Terms and Conditions of Service
Last updated September 6 2026
These Terms and Conditions of Service (the "Terms") govern your access to www.dogunity.com and any related DogUnity website, account, ordering interface, content, communications, products, and services (collectively, the "DogUnity Service"). The DogUnity Service is owned and operated by CookUnity Inc. ("CookUnity," "DogUnity," "we," "us," or "our"). DogUnity is a brand of CookUnity Inc. and is not a separate legal entity.
Please read these Terms carefully. By creating an account, clicking a button indicating acceptance, placing an order, enrolling in a subscription, or otherwise accessing or using the DogUnity Service, you acknowledge that you have read and understand these Terms and agree to be legally bound by them. If you do not agree, do not use the DogUnity Service or place an order.
THE SECTION ENTITLED "DISPUTE RESOLUTION AND BINDING ARBITRATION" REQUIRES MOST DISPUTES BETWEEN YOU AND COOKUNITY TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER. IT ALSO EXPLAINS HOW TO OPT OUT OF ARBITRATION WITHIN 30 DAYS.
Subscription at a glance
| Initial shipment | An approximately 14-day supply calculated from the dog profile and selections you submit. |
|---|---|
| Automatic renewal | After the initial shipment, the subscription renews for an approximately 28-day supply every 28 days until canceled. |
| Recurring charge | The payment method on file is charged the amount disclosed in your order summary, plus applicable taxes and fees, on each billing date. |
| Manage orders | Skip, reschedule, pause, or change an upcoming order through your account before the cutoff displayed for that order. |
| Cancel | Cancel at any time through the online account flow. Cancellation must be completed before the displayed cutoff to stop the next order. |
This summary highlights key subscription terms but does not replace the Terms below. The order summary presented before enrollment states the current product quantity, recurring price, taxes and fees, billing frequency, estimated delivery window, and order cutoff. If the order summary conflicts with this summary, the order summary controls for the commercial details of that subscription, and these Terms control all other matters.
1. The DogUnity Service
DogUnity offers dog food, treats, broths, toppers, and related products (collectively, "DogUnity Products"), together with subscription ordering, dog-profile tools, feeding and transition information, customer support, and related content. Products may be manufactured, packed, warehoused, and delivered by third parties acting for or supplying CookUnity.
A DogUnity subscription is separate from any CookUnity meal subscription. DogUnity Products are not CookUnity meals and do not count toward a CookUnity meal quantity, basket minimum, or plan requirement. Any benefit offered to CookUnity customers is a promotion governed by Section 14.
2. Eligibility and service area
You may use the DogUnity Service only if you are at least 18 years old, can form a binding contract, and access the DogUnity Service from an area in the contiguous United States that we currently serve. We do not currently accept orders for delivery to Alaska, Hawaii, Puerto Rico, other U.S. territories, or any area outside our available delivery network. Delivery areas may change.
DogUnity Products are offered for personal, household use only and not for resale, commercial feeding operations, veterinary practice use, or export unless we expressly agree otherwise in writing.
3. Accounts and security
You may need an account to order or manage a subscription. You agree to provide current, complete, and accurate account, delivery, payment, and contact information and to update it promptly when it changes. You are responsible for maintaining the confidentiality of your credentials and, subject to applicable law, for activity conducted through your account.
Notify us immediately if you suspect unauthorized access, an unauthorized order, or another security issue. We may require reasonable verification before changing account information, discussing an order, or taking action on a subscription.
4. Dog profile and personalization
We may ask for information about each dog, including name, age, weight, breed, sex, life stage, activity level, body condition, dietary preferences, known allergies or sensitivities, health conditions, medications, and feeding goals (the "Dog Profile"). You are responsible for the completeness and accuracy of the Dog Profile and for updating it when circumstances change.
Portion, recipe, calorie, product, and transition recommendations are estimates generated from the information you provide and the product information available to us. Personalization may be imperfect and cannot account for every characteristic or change in a particular dog. You remain responsible for selecting appropriate products, deciding what and how much to feed, observing your dog, and consulting a veterinarian when appropriate.
