- Large Dog
- Small Dog
- Guinea Pig
- Large Fish
- Small Fish
- Saltwater Fish
- Freshwater Fish
- Bearded Dragon
- Crab & Lobster
- Hermit Crab
SHOP BY ANIMAL
Software License and Service Agreement
Felix & Fido Pets. ( hereinafter referred to as "Drink Smart " ) hereby reminds all users to carefully read and fully understand the Software License and Service Agreement (hereinafter referred to as "the Agreement"). Users should carefully read and fully understand the terms of the Agreement, particularly those pertaining to the exemption or limitation of Drink Smart 's liability, dispute resolution, and applicable laws. Terms associated with the exemption or limitation of liability are indicated by bold text; please read them carefully. After reading the Agreement carefully, please decide whether you are willing to accept the terms listed herein (minors should read the Agreement together with a legal guardian). By downloading, installing, and using the Software or by opening and logging in to your account, you accept the terms of this Agreement and are legally bound by them.
Drink Smart reserves the right to modify this Agreement. Any amended terms shall be announced on the official website or included with the Software, and the new terms shall take effect on the date of publication. Users may download and reinstall the Software or browse the amended terms on the website. If you do not accept the amended terms of this Agreement, please immediately discontinue your use of the "Drink Smart " software and services provided by Drink Smart . By continuing to use the "Drink Smart " software and services provided by Drink Smart , users accept the amended terms of this Agreement.
I. General Provisions
1.1. This Agreement is the agreement entered into by and between you (hereinafter referred to as the "User") and Drink Smart concerning the download, installation, and use of the "Drink Smart " software (hereinafter referred to as the "Software") by the User, as well as the terms related to the use of Drink Smart 's services.
1.2. The Software and services are provided by Drink Smart for installation on (including but not limited to) smart mobile devices, to provide services such as device pairing and operating smart products for the User who uses the said smart device.
1.3. The rights of ownership and operation of the Software and services are vested in Drink Smart .
II.Scope of Software Licensing
2.1. Drink Smart grants the User a personal, non-transferable, and non-exclusive license to use the Software without the right to sublicense.
2.2. The User may install, use, display, and run the Software on a single mobile terminal device for non-commercial purposes. However, the User shall not install, use, or run the Software for the purpose of any commercial operation. The User shall not copy, alter or modify any data stored within the Software, any data released to the memory of any terminal device during execution of the Software or any data generated during the interaction between the client and the server during execution of the Software. The User shall not operate the Software through other software or create any derivative of the Software in any form, including but not limited to plug-ins, bots or accessing the Software and related systems through unauthorized third party tools/services. If you must sell, copy or distribute the Software commercially, such as for software pre-installation and bundling, a written authorization and permission from Drink Smart must be obtained in advance.
2.3. Without the permission of Drink Smart , the User shall not install the Software on other terminal devices that are not expressly permitted by Drink Smart ã
2.4. The User may make a copy of the Software for the purpose of using the said Software and services, which shall be used only as a backup. All backup copies shall include the copyright information provided with the original software.
2.5. Except as expressly authorized by this Agreement, Drink Smart does not grant other rights to the User. If the User intends to exercise any other right, the written consent from Drink Smart shall be obtained in advance.
III. Software Acquisition, Installation, and Upgrades
3.1. The User shall download and install the Software from the website or in the manner designated by Drink Smart .Be careful not to download the Software from undesignated websites, so as to prevent mobile devices from being infected by malicious programs that can destroy user data and acquire confidential user information. If you acquired the Software or an installation program with the same name as the Software from a third party that has not been authorized by Drink Smart , Drink Smart is unable to guarantee the normal functionality of such software and will not be liable for any losses you sustain from using such software.
3.2. The User must select the Software version that matches the terminal device it is to be installed on. Otherwise, any software problems, device problems or damages resulting from using an incompatible software version on the device model shall be solely assumed by the User.
