Important Notice
THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 20) THAT AFFECT YOUR LEGAL RIGHTS IF YOU ARE LOCATED IN THE UNITED STATES. BY USING THIS SERVICE, YOU AGREE TO RESOLVE DISPUTES WITH PBD ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS. PLEASE READ SECTION 20 CAREFULLY BEFORE USING THE SERVICE.
IF YOU ARE A CONSUMER LOCATED IN THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM, OR SWITZERLAND, CERTAIN MANDATORY CONSUMER PROTECTION RIGHTS UNDER APPLICABLE LAW CANNOT BE WAIVED OR LIMITED. NOTHING IN THESE TERMS SHALL AFFECT THOSE RIGHTS. SEE SECTION 21 FOR JURISDICTION-SPECIFIC PROVISIONS.
1. Agreement to Terms & Definitions
1.1 Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SARL MACHETTO DOUGLAS, a société à responsabilité limitée organized under the laws of France, with its registered office at 161 rue de la Confrérie, 74500 Publier, France, which owns and operates the website petbreederdirectory.com and the Pet Breeder Hub platform (collectively, the "Service"). SARL MACHETTO DOUGLAS is referred to throughout these Terms as "PBD," "Company," "we," "us," or "our."
By accessing, browsing, registering for, or using the Service in any manner, you acknowledge that you have read, understood, and irrevocably agree to be bound by these Terms, our Privacy Policy, Cookie Policy, Acceptable Use Policy, and all other policies, guidelines, and supplemental terms referenced herein (collectively, the "Agreement"). If you do not agree to all provisions of this Agreement, you must immediately cease all use of the Service.
1.2 Modifications
PBD reserves the right to modify, amend, or update these Terms at any time in its sole discretion. Material changes will be communicated via email to the address associated with your account, through a prominent notice on the Service, or both, at least thirty (30) days before such changes take effect. For EU/EEA users, we will provide notice as required by applicable consumer protection laws. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modifications, your sole remedy is to discontinue use of the Service and delete your account.
1.3 Definitions
Throughout these Terms, the following definitions apply:
- "Breeder" means any individual or entity that lists animals for sale, adoption, or inquiry through the Service.
- "Pet Owner" or "Prospective Pet Owner" means any User who accesses the Service to search for, inquire about, or purchase an animal.
- "Content" means any text, images, photographs, videos, reviews, ratings, listings, data, or other material posted, uploaded, or transmitted through the Service.
- "Concierge Services" means any premium matching, advisory, or facilitation services offered by PBD.
- "Personal Data" has the meaning ascribed to it under the EU General Data Protection Regulation (GDPR) and, where applicable, the California Consumer Privacy Act (CCPA).
- "Platform" means the website petbreederdirectory.com, all associated mobile applications, APIs, and related digital properties.
- "Transaction" means any agreement, communication, payment, or exchange between a Breeder and a Pet Owner, whether or not facilitated through the Service.
- "Verified" or "Trusted" Badge means a visual indicator showing that a Breeder has completed PBD's voluntary verification process, which does not constitute endorsement, certification, or guarantee of any kind.
2. Eligibility
You must be at least eighteen (18) years of age (or the age of majority in your jurisdiction, whichever is higher) and possess the legal capacity to enter into binding contracts. By using the Service, you represent and warrant that: (a) you meet all eligibility requirements; (b) all registration information you provide is truthful, accurate, current, and complete; (c) you will maintain and promptly update such information; and (d) you are not barred from using the Service under any applicable law.
If you are accessing the Service on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the full authority to bind that entity to these Terms, and that such entity agrees to indemnify PBD for any violation of these Terms by its representatives.
The Service is not directed to individuals under the age of 16. We do not knowingly collect Personal Data from children under 16. If we learn that we have collected Personal Data from a child under 16, we will take steps to delete such data promptly. If you believe a child has provided us with Personal Data, please contact us at [email protected].
3. User Accounts & Authentication
3.1 Account Security
You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password and any multi-factor authentication methods. You accept full responsibility for all activities that occur under your account, whether or not authorized by you. You must immediately notify PBD at [email protected] of any unauthorized use of your account, suspected security breach, or any other compromise of your credentials.
3.2 Third-Party Authentication
If you register or log in using a third-party authentication provider (e.g., Google OAuth), you authorize PBD to access, store, and use certain information from such provider as described in our Privacy Policy. Your relationship with the third-party provider is governed by their own terms and privacy policy, and PBD is not responsible for the actions, omissions, or practices of any third-party authentication provider.
3.3 Account Suspension & Termination
PBD reserves the right to suspend, restrict, or permanently terminate any account at any time, with or without notice, for conduct that it determines, in its sole and absolute discretion: (a) violates these Terms; (b) is harmful to other Users, Breeders, animals, or the Service; (c) involves fraudulent, deceptive, or illegal activity; (d) creates potential legal liability for PBD; or (e) for any other legitimate business reason. PBD shall not be liable to you or any third party for any such suspension or termination.
