Legal center

Terms & Conditions

These updates will take effect on October 31, 2025.

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.

SHIPPING, REFUNDS & RETURNS

Shipping

Most orders are shipped within 7 to 10 business days of purchase.

Returns & Refund Policy

Please see our Returns and Refund Policy Page at http://litter-robot.com/returns.html for complete details on requesting and processing refunds and returns, including important deadlines.

Due to hygienic reasons, ALL SALES OF CAT LITTER, CATNIP PRODUCTS, CAT TOYS, AND APPAREL ARE FINAL AND NO REFUNDS WILL BE ISSUED OR RETURNS OR EXCHANGES ACCEPTED.

In addition, ALL SALES ARE FINAL AND NO REFUNDS WILL BE ISSUED OR RETURNS OR EXCHANGES ACCEPTED on the following Products:

• Opened furniture
• Opened pet accessories
• Opened sprays
• Opened wipes
• Furniture items purchased on or after 10/26/22: Cat Orb, Cat Silo, Cat Shelf (2 Pack), Cat Side Table, Cat Pyramid, Cat Tower, Barn Door Dog Crate, Barrister Dog Crate.
• Certain pet accessories purchased on or after 11/9/22: Pet Food Mat, Litter Mat, Memory Foam Bed, Corduroy Cat Tunnel, Fancy Cat Sac, Large Pet Food Mat.

Don’t Ship Poop

We feel we shouldn’t even have to say this, but if you return a Product to us, do not send it full of litter, food, poop, or other waste. Doing so is unfair to delivery personnel, our warehouse workers, and your parents, who raised you better than this. A $75 CLEANING FEE WILL BE ASSESSED AND DEDUCTED FROM ANY REFUND FOR ALL PRODUCTS RETURNED WITH LITTER OR WASTE.

Failure to Return Defective/Damaged Parts

In exchange for any replacement parts or units you receive through your WhiskerCare® coverage, you agree to return the defective or damaged parts or units being replaced. Failure to return the defective or damaged parts or units will not void your warranty, but Whisker reserves the right to: (1) charge your payment method on file for the fair market value of the replacement item if the defective item is not returned; or (2) deny future claims related to the unreturned item until it is received.

YOUR USER ACCOUNT AND CONTENT

Your Account

We may ask you to create a user account (your “Account”) to access certain parts of the Website. You promise that you will only provide complete and accurate information to us in connection with your Account. This means you cannot set up your Account in a manner that impersonates another person or business. If you violate this policy, we may terminate your Account and delete all your Content.

Account Security

It is up to you to ensure your username and password are secure. You agree not to share your Account login details with anyone else. If you believe your Account has been accessed without your permission, you should immediately notify us.

Your Content

We refer to all information and materials uploaded, posted, or communicated to or through the Website as “Content.” Your Content includes your posts and status updates, images, photographs, profile pictures and information, video and audio recordings, artwork, music, literary works, .gifs, memes, reviews, comments, ratings, and your interactions with other users through the Website (both public and private messages). Your Content also includes all Content posted through your Account, regardless of whether you personally posted it.

It is up to you to make sure that your Content obeys these Terms and the law. It is not an excuse to say you did not understand the law, that you were simply reposting another user’s Content, or that you’ve seen similar Content posted by others. Once you decide to post it, the Content becomes your responsibility.

Abusive and Illegal Content

You agree not to post any of the following types of content:

• Infringing Content. Infringing Content is any Content that does not belong to you and for which you have not obtained permission from the owner to post it. For example, any photograph you did not personally take is infringing Content; however, if your friend took a photograph and gave you permission to post it on the Website, it is no longer infringing.
• Illegal or Obscene Content. Any Content prohibited by law—such as child pornography—is also prohibited on the Website. We also prohibit obscene Content, including Content depicting violence, rape, drug use, and similar illegal acts, whether fictionalized or real. We do not allow Content containing pornography, depiction of sexual acts, or nudity on the Website, whether legal or not.
• Threatening, Defamatory, or Invasive Content. We don’t allow any Content that threatens or spreads misinformation about other users or persons. We don’t allow any Content that violates a user’s privacy, such as doxing. The enforcement of this section is within our exclusive discretion. This means that we do not have to take down Content just because you feel it is dishonest or threatening.
• Commercial Solicitations or “Spam”. Do not post Content that solicits other users or constitutes spam. Spammy comments are a great way to get your Account terminated. If you see other users posting spam, you should report it. We appreciate your help with our effort to keep the Website spam-free.

When you post prohibited Content, it creates legal problems for you and Whisker. If a third-party asserts any legal claims against us regarding your Content, you agree that you will indemnify, defend, and hold us harmless for and against all claims asserted by third parties (including, without limitation, other users) that arise out of or relate to your Content. This means you will pay all attorneys’ fees and other costs we incur to defend ourselves in a lawsuit related to your Content. As you can see, it’s easier and cheaper if you don’t post the prohibited Content in the first place!

To prevent such claims from happening, we reserve the right to remove or edit your Content, but we have no obligation to do so, and we do not conduct such reviews as a matter of practice.

Reviews

If your Content contains any reviews or comments — including reviews of the Website, Products, and Whisker — you represent that such reviews and comments are true and accurately represent your experience. You understand and agree that, pursuant to the license granted in your Content (see Intellectual Property section, below), Whisker will have the right to republish all or part of your reviews and comments on the Website, Whisker’s social media accounts, advertising, and other media as Whisker deems fit.

INTELLECTUAL PROPERTY

Your License to Use the Website

So long as you comply with these Terms (including all additional policies linked below), Whisker grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website. This license does not allow you to reproduce, modify, duplicate, copy, sell, resell, distribute, transmit, or otherwise exploit (for any commercial purpose or otherwise) any part of the Website including the Content of other users — unless you first obtain our written permission. We reserve all rights not expressly granted in these Terms. If you breach any provision of these Terms, your license will automatically terminate.

Whisker’s License to Your Content

You are always the owner of your Content; however, we require a license from you to legally display your Content on the Website. Without this license, we could not allow you to upload any Content. Accordingly, you grant to Whisker a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created.

Use of Your Content to Promote the Website

As we explain above, we may use your reviews and comments to promote the Website and Products. Aside from these reviews and comments, we will not use your Content in advertising without first obtaining your permission.

Our Intellectual Property

Our name, logo, Product names, the Website domain, and all content and other materials available through the Website other than your Content (collectively, the “Whisker IP”) are trademarks, copyrights, and intellectual property that are owned by Whisker and our Third-Party licensors and suppliers. Nothing in these Terms grants you any right, title, license, or interest in the Whisker IP. You shall not at any time, nor shall you assist others to, challenge Whisker’s right, title, or interest in, or the validity of, the Whisker IP.

Copyright Infringement and Our DMCA Policy

Just as we ask you and other users to respect our intellectual property rights, we respect the IP rights of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act ("DMCA").

If you believe Content on the Website violates your copyright, please immediately notify Whisker by emailing a DMCA takedown notice ("Infringement Notice") to us. Your Infringement Notice should include all the information described below:

• Identification of your copyrighted work.
• A description of the Content you believe infringes your copyright (the “Infringing Content”). Your description should include enough information about the nature and location of the Infringing Content to allow us to locate it on the Website.
• Your name, address, telephone number, and email address.
• The name, address, telephone number, email address, or other information (for example, username) of the user who posted the Infringing Content.
• A written statement by you that:
  • you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by the copyright owner or by law; and
  • you declare, under penalty of perjury, that all the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
• Your signature, whether electronic or physical, as the copyright owner or a person authorized to act on behalf of the copyright owner

You should send your Infringement Notice to copyright@whisker.com with the subject line “DMCA Infringement Notice: [INSERT YOUR NAME]”. We will respond to all compliant Infringement Notices by taking any action required under the DMCA.

