Barkly Living Terms of Service
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Last Updated: May 4, 2026

Welcome to the Barkly Living platform operated by NuraVet LLC d/b/a Barkly Living ("Barkly"). Barkly provides its services to eligible and authorized users ("Users" or "you") subject to the following conditions. Before you may use the platform, websites, applications, and related services (the "Platform"), you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and the Privacy Policy below (together, the "TOS"). We recommend that as you read these TOS, you also access and read any linked information, since it is incorporated into and made part of these TOS. These TOS are effective upon acceptance.

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PLEASE READ THESE TOS CAREFULLY BEFORE ACCESSING, BROWSING, OR USING THE PLATFORM. THESE TOS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING BARKLY’S LIABILITY (SECTIONS 10–12), REQUIRING THE RESOLUTION OF DISPUTES THROUGH ARBITRATION (SECTION 22), AND WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION (SECTION 22).

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Use of any functionality of the Platform constitutes acceptance of these TOS. If these TOS conflict with any other documents, these TOS will control for purposes of your use of the Platform. If you do not agree to be bound by these TOS, you may not use the Platform in any way.

We reserve the right at any time, at our sole discretion, to change or otherwise modify the TOS without prior notice. Your continued access or use of the Platform signifies your acceptance of the updated or modified TOS.

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1. Description of Services

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The Platform provides Users with access to services and information ("Service"). You are responsible for obtaining access to the Platform, and that access may involve third-party fees (such as Internet service provider fees, mobile data charges, or device fees). You must provide and are responsible for all equipment necessary to access the Platform. Barkly currently offers the Platform primarily as a property amenity and may, in the future, offer direct services, subscriptions, and additional features to Users.

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2. License and Platform Access

Barkly grants you a limited license to access and make personal use of the Platform and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Platform, or the framing of any content available through the Platform; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; any action that imposes or may impose (in Barkly’s sole discretion) an unreasonable or disproportionately large load on Barkly’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Barkly to prevent or restrict access to the Platform. Any unauthorized use will terminate the license granted to you by Barkly.

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By using the Platform you agree not to: (i) use the Platform or its contents for any commercial purpose; (ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; (iii) access, monitor, or copy any content or information of the Platform using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on the Platform or bypass other measures employed to prevent or limit access; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) deep-link to any portion of the Platform without our express written permission; or (vii) frame, mirror, or otherwise incorporate any part of the Platform into any other website without our prior written authorization.

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3. Eligibility

The Service is available to the following categories of Users: (i) tenants and residents of properties that participate in Barkly’s amenity programs; (ii) property managers, leasing agents, and other authorized personnel of participating properties; and (iii) independent Users who register directly with Barkly. The Service is not available to individuals under the age of majority in their state of residency or to any Users suspended or removed from the system by Barkly for any reason. Users may not have more than one active account. Users are prohibited from selling, trading, or otherwise transferring their accounts to another party. If you do not qualify, you may not use the Service or the Platform.

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4. Registration and Account

In consideration of your use of the Platform, you represent that you are at least the age of majority in your state of residency, are qualified to enter into a binding contract, are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction, and will use the Platform and Service only for legitimate purposes. You also agree to provide true, accurate, current, and complete information about yourself when you register. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Barkly has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Barkly has the right to suspend or terminate your account and refuse any current or future use of the Platform (or any portion of it) and the Service. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices. You agree to accept responsibility for all activities that occur under your account or password. We strongly recommend that you exit from your account at the end of each session. You agree to notify Barkly immediately of any unauthorized use of your account or any other breach of security. Barkly reserves the right to refuse registration of a User, terminate a User, or remove or edit content in its sole discretion. Barkly retains the right at its sole discretion to deny access to anyone at any time and for any reason, including for violation of the TOS or Privacy Policy.

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5. Access Methods

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Users may access the Platform in one of two ways: (a) Property-Sponsored Access, where a participating property covers the cost of Platform access for its eligible tenants and residents at no direct charge to the User; or (b) Direct Access, where a User registers and pays directly for access, subscriptions, or other services. These TOS apply to all Users regardless of access method. If your Property-Sponsored Access ends (for example, because you move out of a participating property or because the property’s arrangement with Barkly terminates), these TOS continue to apply to any continued use of the Platform, and you may elect to continue as a direct paid User. Direct paid Users may be subject to additional or different commercial terms, fees, and features, which Barkly will disclose at the point of registration or upgrade.