4. Description of the Service
4.1 Platform Nature
Pet Breeder Hub is an online directory and platform that connects prospective pet owners with breeders. All information in this directory is from our own compilation. No information was taken from, sourced from, or provided by any of the third-party organizations, registries, or kennel clubs referenced or displayed on the Service. The Service may include, without limitation: breeder listings and profiles, search and filtering functionality, user reviews and ratings, breed information and educational content, concierge and matching services, messaging functionality, and related features.
4.2 Intermediary Status
PBD DOES NOT BREED, SELL, BUY, TRANSFER, ADOPT OUT, OR TAKE CUSTODY OF ANIMALS. PBD ACTS SOLELY AS A PASSIVE INTERMEDIARY PLATFORM AND INFORMATION SOCIETY SERVICE PROVIDER WITHIN THE MEANING OF DIRECTIVE 2000/31/EC (E-COMMERCE DIRECTIVE) AND THE DIGITAL SERVICES ACT (REGULATION (EU) 2022/2065). PBD IS NOT A PARTY TO ANY TRANSACTION BETWEEN USERS AND BREEDERS.
PBD does not guarantee, endorse, verify, inspect, certify, or make any representations regarding: the quality, health, genetic condition, lineage, pedigree, temperament, vaccination status, or welfare of any animal listed on or connected through the Service; the accuracy, completeness, or reliability of any information provided by Breeders; or the compliance of any Breeder with applicable laws, regulations, licensing requirements, or industry standards. All Transactions between Users and Breeders are conducted solely between those parties at their own risk.
4.3 No Agency Relationship
Nothing in these Terms or the operation of the Service creates an agency, partnership, joint venture, employment, or franchise relationship between PBD and any User, Breeder, or third party. No Breeder is an agent, employee, or representative of PBD.
5. No Guarantee of Breeder Quality; Platform Immunity
5.1 No Endorsement
While PBD endeavors to maintain a directory of reputable breeders, PBD makes absolutely no representations, warranties, endorsements, or guarantees regarding any Breeder, their practices, facilities, credentials, licenses, or the health, genetic condition, welfare, or temperament of any animal. "Verified," "Trusted," "Premium," or similar badges or designations indicate only that a Breeder has completed PBD's voluntary verification process and/or paid for enhanced listing features. Such designations do not constitute an endorsement, guarantee, certification, or representation of breeding practices, animal welfare standards, regulatory compliance, or fitness for any particular purpose.
5.2 User Due Diligence
Users are solely and exclusively responsible for conducting their own independent due diligence before entering into any Transaction with any Breeder, including but not limited to:
- Visiting the breeding facility in person before any payment is made
- Requesting and independently verifying veterinary health records, genetic testing results, and vaccination records
- Verifying that the Breeder holds all required federal, state, and local licenses and permits
- Confirming compliance with all applicable local, state, federal, and international laws governing the breeding, sale, and transport of animals
- Reviewing the Breeder's health guarantee, return policy, and contractual terms directly with the Breeder
- Consulting with an independent veterinarian regarding the health of any animal before purchase
5.3 Assumption of Risk
You expressly acknowledge and agree that any reliance on information provided through the Service is at your sole risk. The purchase, adoption, or acquisition of any animal involves inherent risks, including but not limited to health complications, genetic disorders, behavioral issues, and financial expense. You voluntarily assume all such risks. PBD shall bear no responsibility or liability for any loss, injury, damage, or expense arising from or related to any Transaction between you and any Breeder or any interaction with any animal.
5.4 No Veterinary, Legal, or Financial Advice
The Service does not provide, and no Content on the Service should be construed as, veterinary, medical, legal, financial, tax, or professional advice. You should consult qualified professionals for all such matters.
6. User-Generated Content & DMCA/DSA Compliance
6.1 License Grant
The Service allows Users to submit reviews, ratings, photographs, listings, messages, and other content ("User Content"). You retain ownership of your User Content. However, by submitting User Content, you grant PBD a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in connection with the Service, in any media format and through any media channel, whether now known or hereafter developed.
6.2 Content Representations
You represent and warrant that your User Content:
- Is truthful, accurate, and based on genuine personal experience
- Does not infringe, misappropriate, or violate any third-party intellectual property, privacy, publicity, or other proprietary rights
- Does not contain defamatory, libelous, obscene, threatening, harassing, discriminatory, or otherwise unlawful material
- Complies with all applicable laws and regulations in all jurisdictions
- Does not contain malware, viruses, spam, unauthorized advertising, or any harmful code
- Does not violate these Terms or any PBD policy
6.3 Content Moderation
PBD reserves the right, but not the obligation, to monitor, review, edit, remove, or refuse to publish any User Content at its sole discretion, without notice or liability. The exercise or non-exercise of this right does not create any duty, obligation, or liability on the part of PBD regarding User Content.
