Terms of Use of the Dog Tracker app


  1. Introduction
  2. Conditions of use
  3. Workings of the Tracker
  4. Informing third parties if your dog goes missing
  5. Costs
  6. Obligations of the provider
  7. User cooperation and obligations – particularly breach of third-party industrial property rights
  8. Support and warranty
  9. Liability
  10. Force majeure
  11. Life of the Agreement and termination
  12. Privacy
  13. Responsibility – Property rights
  14. Subcontractors
  15. Amendments and supplements
  16. Concluding provisions


1. Introduction

1.1 The purpose of the Fressnapf Dog Tracker is to promote the health and safety of your dog. Our Dog Tracker rests on a holistic concept that is essentially based on an awareness of your pet’s specific needs.

1.2 The application has a variety of functions to fulfil these goals; specifically, by locating your dog via GPS signal on the Dog Tracker, it is possible, in principle, taking its individual data into account – particularly its weight, size, race and gender – to optimise its activity. For instance, in future, you can use the Dog Tracker the better to tailor the length and duration of its daily walks to its specific needs.

1.3 The Dog Tracker is also designed to increase your chances of relocating your dog if it should go missing.

1.4 Finally, information about products offered by Fressnapf and its partners that seem interesting for you and/or your pet form an integral part of our Dog Tracker.

1.5 The Dog Tracker is provided based on these Terms of Use, with the respective contractual partners identified as users hereinafter. Use of the Dog Tracker is conditioned upon consent to these Terms of Use. The user’s consent to the validity of these Terms of Use is queried during download of the app.


2. Conditions of use

2.1 The Dog Tracker app is required to receive the GPS signal broadcast by our Dog Tracker, and to use the additional functions of the Dog Tracker. The Dog Tracker can be used within the territory of the Federal Republic of Germany. It may also be used in the Netherlands, Austria, Denmark, Spain, Italy, Romania, Hungary, the Czech Republic, Portugal and the United Kingdom. Using the Dog Tracker app requires an electronic device (e.g. a smartphone or tablet) with the aid of which you must log into the Fressnapf Customer Account to access the Dog Tracker app. Fressnapf is not required to provide you with an electronic device The user also needs an Internet connection since certain displays and calculations require access to the provider’s servers. The precise system requirements can be found in the App Store.

2.2 To use the Dog Tracker app, you must have (or register for) a Fressnapf Customer Account. If you should delete an existing Fressnapf Customer Account after downloading the Dog Tracker app, from the point of deletion you will no longer be able to make use the Fressnapf Dog Tracker as intended. In this case specifically, you will no longer have access to your dog’s activity data stored as part of your use of the app. The same holds true if you fail to register for a Fressnapf Customer Account at some point in time. There is no entitlement to a refund of the purchase price in either case. This shall be without prejudice to any rights of rescission and revocation under law.

2.3 To enable proper use of the Dog Tracker, when usage begins, you must correctly complete all information marked as mandatory on the registration screen; this information relates specifically to your dog’s health. The data queried are specifically the dog’s name, gender, castration or sterilisation status, race, weight, along with any allergies, diseases and intake of medicines. If your dog has a Findefix identification number, you can enter this as well.

2.4 Specifically to notify you of your pet’s whereabouts on different channels in the event it should go missing, you will be asked to enter your contact details in connection with the Dog Tracker app. These data include your name, address, e-mail address and telephone number. Further details can be found in the relevant privacy policies.

2.5 In your own interest and that of your dog, you should check and, if necessary, update your dog’s data as well as your contact details at regular intervals.


3. Workings of the Tracker

3.1 Our Dog Trackers have three main functions: Determining your dog’s whereabouts, qualified recommendations with regard to its activity, and needs-based information about products of likely interest to you or your pet.

3.2 In individual cases, the Dog Tracker is designed to increase the likelihood of locating your dog if it should go missing. As finding your pet is a function of numerous different factors beyond the influence of Fressnapf, Fressnapf cannot offer any guarantee that the effort will be successful.

3.3 The recommendations we provide you – based on the data provided by you and generated by the Dog Tracker as well as our own expertise – are non-binding. The user is has an obligation to check the correctness, completeness and relevance of advertisements and recommendations resulting from the app. Under no circumstances may the user accept advertisements and recommendations without verifying them him- or herself. If problems, errors or discrepancies should arise during use of the app, the user shall use any means suitable to bring this immediately to the attention of Fressnapf. At the provider’s request, the user shall provide details relative to his or her notification and assist the provider with analysis of the problem. As your dog’s state of health is a function of a variety of factors, and because Fressnapf specifically cannot verify the correctness of the entries you make, Fressnapf does not provide any assurances that the recommendations made will actually improve your dog’s state of health.


