Legal

Terms & Conditions

Last updated: April 25, 2024

Welcome to Whisker’s general terms and conditions.

These terms and conditions apply to the use of the Litter-Robot.com website, whisker.com website, the litterbox.com website (collectively, the “Websites”), the mobile application (the “App”). By accessing the Websites, App and/or placing an order for products you agree to be bound by the terms and conditions set out below (as applicable).

Please read these terms and conditions carefully and understand them before ordering any products from our Websites. If you refuse to accept these terms and conditions, you will not be able to order any products from our Website and you may not use our Websites and / or App.

1. Information about us.

   We are Automated Pet Care Products LLC, 1080 West Entrance Drive, Auburn Hills, MI 48326 USA trading as “Whisker”.

   You can contact us regarding any queries in relation to these terms and conditions and orders you place at the following email address:

   Email us at support@whisker.com

2. How we may use your personal information. Our Privacy Policy also governs your use of the Websites and / or App. Please read the Privacy Policy carefully for important information about how we use your personal information.
3. Our rights. These terms and conditions govern our relationship with you. We reserve the right to change these terms and conditions from time to time, but any changes will not apply to any orders that we have accepted prior to the change being made. Any changes to the terms and conditions governing existing contracts must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we and you are expected to do.
4. Your status. By accessing and/or using the App or Websites and/or by placing an order through our Websites, you must be at least 18 years old, and legally capable to enter into binding contracts.
5. Description of products. We have taken steps to display as accurately as possible our products images that appear on the App and Websites. Since the actual colours and detailing you see onscreen will depend on your monitor, we cannot guarantee that your monitor's display of any colour or other detailing will exactly reflect the colour or detailing of the product you receive. Products may also vary due to changes to the product, packaging updates, or other changes.
6. Orders for goods and services: our contract with you.
   1. How we will accept your order. Our acceptance of your order will take place when we send you an order confirmation by email, at which point a contract will come into existence between you and us.
   2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
7. Payments. All transmissions of payment information through the App or Websites are secured with Internet-standard TLS (also known as HTTPS) encryption. You agree not to use any fraudulent, stolen, or falsified payment information in submitting any order or other transaction to Whisker.
   1. Importer of Record. EU residents only: You acknowledge that you are the importer of record and have ownership of your product before it is imported into the EU. Our courier pays the import charges and facilitates the import process with the EU government. Our courier then bills Whisker back for the import charges.
8. Shipping & Refunds.
   1. Shipping. Most orders are dispatched to you from our Amsterdam warehouse managed by our third-party logistics partner and will then be shipped to you within approximately 7 business days by our delivery partner. Please note that while we endeavor to ship your order to you as quickly as possible all timescales for shipping are estimates only. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
   2. Refund Policy. We are under a legal duty to supply products that are in conformity with this Agreement. Nothing in these terms will affect your statutory rights. You may cancel your order and return your products for any reason within 90 days of the day you receive the product(s) in the case of Litter-Robot® or Feeder-Robot products. For all other products you must return them within 14 days of receiving them. Please see Whisker's Refund Policy Page for complete details on requesting and processing refunds and returns, including important deadlines. The Refund Policy is incorporated into our contract with you. Your rights to a refund exclude: (i) perishable items and (ii) sealed items which are not suitable for return due to hygiene reasons if unsealed after delivery, (unless these items were damaged or faulty when delivered to you or have been incorrectly delivered).
   3. Cleaning Fee. All Litter-Robot® or Feeder Robot products that are returned must be cleaned and free of litter, waste and other debris in accordance with the instructions we provide when you request a return. If the returned Litter-Robot® or Feeder Robot products have not been cleaned (to Whisker's reasonable satisfaction), a £75/€75 cleaning fee will charged and deducted from any refund due to you (Cleaning Fee).
   4. Faulty Products. If a product is damaged or faulty, you agree to return the product to us in accordance with our instructions, including any instructions about cleaning the product prior to return. We do not charge or deduct a Cleaning Fee in respect of faulty Litter-Robot® or Feeder-Robot products.
9. Resales
   1. Prohibition on Resale. All Whisker products purchased are for personal, household use only. You must not: (i) distribute or resell any Whisker product in new condition through any online marketplace, including, without limitation, on Amazon.com or eBay.com, (ii) make any false claims of affiliate with or endorsement by Whisker, (iii) advertise or sell any Whisker product with an altered or removed serial number, and (iv) run any advertising for the Litter-Robot and / or Whisker on any paid search or media platform. You understand and agree that any unauthorised distribution or resale as described herein voids all warranties associated with the Whisker products at issue.
   2. Wholesales & Retailers. If you are a retailer or wholesaler interested in offering the Whisker products to your customers, please note that these terms and conditions do not apply to you and please contact us at sales@Whisker.com for details on our reseller agreement terms. Information about international resale is available at International page.
10. Intellectual Property and Trade Marks You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Websites and App shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the Websites and App is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Websites and App is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

