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TERMS & CONDITIONS

INTRODUCTION & ACCEPTANCE

These Terms & Conditions (“Terms”) are an agreement between you or the entity you represent (“you,” “your,” or “user”) and FOUND ME, a corporation governed by the laws of Switzerland (“Company,” ”we,” “our,” or “us”). Company owns websites found at www.foundme.com and www.found.me including all information, tools, services, products (identifiers), subscriptions, and mobile applications associated with them (collectively “Platform”).
You must read, agree to, and accept all of the terms and conditions contained in these Terms and any policies incorporated herein by reference in order to use the Platform or purchase any subscription offered through the Platform. The Terms include and hereby incorporate by reference our Privacy & Cookie Policy. By accessing or using any part of the Platform, you agree to be bound by these Terms. If you do not accept these Terms and all the policies incorporated herein by reference in their entirety, you must not use the Platform.
To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features of the Platform, without prior notice to you, by posting a revised version of the Terms and/or a notification about changes made. Any revisions to these Terms or changes to the Platform will take effect when a revised version or a notification is posted on the Platform unless otherwise stated. Your continued use of the Platform after the revision date constitutes (a) your acceptance of revised Terms and policies and/or changes in Platform and (b) agreement to be bound by any such revised terms and conditions.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence and you give us your consent to allow any of your minor dependents to use this Platform. If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, “you,” “your,” or “user” will refer and apply to that entity.

SUBSCRIPTION PLANS

Subscription Plans. In order to use all of our premium services, you will need to obtain a subscription plan (“Subscription Plan”).

Basic Plan. Description of all benefits of the Basic Plan can be found here.

Premium Plan. The Premium Subscription Plan offers a wider range of services in comparison to the Basic Plan. Description of all benefits of the Premium Plan can be found here. You will be charged a subscription fee, plus any applicable taxes and other charges (“Subscription Fee”), on a yearly basis depending on your Premium Subscription Plan. You agree that we (or our third-party payment processor) will automatically charge your credit/debit card on file at the beginning of each billing cycle using the payment information you have provided until you cancel your Subscription Plan. If you have an annual Subscription Plan, we will send you a reminder at least thirty (30) days prior to each renewal with the then-current Subscription Fee. Once a payment for the Subscription Fee is processed it may not be refunded. If you choose to cancel your subscription, it will continue to run until the end of the period for which you have already paid.
Please note that these terms and conditions are legally binding and should be carefully reviewed before entering into any subscription agreement. If a Subscription Plan has been purchased through our mobile application, all billing will be handled by the App Store (as defined below) and will be subject to the App Store’s own terms and conditions.
The Premium subscription grants access to an array of advanced functionalities, encompassing communication, text messaging, and numerous other advanced features. Payment for the subscription is processed via the APP Store upon purchase confirmation. Please note that the subscription is designed to auto-renew, with the exception that the user explicitly disables this feature at least 24 hours before the current subscription period concludes. The management of the Premium subscription’s auto-renewal option is within the purview of the user, and it can be modified in the iphone account settings following the purchase. It is strongly advised that users review the terms of use and privacy statement prior to making a purchase.

Free Trials. The Company may, at its sole discretion, offer the Premium Subscription Plan with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. We will not charge your credit/debit card on file during the Free Trial period. However, following the Free Trial period, unless you cancel your Premium Subscription Plan, you will be automatically charged the applicable Subscription Fee. At any time and without notice, the Company reserves the right to modify the terms and conditions of the Free Trial offer or cancel it altogether.
Modifications. We reserve the right to change our Subscription Fees at any time. We will provide you an advance notice if there is any increase in the Subscription Fees. We reserve the right at any time to modify or discontinue provision of our Subscription Plans with or without notice. We shall not be liable to you or to any third-party for any modification, price change, or suspension of a Subscription Plan.
How to Cancel or Change your Subscription Plan. You may cancel or change your Subscription Plan, in your Account settings. When you cancel your Premium Subscription Plan, you will be automatically reverted to the Freemium Plan. Any cancellation will be effective at the end of the then-current billing cycle. You will not receive a refund for the Subscription Fees you already paid for your current Premium Subscription Plan, however, you will be able to access our services until the end of the then-current billing cycle. If the Premium Subscription Plan has been purchased through our mobile application, you can cancel the renewal of your Premium Subscription Plan through the App Store you used for downloading our mobile application. Please keep in mind that if you remove or uninstall our mobile application from your device, it will not cancel your Premium Subscription Plan.