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6. Fees and Billing

Most Users access the Platform under Property-Sponsored Access at no direct cost. Fees may apply if you (i) upgrade to a paid subscription or premium service, (ii) purchase products or services through the Platform, or (iii) continue using the Platform as a direct paid User after Property-Sponsored Access ends. You will only be charged if your registration or upgrade is approved or renewed. Rates for services and subscriptions are subject to change at Barkly’s discretion; changes will apply only to new Users and renewals. All paid fees are non-refundable except as expressly stated in these TOS or required by law. Prepaid cards will not be accepted as a valid payment method and will be declined.

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7. Term; Renewals; Billing

These TOS, as may be updated or modified at Barkly’s sole discretion, remain in effect until terminated. Barkly may suspend or revoke your access to the Platform and Service immediately for any violation of these TOS or if you otherwise become ineligible.

For paid subscriptions and renewing services, renewal fees will be billed at the end of each renewal term and charged automatically to the credit card on file in the amount of the then-current applicable rate, on or around the day on which your Initial Term or Renewal Term expires. If we attempt to charge the credit card on file for a renewal and the transaction fails, we may reattempt the charge for up to 60 days from that date unless you notify Barkly of your decision to cancel.

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8. Cancellation, Termination, and Changes to Service

(a) You have the right to terminate your use of the Platform and Service at any time to avoid future charges, provided that any charges applicable to you will be determined based on the specifics of your registration.

(b) Barkly reserves the right to cancel or suspend any account, including any associated accounts, without notice, for any reason in our sole discretion, including our belief that your use or continued use of the Platform or Service would violate these TOS, applicable law, or otherwise be harmful to our interests. If Barkly cancels your User status, Barkly may, at its sole discretion, refund the balance of your most recent usage fee on a time-apportioned basis.

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(d) If your access to the Platform ends because Property-Sponsored Access has terminated, these TOS continue to govern your relationship with Barkly with respect to any continued or future use, including any continuing communications consent and any direct paid User account you maintain.

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9. Direct Purchases, Subscriptions, and Third-Party Providers

(a) Direct Purchases. The Platform may allow you to purchase certain services offered directly by Barkly or to upgrade to paid features ("Direct Purchases"). Direct Purchases are separate from your underlying Platform access and are not required to use the Platform. Any Direct Purchase you submit constitutes an offer to purchase and is subject to acceptance by Barkly. Barkly may accept or reject any Direct Purchase, in its discretion, at any time after submission, including due to availability, eligibility, or pricing errors. An order confirmation does not constitute acceptance. If Barkly rejects a Direct Purchase, it may attempt to notify you using the contact information you provided but is not responsible if such notice is not received. If a Direct Purchase is rejected before payment is processed, you will not be charged. If payment has already been processed, Barkly will issue a refund in the original form of payment, less any non-refundable fees disclosed at the time of purchase and permitted by law, within a commercially reasonable time. Refunds are limited to amounts actually received by Barkly and do not include amounts paid directly to Third-Party Providers. Processing times may vary based on your payment method and financial institution. Rates for Direct Purchases and subscriptions are subject to change.

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(b) Subscriptions. Certain Barkly services may be offered on a subscription basis ("Subscriptions"). By purchasing a Subscription, you authorize Barkly to charge your payment method on a recurring basis at the then-current applicable rate until canceled. Subscriptions may be canceled through your account or as otherwise provided, but cancellation will be effective at the end of the then-current billing period unless expressly stated otherwise. Except as required by applicable law or expressly stated in writing by Barkly, Subscription fees are non-refundable and not prorated, including in the event of cancellation, suspension, or termination.

(c) Payment Authorization. If you elect to purchase Barkly services or Subscriptions, you may be required to provide payment information. You represent that you are authorized to use the payment method provided and that all payment information is accurate and complete. You authorize Barkly or its payment processor to charge your payment method for all applicable fees and taxes.