    Litter-Robot and the Litter-Robot logo are trademarks or registered trademarks of Whisker.

11. Product warranties
    1. WhiskerCare™ 2-Year Coverage. In addition to your rights under this agreement and your statutory rights as a consumer, the Litter-Robot® comes with a commercial 2-year warranty. Information about this 2-year warranty for the Litter-Robot® and the optional purchase of extended warranty coverage are available on our Warranty Support page.
    2. Warranty-Voiding Modifications. You understand and agree that modifications that may affect the original function (including proper function of safety features) of the Litter-Robot® product may VOID the original warranty, if any, and any additional warranty coverage purchased by you, at Whisker's reasonable determination. You understand and agree not to (i) modify or tamper with the safety features of the Litter-Robot® or (ii) purchase any modified product from a third-party reseller. You assume all risk that the product has been modified and all warranties voided when you purchase from a third-party reseller instead of directly from Whisker, whether or not you have actual knowledge that such a modification has been performed.
    3. Returning products under warranty You must return your Litter-Robot® product to us if you are requesting a replacement product under any warranty claim. If you do not return the Litter-Robot® product to us in accordance with our instructions, this will VOID the warranty, and it will also VOID any additional warranty coverage offered by us and/or purchased by you in respect of any replacement product.
12. Websites and App Terms
    1. Licence. We own or are licensed users of all intellectual property rights in our Websites, App and all material and content therein. You may use the Websites and App and its materials and content for personal, non-commercial use only. All other use or reproduction of our Websites or App or content is strictly prohibited.
    2. Firmware. Whisker will automatically download and install updates to your product’s firmware - which may include new features or updates to existing features. If you do not want such updates, you must terminate your account with us and stop using the service
    3. No Reliance on Third Party Content. Opinions, advice, statements, or other information made available through the App or Websites by third parties are those of their authors and provided for general information only (“User Generated Content”). Those authors are solely responsible for their User Generated Content.
    4. Third Party Media. The App or Websites may be linked with the mobile apps or websites of third parties ("Third-Party Media"). Whisker does not have control over the content and performance of Third-Party Media and is not responsible for such content or performance.
    5. User Account. To access and use certain parts of the App or Websites, or to place an order or enter a subscription plan, you may be asked to create a user account, and to provide information that personally identifies you. You will ensure that your user account information is complete and accurate, and you will update that information as necessary. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
    6. Account Security. If you choose a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to anyone else.
    7. Uploading content to our Websites / App. Whenever you make use of a feature that allows you to upload User Generated Content to our Websites and / or App, you must comply with the content standards set out in the Acceptable Use conditions below. You will be responsible for any loss or damage we suffer if you do not comply with these conditions.

       Any User Generated Content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Generated Content, but you agree we will have the right to use, store and copy that User Generated Content and to distribute and make it available to third parties.

       We also have the right to disclose your identity to any third party who is claiming that any User Generated Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

       We may (but are not obliged to) monitor the use of the Website from time to time and we may modify or remove any posting of User Generated Content you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use conditions below. However, we rely on you to inform us of any abuse or inappropriate User Generated Content on the site, in which case we may review specific User Generated Content posted by any user of the site. In this respect, we operate a “notice and take down” procedure as set out under clause 12.12(b) below which you agree to use as the sole remedy in respect of any User Generated Content which causes you concern or to which you object on legal or other grounds.