If an update to the Dog Profile changes a recommended quantity, product mix, or price, we will display the resulting change in the account or order summary. An update submitted after an order cutoff may not take effect until a later order.
5. Intended use and product descriptions
DogUnity Products are intended only for feeding to dogs in accordance with the applicable label. They are not intended for human consumption or for feeding to another species. Keep products and packaging away from children and animals for whom the product is not intended.
Each label identifies the product's intended use. A product labeled as a treat, snack, topper, broth, supplement, or as intended for intermittent or supplemental feeding only is not intended to be a dog's sole diet. A statement that a product is "complete and balanced" or meets a nutritional profile applies only to the product and life stage identified on the label. Do not infer that statement for another DogUnity Product.
The terms "chef crafted," "chef inspired," or similar language describe recipe development, selection, or culinary input. They do not mean that a DogUnity Product was manufactured by a chef or in a CookUnity chef facility. A statement concerning human-grade ingredients or production standards does not mean that the product is intended or approved for human consumption.
Descriptions of protein, digestibility, palatability, postbiotics, ingredients, preparation methods such as sous vide, or other attributes are limited to the product for which they are displayed. Results vary, and no product attribute is a guarantee of a particular health outcome.
6. Veterinary and health disclaimer
COOKUNITY AND DOGUNITY DO NOT PROVIDE VETERINARY SERVICES, VETERINARY ADVICE, DIAGNOSIS, TREATMENT, OR EMERGENCY CARE. THE DOGUNITY SERVICE, DOG PROFILE, FEEDING CALCULATOR, TRANSITION PLAN, PRODUCT DESCRIPTION, NUTRITION INFORMATION, AND CUSTOMER SUPPORT ARE PROVIDED FOR GENERAL INFORMATION AND ARE NOT A SUBSTITUTE FOR ADVICE FROM A LICENSED VETERINARIAN WHO HAS EXAMINED YOUR DOG.
Consult a veterinarian before changing your dog's diet if your dog is a puppy, pregnant or nursing, elderly, underweight or overweight, taking medication, receiving veterinary care, or has a known or suspected allergy, sensitivity, digestive issue, disease, or other health condition. Follow your veterinarian's advice if it differs from information provided through the DogUnity Service.
If your dog experiences vomiting, diarrhea, an allergic reaction, unusual behavior, loss of appetite, or another adverse response, stop feeding the product and contact a veterinarian. For an emergency, contact a veterinarian or emergency animal hospital immediately. DogUnity Products are not intended to diagnose, cure, mitigate, treat, or prevent disease unless a product is lawfully marketed for that purpose and its label expressly states that purpose.
7. Ingredients allergens and nutrition information
Read the product label before every use. The label contains the controlling product name, intended-use statement, ingredient list, guaranteed analysis, calorie content, nutritional adequacy statement, feeding directions, warnings, net quantity, storage instructions, lot information, and manufacturer or distributor information for that product. If online information differs from the label, follow the label and contact us.
Product information may be supplied by manufacturers or suppliers and may change because of ingredient availability, formulation updates, sourcing, or labeling changes. We work to present current information but do not warrant that every image, description, ingredient, nutrient value, or availability statement on the Site is error-free or complete.
DogUnity Products may contain, or may be manufactured or packed in facilities that handle, animal or human food allergens. Cross-contact may occur. We do not guarantee that a product is free from an allergen or suitable for a dog with an allergy, intolerance, or dietary restriction. You are responsible for reviewing the label and consulting your veterinarian as appropriate.
8. Storage handling transition and feeding
Promptly retrieve and inspect each delivery. Follow all storage, thawing, preparation, portioning, and feeding instructions on the product package. Unless the label provides different instructions, keep a frozen DogUnity Product frozen, thaw it in a refrigerator for approximately 16 to 24 hours before use, and use it within four days after opening or thawing. Do not refreeze a product unless the label permits it.
