Terms & Conditions

INTRODUCTION

These Terms of Service are a written contract (the “Terms”) between you and/or your company (collectively, “you”) and Automated Pet Care Products, LLC dba Whisker (“Whisker,” “we” or “us”) and apply to your use of our websites and mobile apps, including whisker.com, litter-robot.com, litterbox.com, and the Whisker mobile app. In these Terms, we refer to all our websites and apps as the “Websites,” unless we’re only talking about our apps, in which case we refer to them as “Apps.” These Terms also apply to your purchase and use of any of our Products (“Products”) through the Websites.

If you don’t agree to these Terms, then you must stop using the Websites.

ARBITRATION

These Terms contain an “Arbitration Agreement” where you agree to resolve any disputes with us without litigation and you waive your rights to a jury trial and to bring a class action.

What is arbitration?

Legal disputes are usually resolved through litigation, which means in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. In fact, many arbitrators are retired judges or lawyers. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by videoconference.

What is our Arbitration Agreement?

Under these Terms, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE OR PRODUCTS, THESE TERMS, THE PRIVACY POLICY, OR ANY OF THE OTHER TERMS AND POLICIES LISTED IN THESE TERMS MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law. Without this Arbitration Agreement, you would have the right to sue in court with a jury trial.

How will the arbitration work?

The arbitration must be filed and conducted through JAMS (www.jamsadr.com), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply to the arbitration. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to us in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

What law will the arbitrator follow?

The laws of Michigan govern these Terms. The arbitrator will apply Michigan law to the claims in the arbitration.

Who pays for the arbitration?

In most cases, the only fee you will have to pay to JAMS is $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more (or even all) of the JAMS fees for the arbitration.

The JAMS fees do not include attorneys’ fees. Regardless of who wins the claim, you will be responsible for paying your attorneys’ fees and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorneys’ fees. If this applies, the arbitrator may award attorneys’ fees as they see fit under such law.

Are there any instances where a court will get involved?

Yes. There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the arbitration agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in or nearest to Auburn Hills, Michigan. This exception for equitable relief does not waive our Arbitration Agreement.

Can I file a class action?

No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED.

How are mass arbitrations handled?

In the event that 75 or more similar arbitration demands are filed against Whisker by individuals represented by the same law firm or coordinating law firms (“Mass Arbitration”), the arbitration shall be administered pursuant to the JAMS Mass Arbitration Procedures and Guidelines (effective May 1, 2024) http://jamsadr.com/mass-arbitration-procedures. By agreeing to these Terms, you and Whisker expressly consent to the application of the JAMS Mass Arbitration Procedures and Guidelines to any Mass Arbitration, as defined herein and by JAMS.

A JAMS-appointed neutral Process Administrator will resolve threshold disputes (e.g., jurisdiction, arbitrability, and procedural fairness) and coordinate administrative matters. The Process Administrator’s determinations on these issues are binding, unless a court or arbitrator later finds them invalid under applicable law. Claims may be grouped into batches for hearings and awards. The Process Administrator may implement protocols to avoid duplication, including limiting discovery and appointing a single arbitrator for common issues. Preliminary disputes (e.g., enforceability of arbitration agreements) will be resolved collectively before the substantive issues are adjudicated on their merits.

For Mass Arbitrations, Whisker will pay all fees required by JAMS, including the initial $7,500 filing fee and Process Administrator costs. Individual claimants are responsible only for the $250 consumer filing fee required under JAMS’ Consumer Minimum Standards.

This Mass Arbitration provision does not preclude either party from pursuing claims in small claims court.

PAYMENTS

Your Payments

You agree to pay Whisker all fees associated with any purchases made by you through the Website. All transmissions of payment information through the Apps or Websites are secured with Internet-standard TLS (also known as HTTPS) encryption. Whisker collects your name, address, and payment information to process your transaction. You agree not to use any fraudulent, stolen, or falsified payment information in submitting any order or other transaction to Whisker.

Subscriptions

Some Products may be offered on a subscription basis. The details of your “Subscription Plan,” such as timing and amount of each payment, will be conveyed to you when you first enroll. By enrolling in a Subscription Plan, you understand and agree that your credit or debit card on file will continue to be charged for additional subscription periods until you change or cancel your subscription. For example, if your Subscription Plan is for $20 per month, we will automatically charge your payment card $20 every month until you cancel.

Next Shipment Reminders

Whisker will notify you by email at least 5 days before your credit or debit card is charged for the next shipment.

Changing or Cancelling Your Subscription Plan

To change or cancel your Subscription Plan, you may log into your account via the Apps or Website and make changes there. You may also email us at orders@Litter-Robot.com, for Subscription Plans provided through the Litter-Robot.com Website, or at cancel@litterbox.com for Subscription Plans provided through the litterbox.com Website. Changes and cancellations must be made no later than three (3) business days in advance of the next scheduled shipment to allow Whisker time to process your change or cancellation.

Subscription Plan Changes by Us

We reserve the right to change the recurring fees or benefits associated with your Subscription Plan; however, such changes will only be made after notice of the fee change is provided to you by email with sufficient time for you to cancel or change your Subscription Plan before the fee change takes effect. If you fail to cancel your Subscription Plan during this notice window, you will be charged the increased fees. We may also cancel a particular Subscription Plan altogether (for example, when a Product is no longer available).

Gift Cards

Gift cards may only be redeemed for Products on the Website. We cannot re-issue lost, stolen, mislaid or damaged gift cards. You cannot use a gift card to purchase another gift card. You cannot return or otherwise redeem a gift card for cash back.