(d) Stored Payment Methods. Where permitted, you authorize Barkly and its payment processors to store your payment method on file. You are responsible for keeping payment information current.

(e) Non-Payment; Suspension. If payment is not received when and if due, Barkly may suspend or terminate access to the applicable Barkly service, Subscription, or the Platform. You may not withhold or delay payment based on any dispute or claim.

(f) Third-Party Providers. Certain products and services available through the Platform are provided by third-party merchants (each, a "Third-Party Provider"). We are not responsible for, cannot guarantee the performance of, disclaim all liability for, and make no representations or warranties (express or implied) as to the safety, effectiveness, adequacy, accuracy, availability, prices, or quality of any goods or services provided by any Third-Party Provider through the Platform. Any warranties or guarantees on a product or service (if any) are subject to the respective Third-Party Provider’s terms, and you agree to look solely to such Third-Party Providers for any such warranty or guarantee. Your use of any products or services provided through or by a Third-Party Provider may also be subject to the applicable terms of service and privacy policies of that Third-Party Provider.

(g) Changes to Benefits. Barkly has the right to add, modify, or eliminate any benefit or service at any time at our discretion. Barkly does not guarantee the availability of any of its benefits, and they are all subject to change at any time without notice. Your consent to receive communications under these TOS is independent of any property amenity agreement and survives the termination of any such agreement and of your account.

10. Submitted Content

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Barkly does not claim ownership of materials you make available through the Platform, including pet profiles, pet photographs, pet records, posts, comments, and other content (collectively, "Submitted Content"). However, with respect to all Submitted Content, you grant Barkly a perpetual, irrevocable, non-terminable, worldwide, royalty-free, transferable, and non-exclusive license to use, copy, store, distribute, publicly display, modify, create derivative works from, and sublicense such content (and to use the name you submit in connection with such content) for any purpose, including operating, improving, and marketing the Platform; data analysis and aggregation; product development; communicating with Users; and supporting property partners in delivering pet amenity programs. At Barkly’s sole discretion, Submitted Content may be included in the Service in whole, in part, or in modified form.

You represent, warrant, and covenant that any materials you provide do not include anything (including text, images, music, or video) for which you do not have the full right to grant the license specified in this Section. We take no responsibility and assume no liability for any Submitted Content. We have no obligation to post your comments and reserve the right in our absolute discretion to determine which Submitted Content is published on the Platform. If you do not agree to these terms, please do not provide us with any Submitted Content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Platform: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity or privacy or that would violate any law; (ii) any commercial material or content (including solicitation of funds, advertising, or marketing of any goods or services); (iii) any material or content that infringes, misappropriates, or violates any copyright, trademark, patent right, or other proprietary right of any third party; or (iv) any misrepresentation of pet ownership status, breed, vaccination status, or emotional support animal (ESA) or service animal status. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions or any other harm resulting from your posting of content to this Platform.

11. Disclaimer of Liability and Warranty

THE CONTENT, PRODUCTS, AND SERVICES PUBLISHED ON THE PLATFORM MAY INCLUDE INACCURACIES OR ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CONTENT, PRODUCTS, AND SERVICES. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY ERRORS ON THE PLATFORM. BARKLY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE PLATFORM FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE PLATFORM DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BARKLY DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE PLATFORM, THE SERVICE, OR ANY EMAIL SENT FROM BARKLY, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BARKLY, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE THIRD-PARTY PROVIDERS PROVIDING SERVICES ON THE PLATFORM ARE NOT AGENTS OR EMPLOYEES OF BARKLY OR ITS AFFILIATES. BARKLY AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH THIRD-PARTY PROVIDERS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BARKLY AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND THEIR CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL BARKLY, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THE PLATFORM OR THE SERVICE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE PLATFORM (INCLUDING YOUR RELIANCE UPON OPINIONS APPEARING ON THE PLATFORM; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE PLATFORM; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF, OR USE OF THE PLATFORM), WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BARKLY, ITS AFFILIATES, OR THEIR RESPECTIVE PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BARKLY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BARKLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE PLATFORM, ITS CONTENT, OR THE SERVICE.