3.3. In order to improve User experience and optimize service content, Drink Smart reserves the right to provide replacement, modified, and upgraded versions of the Software.The Software will enable the "upgrade prompt" feature by default for the User. Depending on the software version installed by the User, Drink Smart will provide the User with the decision whether to enable the said feature. After the new version of the Software is released, Drink Smart does not guarantee that older versions of the Software will continue to be usable.
IV. Usage Specifications
4.1. The User may use the Software and services in accordance with this Agreement and relevant laws. The User shall not commit the following acts:
4.1.1. Delete any copyright information from the Software and other duplicate copies, or modify, delete, or circumvent the technical measures set by the Software for the protection of intellectual property rights;
4.1.2. Perform reverse engineering of the Software, such as disassembly, decompilation or other attempts to obtain the source code of the Software;
4.1.3. Add, remove or change the features or running effects of the Software by modifying or forging the instructions and data during the running of the Software, or otherwise operate or disseminate to the public the software or methods used for the purposes described above, regardless of whether or not such actions are performed for commercial purposes;
4.1.4. Use the Software to commit any acts detrimental to network security, including but not limited to: using unauthorized data or access to unauthorized servers/accounts; unauthorized access to public networks or the operating system of others, and delete, modify or add any saved data; unauthorized attempts to detect, scan, or test the Software system or network weaknesses, or perform other actions to disrupt network security; attempt to interfere with or destruct the normal operation of the Software system or website, deliberately spread malicious programs or viruses, or carry out other acts that disrupt or interfere with normal network information services; forge the names or partial names of TCP/IP data packets;
4.1.5. The User logs into or uses the Software and services through a third party compatible software or system which was not developed, authorized, or approved by Drink Smart , or makes, publishes, or disseminates the tools described above;
4.1.6 Without the written consent of Drink Smart , the User performs action on the Software or the data contained therein including but not limited to the following: using, leasing, copying, modifying, linking to, reproducing, compiling, releasing, publishing or establishing a mirror site for or using the Software without authorization to develop related derivative products, works, services, plug-ins, bots, compatibility or interconnection;
4.1.7. Using the Software to publish, transmit, broadcast, or store content which violates local laws and regulations;
4.1.8. Use the Software to publish, transmit, disseminate or store any content that infringes on the legitimate rights and interests of others, such as intellectual property rights and trade secrets;
4.1.9. Use the Software to publish, transmit or disseminate advertising information or spam in bulk;
4.1.10. Use the Software and other services provided by Drink Smart in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the use licensed under this Agreement;
4.2. Information Publication Specifications
4.2.1.You may use the Software to publish content originally created by you or that you have the right to publish such as opinions, data, text, information, user names, images, photos, personal data, audio/video files and links. You must guarantee that you own the intellectual property rights for or have obtained legal authorization to use the information you upload and that your use of the Software and services does not infringe any legitimate rights or interests of any third party.
4.2.2. When using the Software, the User
4.2.3. You shall not use the Software to commit the following acts, including but not limited to:
220.127.116.11. Produce, reproduce, publish, disseminate or store any content that violates local laws and regulations;
18.104.22.168. Publish, transmit, disseminate or store any content that infringes on the legitimate rights and interests of others, such as their right to reputation, personality rights, intellectual property rights, and trade secrets;
22.214.171.124. Make up fictitious facts or conceal the truth to mislead or deceive others;
126.96.36.199. Publish, transmit or disseminate advertising information or spam;
188.8.131.52. Engage in any other behavior that violates local laws and regulations.
4.2.4. Without the permission of Drink Smart , you shall not carry out any commercial activities inside the Software, such as advertising and selling merchandise.