Do not feed a product that is damaged, leaking, open, swollen, moldy, has an unusual odor, appears spoiled or contaminated, has not been held at the temperature required by the label, or otherwise appears unsafe. Keep packaging and lot information if you report a concern.
Introduce a new food gradually using the transition plan supplied with the product or recommended by your veterinarian. A sudden diet change may cause digestive upset. The transition plan is general guidance and does not replace veterinary advice. Always provide fresh water and monitor your dog's appetite, stool, weight, and overall condition.
9. Subscription enrollment and automatic renewal
Your DogUnity subscription is a continuous, automatically renewing subscription. Before enrollment, CookUnity will clearly and conspicuously present, in visual proximity to a separate affirmative enrollment control: (a) the product or estimated supply; (b) the initial charge and each recurring charge, including the amount or method for determining it; (c) billing frequency and the date or frequency of the first recurring charge; (d) applicable taxes, delivery charges, and other mandatory fees; (e) the approximate 14-day initial supply and approximately 28-day recurring supply; (f) that the subscription continues until canceled; (g) the applicable order cutoff; and (h) a simple method to cancel. By separately taking the affirmative enrollment action, you authorize the initial and recurring charges described in that disclosure.
The first subscription shipment is designed to provide approximately 14 days of food based on the Dog Profile and selections submitted at enrollment. It is a paid initial order and is not a free trial unless the offer presented to you expressly states otherwise. The actual number, size, and mix of products may vary based on your dog's profile and the products selected.
AFTER THE INITIAL SHIPMENT, YOUR SUBSCRIPTION AUTOMATICALLY RENEWS EVERY 28 DAYS FOR AN APPROXIMATELY 28-DAY SUPPLY, AND WE WILL AUTOMATICALLY CHARGE THE PAYMENT METHOD ON FILE AT THE THEN-CURRENT RECURRING PRICE, PLUS APPLICABLE TAXES AND DISCLOSED FEES, UNTIL YOU CANCEL.
Your billing date, order cutoff, order contents, estimated delivery week, and total expected charge will be displayed in your account or order summary. Calendar dates may shift because of holidays, operational constraints, an approved reschedule, or another change disclosed to you. You are responsible for reviewing upcoming orders and managing the subscription before the applicable cutoff.
Following enrollment, we will promptly provide a confirmation that you can retain, containing the automatic-renewal terms, the amount and frequency of charges, the applicable cutoff, and instructions and a direct electronic path to cancel. We will retain verification of your enrollment consent for at least three years or one year after termination, whichever is longer, or for any longer period required by applicable law.
We will provide a written or electronic notice at least as frequently as you are charged, stating the amount charged and how to cancel. We will also provide a subscription reminder at least once every 12 months while your subscription remains active. A required notice may be included in an order or payment confirmation and will include a direct electronic path to cancel where required by law. Additional renewal, trial, promotional-period, or material-change notices will be provided when and as required by applicable law.
10. Skipping rescheduling pausing and changing orders
You may use the account tools made available on the Site to skip an upcoming order, reschedule an estimated delivery week, pause the subscription, update the Dog Profile, change products or quantities, or change other available preferences. A pause may have a scheduled resume date; if so, the account will display that date.
A change must be completed before the cutoff displayed for the affected order. Changes made after the cutoff may apply only to a later order. If you do not skip, reschedule, pause, change, or cancel before the cutoff, you authorize us to process and charge the order then shown in your account.
Changes to a Dog Profile or order may change the quantity, price, taxes, fees, delivery window, or product mix. We will show material commercial changes in your account or order summary before they take effect, subject to changes required for safety, recalls, or legal compliance.
11. Cancellation
You may cancel your DogUnity subscription at any time through a direct electronic cancellation path in your account on www.dogunity.com. After reasonable authentication, the cancellation option will be immediately available. CookUnity will not require a telephone call, chat, survey, or response to a retention offer as a condition of cancellation. If a retention offer is displayed, a direct cancellation option will remain continuously available. If you have difficulty using the account flow, contact the customer-support channel displayed on the Site or email support@cookunity.com. We may reasonably verify your identity before acting on a support request.