Please note that the DMCA requires that your Infringement Notice be submitted in good faith. This means you are required to evaluate whether the use of your Content on the Website is a “fair use,” as fair uses are allowed under the law. If you are not sure if the Infringing Content infringes your copyright, you should consult with an attorney. If you submit an Infringement Notice in bad faith, the user who posted the Infringing Content could have legal claims against you.

Infringement Notices are not anonymous. If we act in response to your Infringement Notice — such as by removing the Infringing Content — we will pass on your Infringement Notice to that user to afford them an opportunity to respond.

MOBILE APPS AND SOFTWARE

Mobile Networks

When you access the Website or Products through a mobile network, your mobile provider’s rates and fees regarding data usage, minutes, and messaging may apply. Your network or device may have limitations that prevent Apps or Products from working.

Device Access

When you use an App or other software Product, you may be given the opportunity to turn on or off certain permissions for us to access your device or Third-Party accounts. For example, we may ask for permission to track your activity across Third-Party apps. For Apps, your ability to give or revoke such permissions is located within the general platform settings for your device and is not controlled by us.

Software and Updates

By downloading and/or installing any App or other software Product, or by using any “smart” Product that contains firmware, software, or similar components, you consent to receive automatic updates, where available.

Whisker is committed to supporting the continued functionality, security, and performance of its smart device Products. For each new Whisker smart device Product purchased, Whisker will provide software and security updates necessary to maintain the device’s core features and security for a minimum of three (3) years from the date of original retail purchase. During this support period, Whisker will make reasonable efforts to notify users of available updates and provide instructions for installation.

After the minimum support period, Whisker may, at its discretion, continue to offer updates, but does not guarantee ongoing support. The availability of updates may also be affected by third-party service changes or technological limitations beyond Whisker’s control. If you have questions about the duration of software support for your device, please refer to the product’s support page or contact Whisker customer service.

Whisker App and Whisker+ Subscriptions

The Whisker mobile application (“Whisker App”) enables users to connect, monitor, and control compatible Whisker Products, including Litter-Robot and other smart pet products, via Wi-Fi or other supported connectivity. The Whisker App provides users with access to Product management features, usage insights, and related services. Access to certain features and functionality within the Whisker App may require a compatible Whisker Product and an active user account.

Whisker offers both free and paid Subscription Plan tiers for the Whisker App (“Whisker+ Subscriptions”). Whisker+ Subscriptions provide enhanced features and services, which may include, but are not limited to, advanced Product analytics, extended notification options, priority support, and other premium offerings as described on our Websites. Subscription features are available only in connection with eligible Whisker Products and cannot be purchased or used independently of such Products. As with any Subscription Plan, by enrolling in a Whisker+ Subscription, you agree to the applicable subscription terms, including payment, renewal, and cancellation policies communicated to you at the time of your enrollment.

CAMERA AND RECORDING FEATURES

Permitted Use and User Responsibilities

Products containing cameras or other recording devices (in any case, a “camera feature”) are intended solely for monitoring pet activity related to your use of the Products (for example, tracking your cat’s entry to and exit from the Litter-Robot® automatic litter box, monitoring waste disposal cycles, and differentiating between multiple cats in your household). As the user, you are responsible for positioning the camera feature in a manner that avoids recording private areas of your home, including bathrooms, bedrooms, or any spaces not directly related to the Product’s operation.

You are also responsible for complying with all applicable federal, state, and local laws regarding audio and video recording, which may include obtaining consent from all parties present in jurisdictions with two-party consent laws.

In addition, you must ensure that the camera does not inadvertently capture images or audio of individuals under the age of 13 without the consent of a parent or legal guardian, in accordance with applicable children’s privacy laws.

Prohibited Uses

You may not use the camera feature to surveil or record individuals without their knowledge or consent, to monitor areas of your home unrelated to the Product’s operation, or to collect sensitive information such as financial, medical, or intimate personal details. Any use of the camera for purposes other than monitoring pet activity as intended is strictly prohibited.

The camera feature is designed for residential use only and is not intended for use in public, commercial, or workplace environments where additional legal obligations may apply.

Recording Settings

Camera feature settings may allow you to restrict recording to certain detected events, but such settings are intended to reduce the frequency of recordings or notification and are not a guarantee that only pet-related activity will be recorded. While you may choose to restrict event detection to only pet-related activity, recordings may still contain humans if they appear within the field of view of the camera or if the camera mistakes human-related activity for pet-related activity.

Audio is recorded concurrently with video unless the microphone is disabled by the user in the camera feature settings.

Data Handling, Access, and Retention

Video and audio footage captured by the camera feature will be stored for forty-eight (48) hours, by default. Whisker does not actively monitor, access, or review your recordings unless you provide explicit consent for technical support purposes or as required by law in response to valid government requests. Whisker may engage third-party service providers, such as cloud storage vendors, to facilitate certain camera feature functionality, but such providers are permitted to access your data only as necessary to deliver those services and in accordance with our Privacy Policy.

Data Use for Machine Learning and AI Model Development

By enabling the camera feature, you acknowledge and agree that certain video and audio recordings may be used and shared with trusted third-party service providers strictly for the purpose of developing, improving, and training machine learning and/or artificial intelligence (“AI”) models that support device and software functionality. Any such sharing is subject to strict confidentiality obligations and data processing agreements with our vendors and conforms to all applicable privacy and AI laws. Recordings will never be used for personalized advertising, profiling, or other secondary purposes unrelated to the improvement of pet activity monitoring or product features. For more information about how recordings are used for model training and development, see our Privacy Policy.

Compliance and Liability

You acknowledge that Whisker does not control the placement or orientation of the camera feature in your home and disclaims any liability for unintentional recordings resulting from improper installation or use. Whisker is not responsible for unauthorized third-party access to recordings that results from user negligence, such as failure to use strong passwords or to secure your network. Whisker reserves the right to disable or restrict camera functionality for users who violate these terms or applicable laws.

Children’s Privacy

If the camera feature captures images or audio of individuals under the age of 13, you represent and warrant that you are the parent or legal guardian of such individuals or that you have obtained verifiable parental consent for any such recordings.

PRODUCT WARRANTIES

Product-Specific Warranties

Certain Products may come with a manual or other documentation containing warranties and disclaimers specific to such Product. If you have purchased any such Product directly from Whisker or one of our authorized distributors, then such warranties and disclaimers are incorporated herein by reference.

As stated above in the “Mobile Apps and Software” section, for each new Whisker smart device Product purchased, Whisker will provide software and security updates necessary to maintain the Product’s core features and security for a minimum of three (3) years from the date of original retail purchase.

WhiskerCare® 1-Year Coverage

Full details about the WhiskerCare® 1-year coverage plan and the optional purchase of extended WhiskerCare® coverage are available at https://www.litter-robot.com/warranty.html, and are incorporated herein by reference. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so certain limitations herein may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

Modifications and Use of Non-Whisker Parts

You understand and agree that Whisker may, in its sole discretion, deny warranty coverage for defects directly caused by modifications that affect the original function of any Whisker Product (including the proper functioning of its safety features), but warranty coverage remains valid for all other components and defects unrelated to such modifications. You understand and agree not to modify or tamper with the safety features of any Whisker Product.

Your request for Whisker Product warranty support will not be denied solely because you use non-Whisker (i.e., aftermarket) parts, perform repairs or maintenance yourself, or utilize third-party repair services. However, if a defect or damage to your product is caused by a non-Whisker part, improper installation, or third-party service, Whisker may deny warranty coverage for the specific issue or component affected by such modification or service. You assume all risk that the Product has been modified and/or warranties voided when you purchase from a Third-Party reseller instead of directly from Whisker, whether or not you have actual knowledge that such a modification has been performed.