FOUND ME IDENTIFIERS & REGISTERING YOUR ITEMS, PETS, IMPORTANT PEOPLE OR MEDICAL INFORMATION

Ordering FOUND ME Identifiers. In order to register an item, pet, person or medical information, you must purchase a FOUND ME Identifier(s). “FOUND ME Identifiers” are Company’s products such as labels, key tags (or other types of tags), necklaces, and a medical card that display unique QR codes and serial numbers on them. These QR codes and serial numbers will help people, who find your registered items, pets, persons, or a medical card (“Finder(s)”), to contact you.
Registering FOUND ME Identifiers. Once you receive FOUND ME Identifiers, attach them to the items, pets, or people you would like to register via our Platform and follow the registration procedure via the Platform. You agree not to use any offensive, profane, harassing, libelous, abusive, threatening, harmful, vulgar words when registering your FOUND ME Identifiers.
By registering an item, medical card, pet, or person via our Platform, you confirm that:

● You are the legal owner of the registered items and/or pet;
● You have reached the of majority in the place where you reside (for most places it means that you must be at least 18 years of age in order to purchase one of our Plans);
● Your contact information such as your phone number, email address, and mailing address provided are indeed yours and are valid and accurate at all times; and
● You have obtained the permission of each person in your emergency contact list to indicate such person’s contact information in your profile and be contacted in case of emergency or loss of a pet or object.
Confidentiality of Your Contact Information. Our goal is to make our Platform safe, secure and compliant with all applicable laws. By default, your contact information is not shared with Finders.  However, you can choose which contact and medical information is publicly displayed and shared with Finders. We do not recommend making any contact information of yours available to the public. Please exercise caution in order to safeguard your identity, privacy, and anonymity by limiting contact and medical information you display to the public.  Do not indicate email addresses containing your name if you do not want to reveal your real name. You may change privacy settings at any time via your Account.
Notifications. You can choose the way you (emails, SMS / text message, or in-app notifications) are notified when your lost item, pet, medical card, or person is found. If you have our mobile application installed and you are available, you may receive an in-app chat invitation to converse with the Finder. If you are not available to chat or you simply do not want to receive an in-app notification, we will use other methods of communicating with you based on your notification preferences. Notifications preferences can be managed in your Account.
Damaged FOUND ME Identifiers. If you receive a damaged or defective FOUND ME Product, please contact our Customer Care as soon as possible and we will make every effort to replace it promptly.
Order Cancellation. We reserve the right to refuse or cancel your order of FOUND ME Identifiers at any time for certain reasons including but not limited to:

● FOUND ME Identifiers availability
● Errors in the description or prices for FOUND ME Identifiers
● Errors in Your Order Moreover, we reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

PERMISSION TO CONTACT YOU

We provide various opportunities for the persons, who found your registered item, medical card, pet or important person, to start communication with you or people on your emergency contact list. Communication can be initiated either via our mobile application, an SMS / text message, or email. You understand that we do not pre-screen or monitor any communication sent out to you and we cannot guarantee that the information you choose to publicly display will not be used for malicious purposes. This means that if you choose to continue to communicate, meet, or otherwise interact with any such persons, you will do so at your own risk. It is your personal responsibility to make sure you safely retrieve your lost items, medical card, pet, or important person.

By using this Platform for communicating with other users of the Platform, you agree that you will not send any communication that (i) is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, misleading, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language, (ii) contains any type of unauthorized or unsolicited advertising, or (iii) impersonates any person or entity, including any the Company’s employees or representatives.

SAFETY GUIDELINES

The Company strongly urges you to follow the guidelines indicated below, while personally connecting with the any person about a lost or found item, medical card, pet or important person:

● Minors shall always be accompanied by a parent or guardian when dealing with lost or found items, medical cards, pets or persons;
● Limit the contact and medical information you share with the public by choosing your privacy settings on your Account. Never share your home address, credit card information, social security number or any other document deemed sensitive.
● We recommend you to meet in public spaces such as public libraries, coffee houses, crowded parks, etc.
● Alternatively, you can ask that your item is left in a public location such as a restaurant or store if you do not wish to meet the Finder in person.

LICENSE TO USE THE PLATFORM

License. Subject to the terms and conditions of these Terms, Company grants you a worldwide, non-transferable and non-exclusive license of the right to use the Platform.
Restricted Uses. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Platform or your Account (if you have one; as defined below); (b) you shall not copy, modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform; (c) you shall not access the Platform in order to build a similar or competitive service; (d) you shall not impersonate other individuals or provide inaccurate information about yourself; (e) represent an entity without its prior authorization to do so; (f) you shall not engage in anything unlawful, misleading, or fraudulent or for illegal or unauthorized purpose; and (g) you shall not violate or encourage others to violate these Terms and policies incorporated herein by reference. Any future release, update, or other addition to any of functionalities of the Platform shall be subject to the terms and conditions of these Terms.
Moreover, you agree not to use the Platform to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data of other users, including email addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Platform (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Platform or servers or networks connected to the Platform (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Platform.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Platform or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Platform or any part thereof.

