available or offered by or through the Site in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CleverPet’s systems or networks. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CleverPet on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content or User Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of CleverPet or others.

You may not use the Site to conduct litigation-directed testing, automated monitoring, forensic capture, vulnerability assessment, or other nonordinary investigative activity except as expressly authorized by CleverPet in writing or through a published security-disclosure program. Nothing in this section restricts lawful, ordinary consumer use of the Site or rights that cannot be waived under applicable law.

Security researchers may report suspected vulnerabilities to security@fluent.pet. We do not authorize testing that degrades service, accesses nonpublic data, bypasses authentication, or affects other users.

6. Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature.

If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

CleverPet may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and CleverPet makes no commitment to update such materials.

7. Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a CleverPet ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify CleverPet immediately of any unauthorized use of your account or password, or any other breach of security.

You may be held liable for losses incurred by CleverPet or any other user of or visitor to the Site due to someone else using your CleverPet ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s CleverPet ID, password or account at any time without the express permission and consent of the holder of that CleverPet ID, password or account. CleverPet cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

8. Privacy

CleverPet’s Privacy Policy applies to use of this Site and the Services, and its terms are made a part of these Terms of Service by this reference. The Privacy Policy is available at fluent.pet/privacy. In the event of a conflict between these Terms of Service and the Privacy Policy with respect to the collection, use, or disclosure of personal information or device data, the Privacy Policy controls.

Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

8.1 Privacy-Related Rights. Depending on your jurisdiction, you may have rights with respect to your personal information, including rights to access, delete, correct, and port your data, and to opt out of certain uses. These rights are described in the Privacy Policy. To exercise any such rights, contact privacy@fluent.pet.

8.2 Research Opt-Out. You have a separate right to opt out of research use of your FluentPet Connect device data at any time, independent of any other privacy rights, as described in Section 4.3 above and in the Privacy Policy. Exercising this right will not affect your ability to use the Services.

9. Links to Other Sites

This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under CleverPet’s control, and CleverPet is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

10. Disclaimers

CLEVERPET DOES NOT PROMISE THAT THE SITE OR ANY CONTENT OR USER CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT AND USER CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE EXCEPT AS PROVIDED IN SECTION 1. CLEVERPET CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CLEVERPET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLEVERPET DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CLEVERPET SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CLEVERPET FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT OR USER CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT OR USER CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

CleverPet reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms except as provided in Section 1; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

The disclaimers in this section apply only to the fullest extent permitted by applicable law. Nothing herein excludes or limits liability that cannot be disclaimed under mandatory provisions of applicable consumer-protection or data-protection statutes.

11. Trademarks

The following are trademarks or registered trademarks of CleverPet, Inc.: CleverPet®, FluentPet™, Engage idle paws™, All-Day Play™. Trademarks are adjectives and should not be made into verbs or made plural or possessive. All other product names, logos, brands, trademarks and registered trademarks referenced on this Site are the property of their respective owners.

12. Limitation of Liability

Except where prohibited by law, in no event will CleverPet be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if CleverPet has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Service, CleverPet is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content or User Content, CleverPet’s liability shall in no event exceed the greater of: (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against CleverPet (not including the purchase price for any CleverPet hardware or software products); or (2) US$100.00.

Notwithstanding the foregoing, this limitation of liability does not apply to any liability arising under California Civil Code § 1798.150 (the California Consumer Privacy Act private right of action for data breaches) or equivalent mandatory provisions of applicable state or federal data-breach statutes, to the extent such liability cannot be limited by contract under applicable law.

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

13. Indemnity

You agree to indemnify and hold CleverPet, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against CleverPet by any third party due to or arising out of or in connection with your use of the Site.

14. Violation of These Terms of Service

CleverPet may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with CleverPet’s rights or property, or the rights or property of visitors to or users of the Site. CleverPet reserves the right at all times to disclose any information that CleverPet deems necessary to comply with any applicable law, regulation, legal process or governmental request.

You acknowledge and agree that CleverPet may preserve any transmittal or communication by you with CleverPet through the Site, and may also disclose such data if required to do so by law or if CleverPet determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Service; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of CleverPet, its employees, users of or visitors to the Site, and the public.