Aftermarket parts or third-party services may carry their own warranties, which are separate from Whisker’s warranty. If you have questions about how modifications or third-party services may affect your warranty rights, please contact Whisker support for additional information.

WhiskerCare® Coverage

The following are covered under both the 1-year coverage plan, and the optional purchase of extended WhiskerCare®: Accidental damage, material/workmanship defects, power surges, mechanical and electrical breakdowns, software support, natural disasters.

Return of Defective Parts for Replacement Claims

If you receive a replacement part or unit under your WhiskerCare® coverage, you agree to return the defective or damaged item to Whisker within thirty (30) days of receiving a prepaid return shipping label. Failure to return the item will not void your warranty, but Whisker reserves the right to: (1) charge your payment method on file for the replacement’s fair market value if the defective item is not returned; or (2) deny future claims related to the unreturned item until it is received.

Your warranty remains valid for all other components and defects unrelated to the unreturned item. If you need additional time to return the item, contact Whisker support to request an extension.

MARKETING COMMUNICATIONS

Consent to Receive Electronic Messages

You consent to receive electronic communications from us, such as text messages, emails, and mobile push notifications. Where required by law, we will provide you an additional, express opportunity to opt-in to receiving such messages. These communications will be about Whisker services, new Product offers, promotions, and other matters. Whisker reserves the right to cross-promote the Apps and Websites; for example, if you purchase a Product on Litter-Robot.com, you may receive marketing messages for Products available on litterbox.com.

You can always opt out of receiving electronic communications as follows:

• For email, click on the “unsubscribe” link in the email and follow any subsequent directions.
• For text messages, respond STOP.
• For mobile push notifications, change your App permissions in the general settings for your mobile device.

For text messages, standard messaging rates will apply. You agree that all texts, calls, and prerecorded messages may be generated by automatic dialing systems.

PROHIBITED CONDUCT

We impose certain restrictions on your use of the Website. You are prohibited from doing any of the following:

• providing false, misleading, or inaccurate information to Whisker or any other person in connection with your Account or the Website;
• impersonating, or otherwise misrepresenting affiliation, connection, or association with, Whisker or any other person or entity;
• accessing the Account of any other user;
• modifying or changing the placement and location of any advertisement posted through the Website;
• harvesting or collecting information about users, including email addresses and phone numbers;
• using any engine, software, tool, agent, or other device or mechanism (such as browsers, spiders, robots, avatars, AI, or intelligent agents) to harvest or collect information from the Website for any use, including any use on another website, app, or media;
• accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;
• attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures;
• interfering with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware, exploiting vulnerabilities, or through a DDoS attack;
• forging, modifying, or falsifying any network packet or protocol header or metadata in connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);
• while using the Website, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising;
• attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Website, including without limitation any effort to modify software or any other technological mechanism for measuring the number of impressions or clicks generated by specific Content and/or the Website;
• creating more than one (1) account; or
• using the Website or your Whisker account to promote yourself, your business, or a Third Party (or another's) business, or causing others to do so.

WHOLESALERS AND RETAILERS

Distribution Program

To protect customers and its own goodwill, Whisker's Products are only available for purchase through Whisker and its authorized distributors and retailers. If you are a retailer or wholesaler interested in offering the Whisker Products to your customers, please contact us at sales@Whisker.com. Please note, currently, we are not accepting any online-only resellers in the United States. Information about international resale is available at https://www.litter-robot.com/international.html.

Prohibition on Resale by Unauthorized Distributors

To the fullest extent permissible under applicable law, you represent and warrant that (i) your purchase of any Products from Whisker, including through the Websites or Apps, are for personal, household use only, (ii) you will not distribute or resell any Product as “new” condition through any online marketplace, including, without limitation, on Amazon.com or eBay.com and other marketplaces, (iii) you will not make any false claims of affiliation with or endorsement by Whisker, (iv) you will not advertise or sell any Product with an altered or removed serial number or UPC Code, and (v) you will not run any advertising for the Litter-Robot® device(s) on any paid search or media platform. Any violation of this Section constitutes a material breach of this Agreement. Subject to and without waiving the provisions of this paragraph, nothing herein shall prohibit sales by Authorized Distributors or prohibit lawful resale of used Whisker Products by a bona fide purchaser (e.g., at garage sales or through online classifieds).

DISCLAIMERS AND LIMITATIONS

Weights and Measures.

The Products and any features concerning weights and measurements are approximations only and are not intended to have the accuracy of a scientific measurement device. Such weights and measurements may be inaccurate or incomplete due to a variety of factors, including those outside of Whisker’s knowledge or control. The SmartScale™ technology used to assess cat weight is most accurate on a firm surface, not carpeting.

Product Images

Please note that all Product images on the Apps and Websites are for illustration purposes only and actual Products may vary due to differences in monitor settings and lighting, enhancements or other changes to the Product, packaging updates, or other changes. Whisker disclaims all warranty or liability for such differentiations between the Product images and the actual Product received.

Whisker Content

All content and materials made available through the Apps or Websites, including but not limited to performance measurements, device statistics, and information regarding your cat’s size, weight, and Product usage patterns (collectively, “Whisker Content”), are provided solely for your convenience and general informational purposes. Whisker Content is designed to help you monitor your Product and your pet’s behavior, but it is not intended to serve as or replace professional veterinary advice, diagnosis, or treatment. You should not rely exclusively on Whisker Content to assess your pet’s health or well-being. If you have concerns about your pet’s health or notice any unusual behavior, you should use your own judgment and promptly consult a qualified veterinarian. Whisker disclaims any liability for actions taken or not taken based on Whisker Content.

No Warranties.

A warranty is a promise made by a business to a consumer about the business’ Products or services. The law assumes a business has made certain warranties unless it disclaims them. When a business “disclaims” a warranty, it is the equivalent of saying “we are not making this promise to you.”

UNLESS WE EXPRESSLY WARRANT SOMETHING IN THIS AGREEMENT, WE DISCLAIM ANY AND ALL WARRANTIES TO YOU, INCLUDING EACH OF THE FOLLOWING WARRANTIES: ALL WARRANTIES ARISING BY OPERATION OF LAW OR OTHERWISE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES.

WE DO NOT WARRANT THAT THE WEBSITE, APPS, PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT THAT YOUR ACCESS TO THE WEBSITE, APPS OR PRODUCTS WILL BE UNINTERRUPTED OR THAT THEY WILL FUNCTION ERROR-FREE.

You understand and agree that you are exclusively responsible for training your pet to use Whisker's Products and Whisker shall not be liable for any damages related to the same, including, without limitation, damages caused by your pet eliminating in or on surfaces other than the intended Product.

Limitations of Liability.

This section limits the types of claims you can bring against us. These limitations help us reduce the risks associated with providing the Website, the Products, and any services — in fact, we could not provide them otherwise.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST CONTENT OR OTHER DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY, INCLUDING GOOD FAITH OR REASONABLE CARE. THESE LIMITATIONS APPLY REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES.

For example, Whisker will not be liable for any property damage caused by your pet, such as urine stains on flooring or upholstery, if either the Product malfunctions or your pet is not successfully trained to use the Product.

MISCELLANEOUS PROVISIONS

Minimum Age

You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if different than 18).

Corporate Use

If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act on behalf of that company, including by agreeing to binding contracts.

Electronic Notice

You consent to receive notices, disclosures, and other communications electronically at the email address linked with your Account. You agree that these electronic notices satisfy any legal requirements that such communications be in writing. You agree to keep your email address associated with your Account up to date so that you don’t miss any notices.

Survival

The provisions of these Terms which, by their nature, should survive termination shall survive such termination, including the sections entitled ARBITRATION, INTELLECTUAL PROPERTY, DISCLAIMERS AND LIMITATIONS, and MISCELLANEOUS PROVISIONS.