6.4 DMCA Notice & Takedown (United States)
If you believe that Content available on the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated copyright agent:
DMCA Agent: PBD Legal Department
Address: 161 rue de la Confrérie, 74500 Publier, France
Email: [email protected]
Your notification must include: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material to be removed with sufficient detail to locate it; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement under penalty of perjury that the notification is accurate and you are authorized to act on behalf of the copyright owner.
Repeat infringers will have their accounts terminated in accordance with PBD's repeat infringer policy.
6.5 DSA Notice & Action Mechanism (European Union)
In accordance with the Digital Services Act (Regulation (EU) 2022/2065), Users and third parties may report illegal content through PBD's designated reporting mechanism at [email protected] or through the reporting tools available on the Platform. Upon receipt of a sufficiently precise and substantiated notice, PBD will act expeditiously to remove or disable access to the reported content and notify the affected content provider, in accordance with Articles 16 and 17 of the DSA. Content providers may submit counter-notices as described in our Transparency Report.
7. Payments, Subscriptions, Refunds & EU Right of Withdrawal
7.1 Fees & Payment Processing
Certain features of the Service require paid subscriptions or one-time fees. All prices are displayed in the applicable currency inclusive of VAT where required by law. Payments are processed by our third-party payment processor, Stripe, Inc. By making a payment, you also agree to Stripe's terms of service and privacy policy. PBD is not responsible for errors, failures, or issues caused by Stripe or any other payment processor.
7.2 Subscriptions & Auto-Renewal
Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). You authorize PBD to charge the applicable fees to your designated payment method on each renewal date. Subscriptions will automatically renew at the end of each billing period unless cancelled before the renewal date. Failure to pay may result in suspension or termination of access to paid features.
7.3 Refund Policy (General)
Subscription fees are generally non-refundable except as required by applicable law. PBD may, in its sole discretion, offer pro-rated refunds for annual subscriptions cancelled within fourteen (14) calendar days of purchase or renewal. Refund requests must be submitted in writing to [email protected].
7.4 EU/EEA Right of Withdrawal
If you are a consumer located in the European Economic Area (EEA) or the United Kingdom, you have the right to withdraw from a distance contract within fourteen (14) calendar days of purchase without giving any reason, in accordance with Directive 2011/83/EU. To exercise this right, you must inform us of your decision by a clear statement (e.g., email to [email protected]). Upon valid withdrawal, we will reimburse all payments received from you within fourteen (14) days using the same means of payment.
Exception: If you have expressly consented to the provision of digital content or services before the end of the withdrawal period and acknowledged that you thereby lose your right of withdrawal, the right of withdrawal shall not apply. By clicking "Start Subscription" or equivalent, and checking the consent box, you expressly consent to immediate performance and acknowledge the loss of your withdrawal right.
7.5 Taxes
You are responsible for all applicable taxes, duties, and levies associated with your use of the Service, except where PBD is legally required to collect and remit such taxes. PBD will add applicable VAT, sales tax, or equivalent taxes as required by law.
8. Prohibited Conduct
You agree not to, and will not assist, encourage, or enable any third party to:
- Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation
- Post false, misleading, defamatory, fraudulent, or fabricated reviews, ratings, or content
- Impersonate any person, entity, or falsely claim any affiliation with any person or entity
- Engage in any activity that interferes with, disrupts, degrades, or impairs the Service or its underlying servers, networks, or infrastructure
- Attempt to gain unauthorized access to any part of the Service, other Users' accounts, or any systems or networks connected to the Service
- Scrape, crawl, harvest, mine, or collect data from the Service by automated means without prior written authorization from PBD
- Use the Service to facilitate the sale, transport, or transfer of animals in violation of any applicable laws, including the Animal Welfare Act, Lacey Act, Endangered Species Act, CITES, or equivalent legislation
- Circumvent, manipulate, or attempt to manipulate the review system, ratings, search algorithms, verification badges, or any other features of the Service
- Engage in, promote, facilitate, or condone any form of animal cruelty, neglect, abuse, trafficking, or illegal or unethical breeding practices, including the operation of puppy mills or kitten mills
- Use the Service to send unsolicited commercial communications (spam), phishing attempts, or any unauthorized advertising or promotional material
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, or architecture of the Service
- Introduce malware, viruses, trojan horses, worms, logic bombs, or other harmful or technologically disruptive material
- Use any automated system, including but not limited to bots, spiders, or scripts, to access the Service for any purpose without express written permission
- Engage in price manipulation, bid manipulation, shill bidding, or other deceptive commercial practices
- Use the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party's use of the Service
Violation of this Section may result in immediate account termination, legal action, and reporting to law enforcement authorities.
9. Intellectual Property
9.1 Company IP
The Service and its original content (excluding User Content), features, functionality, software, design, graphics, data compilations, and all underlying technology are and shall remain the exclusive property of PBD and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws of France, the European Union, the United States, and applicable international treaties.
9.2 Trademarks
"Pet Breeder Hub," "Pet Breeder Directory," the paw-print logo, and all related names, logos, product and service names, designs, slogans, and trade dress are trademarks or registered trademarks of PBD. You may not use, reproduce, or display these marks without prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Service are the property of their respective owners.
