Welcome to Hey Pawfriends (hereinafter referred to as “Platform”), an innovative marketplace connecting pet influencers with businesses for promotional activities. The Platform, accessible at www.heypawfriends.com, serves as a medium where businesses can collaborate with pet influencers to create engaging content that promotes products and services tailored to pet lovers.

These Terms and Conditions, along with our Privacy Policy and Refund Policy (which are incorporated here by reference), govern your use of the Platform and services provided by Hey Pawfriends. By accessing or using any part of the Platform, you agree to these Terms and Conditions.

By registering an account, browsing our website, engaging with content, or utilizing any services offered through Hey Pawfriends, you signify your irrevocable acceptance of these Terms and Conditions. If you do not agree to these terms, you must not use our services. Continued use of the Platform following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

Hey Pawfriends reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. Material changes will be determined at our sole discretion, but may include changes to our business model, introduction of new services, or changes required by law. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platform following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

The Platform is intended solely for users who are 18 years of age or older, and any registration by, use of, or access to the Platform by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using the Platform, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this agreement. Hey Pawfriends may, in its sole discretion, refuse to offer the Platform to any person or entity and change its eligibility criteria at any time.

To access certain features of the Platform, you must register for an account. When registering, you must provide accurate and complete information, and keep your account information updated. You are solely responsible for the activity that occurs on your account, and for keeping your account password secure. You may never use another person’s user account or registration information for the Platform without permission. You must notify Hey Pawfriends immediately of any breach of security or unauthorized use of your account. Hey Pawfriends will not be liable for any losses caused by any unauthorized use of your account.

Hey Pawfriends offers various subscription levels to businesses that wish to access premium features on the Platform. These subscription services are billed on a recurring basis, and you agree that Hey Pawfriends can process such payments using the payment method you have provided. Subscriptions may be offered on a monthly or annual basis, and different tiers may provide varying levels of access to the Platform’s features. Details of these subscription services, including benefits and pricing, are available on the Platform. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will need to resubscribe to access the Platform’s services.

Fees for our subscription services and any other charges you may incur in connection with your use of the Platform, such as taxes and possible transaction fees, will be charged on a subscription basis and at the point of purchase for paid campaigns. We accept payments through various methods, which are detailed on our Platform. All transactions are secure and encrypted, and your billing information is kept private from third parties. It is your responsibility to ensure timely payment of all fees. Delays in payments may result in a temporary suspension of your access to subscription services until payment is received.

The terms governing refunds are detailed in our separate Refund Policy, which is incorporated herein by reference. Refunds are typically processed under certain circumstances, such as platform issues or dissatisfaction with our services, provided that the customer has not utilized their allocated quota for the month. The Refund Policy document provides a comprehensive outline of scenarios under which refunds may or may not be granted. Please refer to this document to understand the procedures and eligibility for requesting a refund.

As a user of the Platform, you agree to comply with all local, state, national, and international laws and regulations applicable to your use of the services. You are solely responsible for all acts or omissions that occur under your account, including the content of your transmissions through the Platform. Furthermore, you undertake not to engage in unacceptable use of the Platform, which includes, without limitation, use of the Platform to:

• Disseminate or transmit unlawful, abusive, harassing, or otherwise objectionable material.
• Gain unauthorized access to other computer systems through the Platform.
• Interfere with any other person’s use and enjoyment of the Platform.
• Engage in any commercial activities, including advertising or offering to sell goods and services.

9.1 Pet Suitability

You agree to follow all guidelines provided by Hey Pawfriends when submitting content (such as photos, videos, and captions) for campaign purposes. The submitted content must not infringe on any copyrights, trademarks, or other intellectual property rights of any third party. The Platform reserves the right to review, approve, or reject any content submitted by users. Approval of content by businesses does not transfer any intellectual property rights but serves as a confirmation that the content meets campaign requirements and adheres to our content guidelines.

11.1 Ownership and Licensing: While Hey Pawfriends asserts its proprietary rights over the platform and its services, it acknowledges and respects the intellectual property rights of its users. By using the Platform, you retain ownership of any content you submit, post, or display on or through the Service (“User Content”). You grant Hey Pawfriends a non-exclusive, worldwide, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, and promote this User Content on the Platform solely for the purposes of operating, promoting, and improving the Platform. This license is for the primary objective of showcasing your content to the community and ensuring the functionality of our services.

11.2 Rights of Influencers and Attribution: Influencers and content creators retain all rights to their User Content submitted to the Platform. In granting the aforementioned license,  

11.3 Restrictions on Brands and Businesses Usage: Brands and businesses are not permitted to repost or utilize User Content from the Platform as their own without explicit consent. Unless a separate agreement is in place or a usage fee is paid to the content owner, any reposting or use of User Content by brands or businesses must include due credit to the influencer’s social media account or specified attribution as determined by the content owner.

11.4Compliance and Representations: As a user, you represent and warrant that you are the sole author and owner of your User Content or have all necessary licenses, rights, consents, and permissions to authorize Hey Pawfriends and other users to access and use your User Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Hey Pawfriends, its services, and these Terms. By posting User Content on the Platform, you agree to comply with all legal and contractual requirements, including but not limited to those relating to intellectual property rights of third parties.