Severability

If any provision of these Terms is declared invalid, void, or unenforceable, then that provision is severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

No Waiver

A waiver by either you or Whisker of any term or condition of these Terms, or any breach, in any one instance, will not waive that term or condition or any later breach.

Independent Contractors

You understand and agree that you and Whisker are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.

CHANGES

Internet technology and the applicable laws, rules, and regulations change frequently. We may need to make changes to these Terms and the Privacy Policy from time to time, including to keep up with changes in the law. If we make a material change, we will notify you in advance so you can decide whether you want to continue using the Website after the change takes effect. Your continued use of the Website after the change constitutes your consent to the updated Terms or Privacy Policy. It is up to you to keep the email address associated with your Account up to date so that you don’t miss any such notifications.

OTHER TERMS AND POLICIES

We take your privacy very seriously. Our Privacy Policy (the “Privacy Policy”) is a part of these Terms and is incorporated by reference. The Privacy Policy contains details about how information is collected from you through the Website, how it is used and shared with our service providers, and what your rights are with respect to such information.

The Privacy Policy is available on the Apps under the “Settings” menu and is available on the Websites at https://www.litter-robot.com/legal.html and https://litterbox.com/legal.html.

In addition to the Privacy Policy, the following additional policies govern your use of the Products, Apps and Website and interactions initiated through the Apps and Website, which are incorporated into these Terms by reference:

• Our Accessibility Statement, located below
• Our Prop 65 Warning, located below
• The Refund Policy Page, available at litter-robot.com/returns.html
• WhiskerCare® Coverage details, available at https://www.litter-robot.com/warranty.html
• For any Whisker-sponsored sweepstakes you enter, the corresponding Official Rules
• If you are an Authorized Distributor, your Reseller Agreement, if any
• If you are an advertising affiliate, the Whisker Affiliate Terms

Whisker Privacy Policy

These updates will take effect on October 31, 2025.

Welcome to Whisker. This Privacy Policy explains how Automated Pet Care Products, LLC ("Whisker," "we," "us," or "our") collects, uses, and shares information about you when you use our websites, mobile applications (the "App"), and our connected pet products, including the Litter-Robot®, Feeder-Robot®, and Water-RobotTM (collectively, our "Products").

Your trust is important to us, and we are committed to protecting your privacy.

1. What Information We Collect

We collect information to provide and improve our Products and services. The types of information we collect depend on how you interact with us.

a. Information You Provide to Us: We collect information that you give us directly, such as when you:

• Create an account or make a purchase: We collect your name, email address, shipping and billing addresses, phone number, payment information, and account credentials (such as username and password).
• Contact customer support: We may collect your name, contact information, and the contents of your communications with us.
• Use our Products and App: We collect information you enter, such as pet profile details (pet’s name, weight, age, and other characteristics), manual tracking entries, and settings for devices or accessories.
• Provide Product feedback, surveys, or reviews: We collect submitted content you provide when you submit survey responses, reviews, or comments to us, whether on our websites or while engaging with us on third-party platforms, including any images or other media you upload to us.

b. Information We Collect Automatically: When you use our websites, App, or Products, we automatically collect certain information:

• Usage Data: We collect information about use of our Products, App, and websites, such as cycle history, waste drawer levels, food dispensing schedules, error events, system updates, and your pet's weight and visit frequency. This helps us provide you with insights into your pet's habits.
• Device and Technical Data: We collect information about the devices you use to access our services, including model and operating system, IP address, device identifiers, browser type, usage logs, and error reports.
• Cookies and Tracking Technologies: We use cookies and similar technologies to operate our websites, analyze performance, and for advertising purposes. For more information, please see our Cookie Policy below.

c. Information from Camera Features: If you use a Whisker Camera Feature, it may collect video and audio recordings of the area around your connected Product. This may include images or sounds of people or other pets in your home. You control when the camera records and where the recordings are stored. The camera does not intentionally collect biometric information about humans or perform facial recognition on people; facial recognition is used only for identifying and differentiating cats.

d. Information from Product Sensors: For Products with weighing or presence sensors, data about the weight and presence of pets is collected to support Product features and analytics.

e. Information from Other Sources: We may receive additional information about you from third parties, such as:

• Social networks, such as when you link a Whisker account or engage with us via a third-party social media platform.
• Our vendors and service providers, such as those who provide operational support, payment processors, shipping partners, sweepstakes administrators, fraud prevention services, or customer survey platforms.
• Our advertising and analytics partners, such as partners who provide analytics, advertising (including personalized ads), consent management, SMS and email campaign services, and social media integration services. This information is used to help deliver relevant ads, understand user engagement, and measure the performance of campaigns and our Products and services.
• Publicly available sources or data provided by third-party services integrated with Whisker Products.

2. How We Use Your Information

We use the information we collect for the following purposes:

• To Provide and Improve Our Products: To operate, maintain, and enhance our Products, including monitoring your pet's usage, providing health insights, and sending you notifications. This includes shipping and fulfillment, user authentication, troubleshooting, support, and all core features of the Products, App, websites, and accessories.
• To Personalize Your Experience: To provide insights, notifications, pet activity history, and content that is relevant to you and your pets and to retain your personalized settings.
• To Process Transactions (Including Purchases) and Fulfill Your Requests: To process your orders, manage your account, and respond to your customer service inquiries. This covers payment processing, confirming and shipping orders, warranty and support claims, administering surveys, promotions, sweepstakes, and responding to related inquiries.
• For Marketing and Advertising: To send you marketing communications about our Products and promotions. We also use information to send you offers, recommend products, and provide you with personalized advertising. Where required by law, you can opt out of such uses at any time through available controls.
• For Analytics and Business Purposes: To understand how our customers use and interact with our Products, App, and websites, improve performance, develop new features, ensure product safety and reliability, conduct research and development, and to perform other business operations.
• To Train Machines and AI: With your consent or as legally permitted, select video, audio, and/or other data may be used to train and improve machine learning or artificial intelligence models. See Section 6 below for additional information on our use of machine learning and AI.
• For Security Purposes: To secure and protect our users, Products, and services. This includes fraud prevention, risk analysis, network and information security, and threat detection.
• To Comply with Legal Obligations: To comply with applicable laws, regulations, and legal processes. This includes responding to law enforcement or regulatory agency requests and enforcing or protecting our rights and the rights of others.

Regarding automated decision-making, we do not use video, audio, or other personal data to make automated decisions about individuals except as needed to deliver the described features of a given Product, with human review as appropriate and as required by law.

Regarding uses of sensitive information or camera-derived data, all such uses strictly honor the limitations described in our privacy policy and user agreements. Any sensitive information collected by Whisker is only used for the business purposes described herein and is never used for commercial purposes, such as advertising. See Section 7 below for additional information on our use of sensitive information and your rights with respect to the same.

3. Sale or Sharing of Personal Information

We do not sell your personal information for money. However, under certain U.S. state privacy laws (including, but not limited to, the California Consumer Privacy Act as amended and similar statutes in other states), some transfers of personal data for analytics, advertising, or cross-context behavioral advertising may be considered a ‘sale’ or ‘sharing’ of personal information.

We may disclose your personal information to the following categories of third parties, for the business and/or commercial purposes indicated for each:

• Service Providers: We share information with third-party vendors who perform services on our behalf, such as payment processing, cloud hosting, shipping, and marketing. These providers are contractually obligated to protect your information and use it only for the services we ask them to perform.
• Advertising and Analytics Partners: We work with third-party partners for advertising and analytics. These partners may use cookies and other tracking technologies to collect information about your online activities over time and across different websites to show you more relevant ads. This activity may be considered a "sale" or "sharing" of personal information under certain privacy laws. You can opt out of this at any time through our Privacy Rights Portal.
• In Connection with a Business Transfer: If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction.
• For Legal Reasons: We may disclose your information if we believe it is required by law, such as to comply with a subpoena or other legal process, or to protect our rights, property, or safety, or the rights, property, or safety of others.