9.3 Feedback
Any ideas, suggestions, feedback, or recommendations you provide to PBD regarding the Service ("Feedback") shall be the exclusive property of PBD. You hereby irrevocably assign to PBD all rights, title, and interest in and to such Feedback, including all intellectual property rights, without compensation or further obligation to you.
10. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless PBD, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, service providers, contractors, and their respective successors and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including but not limited to reasonable attorneys' fees, expert witness fees, court costs, and settlement amounts) arising out of or in connection with:
- Your access to or use of the Service
- Your User Content or any Content you post, submit, or transmit
- Any Transaction, agreement, communication, or dispute between you and any Breeder, Pet Owner, or third party
- Your violation or alleged violation of these Terms or any PBD policy
- Your violation or alleged violation of any applicable law, regulation, or the rights of any third party
- Any claim that your User Content caused damage to a third party
- Any misrepresentation by you
- Your negligence or willful misconduct
This indemnification obligation shall survive the termination of these Terms, the deletion of your account, and your cessation of use of the Service. PBD reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate with our defense of such claims.
EU/EEA Users: This indemnification clause applies only to the extent permitted under the consumer protection laws of your jurisdiction. Where applicable law provides otherwise, the provisions of applicable law shall prevail.
11. Disclaimers & Limitation of Liability
11.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
PBD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT, DATA, OR RESULTS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE.
PBD MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT, INFORMATION, REVIEWS, RATINGS, OR BREEDER LISTINGS AVAILABLE THROUGH THE SERVICE. PBD SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION REGARDING THE HEALTH, GENETIC CONDITION, TEMPERAMENT, PEDIGREE, OR WELFARE OF ANY ANIMAL LISTED ON OR CONNECTED THROUGH THE SERVICE.
11.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PBD, OR ANY INDEMNIFIED PARTY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR: LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICE OR ANY TRANSACTION WITH A BREEDER; VETERINARY EXPENSES, MEDICAL EXPENSES, OR COSTS ASSOCIATED WITH ANY ANIMAL; EMOTIONAL DISTRESS, MENTAL ANGUISH, OR LOSS OF COMPANIONSHIP; OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF PBD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF PBD AND ALL INDEMNIFIED PARTIES FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO PBD IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).
11.3 Basis of the Bargain
You acknowledge and agree that PBD has offered the Service, set its prices, and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between you and PBD, and that these provisions form an essential basis of the bargain between you and PBD.
EU/EEA Users: The above limitations and exclusions apply only to the extent permitted by applicable law in your jurisdiction. Under EU consumer protection law, PBD remains liable for damages caused by its intentional misconduct or gross negligence, for breach of essential contractual obligations, and for death or personal injury caused by its negligence. Mandatory statutory warranty rights under consumer protection law are not affected by these Terms.
12. Third-Party Links, Services & API Integrations
The Service may contain links to third-party websites, applications, services, or resources that are not owned, operated, or controlled by PBD. PBD has no control over, and assumes no responsibility or liability for, the content, privacy policies, practices, availability, or security of any third-party websites or services. You acknowledge and agree that PBD and its Indemnified Parties shall not be responsible or liable, directly or indirectly, for any damage, loss, claim, or expense caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, goods, or services. The inclusion of any link does not imply endorsement, approval, or affiliation. Your interactions with third-party services, including payment processors (e.g., Stripe), mapping services, analytics providers, and social media platforms, are governed by the terms and policies of those third parties.
13. Termination & Suspension
13.1 Termination by PBD
PBD may suspend, restrict, or terminate your access to the Service immediately, without prior notice or liability, at its sole and absolute discretion, for any reason, including but not limited to: breach of these Terms; fraudulent, abusive, or illegal activity; request by law enforcement; extended inactivity; or discontinuation of the Service or any part thereof.
13.2 Termination by You
You may terminate your account at any time by contacting us at [email protected] or through the account settings on the Platform. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations.
13.3 Effects of Termination
Upon termination: (a) your right to use the Service will immediately cease; (b) PBD may delete your account data in accordance with our Privacy Policy and applicable data retention laws; (c) any outstanding fees become immediately due and payable; and (d) provisions that by their nature should survive termination shall survive, including but not limited to: Sections 5, 6.1, 9, 10, 11, 14, 19–21, and 26–27.
14. Privacy, Data Protection & GDPR/CCPA Compliance
14.1 Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
14.2 GDPR Compliance (EU/EEA Users)
For Users located in the European Economic Area, the United Kingdom, or Switzerland, PBD processes Personal Data in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR") and applicable national implementing legislation. PBD acts as the data controller for Personal Data collected through the Service. You have the following rights under the GDPR:
- Right of access (Article 15)
- Right to rectification (Article 16)
- Right to erasure / right to be forgotten (Article 17)
- Right to restriction of processing (Article 18)
- Right to data portability (Article 20)
- Right to object to processing (Article 21)
- Right not to be subject to automated decision-making (Article 22)
- Right to lodge a complaint with a supervisory authority (Article 77)
To exercise these rights, contact our Data Protection Officer at [email protected]. We will respond within thirty (30) days as required by the GDPR.
