Part A — Online Store Terms

1. About us and these Terms

These Terms and Conditions ("Terms") apply to purchases from the KLYQA online store for Canada. The seller is PFRIENDLY Ltd, SUITE 863 - 155 DALHOUSIE STREET NORTH TORONTO, ON M5B2P7, a company incorporated in Canada. Customer support: support@klyqa.ca.

By placing an order, you confirm that you are at least the age of majority applicable to you and legally capable of entering into a contract. These Terms do not limit any mandatory consumer rights that cannot lawfully be excluded or restricted.

Business customers should contact us for separate commercial terms. Where you purchase primarily for business purposes, consumer-specific provisions may not apply.

2. Products and information

We take reasonable care to describe and display products accurately. Images, colours, dimensions and packaging may vary slightly because of display settings, manufacturing tolerances, product improvements or regional requirements. Product availability, compatibility and included accessories are stated on the relevant product page.

Smart features may require a compatible phone, KLYQA account, Bluetooth, Wi-Fi, internet access, the KLYQA App, third-party platform services and updates. Unless stated otherwise, internet, mobile, electricity and third-party service costs are not included.

KLYQA pet-health, hydration and activity functions provide estimates and informational insights only. They are not veterinary devices, diagnoses or substitutes for professional veterinary advice.

3. Ordering and contract formation

1.          You select products and place them in the basket.

2.          Before submitting the order, you can review and correct the products, quantities, delivery address, price and payment method.

3.          By pressing the final order button, you make a binding offer to purchase the products shown in the order summary.

4.          An automated acknowledgement confirms receipt but does not necessarily mean that we have accepted the order.

5.          The contract is formed when we send an order acceptance or dispatch confirmation, or when we dispatch the product, whichever occurs first.

We may refuse or cancel an order before acceptance for reasons such as unavailability, pricing or description error, suspected fraud, sanctions or export restrictions, delivery limitations, or inability to authorise payment. If payment has been taken, it will be refunded.

4. Prices, taxes and payment

Prices displayed for Canadian consumers are in Canadian dollars unless stated otherwise. Applicable GST/HST, provincial sales tax, Québec sales tax, delivery charges and other mandatory charges are calculated and shown at or before checkout as required.

Available payment methods are displayed at checkout. Payment services may be provided by independent payment providers, whose terms and privacy notices also apply. You must use a payment method you are authorised to use.

If a displayed price is obviously incorrect, we may reject the order before acceptance and invite you to order at the correct price.

5. Delivery

Delivery options, estimated delivery dates and charges are shown during checkout. Estimated dates are not guaranteed unless expressly stated. We may deliver items separately. You must provide a complete and accurate delivery address and cooperate with the carrier.

Risk of loss and title pass as provided by applicable provincial consumer law and the delivery terms shown at checkout. Nothing in this clause limits mandatory statutory rights.

If delivery is materially delayed, please contact us. Your cancellation or other remedies depend on applicable law and the circumstances, including whether an agreed delivery date was essential.

6. Pre-orders and backorders

A product marked as a pre-order or backorder is not immediately available. The estimated availability or shipping period is shown on the product page or at checkout. Production, customs, carrier or component delays may change the estimate.

Unless the product page states otherwise, payment may be collected when the order is placed. You may request cancellation before dispatch; statutory cancellation rights remain unaffected. If we cannot supply the product, we will cancel and refund the affected amount.

7. Consumer cancellation and returns

Return and cancellation rights vary by province and territory. In addition to any mandatory statutory rights, our commercial return policy displayed in the store applies. Where provincial law grants a cooling-off, cancellation, refund or reversal right, that mandatory right prevails over these Terms.

To request a cancellation or return, contact support@klyqa.de and provide the order number. Unless required by law or the product is defective, return shipping and any permitted restocking conditions are governed by the return policy displayed at the time of purchase.

No clause in these Terms waives rights under applicable provincial consumer protection legislation, including rights relating to internet agreements, non-delivery, misrepresentation, unfair practices or defective products.