You have the right to opt out of any such “sale” or “sharing” of your personal information for these purposes at any time, without charge. To exercise this right:

• Use our Privacy Rights Portal or contact us by email at support@whisker.com.
• Enable a recognized browser privacy signal (such as Global Privacy Control) if you do not want your information sold or shared for targeted advertising, and we will honor it as required by applicable law.

We do not knowingly sell or share the personal information of children under 16 years of age.

For more details on your privacy rights or to make a request, please visit our Use our Privacy Rights Portal or contact us by email at support@whisker.com.

4. Cookie Policy

This Cookie Policy explains how we use cookies, pixels, web beacons, and similar technologies and similar technologies on our websites and App.

What are Cookies, Pixels, and Related Technologies?

Cookies are small text files stored on your device by your browser when you visit websites. Cookies allow websites to recognize your device and store information about your preferences or activities. Cookies may be set by Whisker (“first-party cookies”) or by third parties we work with (“third-party cookies”).

Pixels (also known as pixel tags, web beacons, or clear GIFs) are tiny invisible images embedded in web pages or emails. When a page or email containing a pixel is viewed, it loads from the server and lets the website or service know that someone has visited the page or opened the message. Pixels help measure how effective online advertising or email campaigns are and can be used to understand how users interact with the site or messages.

App tracking technologies are tools built into mobile apps that collect information about how you interact with the app and, in some cases, share data with other apps or companies. This can include tracking what you do inside one app and connecting it to your activities in other apps or across websites, often using a special device identifier, like the Identifier for Advertisers (IDFA) on iOS or the Google Advertising ID (GAID) on Android. These technologies help companies understand your interests so they can show you ads or content that are more relevant to you. Modern smartphones let you control whether apps can track your activity across other apps, and you may see pop-ups asking if you want to allow or block this kind of tracking.

To keep things simple, we refer cookies, pixels, app tracking technologies and similar technologies collectively herein as "Cookies."

Types of Cookies We Use

• Strictly Necessary Cookies: These cookies are essential for the core functionality of our websites, such as maintaining your session, remembering your privacy preferences, or enabling secure login and shopping functions. They cannot be disabled through our cookies banner.
• Performance and Analytics Cookies: These cookies help us understand how visitors interact with our websites, track website traffic, and measure the effectiveness of our campaigns. Common partners for analytics include Google Analytics and similar platforms.
• Functionality Cookies: These cookies remember your settings and preferences, such as language or location, to enhance your experience.
• Advertising and Targeting Cookies: We and our advertising partners use these cookies to build a profile of your interests and show you relevant ads on our websites and other sites. They may track your browsing behavior across websites and over time. Cookies from partners such as Google, Meta, and TikTok may be used for this purpose.

How We Use Cookies

We use cookies for a variety of purposes, including:

• Keeping you signed in and enabling secure transactions.
• Remembering your preferences and settings.
• Analyzing website performance and usage to improve our services.
• Delivering relevant advertising, both on our websites and across third-party networks.
• Measuring marketing campaign effectiveness.

Your Choices and Cookie Management

You have the right to decide whether to accept or reject cookies. You can manage your cookie preferences through:

• Cookie Banner and Settings: When you visit our websites, our cookie banner (powered by third-party Osano) allows you to accept all cookies or customize your preferences by cookie category. You can access and change your cookie preferences after your initial visit to our website by clicking the "Cookie Preferences" link to reopen the Osano-powered cookie management tools. When you click this link, Osano displays the cookie consent interface, allowing you to review and update your preferences by toggling categories on or off or withdrawing consent for non-essential cookies. This feature ensures you retain ongoing control over your privacy choices without needing to clear your cookies.
• Browser Settings: You can usually manage or disable cookies in your browser settings. If you disable all cookies, some parts of our websites may not function properly. To disable cookies directly from your browser, follow the instructions provided by your browser. The following are links to the cookie management instructions for the most popular internet browsers:
  • Chrome: https://support.google.com/chrome/answer/95647
  • Edge: https://support.microsoft.com/en-us/windows/manage-cookies-in-microsoft-edge-view-allow-block-delete-and-use-168dab11-0753-043d-7c16-ede5947fc64d
  • Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox?redirectslug=delete-cookies-remove-info-%20sites%20Web%20stock%C3%A9s&redirectlocale=en-US
  • Safari: https://www.apple.com/legal/privacy/en-ww/cookies/
  • Opera: https://help.opera.com/en/latest/web-preferences/
• Device Settings: If you want to limit app tracking technologies on your devices, both Apple and Android offer straightforward settings. On Apple devices (like iPhone and iPad), open your device’s Settings, go to “Privacy & Security,” then “Tracking,” and use the controls there to turn off tracking for all apps or individually for specific apps. You can also tap “Ask App Not to Track” when prompted by a new app. On Android devices, you can go to “Settings,” look for the “Privacy” or “Google” section, and find “Ads” to either delete your advertising ID (on newer versions) or turn on the option to opt out of ads personalization. These steps help stop apps from using your information for personalized ads or tracking you across different apps, though you may still see generic ads.
• Opt-Out Tools: You can learn more about managing cookies and opting out of interest-based advertising from multiple networks by visiting third-party resources such as the Digital Advertising Alliance’s YourAdChoices and the Network Advertising Initiative’s Opt Out page. These tools allow you to exercise broader choices about how participating companies collect and use your information for targeted advertising purposes.
• Global Privacy Control: Whisker recognizes and honors Global Privacy Control (GPC) signals and other universal opt-out mechanisms as valid requests to opt out of the “sale” or “sharing” of personal information (as those terms are defined by law), for any browser or device where the signal is set. When we receive a GPC or other universal opt-out signal, we will apply your privacy preference to the applicable browser or device, and, when possible, to your user account (if you have one and are logged in at the time the signal is received).

Third-Party Cookies

Some cookies on our websites are set by third parties who provide services such as analytics, advertising, or social media integration. We do not control third-party cookies, and you should refer to the respective privacy policies of those providers for more information.

Personalized Advertising Cookies

As indicated above, we may allow certain third parties—such as advertising partners and analytics providers—to collect information about your use of our websites, apps, or products through cookies, pixels, and other tracking technologies. This may include identifiers, device information, or browsing behavior. While we do not exchange this information for money, these disclosures may be considered a “sale” or “sharing” under U.S. privacy laws because they can be used for cross-context behavioral advertising, targeted advertising, or analytics.

These technologies may recognize your device over time and across different websites and services. Examples include:

• Meta Advertising Pixel: We use the Meta (Facebook, Instagram, Messenger, and Threads) Pixel to help us deliver and measure the effectiveness of advertising on Facebook and Instagram. The Pixel allows Meta to collect information about your browsing activity on our sites, which may be used to show you more relevant ads on Meta platforms and to measure the success of our campaigns. You can learn more about how Facebook uses your information by visiting https://www.facebook.com/privacy/policies/cookies/ and https://www.facebook.com/privacy/policy/.
• TikTok Ads Pixel: We use the TikTok Pixel to track the actions visitors take on our website after interacting with our TikTok ads. This helps us optimize advertising campaigns, build custom audiences, and reach users on TikTok who may be interested in our products. You can learn more about how TikTok uses your information by visiting https://www.tiktok.com/legal/page/global/tiktok-website-cookies-policy/en and https://www.tiktok.com/legal/page/row/privacy-policy/en.
• GoogleAds and Google Analytics: Google Analytics cookies help us analyze website traffic, track conversions, and understand user interactions with our products and marketing campaigns. GoogleAds cookies and tags allow us to display targeted advertisements and measure the effectiveness of our advertising across Google’s platforms. You can learn more about how Google uses your information by visiting https://policies.google.com/technologies/cookies?hl=en-US and https://policies.google.com/privacy?hl=en-US

5. Your Privacy Obligations for Camera Accessories

The following provisions apply if you use a Whisker Camera Feature:

• The Camera Feature and its software are designed to detect pets. Human images may only be incidentally collected (for example, if a human enters the camera’s field of view) and there is no intent to build profiles of people or perform recognition of individual humans. The facial recognition feature is limited to identifying cats by visual characteristics and does not identify humans.
• Depending on your jurisdiction, incidental collection of human images could be subject to additional regional privacy or consent requirements. Users are responsible for informing household members or visitors of the presence and operation of pet monitoring cameras.