To stop the next order, cancellation must be completed before the cutoff displayed for that order. A cancellation completed after the cutoff takes effect after the order already in process. Amounts already charged are nonrefundable except as stated in Section 17 or required by law. Canceling a DogUnity subscription does not cancel a separate CookUnity subscription, and canceling a CookUnity subscription does not by itself cancel DogUnity.
We will provide confirmation after cancellation. Retain that confirmation. If applicable law gives you an additional cancellation method or right, that law controls.
12. Prices taxes fees and price changes
Prices are stated in U.S. dollars. The product price shown before enrollment may exclude applicable sales tax, shipping or delivery charges, service fees, and other charges that are separately disclosed in the order summary. You agree to pay the total amount shown for each order. Prices and charges may vary by product, dog profile, quantity, location, and delivery method.
We may change a recurring price, fee, or material subscription feature only after providing the advance notice, cancellation information, refund or consent option, and method of delivery required by applicable law. For a New York consumer, before charging an increased price that was not previously disclosed, we will either obtain the consumer's affirmative consent to that price or permit cancellation for at least 14 days after the charge and provide the pro-rata refund required by New York law. Taxes imposed by a government may change without separate advance notice to the extent permitted by law.
13. Payment authorization and failed payments
You must provide a valid payment method. By placing an order or enrolling, you authorize CookUnity, its payment processor, and their service providers to use and share payment instructions as needed to process charges, refunds, credits, fraud checks, and related transactions. If your primary payment method is unavailable, you authorize us to charge another valid payment method saved to the same account where permitted by law and disclosed through the DogUnity Service.
Keep payment information current. If a payment cannot be verified, is declined, or is otherwise unacceptable, we may retry the charge, ask you to update payment information, suspend fulfillment, cancel an order, or suspend or terminate the subscription. You remain responsible for properly authorized, unpaid amounts. We will not ship an order that we cancel because payment was not completed.
If a recurring charge is a preauthorized electronic fund transfer from a consumer's bank account, the applicable enrollment flow will obtain a written or similarly authenticated authorization, provide a copy to the consumer, and provide advance notice of a varying transfer amount and date when required by applicable law.
14. Promotions CookUnity customer discounts and referrals
A coupon, introductory price, referral benefit, CookUnity-customer discount, free gift, free or discounted trial, or other promotion is governed by the terms displayed with that offer. Those offer terms will state eligibility, the promotion end date or duration, products or charges covered, the post-promotion recurring price, reminder and cancellation information required by law, and any limitations. Unless an offer expressly states otherwise, a promotion cannot be combined with another offer, has no cash value, is limited to one per household or account, and excludes taxes and delivery or service fees.
If an offer provides an ongoing 10% DogUnity discount to qualifying CookUnity customers, the discount applies only while the eligibility conditions stated in the offer remain satisfied. The offer must specify whether qualification requires an active CookUnity account, an active CookUnity meal subscription, matching account information, or another condition. The discount does not cause DogUnity Products to count toward a CookUnity plan minimum.
We may reject or reverse a promotion obtained through fraud, multiple accounts, misrepresentation, or use contrary to the offer terms. We may modify or discontinue a promotion for future orders unless the offer expressly guarantees a fixed duration, but will not retroactively revoke a properly earned benefit.
15. Shipping and delivery
DogUnity Products may be fulfilled by a third-party warehouse and carrier. The DogUnity Service may state that an order is expected to arrive during a particular week. Any delivery week, date, time, tracking status, or transit estimate is an estimate and not a guarantee. Orders may arrive in more than one package.
You are responsible for providing a complete and accurate delivery address, access instructions, and contact information and for making the location safe and reasonably accessible. Unless you provide other accepted instructions, the carrier may leave a package unattended at the address. You are responsible for promptly retrieving it. We are not responsible for delay, loss, theft, spoilage, or damage caused by inaccurate information, restricted access, failure to retrieve a delivery, or conditions after delivery, except to the extent required by law.
