Terms of Service

1. Introduction and Acceptance

Welcome to Everkin! These Terms of Service ("Terms") are a legal agreement between you ("you" or "User") and Ghost Labs LLC, a New York limited liability company ("Ghost Labs," "we," "us," or "our"). These Terms govern your access to and use of the Everkin mobile application, website at everkin.io, and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Definitions

• "Content" means any text, images, photos, audio, data, or other materials.
• "User Content" means any Content that you upload, submit, or transmit through the Service, including pet photos, health records, notes, and other data.
• "Insights" means any trends, correlations, patterns, summaries, or other algorithmically generated observations derived from User Content by the Service.
• "Service" means the Everkin mobile application, the everkin.io website, and all related tools, features, and services.
• "Household" means a group of one or more Users who share access to a common set of pets and pet data within the Service.
• "Household Owner" means the User who created the Household or who has been designated as the primary administrator.
• "Household Member" means any User who has been invited to and accepted membership in a Household.
• "Caregiver" means a User who has been granted temporary, limited access to a Household's pet data (e.g., a pet sitter or dog walker).
• "Subscription" means a paid plan that unlocks premium features of the Service.

3. Eligibility

You must be at least 13 years of age to use the Service. If you are located in the European Union, European Economic Area, or the United Kingdom, you must be at least 16 years of age. If you are between the minimum age and the age of majority in your jurisdiction, your parent or legal guardian must agree to these Terms on your behalf.

We do not knowingly collect personal information from children under 13. If we discover that a child under 13 has created an account, we will promptly delete that account and associated data. See our Privacy Policy for more information.

4. Account Registration and Security

4.1 Account Creation

To use the Service, you must create an account using a valid email address or a supported third-party authentication provider (currently Google and Apple Sign-In). You agree to provide accurate, current, and complete information during registration.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately at security@everkin.io if you suspect unauthorized access to your account. Ghost Labs is not liable for any loss arising from unauthorized use of your account.

4.3 Household Model

The Service uses a Household-based data model. When you create an account, you are placed into a Household. You may invite other Users to join your Household, granting them access to shared pet data. The Household Owner is responsible for managing membership and data access within the Household.

5. Subscription and Payment

5.1 Free and Premium Tiers

The Service offers a free tier with core functionality and optional premium Subscription plans with additional features. Premium features, pricing, and plan details are displayed in the app and on everkin.io before purchase.

5.2 Apple In-App Purchase

Subscriptions are processed through Apple's In-App Purchase system. By subscribing, you also agree to Apple's terms of service for in-app purchases. All billing, renewal, and refund inquiries for iOS Subscriptions must be directed to Apple.

5.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel at least 24 hours before the end of the current period. You can manage or cancel your Subscription through your Apple ID account settings.

5.4 Price Changes

We may change Subscription pricing at any time. For existing subscribers, price changes take effect at the start of the next billing period following notice. If you do not agree with a price change, you may cancel your Subscription before it renews.

5.5 No Refunds

Except as required by applicable law or Apple's refund policies, payments are non-refundable. Canceling a Subscription does not entitle you to a refund for the current billing period.

6. Acceptable Use Policy

You agree to use the Service only for its intended purpose of pet health tracking and management. You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
• Impersonate any person or entity or misrepresent your affiliation;
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service or its underlying infrastructure;
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
• Use the Service to transmit spam, malware, or other harmful code;
• Scrape, mine, or extract data from the Service through automated means without our written consent;
• Use the Service to harass, abuse, stalk, threaten, or intimidate any person;
• Circumvent or disable any security, authentication, or content-protection features of the Service;
• Resell, sublicense, or commercially exploit the Service without our express written permission.

7. Permitted Use — Animals Only

7.1 Intended Use

The Service is designed and intended exclusively for tracking the health, care, and well-being of domestic animals and pets. The Service is not intended, designed, or licensed for use with human health data of any kind.

7.2 Prohibition on Human Health Use

You agree not to use the Service to record, store, track, or manage any human health information, including but not limited to medical records, symptoms, diagnoses, prescriptions, treatments, or health-related observations pertaining to any human being.

7.3 Not a Human Health Platform

The Service is not a covered entity or business associate under the Health Insurance Portability and Accountability Act (HIPAA). The Service is not approved or cleared by the U.S. Food and Drug Administration (FDA) and is not a medical device. No feature of the Service is intended to diagnose, treat, cure, or prevent any disease or condition in humans.