To the maximum extent permitted by law, if, despite the limitation above, Barkly, its affiliates, or their respective suppliers are found liable for any loss or damage that arises out of or is in any way connected with any of the occurrences described above, then the liability of Barkly, its affiliates, and their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Barkly in connection with such transaction(s) on the Platform, or (b) One Hundred U.S. Dollars (US$100.00) or the equivalent in local currency. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these TOS is found to have failed of its essential purpose. The limitations of liability provided in these TOS inure to the benefit of Barkly, its affiliates, and their respective suppliers.

13. Indemnity

You agree to indemnify and hold Barkly (and its members, owners, officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, arising out of or related to your breach of these TOS, your violation of any law or the rights of a third party, or your use of the Platform.

14. Electronic Communications

When you use the Platform or send emails to Barkly, you are communicating with Barkly electronically. By creating an account or using the Platform, you consent to receive communications from Barkly electronically through any channel we use, including email, SMS and MMS text messages, in-app messages, push notifications, telephone calls, postal mail, and any other channel reasonably associated with your account. Barkly may communicate with you by these channels or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive operational and transactional communications (such as account, billing, security, service-availability, and amenity-related communications) is a condition of your use of the Platform and survives the termination of your account or any underlying property amenity agreement for as long as Barkly is required or reasonably needs to communicate with you regarding your former account or related obligations.

15. Text Messaging Terms

By providing your phone number in connection with the Platform, you expressly consent to receive recurring automated SMS and MMS messages from Barkly and its representatives at that phone number, and you agree that text messages may be sent using an automatic telephone dialing system, an automated system for the selection or dialing of telephone numbers, or other technology. Communications from us and our representatives may include operational and transactional communications concerning your account, your use of the Platform or Service, security alerts, billing notices, amenity-related communications, updates concerning new and existing features of the Service, and promotional offers from Barkly. Message frequency may vary. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

IF YOU WISH TO OPT OUT OF PROMOTIONAL TEXT MESSAGES, YOU MAY RESPOND DIRECTLY TO YOUR TEXT WITH THE WORD "STOP" FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. OPTING OUT OF PROMOTIONAL TEXT MESSAGES DOES NOT OPT YOU OUT OF OPERATIONAL OR TRANSACTIONAL COMMUNICATIONS, WHICH ARE NECESSARY FOR THE OPERATION OF YOUR ACCOUNT AND THE PLATFORM. FOR ASSISTANCE, CONTACT US AT INFO@BARKLYLIVING.COM.

16. Platform-Provided Email and Postings

The Platform may allow Users to send messages to other Users and non-users and to post messages on the Platform. Barkly is under no obligation to review any messages, information, or content ("Postings") posted on the Platform by Users and assumes no responsibility or liability relating to any such Postings. Barkly may from time to time monitor Postings on the Platform and may decline to accept or remove any message or Posting. You agree not to use any functionality of the Platform to post content or initiate communications that contain:

(i) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct constituting a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law; (ii) advertisements or solicitations of any kind; (iii) impersonations of others or any false information; (iv) personal information such as messages stating phone numbers, social security numbers, account numbers, addresses, or employer references; (v) messages by non-spokesperson employees, contractors, agents, or representatives of Barkly purporting to speak on behalf of Barkly or containing confidential information or expressing opinions concerning Barkly; (vi) messages offering unauthorized downloads of any copyrighted or private information; (vii) multiple messages placed within individual folders by the same User restating the same point; (viii) chain letters of any kind; or (ix) identical or substantially similar messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes (a) using Platform invitations to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Platform to connect to people who do not know you and then sending unsolicited promotional messages to those connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases.

17. Links

The Platform or third parties may provide links to other websites or resources. Because Barkly has no control over such sites and resources, you acknowledge and agree that Barkly is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Barkly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

18. Access to Password-Protected and Secure Areas

Access to and use of password-protected or secure areas of the Platform is restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the Platform may be subject to prosecution.

19. Modification and Notification of Changes

Barkly reserves the right to make changes to the Platform, the Service, related policies and agreements, and these TOS at any time. When such changes are made, we will make the new TOS available on the Platform, and your continued access or use of the Platform and Service signifies your acceptance of the updated or modified TOS.