Title and risk of loss pass to you when the product is delivered to the address you supplied, subject to rights that cannot be limited under applicable law. If tracking says delivered but you cannot locate the package, promptly check the delivery area and contact the carrier and DogUnity support.
16. Availability substitutions and recalls
Products, recipes, package sizes, ingredients, and delivery areas are subject to availability and may change or be discontinued. We may impose quantity limits or refuse or cancel an order for suspected fraud, pricing or description error, safety concerns, unavailability, legal restrictions, or other legitimate business reasons. If we cancel a paid item, we will refund or credit the amount charged for that item.
Because changing a dog's food may affect allergies, tolerances, and nutritional needs, we will not substitute a different DogUnity recipe or product without your affirmative approval. If a selected product is unavailable and you do not approve a substitute, we may remove it and refund or credit the related charge. Minor packaging changes that do not change the product are not substitutions.
We may suspend sales, cancel an order, or provide a safety or recall notice. If you receive a recall or safety notice, immediately stop using the affected product and follow the stated return, disposal, and other instructions. Keep account contact information current so we can send safety communications.
17. Order issues refunds and adverse event reports
For a missing, damaged, incorrect, thawed when the label requires it to remain frozen, or apparently unsafe delivery, contact support@cookunity.com within two days after delivery and retain the product, package, label, lot code, shipping materials, and photographs when reasonably practicable. We may request this information to investigate. The two-day contact period is requested to facilitate prompt investigation and preservation of evidence; it is not a condition to veterinary care, a product-safety report, or any non-waivable right or remedy.
For a suspected illness, injury, allergic reaction, or other adverse event, obtain veterinary care as appropriate and contact us promptly after discovering the issue, even if more than two days have passed. We may request purchase and lot information, photographs, the remaining product, and reasonably relevant veterinary information. Reporting to us does not replace veterinary care or any report you may make to a regulator.
Because DogUnity Products are perishable, returns are not accepted unless we authorize one. Except as required by law, amounts already charged are nonrefundable. For a verified order or product issue, we may provide a replacement, account credit, or refund for the affected item. Nothing in these Terms limits a non-waivable consumer right or remedy.
18. Privacy
Our collection, use, disclosure, and retention of personal information are described in the privacy policy posted on the DogUnity Service (the "Privacy Policy"), which is incorporated into these Terms by reference where permitted by law. Information in a Dog Profile may be associated with your account and used to personalize products, estimate quantities, provide support, operate the subscription, improve the DogUnity Service, and satisfy legal and safety obligations as described in the Privacy Policy.
Do not submit another person's personal information unless you have authority to do so. If you use a shared household account, other authorized users may be able to view Dog Profiles, order details, and account information.
19. Communications
We may send transactional communications about enrollment, billing, upcoming orders, delivery, account changes, cancellation, product safety, recalls, and customer support by email, text message, telephone, push notification, or another channel associated with your account. Keep contact information current. Transactional communications are part of the DogUnity Service and may continue as needed after cancellation for an order already placed or a legal or safety matter.
Marketing consent is not a condition of purchase. Where you separately consent to marketing texts or calls, message and data rates may apply, message frequency may vary, and you may withdraw consent using the method stated in the message, including replying STOP to a marketing text. Withdrawing marketing consent does not cancel your subscription; use the process in Section 11 to cancel.
20. Site content intellectual property and feedback
The DogUnity Service and its software, design, text, graphics, photographs, videos, recipes, product descriptions, selection methods, trademarks, logos, and other content are owned by or licensed to CookUnity and are protected by intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to access and use the DogUnity Service for personal, noncommercial purposes.
DogUnity, CookUnity, their logos, and related names and trade dress are trademarks of CookUnity or its licensors. No license to use a mark is granted except as necessary to access the DogUnity Service. If you submit suggestions or feedback, you grant CookUnity a perpetual, worldwide, irrevocable, royalty-free right to use and incorporate it without restriction or compensation.