7.4 Disclaimer of Liability for Misuse

Ghost Labs expressly disclaims any and all liability arising from the use of the Service to record, store, or manage human health data. You agree to indemnify, defend, and hold harmless Ghost Labs and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service for any human health purpose.

7.5 Enforcement

Use of the Service for human health purposes constitutes a material breach of these Terms and may result in immediate termination of your account without notice.

8. Prohibited Content

You agree not to upload, post, share, or transmit any User Content that:

1. Contains child sexual abuse material (CSAM) or any sexual content involving minors. We report all apparent CSAM to the National Center for Missing & Exploited Children (NCMEC) as required by federal law (18 U.S.C. 2258A).
2. Is illegal under applicable local, state, national, or international law;
3. Infringes the intellectual property, privacy, or other rights of any third party;
4. Contains malware, viruses, trojan horses, or any other harmful or destructive code;
5. Is harassing, threatening, abusive, defamatory, or discriminatory;
6. Is fraudulent or deceptive, including impersonation or phishing;
7. Contains explicit sexual content unrelated to legitimate pet health documentation;
8. Promotes violence, terrorism, or self-harm;
9. Contains personal or sensitive information of another person without their consent.

9. Content Moderation and Enforcement

9.1 Right to Review

Ghost Labs reserves the right (but has no obligation) to review, monitor, screen, or remove User Content at our sole discretion and at any time, for any reason or no reason, without notice to you.

9.2 Automated Content Screening

As a condition of using the Service, you consent to the automated screening of User Content, including images and text, before or after upload. Ghost Labs may employ the following automated measures:

• (a) Image Safety Screening: We may employ automated content safety services, including third-party APIs, to detect and flag potentially illicit, exploitative, or otherwise prohibited visual content.
• (b) CSAM Detection: We may employ automated tools specifically designed to detect child sexual abuse material (CSAM) in uploaded images. Any apparent CSAM will be reported to the National Center for Missing & Exploited Children (NCMEC) as required by federal law (18 U.S.C. 2258A), and all relevant information will be preserved and disclosed as required.
• (c) Rate Limiting and Abuse Detection: We may employ automated systems to detect and prevent abuse patterns, including but not limited to excessive household invitations, bulk account creation, automated data submission, and other behaviors indicative of platform manipulation.
• (d) Additional Automated Tools: We may employ additional automated screening, filtering, or detection tools as reasonably necessary to enforce these Terms and protect the integrity of the Service.

9.3 Reporting and Cooperation with Law Enforcement

We will cooperate with law enforcement agencies when required by law or when we believe in good faith that cooperation is necessary to prevent illegal activity or harm. In particular:

• CSAM: We are required by federal law (18 U.S.C. 2258A) to report any apparent CSAM to the National Center for Missing & Exploited Children (NCMEC). We will preserve and report all relevant information.
• Imminent Harm: We may disclose User Content or account information to law enforcement if we reasonably believe there is an imminent threat to life, safety, or property.

9.4 Enforcement Actions

If we determine that you have violated these Terms, we may take one or more of the following actions at our sole discretion:

• Issue a warning;
• Remove or disable access to the offending Content;
• Temporarily suspend your account;
• Permanently terminate your account;
• Report violations to law enforcement;
• Pursue any legal remedies available.

9.5 Appeals

If your Content is removed or your account is suspended, you may appeal by contacting legal@everkin.io. We will review appeals within 30 business days, but the outcome of any appeal is at our sole discretion.

9.6 Specific Prohibited Conduct

Without limiting the generality of Sections 6 and 8, the following conduct is expressly prohibited:

• (a) Invitation Abuse: Sending unsolicited, excessive, or spam household invitations, or using the invitation system for any purpose other than genuine household or caregiver collaboration.
• (b) Image Abuse: Uploading illicit, exploitative, or otherwise prohibited content through the photo upload or document scanning features of the Service.
• (c) Data Abuse: Submitting false, fabricated, or intentionally misleading data for the purpose of manipulating insights, corrupting shared household data, or interfering with the experience of other Users.
• (d) Evasion: Circumventing or attempting to circumvent rate limits, content screening, account restrictions, or any other enforcement mechanism of the Service.
• (e) Account Abuse: Creating multiple accounts to bypass enforcement actions, evade free-tier limitations, or otherwise circumvent these Terms.

9.7 Automated Enforcement

Ghost Labs may take automated enforcement actions — including rate limiting, content quarantine, and temporary account suspension — without prior human review when our automated systems detect conduct that violates these Terms. Automated enforcement actions are subject to the appeals process described in Section 9.5. Ghost Labs shall not be liable for any temporary disruption of service resulting from good-faith automated enforcement.