6. Notice of Financial Incentive

From time to time, Whisker may offer discounts, promotional codes, or other benefits (“financial incentives”) when you provide personal information such as your email address or phone number for marketing communications. Participation in these programs is entirely voluntary and subject to your prior opt-in consent. The material terms of the financial incentives are as follows:

• To receive a discount, promotional code, or exclusive offer, you may be asked to provide information such as your email address and/or mobile phone number.
• The categories of personal information collected include identifiers (such as name, email address, and phone number) and commercial information (such as purchase history).
• The value of the incentive is reasonably related to the value of the data you provide, based on factors such as the anticipated revenue generated by marketing communications and the cost of the offered benefit.
• You may opt in by submitting your information as described at the point of collection.
• You may withdraw from future incentives and revoke your consent at any time by using the unsubscribe link in an email, replying STOP to SMS, or contacting us at support@whisker.com.
• Your participation is not required to make a purchase, and you may receive the same goods or services without opting in, subject to any differences in promotional offers.

For more information or to exercise your rights, please see our Privacy Rights Portal or contact us at support@whisker.com.

7. Artificial Intelligence and Machine Learning

Certain features of our Products and services—including device functionality, analytics, and personalized experiences—may use artificial intelligence (“AI”) and machine learning technologies. When enabled, we may use device usage data, product sensor data, and recordings (such as video or audio captured through our Camera Feature, where available) to enhance, support, and improve device software and to develop, test, and train our algorithms and models. Some of this data may be shared with trusted third-party service providers solely for these purposes, under strict confidentiality and data processing obligations.

We do not use personal information for AI-based profiling that produces legal or similarly significant effects. Recordings and other personal information will never be used for generalized advertising, profiling, or for purposes unrelated to device or software improvement. You may control the collection and use of certain data for these AI and machine learning purposes through your device and app settings, or by submitting a request through our Privacy Rights Portal.

8. Sensitive Information (Including Biometrics)

Certain types of data—such as biometric information (for example, facial geometry, voiceprints, or other unique biological characteristics captured by camera or audio accessories), health information, and precise geolocation—are considered sensitive under applicable laws. When collected, such data is used solely for the purpose of providing, improving, and securing Whisker’s Products and services; for example, distinguishing between pets for product functionality or verifying user settings.

We do not sell, lease, or use biometric or other sensitive information for unrelated purposes such as advertising or profiling. Biometric information is retained only as long as necessary for the product features enabled by the user and is securely deleted or de-identified when no longer required. You may exercise additional rights or withdraw consent where applicable, using your account settings or our Privacy Rights Portal.

9. Your Privacy Rights and Choices

You have choices about how your information is collected and used. Depending on where you live, you may have certain legal rights regarding your personal information. Whisker provides all users, regardless of location, with strong privacy choices. These rights may include:

• Right to Know and Access: Request information about the categories and specific pieces of personal information we collect, use, disclose, “share,” or sell, and obtain a copy of your personal information.
• Right to Correct: Request that we correct inaccurate personal information we maintain about you.
• Right to Delete: Request deletion of personal information we have collected from or about you, subject to certain exceptions.
• Right to Opt Out of Sales or Sharing: Opt out of the “sale” or “sharing” of your personal information for targeted advertising, as defined under applicable law. You may exercise this right using our Privacy Rights Portal, via browser privacy controls (such as Global Privacy Control signals), or by adjusting your cookie settings.
• Right to Limit Use of Sensitive Information: Where required by law, limit our use and disclosure of sensitive personal information (such as biometric or precise location data) to only what is necessary to provide our services.
• Right to Data Portability: Receive a copy of your personal information in a structured, commonly used, and machine-readable format.
• Right to Appeal: If your request is denied, you may appeal our decision by following the instructions provided in our response or through our Privacy Rights Portal.
• Right to Non-Discrimination: You will not be discriminated against for exercising any of these privacy rights.

You can exercise these rights by visiting our Privacy Rights Portal or by contacting us at support@whisker.com.

In addition, you have the following controls:

• Marketing Communications: You can opt out of receiving promotional emails by following the unsubscribe instructions in the email.
• Camera Controls: You can enable, disable, and delete video and audio recordings through your account settings in the App.
• Cookie Settings: You can manage your cookie preferences through your browser settings or our cookie consent tool.

For certain requests, we may need to verify your identity before fulfilling them. Instructions for authorized agents are available on our Privacy Rights Portal. We aim to respond within 45 days, or such shorter period as required by law, and will notify you in writing if an extension is needed.

If you have any questions or would like more information about your privacy rights and options, please contact us at support@whisker.com.

10. Data Security and Retention

We use a combination of technical, administrative, and physical safeguards to protect your information from unauthorized access, use, or disclosure. While we take security seriously, no system is completely secure.

We retain personal information only as long as is reasonably necessary to fulfill the purposes for which it was collected, including providing and improving our services, meeting our legal and contractual obligations, and maintaining business records. Our data retention policies and procedures account for the following:

• Retention Schedule: The appropriate retention period varies by data type and is determined by legal, regulatory, operational, and contractual requirements. Once that period expires, we securely delete, destroy, or de-identify the information in accordance with our internal data retention and deletion protocols.
• Disposal and Legal Holds: When personal information is no longer needed, we use reasonable measures to ensure it is securely deleted or destroyed. If we are subject to a legal hold or other obligation, we may retain certain information beyond our standard schedule until the matter is resolved.
• Vendor Management: Where your personal information is processed by service providers on our behalf, we require them to implement reasonable security and retention practices consistent with this policy and applicable law.
• Review and Updates: We periodically review our data handling, retention, and deletion practices and update our policies as necessary to remain compliant with evolving laws and industry standards.

For more information about our data security and retention practices, or to request deletion of your personal information, please contact support@whisker.com.

11. International Data Transfers

We are based in the United States, and we process and store information in the U.S. and other countries. These countries may have different data protection laws than your home jurisdiction.

If we transfer your information to other countries, we will use appropriate safeguards to protect it in accordance with applicable laws. For example, if you are located in the European Economic Area (EEA), United Kingdom (UK), or other regions with cross-border data transfer restrictions, we use Standard Contractual Clauses or equivalent measures to help ensure your personal information remains protected. Transfers are made only as necessary for purposes such as cloud hosting, global service delivery, customer support, and business operations.

12. Children's Privacy

No Children’s Information: Our Products, services, websites, and Apps are not intended for use by children under the age of 13, and we do not knowingly collect personal information from children. If it is discovered that personal information has been collected from a child under 13, that information will be promptly deleted.

Camera Features and Minors: Some Products may include Camera Features or other accessories or capabilities intended for pet monitoring. These devices are not designed for or marketed to children. However, depending on placement and usage, the camera feature may capture images, audio, or video of individuals under the age of 13. As the account holder and device operator, you are responsible for positioning and configuring these devices in a way that avoids recording children without the explicit, verifiable consent of a parent or legal guardian, as required by law. If recording, processing, or sharing footage that may include a minor, obtaining parental or guardian consent is solely your responsibility, and you must comply with all applicable laws (including COPPA and state privacy statutes).