You agree that CleverPet may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Service. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to CleverPet, for which monetary damages would be inadequate, and you consent to CleverPet obtaining any injunctive or equitable relief that CleverPet deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies CleverPet may have at law or in equity.

You agree that CleverPet may, in its sole discretion and without prior notice, terminate your access to the Site for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) discontinuance or material modification of the Site or any service offered on or through the Site; or (4) unexpected technical issues or problems.

If CleverPet does take any legal action against you as a result of your violation of these Terms of Service, CleverPet will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to CleverPet.

15. Dispute Resolution and Arbitration

Please read this Section carefully. It requires most disputes to be resolved by binding arbitration, not in court, and limits the manner in which you and the Company may seek relief from each other.

15.1 Informal Resolution First. Before either party initiates arbitration or a court proceeding, the party asserting a dispute must first send written notice describing the dispute and the relief requested. Notices to the Company must be sent to legal@fluent.pet or another arbitration-notice address identified in these Terms. Notices to you may be sent to the most recent email address associated with your account or order.

The parties will make good-faith efforts to resolve the dispute informally for 30 days after notice is received. Any applicable limitations period will be tolled during this 30-day informal-resolution period.

15.2 Agreement to Arbitrate. Except for the matters described in Section 15.5, any dispute, claim, or controversy arising out of or relating to these Terms, any purchase, product, subscription, app, website, account, communication, marketing, warranty, refund, privacy, data, or other interaction between you and CleverPet, including the breach, termination, enforcement, interpretation, validity, scope, or applicability of these Terms or this arbitration agreement, will be resolved by binding individual arbitration administered by New Era ADR, Inc. through its online dispute-resolution platform.

The arbitration will be conducted under New Era ADR’s Rules and Procedures for Virtual Expedited Arbitration, including any applicable proceeding-specific rules, except to the extent those rules are modified by this Section or by applicable law. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

The arbitrator, called the Neutral under New Era ADR’s rules, may award any individual relief available in court under applicable law, including damages, statutory damages, injunctive relief, declaratory relief, attorneys’ fees, and costs, but only to the extent such relief is available to the party seeking it and consistent with Section 15.6.

Judgment on the arbitration award may be entered in any court of competent jurisdiction.

15.3 Starting an Arbitration. A party may start arbitration by filing a claim through New Era ADR’s online filing portal. The Company’s contact information for arbitration is:

CleverPet, Inc dba FluentPet
Attn: Legal / Arbitration Notice
Email: legal@fluent.pet
Mailing address: 302 Washington St. #150-3668, San Diego, CA 92103

Your contact information for arbitration will be the most recent email address and mailing address associated with your account, order, or communications with the Company.

15.4 Arbitration Fees. For consumer claims, your filing fee will not exceed the lesser of (a) $300, (b) the amount required by New Era ADR’s then-current fee schedule for consumer claims, or (c) the amount permitted by applicable law. The Company will pay all New Era ADR case-management, platform, Neutral, and other arbitration fees that applicable law or New Era ADR’s fee schedule requires the Company to pay.

Each party will bear its own attorneys’ fees and costs unless applicable law, these Terms, or the arbitrator’s award provides otherwise. Nothing in this Section limits any non-waivable right to recover attorneys’ fees, costs, or expenses under applicable law.

15.5 Exceptions Either party may bring an individual claim in small claims court if the claim qualifies for small claims jurisdiction and remains in that court.

Either party may seek temporary or preliminary injunctive relief in court to preserve the status quo or prevent irreparable harm pending arbitration.

Nothing in this Section prevents either party from reporting conduct to a government agency or cooperating with a government investigation.

To the extent applicable law prohibits waiver of a right to seek public injunctive relief, nothing in this Section waives that right. Any claim for public injunctive relief that may not lawfully be arbitrated or waived may be brought in court, and the parties agree to stay that court claim pending completion of arbitration of any arbitrable individual claims, unless a court determines otherwise.

15.6 Individual Proceedings Only; Class and Representative Action Waiver You and the Company agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, class member, or representative in any class, collective, consolidated, mass, private-attorney-general, or representative proceeding.