4.3. You understand and agree that:
4.3.1. Drink Smart will determine whether the User is suspected of violating the above-mentioned usage specifications and, based on the result of such determination, suspend or terminate the use license granted to you or take other restrictive measures that may be taken in accordance with this Agreement;
4.3.2. Drink Smart will directly delete any information suspected of being unlawful or infringing the legitimate rights of others or violating this Agreement, which is published by the User during his/her use of the licensed Software;
4.3.3. If you violate the above-mentioned usage specifications and thereby cause damages to a third party, you need to assume the liability in your own name and shall hold Drink Smart harmless from and against any losses or expenses arising therefrom;
4.3.4. The User shall indemnify and hold harmless Drink Smart from and against any and all losses, third-party claims, administrative penalties and damages and/or expenses, including reasonable attorney fees and investigation and evidence collection costs, incurred or suffered by Drink Smart resulting from the User's violation of relevant laws or breach of this Agreement.
V. Service Risks and Disclaimers
5.1. The User must procure the device required for Internet access and the usage of telecom value-added services by the mobile terminal device, and bear the telecommunication fees, data fees, and related costs incurred by accessing the Internet or charged by third parties (including but not limited to telecommunications and mobile communication providers). If any telecom value-added services are needed, you are advised to confirm the costs with your telecom value-added service provider.
5.2. Neither Drink Smart nor its Partner is liable for any loss suffered by the User due to reasons attributable to third parties such as communication line failures, technical problems, network or mobile terminal device failures, system instability issues, and other force majeure factors.
5.3. The Software, like most other Internet software, may be affected by differences in factors including but not limited to the user, network service quality and social environment, and may also be subject to intrusion from various security problems, such as the usage of User data by others that creates a disturbance in real life; other software downloaded and installed by the User or other websites visited by the User contain "Trojan horses" and other viruses that threaten the security of the User's terminal device information and data and then affect the normal use of the Software. The User shall strengthen data security and consciousness of protecting user information and must strengthen password protection to prevent losses and disturbance.
5.4. When the User uses the Software or requests Drink Smart to provide specific services, the Software may call upon a third party system or software to support the User's use or access. The results of the use or access will be provided by the third party. Drink Smart does not guarantee the safety, accuracy and effectiveness of the results achieved through the support of the said system or software, nor does Drink Smart assume any other uncertain risks; Drink Smart assumes no liability in the event that any dispute arises therefrom or damage is caused thereby.
5.5. Drink Smart specifically brings to the User's attention that, in order to protect the company's business development and right to make adjustments, Drink Smart has the right to modify or suspend the services at any time without notice to the User and without any liability to the User or any third party.
5.6. Except as expressly specified in laws and regulations, we will do our utmost to ensure that the Software and the technology and information involved are safe, effective, accurate and reliable; however, due to limitations in current technology, the User understands that Drink Smart cannot provide any guarantee.
5.7. The User shall be solely liable for compensation for any personal injury or incidental or indirect economic losses, including but not limited to compensation for profit loss, data loss and losses from interruption of business or any other commercial loss or compensation claim arising out of or in connection with any of the following circumstances:
- 5.7.1. The use of or failure to use the licensed software;
- 5.7.2. The unauthorized use of the Software or modification of the User's data by a third party;
- 5.7.3. Costs and losses incurred by the User during the use of the Software;
- 5.7.4. Misunderstanding by the User of the Software;
- 5.7.5. Other losses in connection with the Software for reasons not attributable to Drink Smart .
5.8. For acts carried out through the Software between the User and other users of the Software, the liability for any personal injury or economic damages or losses that arise or may arise from the User having been misled or deceived shall be borne according to the law by the party at fault.
VI. Statement on Intellectual Property Rights
6.1. Drink Smart is the intellectual property right holder of the Software. All intellectual property rights such as copyright, trademark, patent, trade secret, etc. relating to the Software, and all information related to the Software (including but not limited to text, pictures, audio, video, graphics, interface design, layout, data or electronic documents, etc.) are protected by the laws and regulations of the region you are currently living in and corresponding international treaties. Drink Smart enjoys the intellectual property rights described above.
6.2. Without the prior written consent of Drink Smart , the User shall not independently use or transfer any of the above intellectual property rights for any commercial or non-commercial purposes, or permit any third party to do so. Drink Smart reserves the right to pursue legal liability for such acts.