Parental Inquiries: If you are a parent or guardian and believe that your child’s information has been collected or recorded by a Whisker device without proper consent, please contact us immediately at support@whisker.com so that we can address your concern and, where appropriate, delete such information.

13. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. If we make material changes, we will notify you by posting the updated policy on our website and updating the "Last Updated" date.

14. Contact Us

If you have any questions about this Privacy Policy or our privacy practices, please contact us at:

Email: support@whisker.com Address: Automated Pet Care Products, LLC, 1080 W. Entrance Drive, Auburn Hills, MI 48326

Whisker Job Applicant Privacy Notice

These updates will take effect on October 31, 2025.

This Job Applicant Privacy Notice ("Applicant Notice") describes how Automated Pet Care Products, LLC dba Whisker ("we," "us," "our," or “Whisker”) collects, uses, and discloses personal information about job applicants through our online application and recruitment platform, which is operated by Paylocity and other third-party vendors.

Please note that this Applicant Notice is specific to persons who submit a job application, whether through our website, in person, or other means. For our broader privacy practices not specific to applicants, please review our General Privacy Policy, the terms of which are incorporated herein by reference.

Whisker utilizes Paylocity as its human resources, applicant tracking and payroll platform. Please also see Paylocity’s Job Applicant Privacy Policy for information on how your personal data is collected, used, stored, and shared by Paylocity.

1. Information We Collect

When you apply for employment with Whisker, we may collect the following categories of information:

1. Information you directly provide to us, such as
   • Contact details (name, email, phone number, address),
   • Professional history (résumé/CV, work experience, education, certifications),
   • Employment preferences (salary expectations, relocation willingness), and
   • References and recommendations (prior employers and personal contacts).
2. Information automatically collected through our website and systems, such as
   • Website usage data (IP address, device information) and
   • Test or assessment results, where applicable.
3. Information provided by third-party sources, such as
   • Background check providers (see Section 3 below for more info),
   • Prior employers and professional references,
   • Publicly-available profiles (e.g., LinkedIn, or your online portfolio), and
   • Drug-testing vendors (see Section 4 below for more info).

2. Sensitive and Biometric Information

We may collect the following categories of sensitive personal information during the application process, strictly for lawful employment purposes:

• Government Identifiers, such as Social Security numbers, passport details, and driver's license information when required for background checks or immigration compliance.
• Protected Characteristics, such as race, ethnicity, religion, veteran status, disability status, and sexual orientation collected for reporting and diversity initiatives, on a voluntary self-identification where applicable.
• Health Information, such as disability accommodations requests and COVID-19 vaccination status where legally permissible or required.

Sensitive personal information is only processed for business purposes, including compliance with employment laws, as a contractual necessity for role-specific requirements, and to ensure and support workplace safety and security.

For California applicants, we adhere to CPRA §1798.121 restrictions on sensitive data inferences.

Applicants may decline to provide sensitive information except where legally mandated for role eligibility determinations.

3. Background Checks

As part of our hiring process, Whisker may conduct background checks on candidates who have received a conditional offer of employment. In accordance with the federal Fair Credit Reporting Act (FCRA) and applicable state and local laws, including California’s Fair Chance Act, we will not inquire into or consider your criminal history until after a conditional job offer has been extended. Before initiating any background check, we will provide you with a clear, standalone written disclosure and obtain your written authorization as required by law.

Our background checks may include the review of criminal conviction records, sex offender registry status, and global sanctions or watchlists, but will not consider arrests that did not result in conviction, expunged or sealed records, juvenile adjudications, or participation in diversion programs, as prohibited by law. In California and other jurisdictions with “ban the box” laws, we will not ask about or consider your criminal history until you have reached the post-offer stage of the hiring process.

All background check information is treated with strict confidentiality and shared only with those who have a legitimate business need to know or as required by law.

4. Drug Testing

As part of our commitment to maintaining a safe and productive workplace, Whisker may require pre-employment drug screening for certain positions, particularly those that are safety-sensitive or subject to regulatory requirements. If a drug test is required for the position you are seeking, you will be notified in advance and provided with a separate disclosure and authorization form.

Drug testing may involve the collection of biological samples, such as urine, hair, or saliva, which will be processed by a certified third-party laboratory. The information collected during this process, including your name, date of birth, and test results, will be used solely to determine your eligibility for employment in accordance with applicable federal, state, and local laws. Positive results will be reviewed by a Medical Review Officer (MRO), and you will have an opportunity to provide information regarding any lawful prescriptions or medical conditions that may affect the results.

Whisker will maintain the confidentiality of your drug testing information and will only share results with those who have a legitimate need to know, such as human resources personnel or regulatory bodies, as required by law. All records related to drug testing will be retained and disposed of in accordance with applicable legal requirements and our internal data retention policies.

If you have questions about our drug testing procedures or your rights, please contact us at legal@whisker.com or refer to the separate disclosure provided at the time of testing.

5. How We Use Your Information

We use the personal information collected from job applicants for a variety of legitimate business and legal purposes related to our recruitment and hiring processes. Specifically, we use your information to:

• Assess Your Qualifications and Suitability: We review your application materials, résumé, references, and any assessment results to determine whether your skills, experience, and background align with the requirements of the position for which you have applied.
• Communicate With You: We use your contact information to correspond with you about your application status, schedule interviews, request additional information, and provide updates throughout the hiring process.
• Conduct Interviews and Assessments: If you advance in the process, we may use your information to arrange and conduct interviews (in person, by phone, or virtually) and to administer skills or personality assessments relevant to the role.
• Verify Information and Conduct Background Checks: Where permitted and required, we use your information to verify your identity, credentials, and employment history, and to conduct background checks, reference checks, and, if applicable, drug testing. These processes help us ensure the integrity of our hiring practices and the safety and security of our workplace.
• Comply With Legal Obligations: We may use your information to comply with applicable laws and regulations, such as equal employment opportunity (EEO) reporting, immigration and work authorization requirements, and responding to lawful requests from regulatory authorities.
• Support Diversity, Equity, and Inclusion Initiatives: Where permitted by law and on a voluntary basis, we may collect and use certain demographic information to monitor and support our diversity, equity, and inclusion efforts. This data is typically aggregated and not used to make individual employment decisions.
• Protect Whisker’s Rights and Interests: We may use your information to prevent fraud, protect the security of our systems and premises, enforce our legal rights, and defend against legal claims.
• Facilitate Onboarding and Employment: If you are offered and accept a position, we may use your information to prepare employment agreements, facilitate onboarding, and set up necessary employment records.

We will not use your personal information for purposes that are incompatible with those described above without providing you additional notice. Where required by law, we will seek your consent before using your information for certain purposes.

6. How We Share Your Information

We take your privacy seriously and only share applicants’ personal information as necessary to support our recruitment and hiring processes, to comply with legal obligations, and to protect our rights and interests. Specifically, we may share your information in the following circumstances:

• With Service Providers and Vendors: We engage trusted third-party service providers to assist with various aspects of the recruitment process. For example, we may use vendors such as Paylocity to collect and manage job applications, background check providers to verify your credentials and criminal history, drug testing laboratories for pre-employment screening, and technology providers to support our applicant tracking systems and communications. These service providers are contractually obligated to use your information only for the services they provide to us and to maintain its confidentiality and security.
• With Whisker Affiliates: If your application may be relevant to other positions within Whisker or its affiliated companies, we may share your information internally for consideration for those roles. Any such sharing is subject to the same privacy and security protections described in this notice.
• With Legal and Regulatory Authorities: We may disclose your information when required to do so by law, regulation, legal process, or governmental request. This may include sharing information for equal employment opportunity (EEO) reporting, immigration and work authorization verification, or in response to a court order, subpoena, or similar legal process.
• In Connection with Business Transactions: If Whisker is involved in a merger, acquisition, reorganization, sale of assets, or similar business transaction, your information may be disclosed or transferred as part of that transaction. In such cases, we will take steps to ensure your information continues to be protected in accordance with this notice.
• To Protect Whisker and Others: We may share your information as necessary to prevent fraud, ensure the security of our systems and premises, enforce our legal rights, or protect the safety and rights of applicants, employees, or the public.
• With Your Consent: In circumstances not described above, we will seek your explicit consent before sharing your information with third parties.

