Pawgic AI Smart Collar – Pre-Order Agreement

This is Pawgic Ai’s Smart collar (Hardware Device) Pre-Order Agreement (the “Agreement”) entered into by and between Pawgic AI, a Delaware corporation (“Pawgic AI,” “we,” “us,” or “our”), and you, the customer (“you” or the “Customer”). By placing a Pre-Order (as defined below) and making a Pre-Order Payment (as defined below), you agree to be bound by the terms and conditions of this Agreement.

1. Product and Pre-Order

1.1 Product: This Agreement pertains to the pre-order of the Pawgic AI Smart Collar, an IoT hardware device designed for pets (dogs and cats) (the “Product”). The Product’s features, specifications, and functionality are described on the Pawgic AI website https://pawgic.ai/ and associated marketing materials. These descriptions are subject to change until the final release of the Product.

1.2 Pre-Order: A “Pre-Order” is your reservation of the Product prior to its general commercial release. Placing a Pre-Order does not guarantee immediate availability or delivery.

1.3 Eligibility: You must be at least 18 years old and have the legal capacity to enter into a contract to place a Pre-Order.

2. Pre-Order Payment and Pricing

2.1 Pre-Order Payment: To secure your Pre-Order, you are required to make a pre-order payment (the “Pre-Order Payment”) of $10. The Pre-Order Payment will be applied towards the final purchase price of the Product.

2.2 Final Price: The final purchase price of the Product (the “Final Price”) is estimated to be $349, but this price is subject to change. We will notify you of the Final Price prior to shipment, and you will have the opportunity to confirm your order at the Final Price.

2.3 Taxes and Shipping: The Pre-Order Payment and Final Price do not include applicable sales taxes, value-added taxes (VAT), duties, or shipping and handling charges. These costs will be added to the Final Price and are your responsibility.

2.4 Payment Methods: You agree that we may process your payments electronically via our third-party payment provider. Full payment of the Final Price, less the Pre-Order Payment, plus taxes and shipping, will be required prior to shipment.

3. Delivery and Shipping

3.1 Estimated Shipping Date: We estimate that the Product will begin shipping on or around August 2025. This is an estimated date and is not a guaranteed delivery date. We will make commercially reasonable efforts to meet this estimated shipping date, but delays may occur due to manufacturing, supply chain issues, or other unforeseen circumstances.

3.2 Shipping Address: You are responsible for providing a valid and accurate shipping address. We will not be liable for delays or non-delivery due to incorrect or incomplete address information.

3.3 Shipping Carrier: We will use a reputable shipping carrier to deliver the Product.

3.4 Risk of Loss: The risk of loss or damage to the Product passes to you upon our delivery of the Product to the shipping carrier.

3.5 International Orders: If applicable, for international orders you are responsible for any import duties, taxes, and customs clearance fees levied by your country.

4. Cancellation and Refunds

4.1 Your Right to Cancel: You may cancel your Pre-Order at any time prior to shipment by contacting us at Customer Service Email Address orders@pawgic.ai

4.2 Refund of Pre-Order Payment: If you cancel your Pre-Order before we notify you of the Final Price, you will receive a full refund of your Pre-Order Payment within 30 business days.

4.3 Our Right to Cancel: We may cancel your Pre-Order at any time, for any reason, including but not limited to product unavailability, manufacturing issues, or if we are unable to process your payment. If we cancel your Pre-Order, we will refund your Pre-Order Payment in full.

5. Product Specifications and Changes

5.1 Subject to Change: The Product specifications, features, design, and functionality are subject to change without notice prior to the final release. We are continuously working to improve the Product, and such changes may be necessary.

5.2 Final Specifications: We will provide you with the final Product specifications prior to shipment.

6. Warranty

6.1 Limited Warranty: Upon official product launch and delivery, the Product will be covered under a limited six (6) months warranty against defects in materials and workmanship under standard operating conditions. The warranty period will commence from the date of product delivery, not the pre-booking date. The full terms, conditions, and claim procedures will be provided along with the Product at the time of delivery. Warranty claims must be supported by valid proof of purchase and may require a technical inspection or diagnostic assessment.

6.2 Exclusions: The limited warranty does not cover issues arising from improper installation, misuse, negligence, excessive physical or electrical stress, unauthorized modifications, or exposure to environmental hazards. The warranty will be void if the Product undergoes unauthorized repairs, is used with incompatible third-party components, or operates beyond its specified tolerances. Additionally, normal wear and tear, cosmetic imperfections, and accidental damages are not covered under this warranty.

7. Limitation of Liability

7.1 Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAWGIC AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Limitation of Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAWGIC AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCT, EVEN IF PAWGIC AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PAWGIC AI’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCT.

7.3 Essential Purpose: The limitations outlined above are essential parts of this Agreement.

8. Data Privacy

8.1 Data Collection: The Product may collect data related to its use and your pet’s activity. This data will be used to provide the Product’s functionality, improve the Product, and for other purposes described in our Privacy Policy.

8.2 Privacy Policy: By placing a Pre-Order, you acknowledge that you have read and agree to our Privacy Policy, which is available at [Link to Privacy Policy].

8.3 Payment Processing & Data Handling: We deploy a robust, secure third-party payment processor to facilitate pre-orders with maximum operational efficiency and security. This processor utilizes state-of-the-art encryption protocols and advanced security measures that comply with the most stringent industry standards for data protection and payment processing. Full payment details are exclusively handled by the payment processor in a highly secure environment, and we do not store or retain complete payment information.

In strict adherence to regulatory compliance and best practices, we may access Connected Account Data solely for transactional validation, reconciliation, and to ensure compliance with applicable financial regulations. Such data access is strictly limited to these purposes, and we do not use, store, or disseminate this information beyond the essential operations of our platform without obtaining explicit, informed consent from the user.

To safeguard the integrity, confidentiality, and security of user financial data, we implement robust encryption algorithms, rigorous access control mechanisms, and continuous real-time monitoring systems to preclude unauthorized access or misuse. In the event of any security incident affecting payment processing information, we will promptly notify the payment processor and activate our comprehensive incident response protocol, including forensic analysis and immediate remediation measures.

9. Governing Law and Dispute Resolution

9.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

9.2 Dispute Resolution: Any dispute arising out of or relating to this Agreement shall be resolved through Delaware Court of Chancery.

(a) Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration administered by [Arbitration Organization – e.g., the American Arbitration Association (AAA)] in accordance with its [Rules – e.g., Commercial Arbitration Rules]. The arbitration shall take place in [City, State – e.g., Wilmington, Delaware]. The award rendered by the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.

(b) Courts: Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in [County, State – e.g., New Castle County, Delaware].

10. General Provisions

10.1 Entire Agreement: This Agreement constitutes the entire agreement between you and Pawgic AI with respect to the Pre-Order of the Product and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

10.2 Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

10.3 Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

10.4 Assignment: You may not assign this Agreement without our prior written consent. We may assign this Agreement without your consent.

10.5 Notices: All notices and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:

If to Pawgic AI: 1207 Delaware Ave, Wilmington, DE, US

If to you: At the address you provided during the Pre-Order process.

10.6 Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials (a “Force Majeure Event”). The party affected by the Force Majeure Event shall promptly notify the other party and shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event.

10.7 Modifications: Pawgic AI has the right to modify the Agreement at any time and will notify the pre-order customers.

By clicking “I Agree” or otherwise indicating your acceptance, or by making the Pre-Order Payment, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.