Lead Supervisory Authority: Commission Nationale de l'Informatique et des Libertés (CNIL), France.
14.3 CCPA/CPRA Compliance (California Residents)
If you are a California resident, you have additional rights under the California Consumer Privacy Act as amended by the California Privacy Rights Act ("CCPA/CPRA"), including:
- The right to know what Personal Data we collect, use, disclose, and sell
- The right to request deletion of your Personal Data
- The right to correct inaccurate Personal Data
- The right to opt out of the sale or sharing of Personal Data
- The right to non-discrimination for exercising your privacy rights
- The right to limit the use and disclosure of Sensitive Personal Information
We do not sell Personal Data as defined under the CCPA/CPRA. To exercise your rights, contact us at [email protected]. We will verify your identity before processing any request.
14.4 Additional US State Privacy Laws
Users in Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), Utah (UCPA), Texas (TDPSA), Oregon (OCPA), Montana (MCDPA), and other states with comprehensive consumer privacy legislation have additional rights as detailed in Appendix A.
16. Anti-Animal Trafficking & Welfare Compliance
16.1 Zero-Tolerance Policy
PBD maintains a strict zero-tolerance policy toward animal trafficking, puppy mills, kitten mills, backyard breeding, and any form of illegal, unethical, or inhumane breeding operation. The exploitation, smuggling, abuse, neglect, or unlawful commercial trade of animals is a serious criminal offense and is fundamentally incompatible with the mission of Pet Breeder Hub.
16.2 Breeder Compliance
All Breeders listed on the Service are expected to comply fully with all applicable local, national, and international animal welfare laws and regulations, including but not limited to:
- The Animal Welfare Act (United States, 7 U.S.C. § 2131 et seq.)
- USDA/APHIS licensing and inspection requirements
- State and local breeding, licensing, and pet sale laws
- The European Convention for the Protection of Pet Animals (ETS No. 125)
- EU Regulation 2016/429 (Animal Health Law)
- CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora)
- National and regional animal welfare legislation in all applicable jurisdictions
16.3 Company Rights
PBD reserves the unilateral right to:
- Immediately suspend or permanently remove any listing, profile, or account suspected of involvement in animal trafficking, illegal breeding, animal cruelty, neglect, or any violation of applicable animal welfare laws
- Report suspected trafficking, cruelty, or illegal activity to appropriate law-enforcement authorities, animal welfare organizations, and regulatory agencies
- Cooperate fully with investigations conducted by governmental agencies, regulatory bodies, and recognized animal welfare organizations
- Share relevant user data with law enforcement when legally required, when served with valid legal process, or when there is a credible and imminent risk to animal welfare or public safety
- Retain records and evidence relating to suspected violations for a period of not less than five (5) years
16.4 Reporting
If you suspect that a Breeder, listing, or any activity on Pet Breeder Hub involves animal trafficking, illegal breeding, animal cruelty, or any violation of animal welfare laws, please report it immediately to [email protected]. All reports are treated with the highest degree of confidentiality and are investigated promptly. PBD will not retaliate against any User who makes a good-faith report.
17. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from causes beyond the reasonable control of that party, including but not limited to: acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, government actions or orders, sanctions, embargoes, strikes, labor disputes, power failures, internet or telecommunications failures, cyberattacks, fire, flood, earthquake, or any other force majeure event. The affected party shall use commercially reasonable efforts to mitigate the impact of the event and resume performance as soon as practicable.
18. Electronic Communications & Notices
By using the Service and providing your email address, you consent to receive electronic communications from PBD, including: account-related notifications, security alerts, legal notices, policy updates, service announcements, transactional emails, and, where you have opted in, marketing and promotional communications. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
You may opt out of non-essential marketing communications at any time by clicking the "unsubscribe" link in any marketing email or by contacting us at [email protected].
All legal notices to PBD should be sent to: [email protected] or by mail to SARL MACHETTO DOUGLAS, 161 rue de la Confrérie, 74500 Publier, France.
19. Governing Law (General)
Except as otherwise provided in Section 20 (US Arbitration) and Section 21 (Jurisdiction-Specific Provisions):
These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
Any dispute arising out of or relating to these Terms or the Service that is not subject to arbitration under Section 20 shall be resolved through good-faith negotiation for a period of thirty (30) days. If negotiation fails, the dispute shall be submitted to the exclusive jurisdiction of the competent courts located in Thonon-les-Bains, France.
Notwithstanding the foregoing, PBD retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction worldwide to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights, trade secrets, or confidential information.
20. US-Specific: Binding Arbitration & Class Action Waiver
THIS SECTION APPLIES ONLY TO USERS LOCATED IN THE UNITED STATES. PLEASE READ IT CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
20.1 Agreement to Arbitrate
You and PBD mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with PBD (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that: (a) either party may bring individual claims in small claims court if the claims qualify; and (b) either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement of intellectual property rights.