7.1. Drink Smart has the right to amend the terms of this Agreement when necessary, and any such amended terms will be published on relevant web pages. If the User does not agree with the amended terms, the User shall cancel the service. The User's continuing to use the service constitutes acceptance of the amended terms of the Agreement.
VIII. Applicable Law and Dispute Resolution
8.1. The validity and interpretation of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China. In the absence of relevant legal provisions, international business practices and/or business practices may be used as references.
8.2. This Agreement is signed in NJ07446. USA.
8.3. Both the User and Drink Smart agree that any dispute arising from the services shall first be settled through consultations by the Parties. If no settlement can be reached through such consultations, either Party may submit the dispute to the court of competent jurisdiction over the district where this Agreement is signed.
9.1. For a specific service of the Software, there may be a separate agreement and related business rules, etc. (hereinafter collectively referred to as the "separate agreement"), so please read and agree to relevant separate agreement before using such specific service.
9.2. This Agreement shall enter into force on Oct 30, 2018.
9.3. The headings to all the terms of this Agreement are for ease of reference only and themselves contain no practical significance; they cannot be used in interpreting the meaning of this Agreement.
9.4. If any provision of this Agreement is or becomes invalid or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect and binding upon both Parties hereto.
Please take some time to familiarize yourself with our privacy practices, and let us know if you have any questions.
What information is collected, and how is it used?
Types of information collected
When providing you with services, We will ask you for personal information that is necessary for us to successfully provide those services. If you do not provide us with this personal information, We may not be able to provide our products or services to you. We collect the following types of information (regardless of whether or not they are considered to be personal information):
- Information you provide to us or upload: We may collect personal information you provide to us including your name, phone number, email address, account information (e.g. security-related information such as name, birthday, and gender ), information or data that is synchronized with the device you use to access the Drink Smart portal, information used to create your account or related to your account setup on the Drink Smart portal, devices you add or information that you send, and feedback.
- Information related to the handheld device terminal or your SIM card: information related to the operation of the Drink Smart handheld device terminal. This includes, for example, IMEI number, IMSI number, the version of your operating system, manufacturing information about your device, model name, and network operator.
- Device information: information about the device associated with your account. For example: MAC address, DID, network status of the device (IP/network signal), and the version of your firmware.
- Information We designate that is about you: We may collect and use content such as information related to your account.
- Location information (only for specific services/features): a variety of different kinds of information related to your location. For example, country code, city code, mobile network code, district name, information about latitude and longitude, and language settings.
- Login information: information related to your use of certain features and devices. Information includes, for example, cookie and other anonymous labeling and marking technology, IP address, temporary messaging history, and standard system logs.
- Other information: Environmental Feature Value (ECV) (for device-bound accounts (email and phone number), account number and password for connected Wi-Fi accounts)
We may also collect other kinds of anonymous information that is not related to an individual. For example, when using a specific service, a user's device, device model number, and the version number of the user's firmware may all be collected. The type and amount of information collected depends on how you use, join, or participate in our products and/or services.
How this personal information is used
- Provider services, processing, maintenance, improvement, development of the products and/or services We provide you, and services provided through your device or by Drink Smart.
- Communication with you regarding your device, services, or any other common queries (including updates, device firmawer/software updates, customer support, related information, and notifications)
- Analysis and development of statistical information related to the use of our products and services that is used to further improve our products and services.
- Storage and maintenance of your information, to be used in our business operations or to fulfill legal obligations.
More details on how We use your information (including personal information) are provided below:
- Creating your account. The personal information that is collected when an account is created on a mobile device is used to create a user's personal account and information pages.
- Providing location-based services. When using Drink Smart devices, We may use information about your location to determine the time zone of the device. This will ensure that the device accurately displays the correct time and login service area. It will also optimize user experience by providing services such as advance activation of the corresponding device at a time set by the user. You can turn off this feature at any time by going to device settings or by discontinuing your use of this application.