    8. Acceptable Use. Whisker imposes certain restrictions on your use of the App or Websites. The following are expressly prohibited:

       • providing false, misleading, or inaccurate information;

       • uploading any content which is illegal, malicious, obscene or otherwise unlawful or in breach of anyone’s rights;

       • harvesting or otherwise collecting personal information about users;

       • without express written permission from Whisker, harvesting or otherwise collecting information from the App or Websites for any use, including without limitation use on Third-Party Media;

       • accessing content or data not intended for you, or logging into a server or account that you are not authorised to access;

       • attempting to probe, scan, or test the vulnerability of the App or Websites, or any associated system or network, or breaching security or authentication measures without proper authorisation;

       • interfering or attempt to interfere with the use of the App or Websites by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities;

       • forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the App or Websites (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);

       • attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in the App or Websites;

       • creating additional accounts to promote your (or another's) business, or causing others to do so; and

       • paying anyone for interactions on the App or Websites.

    9. Changes to our content. We may update and change our Websites or App from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
    10. We may suspend or withdraw content. We do not guarantee that our Websites, App or any content on thereon, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Websites or App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

        We have the right to disable any user account and withdraw access to (or use of) the Websites / App, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions of use, any law or regulation.

    11. Your Responsibility for Loss or Damage. You agree that your use of the Websites and / or App with our products (the "Service") is at your sole risk. You will not hold Whisker or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.
    12. Backup of Data. Importantly, you acknowledge that a catastrophic disk failure or other similar event could result in the loss of all of the data related to your account. You agree and understand that it is your responsibility to backup your data to your personal computer or external storage device and to ensure such backups are secure.
    13. Notice and Takedown.
        1. If you believe any content in this Website contains material that infringes your copyrighted work or any third party copyright, please click here to review our copyright infringement policy (‘DMCA’ Policy) and learn how to submit a takedown request.
        2. If you have any other concern or objection (“Objection”) to User Generated Content please notify us immediately upon becoming aware of the Objection at support@Whisker.com and we shall endeavor to review the User Generated Content and may take such action as we deem appropriate (including removal of the User Generated Content, or rejection of your Objection). Unless otherwise specified in the Objection, you acknowledge that we have the right to disclose your identity and contact details to the person responsible for any particular item of User Generated Content. We reserve the right to refuse to disclose, unless compelled to do so by law, the identity or contact details of any person who is responsible for User Generated Content.
13. Liability
    1. Instructions for use. You are expected to read and understand Whisker's instructions for use carefully. You understand and agree that Whisker's product safety features may not work effectively if you fail to follow these instructions. Whisker is not responsible for any losses or damage caused by your failure to follow these instructions.
    2. Incorrect use or other damage: Whisker is not responsible for training your pet to use Whisker's products and is not responsible for any damage caused by your pet. For example, Whisker will not be liable for any property damage caused by your pet, such as urine stains on flooring or upholstery, if your pet is not successfully trained to use the Whisker product or in the rare event that the product malfunctions.
    3. We will only be responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are only responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both us and you knew it might happen.
    4. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes any breach of our obligations under consumer law and liability for death or personal injury to humans caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the products.
14. Notices All notices required or permitted to be given under this Agreement must be in writing. All formal notices given by you to us must be given in writing to support@Whisker.com or at the address stated in section 1 of these terms). We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Websites, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. General Terms
1. Entire Agreement. This Agreement constitutes the entire agreement between Whisker and you concerning your use of the App or Websites.
2. Severability. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
3. No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
4. Assignment. This Agreement between you and us is binding on you and us and on our respective successors and assignees. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Whisker. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
5. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the exception of Whisker's licensors and suppliers (to the extent expressly stated in this Agreement).
6. Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.
7. Applicable Law. These terms and conditions shall be subject to English law. All claims or disputes arising in relation to or in connection with any contract (any order for products) under these terms and conditions shall be governed by English law. You may bring a claim to enforce your consumer rights in connection with these terms and conditions before the courts of your resident country, as laws in your country of residence may also apply to allow you certain levels of consumer protection. In addition, you are also entitled to bring a claim before the Courts of England and Wales if you prefer.
8. Alternative Dispute Resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If your country of residence is within the EU, if you are not happy with how we have handled any complaint, you may submit a complaint via the European Commission Online Dispute Resolution platform at http://ec.europa.eu/odr. There may also be other dispute resolution platforms based in your country of residence.