20.2 Arbitration Rules & Procedures
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, or by JAMS under its Streamlined Arbitration Rules and Procedures then in effect, at the election of the claimant. The arbitration shall be conducted by a single arbitrator. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.
20.3 Class Action Waiver
YOU AND PBD EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. If this class action waiver is found to be unenforceable with respect to a particular claim, then this entire arbitration agreement shall not apply to that claim (but shall continue to apply to all other claims).
20.4 Mass Arbitration Protocols
If twenty-five (25) or more similar arbitration demands are filed against PBD within a sixty (60) day period ("Mass Arbitration"), the following bellwether protocol shall apply: (a) fifteen (15) arbitration demands shall be selected at random to proceed first as bellwether cases; (b) all other demands shall be stayed pending resolution of the bellwether cases; (c) after the bellwether cases are resolved, the parties shall attempt to resolve the remaining demands through mediation; and (d) if mediation fails, the remaining demands shall proceed in batches of fifteen (15).
20.5 Opt-Out Right
You have the right to opt out of this arbitration agreement by sending written notice within thirty (30) days of first creating your account. Opt-out notices must be sent to [email protected] with the subject line "Arbitration Opt-Out" and must include your full legal name, email address associated with your account, and a clear statement that you wish to opt out.
20.6 Statute of Limitations
To the maximum extent permitted by law, you agree that any claim or cause of action arising out of or relating to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred. This provision does not apply where a shorter or longer statute of limitations is mandated by applicable law that cannot be contractually modified.
20.7 Fee Allocation
Payment of arbitration fees shall be governed by the applicable AAA or JAMS fee schedule. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, PBD will pay as much of the arbitration filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
21. Jurisdiction-Specific Provisions (EU/EEA & US States)
21.1 European Union / European Economic Area
If you are a consumer habitually resident in the EU/EEA, you benefit from any mandatory provisions of the consumer protection law of your country of residence. Nothing in these Terms shall deprive you of the protection afforded by provisions from which, by virtue of applicable law, there can be no derogation by agreement. In particular:
- You may bring proceedings in the courts of your country of residence (Article 18, Regulation (EU) No 1215/2012 — Brussels I bis)
- Mandatory consumer protection rights, including the right of withdrawal, unfair contract terms protections under Directive 93/13/EEC, and the Consumer Rights Directive 2011/83/EU, are fully preserved
- The European Commission's Online Dispute Resolution (ODR) platform is available at https://ec.europa.eu/consumers/odr
- The arbitration and class action waiver provisions in Section 20 do not apply to EU/EEA consumers where prohibited by mandatory law
- Limitations of liability and disclaimers apply only to the extent permitted by applicable mandatory law in your jurisdiction
21.2 United Kingdom
If you are a consumer resident in the United Kingdom, nothing in these Terms shall affect your statutory rights under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or other applicable UK consumer protection legislation. Disputes may be referred to an ADR provider certified by the Chartered Trading Standards Institute.
21.3 United States — State-Specific
Certain US states provide additional consumer protections that cannot be waived by contract. To the extent any provision of these Terms conflicts with the mandatory laws of your state of residence, the mandatory law shall prevail. See Appendix A for state-specific disclosures.
21.4 California Residents
Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Pursuant to California Civil Code Section 1542, by accepting these Terms, you do not waive any claims you may have that you do not know or suspect to exist at the time of acceptance if such waiver would be prohibited by California law.
22. Digital Services Act (DSA) Compliance — EU
In accordance with Regulation (EU) 2022/2065 (the Digital Services Act), PBD, as an intermediary service provider:
- Designates the following point of contact for EU authorities and users: [email protected]
- Maintains a transparent, accessible, and user-friendly notice-and-action mechanism for reporting illegal content
- Provides clear information about content moderation practices, algorithmic systems, and decision-making processes in our Transparency Report
- Ensures that content moderation decisions respect Users' fundamental rights, including freedom of expression and information
- Offers an internal complaint-handling system for Users affected by content moderation decisions, as required by Article 20 DSA
- Publishes annual transparency reports as required by Article 15 DSA
Users who are dissatisfied with the outcome of PBD's internal complaint-handling process may refer their complaint to a certified out-of-court dispute settlement body in accordance with Article 21 DSA.
23. Section 230 Safe Harbor — US
PBD operates as a provider of an interactive computer service within the meaning of Section 230 of the Communications Decency Act (47 U.S.C. § 230). PBD shall not be treated as the publisher or speaker of any information provided by third-party Users, Breeders, or other content providers. PBD's voluntary moderation, editing, or removal of User Content does not create publisher liability under Section 230.
PBD reserves the right, but has no obligation, to restrict or remove User Content that it considers, in its sole discretion, to be obscene, lewd, lascivious, excessively violent, harassing, objectionable, or otherwise in violation of these Terms, regardless of whether such content is constitutionally protected.