8. Faulty, damaged or non-conforming products

Products are subject to the legal warranties and consumer guarantees that apply in your province or territory. These may include guarantees of acceptable quality, durability, fitness, conformity with description and freedom from latent defects. Québec consumers may have the legal warranties provided by the Civil Code of Québec and the Consumer Protection Act. These statutory rights are separate from any commercial warranty.

Please contact support promptly and provide the order number, product serial number, description of the issue and reasonable evidence such as photos or diagnostic information. Do not continue using a product if doing so may create a safety risk.

9. Commercial warranty

Any KLYQA manufacturer warranty, renewal promise or promotional guarantee is voluntary and governed by the written conditions supplied with the product or promotion. It supplements and does not replace mandatory statutory rights. Consumables, filters, batteries and wear parts may have different coverage unless the applicable written warranty states otherwise.

10. Product safety, installation and proper use

You must follow the product manual, warnings, cleaning instructions, compatibility requirements and maintenance intervals. Use only approved power supplies, replacement parts and consumables where required for safety or performance. Products intended for pets must be monitored and maintained appropriately for the animal and household environment.

Stop using a product and contact us if it is damaged, overheats, leaks, creates an electrical risk or is subject to a safety notice or recall.

11. Recycling and disposal

Electrical products, batteries and packaging must be disposed of through applicable provincial or local recycling and extended-producer-responsibility programmes. Do not place batteries or electronic products in household waste where separate collection is required.

12. Promotions, vouchers and referrals

Promotional codes, vouchers, referral benefits and campaign prices are subject to the stated eligibility period, product scope, minimum purchase and redemption conditions. Unless stated otherwise, they are not cash, cannot be sold or transferred, and cannot be combined. We may refuse or reverse a benefit obtained through error, abuse, manipulation, multiple accounts or breach of the campaign terms.

13. Liability

Nothing in these Terms excludes or limits liability or statutory rights that cannot lawfully be excluded or limited under applicable federal, provincial or territorial law, including liability for fraud, wilful misconduct, product safety obligations or mandatory consumer warranties.

To the extent permitted by law, we are not responsible for indirect, incidental, special or consequential business losses, or losses caused by misuse, unsupported modifications, failure to follow instructions, third-party networks or services, or failure to install available safety and security updates. Some jurisdictions do not allow these limitations, so they may not apply to you.

Part B — KLYQA App Terms of Use

14. App provider and acceptance

The KLYQA Home App and KLYQA Pet App are provided by QConnex GmbH. Apple, Google and other app-store operators are not parties to these Terms. By downloading, accessing or using an App, you agree to this Part B and, for pet-specific functions, Part C.

15. Description and availability

The Apps enable users to connect, configure, control and view information from compatible KLYQA products. Functions depend on the product, firmware, country, permissions, connectivity and App version. Remote functions require internet access. Battery operation may limit Wi-Fi, lighting, synchronisation or analytics, as described in the product information.

We aim to provide reliable services but do not guarantee uninterrupted or error-free availability. Maintenance, security events, outages, third-party platform changes or circumstances outside our reasonable control may interrupt services.

16. Accounts and security

You must provide accurate information, keep credentials confidential and promptly notify us of suspected unauthorised use. You are responsible for activity under your account unless caused by our failure to use reasonable security. You may not create accounts using another person’s identity or use automated methods to create or control accounts.

17. Technical requirements and updates

You are responsible for compatible hardware, operating systems, network access and updates. We may provide updates to maintain security, legal compliance, compatibility or functionality. Certain updates may be required for continued use. Where mandatory consumer law regulates updates for digital content or products with digital elements, those rights apply.

18. Licence

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to install and use the object-code version of the App on compatible devices you own or control, solely for personal, lawful use with KLYQA products and services.

Except where mandatory law permits, you may not copy, distribute, sell, rent, sublicense, reverse engineer, decompile, modify, circumvent security, scrape, use automated access, or use the App to create a competing service. All intellectual-property rights not expressly granted are reserved.

19. Acceptable use

·       Do not interfere with the App, servers, devices, accounts, communications or security controls.

·       Do not upload unlawful, infringing, deceptive, harmful or privacy-invasive content.

·       Do not manipulate sensor data, referrals, rewards, rankings, KP or community functions.

·       Do not use the services to monitor another person, household or location without permission.