- Accessing devices. The authenticity of devices that are operated through the app must be verified. We therefore need to confirm the legal identity of the device by consulting the factory MAC and DID information. In addition, in order to connect the device to the network, it will need to be configured through the app. During configuration, you must enter the corresponding Wi-Fi name and password. This information will only be used to connect the device to the network. The Wi-Fi and password data you enter will be encrypted and stored locally on your device; it will not be uploaded to the server. In addition, you can access the device and delete this information at any time. We also need to analyze the device's IP and network signal in order to determine the optimal network connection method. This will ensure the stability of the device network.
- Display of device status. This allows you to view the status of the device remotely that you can check at any time whether or not the device is running.
- Providing push services. Account numbers and IMEO Numbers will also be used for the Drink Smart push service, which sends device notifications to the user. You can turn off this feature at any time by changing the preferences listed under "Message Settings."
- Collecting user feedback. The feedback you choose to provide is extremely valuable, as it helps us improve the services provided by Drink Smart. In order to track your feedback, Drink Smart may use the personal information you provide to contact you and to keep records.
- Sending notifications. We may occasionally use your personal information to send important notifications, for example, notifications about the status of device malfunctions; your customized device push notifications (which depend on what additional equipment you have purchased); and changes to our terms, conditions, and policies.
We may use your name, phone number, email address, account number, or IMEI number to provide you with promotional information related to products and services provided by Drink Smart Innovation Co.,LTD. or by its partners (who provide web and mobile applications and cloud-related products and services). We strictly abide by local data protection law and require your independent and explicit permission. This means that We will only use your personal information after We have obtained your consent or after you express that you have no objections. You also have the right to stop our planned use of your personal data for direct marketing purposes.
Who do We share your information with?
We will never sell any of your personal information to a third party.
At times, We may disclose your personal information to a third party (as defined below) in order to provide products or services that you have requested.
We may disclose information to the third-party service providers and affiliates listed at the end of the section. In any of the various situations described at the end of the section, you can rest assured that Drink Smart will only share the personal information that you have authorized. Please understand that if, in any of the situations described below, Drink Smart shares your information with a third-party service provider, Drink Smart will abide by applicable local data protection law by specifying what the third party's practices and obligations are in its contract. Drink Smart guarantees that it will contractually obligate third-party service providers to comply with all applicable privacy standards in your jurisdiction.
Sharing information with our group and with third-party service provider
In order to operate successfully and provide you with the full functionality of our products and services, We may occasionally disclose your personal information to other Drink Smart affiliates (these may include communications, social media, technology, or cloud services) or with our third-party service providers (our mailing centers, delivery services providers, telecommunications companies, data centers, data storage facilities, customer service providers, advertising and promotional service providers, and agents representing Drink Smart) [affiliated companies and/or other third parties] (collectively referred to as "third-party service providers"). These kinds of third-party service providers may process your personal information as a representative of Drink Smart, or they may fall into one of the categories listed above. When using certain mobile applications on our devices, We may share your IP address with third parties in order to provide certain services you have requested. If you would no longer like us to share this information, please contact us by sending an email to firstname.lastname@example.org
The sharing of information with others
Drink Smart may disclose your personal information to others without further consent when it is required by law.
Information that does not require consent
We may share anonymous information in aggregate form with third parties (such as advertisers on our website) for commercial purposes. We may share trends in common usage of our services, for example, the number of customers in a particular group who purchase certain products or engage in certain transactions.
In order to avoid any suspicion, Drink Smart may collect, use, or disclose your personal information without your consent if and only if expressly permitted by local data protection law (to, for example, comply with a subpoena). We may also disclose your information without your consent if We believe in good faith that it must be disclosed in order to protect our rights, your safety, or the safety of others; investigate fraud; or respond to government requests.
Drink Smart's security measures
We are committed to keeping your personal information secure. In order to prevent unauthorized access, disclosure, or other similar breaches, We have implemented physical, electronic, and management-related measures to protect the information We collect from you during your use of the Drink Smart app. We will take all appropriate measures to protect your personal information.