The arbitrator may not consolidate more than one person’s claims, preside over any class, collective, consolidated, mass, private-attorney-general, or representative proceeding, or award relief for or against anyone who is not a party to the arbitration, except to the extent this limitation is prohibited by applicable law.

No arbitration decision involving another customer, claimant, or user will have binding or preclusive effect on your claim unless you were a party to that arbitration or you expressly agree otherwise after the dispute arises.

15.7 Arbitrability Except as provided in this Section, the arbitrator will decide all issues concerning the interpretation, scope, validity, enforceability, and applicability of this arbitration agreement. A court, not the arbitrator, will decide whether any agreement to arbitrate was formed, including whether a party received legally sufficient notice of these Terms or manifested assent to them.

15.8 Opt-Out Right You may opt out of this arbitration agreement within 30 days after the date you first agree to these Terms, or within 30 days after the Company gives notice of a material change to this Section, by sending written notice to arbitration-optout@fluent.pet. Your opt-out notice must include your name, the email address associated with your account or order, and a clear statement that you wish to opt out of arbitration.

Opting out of arbitration will not affect any other provision of these Terms or any prior arbitration agreement you did not validly opt out of.

15.9 Backup Arbitration Provider If New Era ADR is unavailable, unwilling, or unable to administer a claim, or declines to administer a claim under its rules, then the claim will be administered by the American Arbitration Association under its Consumer Arbitration Rules, unless the parties agree in writing to another provider or a court appoints a substitute arbitrator under the Federal Arbitration Act.

15.10 Severability If any portion of this Section is found unenforceable, that portion will be severed and the remainder will remain in effect, except that if Section 15.6 is found unenforceable as to a claim seeking class, collective, consolidated, mass, private-attorney-general, or representative relief, that claim must proceed in court and not in arbitration.

If a claim proceeds in court under this Section, the parties consent to the exclusive jurisdiction and venue of the state courts located in Santa Clara, California, and the federal courts for the Northern District of California.

16. California Consumer Notices

If you reside in California or are otherwise subject to California law, these Terms are intended to comply with all relevant consumer-protection statutes, including the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA), the Consumers Legal Remedies Act (CLRA), the Unfair Competition Law (UCL), and the False Advertising Law (FAL). Any claim for “public injunctive relief” under these statutes will be adjudicated in court as necessary, consistent with California law.

16.1 Privacy Rights (California). California residents have the rights described in the Privacy Policy, including rights to know, delete, correct, and port personal information; to opt out of the sale or sharing of personal information for cross-context behavioral advertising; and to non-discrimination for exercising privacy rights. These rights can be exercised by contacting privacy@fluent.pet or by visiting our Privacy Choices page at fluent.pet/privacy.

16.2 Sharing for Targeted Advertising. FluentPet shares certain categories of personal information (identifiers, commercial information, and usage data) with business and marketing partners — including, without limitation, Meta, TikTok, Google, Klaviyo, and Shopify — for cross-context behavioral advertising as defined under the CCPA/CPRA. FluentPet does not share FluentPet Connect device data or de-identified research data for advertising purposes. You may opt out of this sharing at any time by enabling the Global Privacy Control (GPC) signal in your browser, by visiting our Privacy Choices page, or by contacting privacy@fluent.pet. FluentPet recognizes and honors the GPC signal.

16.3 Right to Appeal and Complain. If CleverPet declines your privacy rights request, you may appeal by contacting privacy@fluent.pet. You may also contact the California Privacy Protection Agency or the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or (800) 952-5210.

16.4 Conflict with Mandatory Law. Any disclaimer or limitation herein applies only to the extent allowed under applicable California law. If any provision conflicts with mandatory legal protections, that provision will be adjusted to comply with the law while preserving the original intent as closely as possible.

17. International Users and GDPR

17.1 EEA and United Kingdom Users. If you are located in the European Economic Area (EEA) or the United Kingdom (UK), CleverPet, Inc. dba FluentPet is the data controller of your personal information for purposes of the General Data Protection Regulation (GDPR) and UK GDPR. The lawful bases on which we process your personal information are described in the Privacy Policy.