21. Reviews and user content
If the DogUnity Service permits you to submit a review, photograph, comment, or other content ("User Content"), you retain ownership of your User Content. You grant CookUnity and its affiliates a worldwide, nonexclusive, sublicensable, transferable, royalty-free license to host, reproduce, adapt, publish, translate, distribute, display, and otherwise use the User Content to operate, promote, and improve the DogUnity Service, subject to the Privacy Policy.
You represent that you have the necessary rights to submit User Content and that it is accurate as to your experience and does not infringe rights, violate law, disclose another person's confidential information, or contain unlawful, deceptive, threatening, defamatory, obscene, or malicious material. We may moderate or remove User Content but are not required to do so.
22. Acceptable use
You may not, and may not assist another person to:
- use the DogUnity Service or a DogUnity Product for an unlawful, fraudulent, unsafe, or unauthorized purpose;
- resell products or use the DogUnity Service for a commercial feeding, veterinary, testing, or export activity without our written permission;
- interfere with security or operation, introduce malware, scrape or harvest data through automated means, or bypass an access or purchase limitation;
- reverse engineer, copy, frame, mirror, or create a derivative work from the DogUnity Service except as applicable law expressly permits;
- impersonate another person, misrepresent affiliation, create accounts to abuse a promotion, or submit false account, payment, delivery, or Dog Profile information; or
- use DogUnity content, data, or marks to train or operate a competing product or service without our written permission.
23. Third party services and links
The DogUnity Service may rely on payment processors, manufacturers, warehouses, carriers, analytics providers, communications vendors, and other third parties. It may also link to third-party sites or services. Third-party sites and services may have separate terms and privacy policies, and CookUnity does not control or endorse them merely by providing access. These Terms do not limit CookUnity's responsibility for its own obligations to you under applicable law.
24. Suspension and termination
We may suspend or terminate access, cancel an order, or close an account if we reasonably believe you violated these Terms, engaged in fraud or abuse, created a safety or security risk, failed to pay, or used the DogUnity Service in a way that could harm CookUnity, another person, or the Service. Where practicable and legally permitted, we will provide notice and an opportunity to address the issue.
You may stop using the DogUnity Service at any time, but closing an account does not by itself cancel a subscription unless the account flow expressly completes both actions. Sections that by their nature should survive termination, including provisions concerning payment obligations, intellectual property, disclaimers, limitations, indemnification, dispute resolution, governing law, and general terms, will survive.
25. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DOGUNITY SERVICE, DOGUNITY PRODUCTS, RECOMMENDATIONS, AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." COOKUNITY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS.
WE DO NOT WARRANT THAT THE DOGUNITY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT A PRODUCT, PORTION, RECIPE, OR TRANSITION PLAN WILL BE SUITABLE FOR A PARTICULAR DOG; THAT A DOG WILL ACCEPT A PRODUCT; OR THAT A PARTICULAR NUTRITIONAL, DIGESTIVE, WEIGHT, OR HEALTH RESULT WILL OCCUR. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
This Section does not disclaim or limit any implied warranty or consumer remedy that the law of your state prohibits us from disclaiming or limiting. Any disclaimer that is permitted applies only if and to the extent it satisfies applicable requirements concerning wording, conspicuousness, assent, and presentation.
26. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, COOKUNITY, ITS AFFILIATES, AND THEIR LICENSORS, SUPPLIERS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, USE, OR DATA, ARISING FROM OR RELATING TO THE DOGUNITY SERVICE, A PRODUCT, THESE TERMS, OR YOUR INABILITY TO USE THE SERVICE, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF COOKUNITY AND THE OTHER PARTIES IDENTIFIED ABOVE FOR ALL CLAIMS ARISING FROM OR RELATING TO THE DOGUNITY SERVICE, DOGUNITY PRODUCTS, OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO COOKUNITY FOR DOGUNITY PRODUCTS DURING THE 30 DAYS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These exclusions and limits do not apply to liability or rights that cannot lawfully be excluded or limited, including, where applicable, liability for death or injury to a person or animal, property damage, fraud, gross negligence, willful misconduct, or violation of law directly and proximately caused by CookUnity's acts or omissions. If applicable law requires a different limit, this Section is modified only to the minimum extent necessary to comply with that law.
27. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless CookUnity, its affiliates, and their directors, officers, employees, agents, licensors, suppliers, and service providers from third-party claims, losses, liabilities, damages, judgments, costs, and reasonable legal fees arising from your unlawful or unauthorized use of the DogUnity Service, your material violation of these Terms, or User Content you submit. This obligation does not apply to the extent a claim results from CookUnity's own negligence, willful misconduct, or violation of law.
We may assume control of the defense at our expense, and you agree to reasonably cooperate. You may not settle a claim in a manner that admits liability by CookUnity or imposes an obligation on CookUnity without our written consent.
28. Force majeure
CookUnity is not responsible for delay or failure caused by circumstances beyond its reasonable control, including severe weather, natural disaster, fire, epidemic, labor disruption, transportation or carrier disruption, utility or telecommunications failure, cyberattack, governmental action, shortage, supplier failure, or other force-majeure event. We may delay, reschedule, substitute with your approval, or cancel affected fulfillment and will refund or credit any paid item we cancel, as required by law.
29. Dispute resolution and binding arbitration
Please read this section carefully
THIS SECTION AFFECTS YOUR LEGAL RIGHTS. EXCEPT FOR THE LIMITED EXCEPTIONS BELOW, YOU AND COOKUNITY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE DOGUNITY SERVICE, A DOGUNITY PRODUCT, YOUR ACCOUNT, OR YOUR RELATIONSHIP WITH COOKUNITY WILL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION, NOT BY A JUDGE OR JURY IN COURT. YOU AND COOKUNITY WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.
Informal dispute resolution
Before filing arbitration or a court action, the claimant must send a written notice describing the claimant's name and contact information, account email, the facts and legal basis of the claim, the specific relief requested, and the claimant's personal signature. A notice to CookUnity must be emailed to legal@cookunity.com and mailed to the Notice address in Section 31. CookUnity will send its notice to the email or mailing address associated with your account.
The parties will attempt in good faith to resolve the dispute for 60 days after a complete notice is received. An electronic signature satisfies the personal-signature requirement. During that period, either party may request an individualized telephone or video settlement conference. Personal participation is not required where hardship, disability, distance, or participation through counsel makes it impracticable, provided an authorized representative participates in good faith. Any applicable limitations period and filing-fee deadline will be tolled during this 60-day process. Completion of this process is a condition precedent to arbitration or suit, except for a product-safety report, recall cooperation, emergency veterinary care, regulator contact, or legally available emergency relief.
Agreement to arbitrate
If the dispute is not resolved informally, either party may initiate individual arbitration administered by JAMS under its then-applicable Streamlined Arbitration Rules and Procedures for claims within those rules or its Comprehensive Arbitration Rules and Procedures for other claims, as modified by these Terms. If 50 or more substantially similar demands are submitted against the same party by the same or coordinated counsel within 90 days, the JAMS Mass Arbitration Procedures and Guidelines will apply, including any staged or grouped process the arbitrator or JAMS determines appropriate.
This arbitration agreement is governed by the Federal Arbitration Act. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court of competent jurisdiction will decide disputes about the class, collective, consolidated, or representative-action waiver. The arbitrator may award any individual remedy available in court, but only to the extent necessary to resolve the individual claimant's claim. The award will be final and may be entered in any court with jurisdiction.
The arbitration will take place by video, telephone, written submissions, or in the county where you live, as the applicable rules and arbitrator permit. Payment of filing, administration, and arbitrator fees will be governed by JAMS rules and applicable law. CookUnity will not seek attorneys' fees or costs from you unless the arbitrator finds that your claim was frivolous or brought for an improper purpose or applicable law otherwise permits the award.
Exceptions
Either party may bring an individual claim in small claims court if it qualifies and remains there. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, account security, product safety, or the integrity of the DogUnity Service while arbitration is pending. Nothing in this Section prevents you from obtaining emergency veterinary care, reporting an issue to a federal, state, or local agency, participating in a recall or other safety process, or seeking emergency relief that applicable law permits, and an agency may seek relief where the law permits.