24. Export Controls & Sanctions
You agree to comply with all applicable export control laws, trade sanctions, and embargoes, including those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce's Bureau of Industry and Security, the European Union, and the United Nations. You represent and warrant that you are not located in, and are not a national or resident of, any country that is the subject of comprehensive sanctions, and that you are not identified on any U.S. or EU restricted persons list.
25. Accessibility
PBD is committed to making the Service accessible to all Users, including those with disabilities. We endeavor to comply with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and the European Accessibility Act (Directive (EU) 2019/882). If you experience any accessibility barriers, please contact us at [email protected] so we can work to resolve the issue.
26. Assignment, Waiver & Severability
26.1 Assignment
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of PBD. PBD may assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without notice or consent, to any affiliate, subsidiary, successor, or acquirer in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
26.2 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. PBD's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
26.3 Severability
If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed, and the remaining provisions shall continue in full force and effect.
27. Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, Data Processing Agreement (where applicable), and all other policies, guidelines, and supplemental terms referenced herein, constitute the entire agreement between you and PBD regarding the Service. These Terms supersede all prior and contemporaneous agreements, proposals, negotiations, representations, warranties, understandings, and communications, whether written or oral, between the parties with respect to the subject matter hereof. In the event of a conflict between these Terms and any supplemental terms applicable to a specific feature, product, or service, the supplemental terms shall control with respect to that feature, product, or service.
28. Contact Information
- General Inquiries: [email protected]
- Legal & Terms: [email protected]
- DMCA/Copyright: [email protected]
- Privacy & Data Protection: [email protected]
- Data Protection Officer: [email protected]
- Accessibility: [email protected]
- Billing: [email protected]
Mailing Address:
SARL MACHETTO DOUGLAS
161 rue de la Confrérie
74500 Publier, France
Appendix A: State-Specific Disclosures (US)
A.1 California
California residents have rights under the California Consumer Privacy Act (CCPA/CPRA) as described in Section 14.3. Additionally, under California Civil Code Section 1789.3, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. California residents are also entitled to protections under the Song-Beverly Consumer Warranty Act and the Consumers Legal Remedies Act where applicable.
A.2 New York
New York residents may have additional rights under the New York General Business Law, including protections against deceptive business practices (GBL § 349) and false advertising (GBL § 350). These rights are not waived by these Terms.
A.3 New Jersey
New Jersey residents are protected by the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, and the New Jersey Data Privacy Act (effective January 15, 2025). Rights under these statutes cannot be waived by contract.
A.4 Other States
Users in Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), Utah (UCPA), Texas (TDPSA), Oregon (OCPA), and Montana (MCDPA) have additional privacy and consumer protection rights under their respective state laws. To exercise any state-specific rights, contact [email protected].
Appendix B: EU Member State Supplementary Terms
For Users resident in EU/EEA Member States, the following supplementary provisions apply in addition to the main Terms:
- France: Consumer protections under the Code de la consommation apply in full, including rights related to unfair contract terms (Articles L212-1 to L212-3), the right of withdrawal (Articles L221-18 to L221-28), and the legal guarantee of conformity (Articles L217-1 et seq.).
- Germany: Mandatory protections under the Bürgerliches Gesetzbuch (BGB), including §§ 305–310 (general terms and conditions), apply. Limitations of liability for intentional misconduct and gross negligence cannot be excluded.
- Netherlands: Consumer rights under Book 6 and Book 7 of the Dutch Civil Code apply, including protections against unfair commercial practices.
- Italy: Consumer protections under the Codice del Consumo (D.Lgs. 206/2005) apply, including mandatory rights of withdrawal and unfair contract term protections.
- Spain: The General Law for the Defence of Consumers and Users (Real Decreto Legislativo 1/2007) applies. Unfair contract terms are null and void under Spanish law.
Where any provision of these Terms conflicts with mandatory consumer protection law in your EU/EEA Member State of residence, the mandatory law shall prevail.
29. Referral Program
29.1 Overview
PBD operates a voluntary referral program ("Referral Program") that allows eligible Users to earn rewards by inviting new members to the platform. Participation in the Referral Program is optional and subject to the terms set out in this Section 29, which supplement the rest of these Terms. In the event of a conflict between this Section and any other provision, this Section controls with respect to the Referral Program.
29.2 Eligibility
To participate as a referrer, you must: (a) have a verified, active account in good standing; (b) not be subject to any suspension, ban, or pending disciplinary investigation; and (c) comply with all applicable laws, including any laws governing marketing communications in your jurisdiction. PBD may exclude any User from the Referral Program at its sole discretion.
Any person you refer ("Referred User") must be a genuinely new individual who: (a) does not currently hold an account on PBD; (b) registers using your unique referral link; and (c) completes the relevant qualifying action described in Section 29.3 below.
29.3 How Referrals Are Counted — The Unclaimed-Profile Rule
A referral becomes a Successful Referral only when all of the following conditions are met simultaneously:
- The Referred User creates a new account through your unique referral link. Referrals made to persons who already have an account, regardless of when that account was created, do not count.