20. Trademarks

The trademarks, logos, and service marks ("Marks") displayed on the Platform are the property of Barkly and other parties. Users are prohibited from using any Marks for any purpose, including use as metatags on other pages or sites, without the written permission of Barkly or the third party that may own the Marks. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works from, or using any content available on or through the Platform for commercial or public purposes.

21. Procedure for Claims of Intellectual Property Infringement

Barkly respects the intellectual property of others and asks our Users to do the same. Barkly may, in appropriate circumstances and at its discretion, disable or terminate the accounts of Users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Barkly with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Platform; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.

Barkly can be reached as follows:

By email: info@barklyliving.com

By mail: info@barklyliving.com (Barkly may update this contact information from time to time. You agree that changes to this contact information shall not constitute a modification to these TOS.)

22. Post-Termination Marketing

Following the termination of your account or the end of your Property-Sponsored Access, Barkly may continue to send you marketing and promotional communications for a period of up to twelve (12) months, subject to applicable law and your right to opt out of promotional communications as described in Sections 14 and 15. Operational and transactional communications related to your former account, billing, or legal obligations may continue beyond this period as reasonably necessary.

23. Survival of Terms

Notwithstanding any other provisions of these TOS or any general legal principles to the contrary, any provision of these TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these TOS. This includes, without limitation, the licenses granted in Section 10, the disclaimers and limitations in Sections 11 and 12, indemnity obligations in Section 13, communications consent in Section 14, the data ownership provisions in the Privacy Policy, and the dispute-resolution provisions in Section 24.

24. Dispute Resolution

These TOS and the relationship between you and Barkly will be governed by and enforced under the laws of the State of New Jersey, without regard to its conflict-of-law provisions. Any dispute arising out of or relating to these TOS will be resolved by binding arbitration administered through the American Arbitration Association under its Consumer Arbitration Rules. The seat of arbitration will be in the State of New Jersey.

CLASS ACTION WAIVER. YOU AND BARKLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. IF A COURT OR ARBITRATOR DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE WITH RESPECT TO ANY CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE BROUGHT IN COURT, AND ALL OTHER CLAIMS REMAIN SUBJECT TO ARBITRATION.

The failure of Barkly to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Barkly does not guarantee it will take action against all breaches of these TOS. Except as otherwise expressly provided in these TOS, there are no third-party beneficiaries to these TOS. These TOS constitute the entire agreement between you and Barkly and govern your use of the Platform and Service, superseding any prior agreements between you and Barkly with respect to the Platform and Service.

To the fullest extent permitted by applicable law, you agree to assert any claim against Barkly within one (1) year after the dispute arises, and that actions brought after that date will be deemed time-barred.

The prevailing party in any action or proceeding to enforce these TOS will be entitled to costs and attorneys’ fees. If any part of these TOS is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these TOS or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. Barkly may assign its rights under these TOS without condition. These TOS will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

25. General

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition.

Headings are for reference purposes only and do not limit the scope or extent of such section.

BARKLY LIVING PRIVACY POLICY

Your privacy is very important to us. We want to make your experience as enjoyable and rewarding as possible, and we want you to use our Platform with complete confidence. Barkly has created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how Barkly collects information from its Users, how we use the information we collect, and the choices you have concerning the collection and use of such information. Please read this Privacy Policy carefully.

Collection and Use of Information

Users are asked to provide certain information when they onboard to the Platform, such as name, address, telephone number, email address, and, in some instances, billing information (such as a credit card number). Personal information collected from Users during the registration process is used to manage each User’s account, including billing and collections.

To better understand its Users, Barkly may collect consumer, demographic, and other publicly available information from third parties. Barkly may use this data to provide product and service offers. We may use data in aggregate to negotiate additional benefits, develop products and offers, and better serve our Users.

Barkly collects information from Users who use the various parts of our Platform, including pet information (such as name, breed, age, weight, vaccination and medical records, photographs, and behavioral notes) and Platform usage data (such as pages visited, features used, session duration, device and browser information, and interaction with amenity programs). We use this information primarily to provide a customized experience as you use our Platform, to operate and improve the Platform and Service, to support property partners in delivering pet amenity programs, and for analytics, research, and product development.