4. Costs

4.1 Use of the Dog Tracker shall not be subject to any regular payments for the first two years following its purchase. Specifically, this period is not subject to the terms of a paid subscription. Download of the Dog Tracker app is decisive for determining this period of time. For the period thereafter, the provider reserves the right to charge a usage fee in exchange for providing the Dog Tracker app.

4.2 The purchase price for the Tracker is lower than the price we would have charged if not for use of the technical infrastructure of the Fressnapf Customer Account for its operation. The following privacy information and terms of use govern data processing in connection with use of the Customer Account.


5. Obligations of the provider

5.1 The provider grants the user a non-exclusive right to use the app; this right is temporally and spatially limited to the duration and scope of the contractual relationship. All limitations communicated to the user by the provider, upon or prior to conclusion of the contractual relationship or acquisition of the Dog Tracker, shall be dispositive.

5.2 The provider grants the user the rights of use to the app as described above. The provider guarantees that the provider itself has the necessary rights of use and has the right to transfer these to the user.

5.3 The provider covenants, further, to ensure the availability of the app in accordance with the provisions of these Terms of Use. The provider endeavours to ensure that the app will be usable with as few interruptions as possible. The usability of the app may be temporarily restricted, particularly in connection with maintenance work. The provider will attempt to carry out planned maintenance work during times of low usage, and, where possible, to inform the user of any relevant restrictions on the possibility of use.

5.4 In the event of app problems or malfunctions, the user can contact the provider that supports the user (first-level support).


6. User cooperation and obligations – particularly breach of third-party industrial property rights

6.1 During the term of the contractual relationship, the user is obliged to comply with all requirements of these Terms of Use as well as all other requirements of the provider, as communicated to the user by the provider. The user will refrain from all steps and actions that endanger the stability and security of the Dog Tracker app or the Customer Account required for its use.

6.2 The user will inform the provider at once if claims are asserted against the user for infringement of industrial property rights in connection with use of the app. In this case, the provider will defend the user against the alleged breach at its own expense. At the provider’s request, the user will provide the provider with any support needed to mount an effective defence against corresponding claims.

6.3 If it turns out that the user’s behaviour was a factor in the alleged infringement of third-party industrial property rights, and specifically if the user did not comply with the specifications and restrictions of these Terms of Use, the user will reimburse the provider for all damages and legal defence costs incurred as a result.


7. Support and warranty

7.1 The provider warrants that the Dog Tracker fulfils the main functions communicated to the user, complies with the recognised rules of technology and is not affected by errors that negate or minimise the value or suitability for ordinary use or use as envisioned under the contract (defects). The warranty does not extend to damages and/or disruptions of the kind caused when a user violates the provisions of these Terms of Use.

7.2 The provider does not guarantee that the app meets the needs of the user, or of his or her dog. Given the complexity of such systems, the user is aware that it is not possible to provide a completely error-free system, and that provision of the app with no interruptions whatsoever is impossible. Accordingly, neither is contractually owed.

7.3 The provider warrants that the app is free from third-party rights that restrict or preclude its use in keeping with the scope as stipulated by contract. If contractual use of the app is impaired by third-party industrial property rights, the provider has the right, to an extent reasonable for the customer, either to modify the app so that it is no longer subject to said protections, or to secure a permission that would ensure that the app can be used as contractually agreed, free from restrictions or additional costs to the customer.

7.4 If defects occur during free use of the app, the user can lodge claims for the elimination of defects if he or she documents the defects and reports these to the provider. The provider is obliged to make reasonable efforts to remedy any material defects reported that significantly impair the use, without the user being able to press a claim for remedy of a defect within a specific period of time. Specifically, elimination of defects through provision of new versions shall be deemed to suffice. Further warranty claims shall be considered only in the event of fraudulent concealment of a defect.


8. Liability

8.1 Unless otherwise stipulated in the provisions below, Fressnapf as well as the user shall have liability towards one another in accordance with the general provisions of statute.

8.2 Under gross negligence, the liability of the contractual partners is limited in amount to the foreseeable damage.

8.3 Where the application is provided free of charge, the provider is liable for non-accidental conduct only; any liability for negligence, including gross negligence, is precluded.

