End User License Agreement

for the

"Walk the dog - Daily Paws"

App

Provider

M*I*S*T – Meßmer Innovation Services & Technology GmbH

Huettenstrasse 205

50170 Kerpen, Germany

Authorized representatives: Rolf Meßmer (Managing Director)

E-Mail-Address: info@mist.com

Imprint: https://m-i-s-t.com/de/inprint

Purpose of the app

Walk the Dog – Daily Paws helps users establish a regular exercise routine by walking a virtual dog. The app offers features for planning and documenting walks, as well as displaying shared progress and the virtual dog's grooming status.

The app is intended for personal motivation and leisure activities. It does not promise any specific health, athletic, or personal success.

No substitute for professional advice

The app does not offer medical diagnosis, treatment, or individual training advice. Displayed exercise goals are part of the virtual support concept and not personalized health recommendations.

The app can help you reflect on your daily routine regarding regular walks. However, it does not assess whether a user is suitable for keeping a real dog. Virtual dog profiles and exercise goals are not a substitute for veterinary or expert advice on keeping real dogs.

User responsibility

Users should adjust the duration, intensity, and location of their walks to their personal circumstances and the actual conditions. If there are any health concerns, medical advice should be sought before starting or increasing physical activity.

When using the app, particular attention must be paid to road traffic, weather, terrain, and local regulations. The app must not be used in a way that compromises your own safety or the safety of others. Virtual destinations and reminders do not obligate you to undertake a walk under unsuitable conditions.

Legal rights against the provider remain unaffected.

Errors and no guarantee of results

The accuracy and availability of time, step, distance, and route data can be affected by factors including device sensors, location services, permissions, power-saving settings, and the availability of Apple system services. Therefore, recordings and reminders may be delayed, incomplete, or inaccurate.

The app is not an emergency, monitoring, or security-related navigation system. No specific progress in movement or the establishment of a lasting routine is guaranteed. The agreed-upon specifications of the app, as well as statutory warranty and consumer rights, remain unaffected.

Virtual dog and game mechanics

Dogs, grooming status, points, milestones, and dog-sitting features are virtual components of the app. They do not represent actual pet care or the placement of a real dog.

Neglecting to care for your virtual dog can affect its care status, according to the rules explained in the app. Currently, after five consecutive calendar days without care, the virtual dog will be archived and can no longer be actively cared for. A dog sitter can then take over care according to the established rules.

These mechanisms do not assess the user's personal value or their actual suitability for keeping a dog.

Data protection and data storage

The app primarily processes settings, virtual dog profiles, and walk and progress data. With appropriate permission, location and Apple Health data are also used for the respective functions.

App data is currently stored locally. A separate iCloud synchronization of app data is not currently implemented. This is distinct from Apple system services, device backups, and communication between iPhone and Apple Watch.

Details regarding data types, purposes, permissions, and data subject rights are contained in the separate privacy policy for Walk the dog – Daily Paws. Agreement to this license agreement does not replace any potentially required data protection consent.

Data storage and deletion

Users can remove the app from their device. This will generally remove locally stored app data; however, data in Apple Health, existing device backups, or on connected devices may remain and may need to be managed separately.

Archiving a virtual dog within the app does not delete the associated data. Further information regarding data storage and deletion can be found in the app's privacy policy.

License

The provider grants the user a simple, non-exclusive, and non-transferable right to use the app on compatible Apple devices owned or controlled by the user. Use is governed by this agreement and the applicable Apple Media Services Terms of Service. Permitted uses via Family Sharing or Volume Licenses remain unaffected.

The app is licensed, not sold. Rights to the software and its content remain with the respective copyright holders. Duplication, redistribution, sublicensing, or reverse engineering is only permitted to the extent allowed by this agreement, applicable Apple terms and conditions, or mandatory law.

Apple App Store and Apple system services

When the app is obtained via the Apple App Store, Apple's applicable terms and conditions also apply. Where Apple's terms and conditions take precedence, they remain unaffected.

Apple is not the provider of this app. The respective Apple terms and conditions apply to the App Store, iCloud, Apple Account, payment processing, and Apple system services.

Liability

For defects in the app and for claims for damages, the statutory provisions apply. Statutory consumer rights remain unaffected.

Updates and changes

The provider will provide legally required updates, including necessary security updates, and will inform users about these updates in accordance with legal requirements.

Changes to features or terms of the contract will only be made in accordance with applicable legal requirements. This section does not grant an unrestricted right to reduce or discontinue agreed-upon services. Statutory rights to information, consent, and termination remain unaffected.

Final Provisions

German law applies to the extent permitted by law. Mandatory consumer protection regulations remain unaffected.

Should any provision of this EULA be or become invalid, the validity of the remaining provisions shall remain unaffected.

Contact: info@mist.com