Barkly may share identifying information (such as name, address, phone number, and email address) with affiliates or business partners for use in delivering product and service offers to Users. Affiliates and business partners are not allowed to use Barkly data for any purpose other than Barkly-approved programs designed to better serve Users. Barkly may also share User and pet information with property partners (including landlords, property managers, and management companies) for amenity-related, operational, security, and compliance purposes.

In instances where Barkly and a partner jointly promote the Service, Barkly may provide the partner with certain personal information as a result of the joint promotion. In that instance, the information may not be used by the partner for any other purpose. Barkly may also generate aggregate profiles from information provided during registration (such as the total number, but not the names, of Users). We may use this aggregated and non-identifying information to sell advertisements that appear on the Platform.

We may use registration information to contact you in a variety of ways. We may send you offers through email, SMS, in-app messages, push notifications, phone, or regular mail concerning Barkly products and services or offers on behalf of selected affiliates.

Personal information that we collect about you includes your full name, email addresses, phone numbers, birthdate, credit card and other payment information, billing address, home address, pet information (as described above), and Platform usage data (as described above).

We use your personal information and pet information to verify your age and identity, to review your acceptance as a User, as a necessary requirement for Third-Party Providers, for billing purposes, when we need to communicate directly with you, and for sending you marketing offers, newsletters, and other updates.

Data is stored for as long as you are a prospective, current, or past User, and as otherwise described in the data ownership and retention provisions below. Your personal data is required to become a User and to offer you appropriate services. We may perform automatic processing of your data to personalize your experience and communicate more effectively with you.

We may share your personal information with our service vendors and Third-Party Providers as a requirement for processing your use of the Platform, with payment processors to charge you correctly, with marketing partners to send you offers and updates (you can unsubscribe from these emails at any time), and with analytics providers and partners for data analysis purposes.

Data Ownership and Retention

Barkly owns all aggregated, de-identified, behavioral, usage, analytical, and derived data generated through use of the Platform (collectively, "Barkly Data"). Barkly’s rights in Barkly Data, and the licenses granted to Barkly in Submitted Content under Section 10, survive the termination of your account, the end of any property amenity arrangement, and the termination of these TOS. Barkly may continue to use Barkly Data for any lawful business purpose, including analytics, product development, partner reporting, and aggregate-level disclosures. Barkly may also share User and pet data with property partners for amenity-related and operational purposes both during and following termination, subject to applicable law.

Special Cases

It is Barkly’s policy not to use or share personal information in ways unrelated to those described above without also providing an opportunity to opt out or otherwise prohibit such unrelated uses. However, Barkly may disclose personal information or information regarding use of the Platform if, for any reason, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, regulations, or other legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our TOS or other policies; to operate the Platform properly; or to protect Barkly, the Platform, our employees, or our Users.

"Cookies" and How Barkly May Use Them

A "cookie" is a small data file that can be placed on your device when you visit certain websites. Barkly may use cookies to collect, store, and sometimes track information for statistical purposes, to operate and improve the products and services we provide, and to manage our network and property. Be aware that if you visit non-Barkly websites where you are prompted to log in or that are customizable, you may be required to accept cookies. Advertisers and partners may also use their own cookies. We do not control the use of these cookies and expressly disclaim responsibility for information collected through them.

Public Forums

Any information that you disclose in public areas of our websites or the Internet may become public information. You should exercise caution when deciding to disclose personal information in these areas.

Barkly’s Commitment to Data Security

Barkly has security measures in place to protect against the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information. We will never sell your personal information to a third party.

How to Access or Modify Your Account Information

Barkly offers Users the opportunity to access or modify information provided during registration through their account settings or by contacting us at info@barklyliving.com.

Questions About Barkly’s Privacy Policy

Questions about this Privacy Policy or the practices described herein should be directed to us at info@barklyliving.com.

Revisions to This Policy

Barkly reserves the right to revise, amend, or modify this Privacy Policy and our other policies and agreements at any time and in any manner. Any revision, amendment, or modification will be posted on the Platform.

Barkly Living Terms of Service‍