Hey Pawfriends may allow you to upload, post, or otherwise make available content such as images, text, or other material (“User-Generated Content”) that may be viewed by other users. You are solely responsible for your User-Generated Content, including its legality, reliability, and appropriateness. By posting User-Generated Content on the Platform, you represent and warrant that you have the right to post it and that it complies with all legal and contractual requirements.

13.1 Campaign Creation and Responsibilities: Businesses using Hey Pawfriends are responsible for defining the objectives, scope, and requirements of their campaigns. This includes setting clear guidelines on deliverables, timelines, and compensation for pet influencers. Businesses must ensure their campaigns comply with all applicable laws and ethical standards.

13.2 Influencer Obligations: Pet influencers are expected to meet the specific requirements outlined in each campaign, including timely submission of content and adherence to stipulated guidelines. Influencers must ensure all content is original and respects intellectual property rights.

13.3 Content Review and Adjustments: Businesses are required to review submitted content promptly and provide feedback or approval. Adjustments to campaigns should be communicated clearly and may necessitate renegotiation of terms if significant changes are required.

Hey Pawfriends employs an algorithm-based matching system designed to connect businesses with pet influencers based on specified criteria such as campaign needs, influencer reach, and demographic alignment. This process aims to facilitate optimal matches, though Hey Pawfriends does not guarantee the effectiveness of any match made through the Platform. Users are encouraged to perform their own due diligence to ensure that any match meets their specific needs and expectations.

As a user of Hey Pawfriends, you are expected to perform all activities on the Platform with professionalism and integrity. Businesses and pet influencers must ensure that their interactions and transactions are conducted in a manner that is respectful, fair, and compliant with applicable laws. The Platform reserves the right to review user conduct and, if necessary, take appropriate action, including suspension or termination of accounts for behavior that violates these Terms and Conditions.

In the event of a dispute arising between users (businesses and pet influencers) or between a user and Hey Pawfriends, the parties are encouraged to resolve the conflict informally at first. If resolution cannot be reached, the dispute may be submitted to an independent arbitrator agreed upon by both parties. All disputes will be governed by the laws of Malaysia, and the arbitration will be conducted in English. The decision of the arbitrator will be considered final and binding on all parties.

Hey Pawfriends shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

17.1 Non-Liability for Pet Health Issues

Hey Pawfriends shall not be liable for any illness, injury, or health complication that may arise from the use of products or services obtained through the Platform. This includes but is not limited to allergic reactions, food sensitivity, and any other medical or health issues related to items received or services used. Responsibility for the assessment of product or service suitability and the management of any risks associated with their use lies solely with the pet owner.

The services provided by Hey Pawfriends are available on an “as is” and “as available” basis. Hey Pawfriends does not warrant that the Platform will be uninterrupted, secure, or free from errors; nor does it make any warranty as to the results that may be obtained from use of the Platform. No advice or information, whether oral or written, obtained from Hey Pawfriends or through the Platform, will create any warranty not expressly made herein.

You agree to defend, indemnify, and hold harmless Hey Pawfriends, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the Platform; (ii) your breach of these Terms and Conditions; (iii) your violation of any rights of another, including without limitation to intellectual property rights; or (iv) your conduct in connection with the Platform.

Hey Pawfriends reserves the right to terminate or suspend your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. Termination may result from violations of these Terms and Conditions, requests by law enforcement or other government agencies, discontinuance or material modification of the Platform, unexpected technical issues or problems, and prolonged inactivity. Upon termination, all rights granted to you in these Terms and Conditions will immediately cease.

Users of Hey Pawfriends must maintain the confidentiality of information obtained through the Platform, including business plans, data, and the personal information of other users. Unauthorized disclosure or use of this information is strictly prohibited and may result in termination of your access to the Platform and legal action.

Our commitment to your privacy is paramount. The collection, use, and sharing of personal information provided by users of Hey Pawfriends are detailed in our Privacy Policy, which is incorporated by reference into these Terms and Conditions. We take reasonable precautions to protect personal information from misuse, loss, unauthorized access, and unauthorized disclosure. Please refer to our Privacy Policy for detailed information on how we handle user data and uphold data protection laws.

Hey Pawfriends utilizes cookies to improve user experience, track website usage, and manage site traffic. Detailed information about the use of cookies, how they are managed, and how they affect your device and your privacy are available in our Cookie Policy, which forms part of these Terms and Conditions. By using the Platform, you agree to the use of cookies in accordance with our Cookie Policy.

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. By using the Platform, you agree to submit to the exclusive jurisdiction of the courts located within Malaysia for the resolution of any disputes arising out of or relating to these Terms and Conditions or your use of the Platform.

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

These Terms and Conditions, together with the Privacy Policy and Cookie Policy and any amendments and any additional agreements you may enter into with Hey Pawfriends in connection with the Platform, shall constitute the entire agreement between you and Hey Pawfriends concerning the Platform. They supersede all prior or contemporaneous negotiations, discussions, or agreements between you and Hey Pawfriends about the Platform.

No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Hey Pawfriends’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

Hey Pawfriends welcomes your questions, comments, and feedback regarding these Terms and Conditions. Please feel free to contact us by sending an email to hello@heypawfriends.com. Your feedback is important to us, and we will make reasonable efforts to address any concerns or suggestions that you bring to our attention.