- For breeders claiming an existing directory profile: the breeder profile must have been in an unclaimed state at the time the Referred User initiates the claim. If the profile was already claimed by any user — including the Referred User themselves — before the referral link was used, the referral does not count. PBD determines claim status from its own records at the time of checkout confirmation; no manual override is available.
- For buyers and organization/shelter accounts: creating a verified new account through the referral link constitutes the qualifying action. There is no separate "profile claim" requirement for these account types.
- The Referred User's account must not be flagged, suspended, or deleted at the time PBD validates the referral.
PBD validates referrals automatically. Validation is final and not subject to appeal except in cases of demonstrable technical error reported to [email protected] within fourteen (14) days of the event.
29.4 Rewards
The current reward structure is: one (1) free premium month for every three (3) Successful Referrals. Rewards are applied automatically to the referrer's account when the third qualifying referral is validated. Reward details:
- Stacking: Rewards accumulate. Six (6) Successful Referrals yield two (2) free months; nine (9) yield three (3) months; and so on. There is no cap on the number of rewards a single User may earn, subject to abuse-prevention provisions in Section 29.6.
- How the free month is applied: The reward extends the referrer's existing premium subscription expiry date by thirty (30) calendar days, or, if the referrer has no active subscription at the time of the reward, sets a new expiry thirty (30) days from the grant date. For breeders and organizations, the relevant subscription record is updated directly. No Stripe subscription or invoice is generated for referral rewards.
- Interaction with paid subscriptions: Referral reward months are additive. They extend your expiry date beyond any existing paid subscription period. If your paid subscription lapses before the referral reward extension is consumed, the extension will activate from the lapse date. Referral rewards do not convert to cash, credits, or any other form of compensation.
- Expiration: Referral reward months that have been applied to your account expire as part of normal subscription expiry. Unused portions of a free month period are forfeited if the account is closed or terminated for any reason. Pending rewards (referrals in a validated but not yet rewarded state) expire ninety (90) days after validation if the referrer's account is inactive.
- Non-transferable: Referral rewards apply exclusively to the referrer's own account and cannot be transferred, gifted, sold, or assigned to another account.
29.5 Reward History & Tracking
You may view your referral statistics, reward history, and current progress toward your next reward in the Referral section of your dashboard. PBD makes reasonable efforts to keep this information accurate but does not guarantee real-time updates. In the event of a discrepancy, PBD's internal records are authoritative.
29.6 Prohibited Conduct & Abuse Prevention
The Referral Program is intended to reward genuine introductions of new members. The following conduct is strictly prohibited and may result in forfeiture of all pending and accrued rewards, suspension or permanent termination of your account, and potential legal action:
- Self-referrals: Using your own referral link to create secondary accounts, or directing household members or associates to create accounts solely for the purpose of generating referral credit.
- Fake or fraudulent accounts: Referring fictitious persons, using bots, scripts, or automated tools to generate sign-ups, or encouraging Referred Users to create accounts they do not intend to use.
- Spam and unsolicited messaging: Distributing referral links via unsolicited bulk email, SMS spam, automated social-media posting, comments on third-party websites without permission, or any method that violates the CAN-SPAM Act, CASL, GDPR, or other applicable anti-spam legislation.
- Misrepresentation: Describing the platform, its features, or the referral rewards in a materially false or misleading manner when soliciting referrals.
- Collusion: Coordinating with other Users to artificially inflate referral counts, including reciprocal referral arrangements designed solely to accumulate rewards.
- Circumventing the unclaimed-profile rule: Attempting to manipulate claim-status records, or orchestrating premature profile releases in order to manufacture Successful Referrals.
PBD employs automated and manual fraud-detection measures. If PBD determines, in its sole discretion, that any referral reward was obtained through prohibited conduct, PBD may claw back the reward from the referrer's account (including reducing the premium expiry date) and take any additional remedial action it deems appropriate.
29.7 Changes and Termination
PBD reserves the right to modify, suspend, or terminate the Referral Program — including the reward structure, eligibility criteria, qualifying actions, and payout thresholds — at any time and without prior notice. Any changes will be effective immediately upon update of these Terms (indicated by the "Last Updated" date above). Continued participation in the Referral Program after changes are posted constitutes acceptance of the updated terms.
In the event PBD terminates the Referral Program entirely: (a) no further Successful Referrals will be counted after the termination date; (b) any rewards already applied to accounts will be honored through their existing expiry dates; and (c) pending referrals that have not yet reached the reward threshold will be forfeited without compensation.
29.8 No Employment or Agency
Participation in the Referral Program does not create an employment, contractor, agency, partnership, or joint-venture relationship between you and PBD. You may not represent yourself as an authorized agent, ambassador, or affiliate of PBD unless you have a separate written agreement to that effect.
29.9 Taxes
The value of referral rewards, if any, may be subject to income tax or other taxes in your jurisdiction. You are solely responsible for determining and satisfying any tax obligations arising from your participation in the Referral Program. PBD does not provide tax advice and does not issue tax documents related to referral rewards.