·       Do not use pet insights as a substitute for urgent veterinary assessment or professional advice.

20. Third-party services

The Apps may interoperate with app stores, mobile operating systems, voice assistants, maps, notifications, analytics, payment services or other third-party services. Their availability and terms are controlled by the relevant provider. We are not responsible for third-party services except to the extent required by law.

21. Suspension and termination

You may stop using the App and request account deletion at any time, subject to retention required by law. We may restrict, suspend or terminate access where reasonably necessary for security, legal compliance, service discontinuation, non-payment of a paid feature, material breach, fraud, abuse or risk to users, pets, systems or third parties. Where appropriate, we will provide notice and an opportunity to remedy.

22. App liability and consumer rights

The Apps and insights are provided with the level of care and quality required by applicable law. Nothing in these Terms limits mandatory rights relating to digital content, digital services or products with digital elements. Estimates, sensor readings, goals and AI-supported reports may be affected by fit, placement, connectivity, battery state, pet behaviour, household conditions or incomplete data.

23. Privacy

Our processing of personal information is described in the KLYQA Canada Privacy Policy. Device permissions and optional public features should be reviewed carefully before activation.

Part C — KLYQA Pet App Addendum

24. Pet profiles and community visibility

Users may create pet profiles containing pet name, species, breed/type, age, sex, weight, photo, characteristics and connected-device data. Where community functions are enabled, selected pet-profile fields, achievements, KP and ranking may be displayed to other users. Do not include personal or sensitive human information in pet names, profile text or images.

25. KLYQA Points (KP), rewards and challenges

KP are promotional loyalty points. Unless expressly stated otherwise, they are not cash, stored value, electronic money, property or a legally enforceable monetary claim; they do not earn interest and cannot be transferred, sold or exchanged outside the programme. Redemption may be subject to minimum balances, availability, expiry, taxes, shipping and separate campaign conditions.

We may adjust earning formulas, goals, values, catalogues and challenge rules prospectively to maintain fairness, correct errors, respond to abuse or update the programme. We may correct or revoke points obtained through manipulation, technical error, duplicate accounts, returned orders or breach. We will not remove a benefit already lawfully redeemed except where required to correct fraud or manifest error.

26. AI-supported insights and pet-health disclaimer

The App may provide automated goals, hydration or activity assessments, trends, weekly reports and alerts. These outputs are estimates generated from available device and profile data and may be incomplete or inaccurate. They do not constitute veterinary advice, diagnosis, treatment, emergency monitoring or a guarantee of animal health. Contact a veterinarian whenever you are concerned about a pet’s health or behaviour.

27. Future and paid features

We may add, modify, restrict or discontinue functions. A future feature may be offered under a subscription or separate payment. Before charging, we will display the price, billing frequency, renewal and cancellation terms and obtain any consent required by law. Existing mandatory rights remain unaffected.

28. Changes to these Terms

We may update these Terms for legal, security, technical, product or business reasons. The revised version and effective date will be published. Material changes affecting an ongoing service will be notified in a reasonable manner, and consent will be requested where required. Changes do not retroactively remove accrued mandatory rights.

29. Governing law and disputes

These Terms are governed by the laws of the province or territory in which the consumer resides and the federal laws of Canada applicable there, without depriving the consumer of mandatory protections. Courts or tribunals in that province or territory will have jurisdiction, subject to any statutory complaint, small-claims or dispute-resolution mechanism available to the consumer.

Before starting formal proceedings, please contact support so that we can try to resolve the issue. Québec consumers retain all rights and remedies provided by Québec law.

30. General provisions

If any provision is invalid or unenforceable, it will be limited or removed only to the minimum extent required, and the remaining provisions continue. A delay in enforcing a right is not a waiver. You may not assign the contract without our consent; we may assign it as part of a business transfer provided this does not reduce your mandatory rights. The contract is between you and QConnex; no other person has enforcement rights except where applicable law provides otherwise.

31. Contact

PFRIENDLY Ltd
SUITE 863 - 155 DALHOUSIE STREET NORTH

TORONTO, ON M5B2P7
Customer support: support@klyqa.ca
Privacy: info@klyqa.ca