17.2 International Data Transfers. Your personal information may be transferred to, stored, and processed in the United States and other countries that may not provide the same level of data protection as your home country. For transfers of personal information from the EEA or UK, we rely on the European Commission’s Standard Contractual Clauses (SCCs) or the UK International Data Transfer Agreement (IDTA), as applicable. Copies of applicable transfer mechanisms can be obtained by contacting privacy@fluent.pet.

17.3 Supervisory Authority Complaints. The arbitration clause in Section 15 does not apply to, and CleverPet does not seek to restrict, your right to lodge a complaint with your national data protection supervisory authority. EEA supervisory authorities are listed at edpb.europa.eu. UK residents may contact the Information Commissioner’s Office at ico.org.uk.

17.4 EEA/UK Consumer Rights. Nothing in these Terms of Service limits any mandatory rights you have under EEA or UK consumer-protection law. To the extent any provision of these Terms conflicts with mandatory EEA or UK law, the mandatory law prevails.

18. Children

The Services are not directed to children under 16 years of age. We do not knowingly collect personal information from children under 16. If you are under 16, please do not use the Services or provide any information to us. If you are the parent or guardian of a child who has provided us personal information, please contact us at privacy@fluent.pet to request its deletion. As of the effective date of these Terms, we do not knowingly sell or share the personal information of individuals under 16 years of age.

19. DMCA Copyright Policy

CleverPet, Inc. (dba FluentPet) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), we will respond expeditiously to claims of copyright infringement reported to our designated copyright agent.

19.1 Notice of Alleged Infringement. If you believe that your copyrighted work is being infringed on or through our service, please send a written notification to our Designated Copyright Agent containing the following: (1) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit CleverPet to locate the material; (4) information reasonably sufficient to permit CleverPet to contact you, such as an address, telephone number, and email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

19.2 Designated Copyright Agent. Leo Trottier, CleverPet, Inc., 302 Washington St. #150-3668, San Diego, CA 92103. Email: dmca@fluent.pet. Phone: 510-925-3837.

19.3 Counter-Notification. If you believe your content was wrongly removed due to a mistake or misidentification, you may send our Designated Copyright Agent a counter-notification including: (1) your physical or electronic signature; (2) identification of the material removed and the location at which it appeared before removal; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification; (4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which CleverPet may be found, and that you will accept service of process from the person who provided notification.

19.4 Repeat Infringer Policy. CleverPet maintains a policy to terminate user accounts that repeatedly infringe copyrights. We reserve the right to terminate any user’s access to our services if they are determined to be a repeat infringer.

20. Unsolicited Idea Submission Policy

CleverPet and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to CleverPet or any of its employees.

If, despite this request, you still submit such ideas, then regardless of what your letter says, the following terms shall apply: (1) your submissions and their contents will automatically become the property of CleverPet, without any compensation to you; (2) CleverPet may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for CleverPet to review the submission; and (4) there is no obligation to keep any submissions confidential.

CleverPet does, however, welcome your feedback regarding its existing products and marketing strategies. Please send feedback to info@clever.pet.

21. Contact

General support: support@fluent.pet
Privacy rights and data requests: privacy@fluent.pet
DMCA copyright notifications: dmca@fluent.pet
Product feedback: info@clever.pet

Mailing address: CleverPet Inc., 302 Washington St #150-3668, San Diego, CA 92103, USA.

22. Miscellaneous

You may not use or export or re-export any Content or User Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect.

These Terms of Service constitute the entire agreement between you and CleverPet with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and CleverPet with respect to such use are hereby superseded and cancelled, except to the extent incorporated by reference herein (including the Privacy Policy). CleverPet’s failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by CleverPet of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between CleverPet and you or any other party be deemed to modify any provision of these Terms of Service. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.

Void Where Prohibited. CleverPet administers and operates fluent.pet, clever.pet, and hackerpet.com from its location in San Diego, California, USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. CleverPet reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.

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Last updated Jun 17, 2026. Effective immediately for new users and July 18, 2026 for registered users.