DOWNLOADING OUR MOBILE APPLICATION

When you download our free mobile application from the Apple App Store, Google Play or other app stores or app distribution platforms (“App Store“), you acknowledge and agree that: These Terms are concluded between you and us, and not with the App Store, and that we (not the App Store), are solely responsible for our mobile application. The App Store has no obligation to furnish any maintenance and support services with respect to the mobile application or handle any warranty claims. The App Store is not responsible for addressing any claims you have relating to our mobile application, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our mobile application fails to conform to any applicable legal or regulatory requirement. The App Store is a third-party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our mobile application through the App Store). You must also comply with the App Store’s terms of service when using our mobile application.
Even though our mobile application has been designed to work on both operating systems and has been tested on several phones from different manufacturers it is possible that the mobile application will not function as designed. Our Platform is mobile friendly, however, without our mobile application you will not be able to receive in-app notifications.

NOTIFICATIONS

As part of the services we provide, you may (if enabled) receive push notifications, in-app notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside our mobile application (” Notifications”). You have control over the Notifications settings, and can opt in or out of these Notifications through your Account (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for text messages depending on the message plan you have with your wireless carrier.

ACTIVITIES UNDER YOUR ACCOUNT

Accuracy of Information. You will need to register for an account on the Platform (“Account”) in order to place an order and get access to all features of the Platform. When you place an order or register for an Account, you will be asked to provide certain information about yourself. You represent and warrant that: (a) all required information you submit is truthful and accurate, and (b) you will maintain the accuracy of such information.
Confidentiality and Security of Your Login Information. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. By using your Account, you acknowledge and agree that our account security procedures are commercially reasonable. You agree to immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your login information in confidence.

REWARDS

Owner’s Reward. The owner of a lost item, pet, medical card, or person has no obligation to offer a personal reward to a Finder. If the owner elects to offer a personal reward, the Company will not be responsible for ensuring such reward is provided to the Finder.
Company’s Reward. The Company may provide non-monetary rewards to Finders. The reward can be in the form of a free Premium Subscription Plan or free FOUND ME Identifier(s). Some conditions may apply.

PROMOTIONS

Any promotions made available through the Platform may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable rules as well as our Privacy & Cookie Policy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.

INTELLECTUAL PROPERTY OWNERSHIP

We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Platform. The Platform is licensed to you; this means that the Platform is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Platform. Our name, logo, trademark, and other names associated with the Platform belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.

LINKS TO THIRD-PARTY SITES

The Platform may contain links to third-party websites (“Third Party Sites”). We do not control and have not reviewed any Third-Party Sites available from the Platform. We do not endorse and are not affiliated with any Third-Party Site. You agree that use of Third-Party Sites is at your own risk and that we have no responsibility or liability, directly or indirectly, for any content accessed at or any damage or losses you incur in connection with any Third-Party Site. We encourage you to be aware of the terms and conditions and privacy policies of any Third-Party Sites that you visit.

DISCLAIMERS

A FOUND ME Product is not a GPS system, Bluetooth, RFID, implanted chip, or electronic tracking or locating device of any kind. The Company is not an insurance company and does not offer any insurance coverage for any losses, costs, or expenses relating to the lost or found items, pets, or persons. The Platform, including our services and Subscription Plans, are provided on ‘as is’ and ‘as available’ basis. We do not warrant that your use of the Platform including the translator feature will be uninterrupted, timely, secure or error-free. Occasionally chat translations or some information on the Platform (related to Subscription Plan or FOUND ME Product descriptions, pricing, promotions, offers, availability, or estimated delivery times of our FOUND ME Identifiers) or may contain typographical errors, inaccuracies or omissions. Your use of the Platform is entirely at your own risk. If you are dissatisfied with any aspect of our Platform (including services and Subscription Plans) or with these Terms (including Privacy & Cookie Policy), your sole remedy is to cancel your Subscription Plan, remove all FOUND ME Identifiers from your items, pets, and people you registered (or not) through our Platform, and discontinue the use of the Platform.

WARRANTIES

Lifetime Warranty for Premium members: We Guarantee Each and Every Product We Make. We strive for excellence. Therefore, we develop and manufacture our FOUND ME Identifiers in such a way as to guarantee the highest quality possible and we perform multiple checks on each FOUND ME Product, manufactured at our plants. We carefully select the best raw material to ensure the durability of each item. However, if defects or problems should arise despite our great care, we want our customers to be protected through a lifetime warranty on our FOUND ME Identifiers.
All FOUND ME Identifiers have a lifetime warranty, you just need to pay for Shipping & Handing fees. Please note that our warranty coverage does have some limitations as stated below.
Below are Some General Guidelines of Our Warranty:

● Premium Subscription Plan must be active for the warranty to cover our FOUND ME Identifiers.
● Our warranty is only valid on FOUND ME Identifiers obtained through our Platform (all of our websites and mobile application) or from an authorized FOUND ME dealer.
● Normal wear and tear are not covered by our lifetime warranty.
● You will need to keep possession of your FOUND ME Product until you receive confirmation from us that your warranty claim has been approved.
● If your warranty claim is approved, you may receive a FOUND ME Product voucher to use on the Platform or a replacement at the discretion of the Company.
● You are responsible for the cost of shipping approved repairs to our repair facility.
● The Company is not responsible for any cost or damages incurred due to loss of your FOUND ME Product.
● A FOUND ME Product voucher may not be combined with any other discounts or promotions.
● All warranty claim decisions are final.
Examples of What is Not Covered by Our Warranty:

● FOUND ME Identifiers acquired from online auction sites, liquidators, consignment shops, private sellers, or other third parties are not covered by our lifetime warranty;
● Damaged FOUND ME Identifiers as a result of misuse, accident, or poor storage;
● Modified FOUND ME Identifiers; and
● Lost FOUND ME Identifiers.
No Guarantee about Condition of Items Returned. The Company makes no guarantee that any returned registered item or medical card will be returned to you in the same condition it was in at the time it was lost, misplaced, or stolen. The Company is not liable for any loss of property even if the item bears a FOUND ME Product. In the event that an item or medical card with a FOUND ME Identifier is found, and the FOUND ME Identifier has not been activated/registered via the Platform, the Company makes no warranty that it will be returned.
No Guarantee about Return of Pet. Owning a FOUND ME Identifier and an active Subscription Plan is not a guarantee that your pet will be returned to you safely. You agree to pick up your pet as fast as possible if it is found. The Company will not be held liable for how the pet is treated during its stay with the person who found it. In the event that a pet with a FOUND ME Identifier is found, and the FOUND ME Identifier has not been activated/registered via the Platform, the Company makes no warranty that it will be returned.

LIMITED LIABILITY

In no case shall Company, our directors, officers, employees, consultants, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from (a) your use of the Platform, including services and Subscription Plans, (b) your meeting with a Finder, (c) your failure to provide accurate contact or medical information in your Account or when registering a FOUND ME Identifier, or (d) any lapse in service or access to your Account caused by factors outside of the Company’s reasonable control or influence including, but not limited to, power outages, website hosting interruptions, telecommunication problems, call center interruption, mobile application problems, or  the Company’s termination and/or dissolution.
Moreover, the Company does not control or endorse the communication or information exchanged by means of the Platform between its users and, therefore, the Company specifically disclaims any liability with regard to your reliance on any such communication/information and any consequences arising from any such reliance on communication/information.
Some countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these countries, each party’s liability will be limited to the greatest extent permitted by applicable law.

PRIVACY & COOKIE POLICY

Your submission of personal information through the Platform is governed by our Privacy & Cookie Policy, which can be found at www.foundme.com/privacy_cookie_policy.

INDEMNIFICATION

You agree to indemnify, defend and hold the Company and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the policies incorporated herein by reference, or your violation of any law or the rights of a third-party.

TERM & TERMINATION

These Terms shall come into effect on the day when you first access the Platform and shall stay in effect until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Platform, or when you cancel your Subscription Plan.

If you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and/or accordingly we may deny you access to your Account.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

MISCELLANEOUS PROVISIONS

Entire Agreement. These Terms and our Privacy & Cookie Policy constitute the entire agreement between you and us with respect to the subject matters hereof and supersede all prior discussions and agreements between you and us with respect to such subject matters.
Modifications. No modification or amendment to these Terms shall be binding upon Company unless in a written instrument signed/executed by a duly authorized representative of Company.
No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms; and (b) electronic records to store information related to these Terms or your Subscription Plan. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by Company via email (to the email address that you provide), (b) a posting on the Platform or (c) by you via email to legal@foundme.com or to such other email addresses as Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Governing Law. These Terms shall be governed by the laws of Switzerland without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in Switzerland for the purpose of litigating all claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.
Translation Interpretation. These Terms and our Privacy & Cookie Policy may have been translated to the language of your preference. You agree that the original English text shall prevail in the case of a dispute.
International Use. The Platform is operated from Switzerland. By electing to access the Platform from any jurisdiction outside of Switzerland, you accept full responsibility for ensuring that your use of the Platform (including services and Subscription Plans) is in compliance with all laws applicable within jurisdiction of the place you are resident of. The Company makes no representation that products and services available on or through the Platform are appropriate or available for use in jurisdictions outside of Switzerland. You are not permitted to access the Platform from any jurisdiction in which accessing the Platform is illegal.

CONTACT US

Should you have any questions about these Terms, contact us at:
Email:  legal@foundme.com