10. Content Ownership and Intellectual Property

10.1 Ghost Labs' Intellectual Property

The Service, including its design, features, code, trademarks, logos, and all related intellectual property, is owned by Ghost Labs LLC and is protected by United States and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.

10.2 Your Data

You retain all ownership rights to your User Content. Ghost Labs does not claim ownership of any pet health records, photos, notes, or other data you submit through the Service.

11. User-Generated Content License

By uploading or submitting User Content to the Service, you grant Ghost Labs a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, process, and display your User Content solely to the extent necessary to:

• Operate, provide, maintain, and improve the Service;
• Back up, store, and transmit your data;
• Display your data to you and to other members of your Household (including Caregivers);
• Comply with legal obligations.

This license continues for as long as your User Content is stored on the Service and terminates when you delete your User Content or your account (subject to reasonable backup retention periods as described in our Privacy Policy).

12. AI and Machine Learning Data Usage

12.1 Anonymized and Aggregated Data

We may use anonymized, aggregated data derived from your use of the Service to train and improve machine learning models, develop new features, conduct research, and improve the Service. "Anonymized" means that all personally identifiable information and pet-identifying information has been irreversibly removed.

12.2 No Personal Data in Training

We will not use your personal data or individually identifiable pet data to train AI/ML models without your explicit opt-in consent. Anonymized and aggregated data is not considered personal data.

12.3 Opt-Out

You may opt out of having your anonymized data used for AI/ML training purposes at any time through your account settings or by contacting us at privacy@everkin.io.

12.4 Transparency

We will provide clear information about our AI/ML practices in our Privacy Policy and will update you about material changes to our data usage practices.

13. DMCA - Copyright Infringement

13.1 Notification of Infringement

If you believe that your copyrighted work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may notify our designated DMCA agent by providing the following information in writing:

1. A physical or electronic signature of the copyright owner or authorized agent;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing, with sufficient detail for us to locate it;
4. Your contact information (address, telephone number, email address);
5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

13.2 Designated Agent

DMCA notices should be sent to:
DMCA Agent
Ghost Labs LLC
Email: legal@everkin.io

13.3 Counter-Notification

If you believe your User Content was removed by mistake or misidentification, you may submit a counter-notification to our DMCA agent containing:

1. Your physical or electronic signature;
2. Identification of the material that was removed and its location before removal;
3. A statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification;
4. Your name, address, and telephone number, and a statement consenting to jurisdiction of the federal court in your district (or the Southern District of New York if outside the United States), and that you will accept service of process from the person who filed the original DMCA notification.

13.4 Repeat Infringers

We will terminate the accounts of Users who are determined to be repeat copyright infringers in appropriate circumstances.

14. Medical Disclaimer

14.1 General Medical Disclaimer

The Service is designed to help you organize and track your pet's health information. It does not provide veterinary diagnoses, treatment plans, or medical recommendations.

• Always seek the advice of your veterinarian or other qualified animal health provider with any questions you may have regarding your pet's health condition.
• Never disregard professional veterinary advice or delay in seeking it because of information you have entered, viewed, or received through the Service.
• If your pet is experiencing a medical emergency, contact your veterinarian or an emergency animal hospital immediately.

Ghost Labs is not responsible for any health decisions made based on information stored or displayed in the Service.

14.2 Algorithmically Generated Insights and Correlations

The Service may generate Insights based on User Content. You acknowledge and agree that:

• (a) Insights are produced by automated SQL queries, statistical calculations, and algorithmic processing. They are not reviewed, verified, or approved by any veterinary professional, veterinary technician, or other qualified animal health provider.
• (b) Correlation does not imply causation. Insights do not constitute a diagnosis, prognosis, treatment recommendation, or any form of veterinary or medical advice.
• (c) Insights may be inaccurate, incomplete, or misleading. The quality of Insights depends on the accuracy, completeness, and consistency of User Content, and Ghost Labs makes no guarantees regarding the reliability of any Insight.
• (d) You must not rely on Insights as a substitute for professional veterinary evaluation, diagnosis, or treatment. Any decision regarding your pet's health should be made in consultation with a qualified veterinarian.
• (e) Ghost Labs expressly disclaims all liability for any loss, injury, damage, or harm arising from your reliance on, interpretation of, or actions taken based on any Insight generated by the Service.

15. Household Sharing and Caregiver Access

15.1 Household Data Sharing

When you add a User to your Household, that User will have access to shared pet data within the Household. The Household Owner is responsible for managing who has access. Ghost Labs is not liable for how other Household Members use shared data.