For example, When you send information to our server from your Drink Smart device or receive information through the same channel, We make sure that it is encrypted using a number of protocols.
All of your personal information is stored on secure servers and protected in controlled facilities. We also guarantee that employees and third-party service providers who provide products and services to you by accessing this information will be held under strict contractual confidentiality obligations. If these obligations are not filled, they will be subject to disciplinary action or contract termination. Similarly, We have established dedicated access control measures for cloud-based data storage. In summary, We regularly review our information collection, storage, and processing practices, including physical security measures taken in order to prevent any unauthorized access and use.
We will take all measures possible to protect your personal information. You should, however, be aware that the Internet is not always secure. Because of this, We cannot guarantee the security or integrity of any personal information when it is being transmitted online in either direction.
What you can do!
You can ensure that your personal information remains protected by not revealing your login password or account information to anyone (unless it is a person you have officially authorized). When you log into Drink Smart as a account user, no matter when, and especially if you are using another person's computer or a public Internet portal, you should always log out at the end of the session.
Drink Smart is not responsible for security oversights caused by third parties accessing your personal information that are the result of your inability to ensure the privacy of your own personal information. Notwithstanding the foregoing, you must immediately notify us if any online users access your account without permission or if any other security breaches occur.
Your assistance will help us better protect your personal information.
We retain information We collect about you as long as it is still needed for the purposes We obtained it or as long as it is needed to comply with applicable legal requirements or permissions. As long as We can reasonably infer that this retention of personal information cannot lead to the collecting of personal information, and as long as We no longer need to retain this information for legal reasons, dispute resolution, enforcement of our agreements, or any other business related purposes, We will not retain personal information, or We will eliminate any ways in which this personal information can be connected to specific individuals.
Accessing other features on your device
Our application may need to access certain features on your device, for example, Wi-Fi network status. This information is necessary for these applications to be able to run on your device and for you to be able to interact with them. You can close the application on your device at any time, or you can contact us at email@example.com to revoke your consent.
You can submit a request by sending an email to firstname.lastname@example.org, in which you can request to withdraw your consent for us to collect, use and/or disclose any of your personal information that We hold or control. We will process your submission within a reasonable amount time, after which, We will abide by your request and no longer collect, use, and/or disclose your personal information.
Please note that your revocation of consent may result in some legal consequences. Based on the extent to which you decide to revoke consent for us to process your personal information, you may no longer be able to enjoy the use of Drink Smart products or services.
The transfer of personal information to areas outside your jurisdiction
If We need to transfer personal information outside your jurisdiction, whether it is transferred to our affiliates (these may include communications, social media, technology, or cloud services) or to third-party service providers, We will always comply with applicable law. In particular, in order to ensure that all such transfers comply with applicable local data protection law, We will implement appropriate security safeguards. For example, if you choose to use other third-party services available for this product or service (such as Amazon Alexa, Google Assistant, etc.), those third parties may be able to read information about you, information about you may also be transferred to a third-party server outside of your jurisdiction, and you agree to this kind of transfer.
We believe that it is the responsibility of parents to supervise their children when using our products and services. Our policy, however, does not require us to obtain the personal information of minors or to send any promotional materials to these kinds of people.
Drink Smart will not seek or attempt to seek out any way to obtain personal information from a minor. If parents or guardians have reason to believe that a minor has submitted personal information to Drink Smart without their prior consent, they should contact us to ensure that such personal information is removed and that subscriptions the minor may have for any applicable Drink Smart services are canceled.
Order of priority
Do I have to agree to all terms and conditions of third parties?
Depending on your jurisdiction, you may be able to log into our website using login services provided by Facebook Connect or by Open ID. These services will verify your identity and allow you to choose whether or not you want to share certain personal information (such as your name and email address) with us to populate our registration form. Services like Facebook Connect allow you to choose whether or not you want to share information about your personal activity from their site on your profile page so that it can be shared with other people in your network