8.4 The above limitations of liability do not apply in the event of injury to life, limb or health, with regard to obligations the fulfilment of which renders proper performance of the contract possible to begin with and upon observance of which the user may regularly rely (so-called cardinal obligations); if Fressnapf has assumed a guarantee, and in the case of claims for which unrestricted liability is mandatory by law, this applies specifically to claims arising from the German Product Liability Act (ProdHG) and the General Data Protection Regulation (GDPR).


9. Force majeure

9.1 In the event of force majeure, the provider will not be obliged to maintain usability of the app or to comply with the promised availability if this renders provision of services by the provider impossible or unreasonably difficult.

9.2 Force majeure includes all unforeseeable events occurring through no fault of the provider and that cannot be avoided in spite of due diligence, and the consequences of which could not be averted. In particular, natural disasters and strikes are to be regarded as force majeure.

9.3 If it should become impossible to provide services for longer than one month, the contractual relationship will be suspended in its entirety; both Parties have a special right of termination, subject to a period of notice of two weeks. The special right of termination can no longer be exercised if the impossibility of providing the service no longer exists.


10. Life of the Agreement and termination

10.1 This contractual relationship is initially concluded for two years from the date of purchase of the Dog Tracker. The following provisions apply to a termination of the contractual relationship.

10.2 The user may terminate his or her use of the app at any time without notice. The provider reserves the right to discontinue provision of the app and the usage relationship at any time without stating reasons.

10.3 This shall be of no consequence with respect to the right of extraordinary termination.

10.4 The end of the contractual relationship marks the expiry of the user’s right to use the app. The provider is entitled to block access to the app at the end of the contractual relationship.


11. Privacy

We collect, process and use your personal data in connection with the purchase and use of the Dog Tracker. You will be informed about the data processing processes that occur in this respect, and specifically about the data protection claims to which you are entitled, within the framework of separate privacy policies.


12. Responsibility – Property rights

Fressnapf Tiernahrungs GmbH is the sole operator of the Dog Tracker app. The provider reserves all existing property rights in this respect.


13. Subcontractors

13.1 The provider is entitled to commission third parties to perform services owed by the provider under these Terms of Use. Specifically, the provider is entitled to transfer to a third party the provision of all services provided to the user.

13.2 Irrespective of the provision of services by third parties, the provider shall in principle remain obliged to comply with the provisions of contract vis-à-vis the user. However, the provider is entitled to transfer the contractual relationship, with all rights and obligations, to another company within the framework of the change in the sales structure, provided that the following conditions are met. The user hereby declares, in advance, his or her consent to such a transfer of contract; this consent is freely revocable at any time. The provider will inform the user of an intended transfer of contract in text form, with a notice period of three months, expressly informing the user of the possibility of revoking the consent previously granted. The provider must further see to it that the user’s future contractual partner is entitled, and able, to fulfil the obligations arising from this Agreement based on corresponding contractual arrangements with the provider.


14. Amendments and supplements

14.1 Amendments or supplements to these Terms of Use are subject to an agreement between the parties that is valid only if done in text form. The requirement of written form shall also apply to waivers of this written-form requirement. Unless otherwise stipulated by law, e-mail satisfies the text-form but not the written-form requirement. This shall not limit in any way the option of individual agreements that deviate from these Terms of Use.

14.2 The provider is entitled to unilaterally amend and/or supplement these Terms of Use with future effect insofar as this is necessary to safeguard the legitimate interests of the provider, and specifically when introducing new functions of the app. In this case, the user will be notified of the amendments or supplements, subject to a period of notice of at least three months. If the user does not object to the validity of the new Terms of Use within two weeks of the notification (objection period), the amended Terms of Use will be deemed to have been accepted by the user. In its notification, the provider will point out the right to object and the significance of the objection period. In the event of an objection, the user may continue to use the app pursuant to the previous version of the Terms of Use, but the provider is entitled to terminate the use.


15. Concluding provisions

15.1 In the event that any of the individual provisions contained in these Terms of Use should be or become invalid or unenforceable, this shall have no bearing upon the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to capturing the meaning of the invalid or unenforceable provision. The same shall apply if the Parties should subsequently determine that the provisions of the Terms of Use are incomplete.

15.2 The user is not entitled to assign a claim arising out of or in connection with the contractual relationship without the prior written consent by the provider to entrepreneurs who acquire the claim for commercial purposes.

15.3 The contractual language applicable hereto shall be German. These provisions shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The applicability of mandatory standards of your habitual country of residence when the Agreement is concluded remains unaffected by this choice of law.