15.2 Caregiver Access

The Service may allow you to grant temporary, limited access to Caregivers (e.g., pet sitters, dog walkers). Caregiver access may be restricted in scope and duration at the Household Owner's discretion.

15.3 Liability

You are responsible for the actions of Users and Caregivers you invite to your Household. Ghost Labs is not liable for any misuse of pet data by Household Members or Caregivers.

16. Third-Party Services

The Service may integrate with or contain links to third-party services, including but not limited to Apple Maps, Google authentication, and Apple authentication. These third-party services have their own terms and privacy policies. Ghost Labs is not responsible for the practices of third-party services.

17. Termination

17.1 By You

You may delete your account at any time through the app settings or by contacting support@everkin.io. If you are the Owner of one or more Households with other members, you must first transfer ownership of each such Household to another member before your account can be deleted. You may do so through the app settings. Upon deletion, we will remove your personal data in accordance with our Privacy Policy (subject to legal retention requirements and reasonable backup periods).

17.2 By Ghost Labs

We may suspend or terminate your account at any time if:

• You violate these Terms;
• We are required to do so by law;
• We reasonably believe your account has been compromised;
• We discontinue the Service (with reasonable notice).

17.3 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases;
• We will delete or anonymize your data in accordance with our Privacy Policy;
• Sections of these Terms that by their nature should survive termination will survive (including Sections 7, 10, 12, 14, 18, 19, 20, 21, and 22).

18. Disclaimers and Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

GHOST LABS DOES NOT WARRANT THAT: THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; ANY DEFECTS IN THE SERVICE WILL BE CORRECTED; OR THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR DEVICE OR SYSTEM.

WITHOUT LIMITING THE FOREGOING, GHOST LABS MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY INSIGHTS, CORRELATIONS, TRENDS, SUMMARIES, OR OTHER ALGORITHMICALLY GENERATED INFORMATION PROVIDED BY THE SERVICE. SUCH INSIGHTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS A BASIS FOR ANY DECISION REGARDING ANIMAL HEALTH OR CARE.

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GHOST LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

WITHOUT LIMITING THE FOREGOING, GHOST LABS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (I) ANY INSIGHT, CORRELATION, TREND, OR OTHER ALGORITHMICALLY GENERATED INFORMATION PROVIDED BY THE SERVICE; (II) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY BASED ON INFORMATION OBTAINED THROUGH THE SERVICE; OR (III) ANY DELAY IN SEEKING VETERINARY CARE DUE TO RELIANCE ON THE SERVICE OR ANY INSIGHT GENERATED BY THE SERVICE.

GHOST LABS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (I) THE AMOUNT YOU PAID TO GHOST LABS IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED UNITED STATES DOLLARS (USD $100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

20. Indemnification

You agree to indemnify, defend, and hold harmless Ghost Labs, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service;
• Your User Content;
• Your violation of these Terms;
• Your violation of any rights of another person or entity;
• Any actions taken by Household Members or Caregivers you invited;
• Any health-related decisions made for any animal based on Insights, data, or other information generated by the Service.

21. Dispute Resolution

21.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@everkin.io and attempt to resolve the dispute informally for at least 30 days.

21.2 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will take place in New York, New York, or at another mutually agreed-upon location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

21.3 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court if the claim falls within that court's jurisdiction.

21.4 Class Action Waiver

YOU AND GHOST LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

21.5 Opt-Out

You may opt out of this arbitration provision by sending a written notice to legal@everkin.io within 30 days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the courts identified in Section 22.

22. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

23. General Provisions

23.1 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

23.2 Entire Agreement

These Terms, together with our Privacy Policy and any Subscription terms presented at the time of purchase, constitute the entire agreement between you and Ghost Labs regarding the Service and supersede all prior agreements and understandings.

23.3 Waiver

The failure of Ghost Labs to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

23.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. Ghost Labs may assign these Terms without restriction.

23.5 Force Majeure

Ghost Labs shall not be liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, government actions, internet or telecommunications failures, or cyberattacks.

24. Changes to Terms

We may revise these Terms from time to time. If we make material changes, we will notify you by email (to the address associated with your account) or through an in-app notification at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree with the changes, you must stop using the Service and delete your account.

25. Contact Information

If you have any questions about these Terms, please contact us:

Ghost Labs LLC
Email: legal@everkin.io

Copyright 2025-2026 Ghost Labs LLC. All rights reserved.