Class and representative action waiver
Claims may be brought only in an individual capacity and not as a plaintiff or class member in a purported class, collective, consolidated, private-attorney-general, or representative proceeding. Unless all parties agree in writing, an arbitrator may not combine more than one person's claims or preside over any class, collective, consolidated, or representative proceeding, except for administrative grouping permitted under the JAMS Mass Arbitration Procedures that does not authorize class-wide relief.
Thirty day right to opt out
You may opt out of this arbitration agreement by sending an email to support@cookunity.com within 30 days after you first accept these Terms. The subject line must state "DogUnity Arbitration Opt Out," and the email must include your full name, account email, mailing address, and an unambiguous statement that you opt out of the arbitration agreement in these Terms. Opting out will not affect other provisions of these Terms or any arbitration agreement you previously made with CookUnity.
Changes to this arbitration agreement
If we make a material change to this Section after you first accept these Terms, you may reject that change by sending written notice to legal@cookunity.com within 30 days after the change takes effect. Rejecting a change does not revoke an earlier agreement to arbitrate; the version in effect immediately before the rejected change will govern.
Severability of arbitration terms
If a portion of this Section is found unenforceable, it will be severed and the remainder enforced, except that if the class or representative-action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court after all arbitrable matters are completed.
30. Governing law and court venue
These Terms and any dispute not subject to arbitration are governed by the laws of the State of New York, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 29. This choice does not deprive you of mandatory protections of the law of your state of residence. Subject to Section 29, you and CookUnity consent to exclusive jurisdiction and venue in the state and federal courts located in New York County, New York, except that an eligible individual small claims action may be filed in another proper venue.
31. Notices and contact information
Customer support and product or order questions: support@cookunity.com or the support channel displayed on www.dogunity.com.
Legal notices to CookUnity: CookUnity Inc., Attention Legal Department, 630 Flushing Avenue, 3rd Floor, Brooklyn, New York 11206, with a copy by email to legal@cookunity.com. Email alone is not sufficient for a formal legal notice unless Section 29 expressly permits it or CookUnity acknowledges receipt.
We may provide notices to you through the DogUnity Service, by email, or by mail to the contact information in your account. Electronic notice is effective when sent or posted, unless applicable law requires another method.
32. Changes to these Terms
We may update these Terms prospectively. A material change will be accompanied by clear advance notice and cancellation information in the manner and period required by applicable law; we will obtain separate consent when applicable law requires it. A change required for legal, regulatory, security, recall, or product-safety reasons may take effect sooner to the extent permitted by law. The posted version will state its last-updated date.
If you do not agree to an update, you must cancel before the effective date and stop using the DogUnity Service. Continued use or receipt of subscription orders constitutes acceptance only to the extent permitted by applicable law and does not substitute for separate consent where the law requires it. Price and subscription-feature changes are also governed by Section 12, and arbitration changes are governed by Section 29.
33. General terms
These Terms, the Privacy Policy, the applicable order summary, and any promotion terms constitute the entire agreement between you and CookUnity concerning the DogUnity Service and replace prior or contemporaneous communications on that subject. If they conflict, the order summary controls the commercial details of the specific order or subscription, promotion terms control the promotion, these Terms control the DogUnity Service generally, and the Privacy Policy controls the treatment of personal information.
You may not assign these Terms or transfer an account without our written consent. CookUnity may assign these Terms to an affiliate or in connection with a merger, financing, reorganization, sale of assets, or transfer of the DogUnity business, provided the assignment does not reduce your non-waivable rights. There are no third-party beneficiaries except CookUnity's affiliates and the persons expressly protected by Sections 25 through 27.
If a provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain in effect, subject to the specific severability rule in Section 29. A failure to enforce a provision is not a waiver. Section headings are for convenience only. The words "including" and "include" mean "including without limitation." Electronic records and signatures have the same effect as paper records and signatures where permitted by law.