7. Sale of Personal Information

We do not sell your personal information or share it with third parties for their own independent marketing purposes. All third parties with whom we share applicant information are required to protect it in accordance with applicable laws and our contractual agreements.

Note that the above statement applies to information collected as part of the job application and recruitment process. For our broader privacy practices not specific to applicants, but which may apply to you as a user of our website or mobile applications, please review our General Privacy Policy, the terms of which are incorporated herein by reference.

8. Interview & Hiring Processes

At later interviewing and hiring stages, we may collect additional information from you, including identification documents, school transcripts, proof of professional license or certification, or information necessary to process security clearances (where applicable).

Prior to an interview, we may ask you to sign a non-disclosure or similar agreement if our confidential business plans may be discussed during the interview. We may collect additional information from you as part of such agreements.

In all such instances, we will either collect the information directly from you or from third parties subject to your prior notice and consent.

9. Data Retention and Security

We retain applicant information for three (3) years after the year of collection for active candidates and one (1) year for rejected applicants, in the event we wish to consider them for future opportunities. We retain such information for longer periods where required by law or for security purposes.

If we hire you, the information you submitted as an applicant will become part of your personnel file at Whisker and will no longer be subject to the retention limitations described above.

We implement technical and organizational safeguards including encrypted data transmissions, role-based access controls, and security audits of vendors to secure applicant information.

10. Your Privacy Rights

If you are a resident of California or another state with similar privacy laws, you have specific rights regarding your personal information as a job applicant. These rights are provided under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and may also be available under other state laws.

• Right to Know: You have the right to request that we disclose the categories and specific pieces of personal information we have collected about you, the categories of sources from which the information was collected, the business or commercial purposes for collecting it, the categories of third parties with whom we share your information, and the categories of information that have been disclosed for a business purpose.
• Right to Access and Data Portability: You may request access to your personal information, including receiving a copy of the specific information we have collected about you in a portable and, to the extent technically feasible, readily usable format.
• Right to Correct: You have the right to request that we correct inaccurate personal information about you that we maintain.
• Right to Delete: You can request that we delete personal information we have collected from you, subject to certain exceptions such as when the information is required to comply with legal obligations or for other permitted purposes.
• Right to Opt-Out of Sale or Sharing: You have the right to direct us not to sell or share your personal information with third parties for purposes such as cross-context behavioral advertising. Whisker does not sell your personal information in the traditional sense, but you may exercise this right if applicable.
• Right to Limit Use of Sensitive Personal Information: You may request that we limit the use and disclosure of your sensitive personal information to only those purposes necessary to perform the services or provide the goods reasonably expected by an average consumer, or as otherwise permitted by law.
• Right to Non-Discrimination: You will not be discriminated against or retaliated against for exercising any of your privacy rights under the CCPA or similar laws.

To exercise any of these rights, please contact us at legal@whisker.com or use the methods described in our General Privacy Policy. We may need to verify your identity before processing your request to protect your privacy and security. For more detailed information about your privacy rights, the categories of personal information we collect, and the procedures for submitting a request, please refer to Whisker’s General Privacy Policy.

If you have concerns about how your personal information is handled, you also have the right to lodge a complaint with the relevant state authority.

11. Contact Us

For questions or to exercise your rights:

Whisker
1080 West Entrance Drive
Auburn Hills, MI 48326
Email: legal@whisker.com

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Prop 65 Warning

WARNING: This product can expose you to chemicals including silica, which are known to the State of California to cause cancer. For more information, visit www.P65Warnings.ca.gov

Accessibility Statement

Whisker is committed to promoting and facilitating the accessibility and usability of its Websites, Litter-Robot.com and Litterbox.com, as well as its mobile applications, for everyone. Whisker's goal is to comply with all applicable standards, including WCAG 2.0 AA—the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 up to Level AA. We are proud of both the improvements we have made and those that are in progress to ensure that our digital experiences are accessible to everyone. Whisker continually makes efforts to maintain and increase the accessibility of our mobile applications and Websites, mobile applications, and other digital properties, ensuring that persons with disabilities have full and equal enjoyment of our online goods, services, facilities, privileges, advantages, and accommodations.

If, at any time, you experience any difficulty in accessing any part of our Websites or mobile applications —or wish to provide feedback on how we can improve your experience—please call us at 1-877-250-7729 or email us at support@whisker.com. Our team will provide you with the information, item, or transaction you seek via an alternate communication method that is accessible to you, consistent with applicable law (for example, through telephone support).

Accessibility Contact Information:

Email: support@whisker.com
Phone: 1-877-250-7729

Modern Slavery and Supply Chain Transparency Statement

(California Transparency in Supply Chains Act, UK Modern Slavery Act, Australian Modern Slavery Act, and Canada Fighting Against Forced Labour and Child Labour in Supply Chains Act)

Effective Date: November 12, 2025

Our Commitment

Whisker is committed to upholding human rights and eradicating forced labor, child labor, and human trafficking in our operations and supply chains. This statement is made pursuant to the California Transparency in Supply Chains Act, the UK Modern Slavery Act, the Australian Modern Slavery Act, and the Canada Fighting Against Forced Labour and Child Labour in Supply Chains Act. It describes our policies, due diligence, risk assessment, and remediation efforts.

1. Structure, Activities, and Supply Chains

Whisker designs, manufactures, and sells automated pet care products, including the Litter-Robot, Feeder-Robot, and related accessories. Our products are designed in Michigan, manufactured in Wisconsin, and sold globally, including in the US, UK, Australia, and Canada. We source components from suppliers worldwide and act as the importer of record for certain sales into Canada.

2. Policies and Supplier Code of Conduct

Our Supplier Code of Conduct prohibits forced labor, child labor, and human trafficking, and requires compliance with all applicable laws and Whisker’s standards. Suppliers must provide safe working conditions, fair wages, and treat workers with dignity and respect.

3. Due Diligence and Risk Assessment

We conduct regular risk assessments of our supply chain, focusing on geographies and industries with higher risks of forced or child labor. Our due diligence includes supplier onboarding questionnaires, ongoing monitoring, and both announced and unannounced audits of suppliers’ facilities.

4. Supplier Audits and Certification

Whisker audits suppliers to evaluate compliance with our standards and legal requirements. Suppliers are required to certify that materials incorporated into our products comply with all applicable laws regarding forced labor and human trafficking in the countries where they operate.

5. Training

We educate employees and management with direct responsibility for supply chain management on identifying and mitigating risks of forced labor, child labor, and human trafficking. We also educate suppliers on our standards and expectations.

6. Remediation and Accountability

Any instances of non-compliance are thoroughly investigated. Corrective actions may include requiring remediation by the supplier, terminating the business relationship, and supporting affected workers where appropriate. We maintain a whistleblower program for reporting unethical practices without fear of retaliation.

7. Effectiveness Assessment

We monitor supplier performance, review audit results, and track remediation outcomes to assess the effectiveness of our efforts. We are committed to continuous improvement and transparency in our approach to combating forced and child labor.

8. Canada-Specific Disclosures

As required by the Canada Fighting Against Forced Labour and Child Labour in Supply Chains Act, this statement has been approved by Whisker’s Board of Directors and includes the following additional disclosures:

• Identification of higher-risk areas in our business and supply chains and steps taken to assess and manage those risks.
• Remediation measures taken in response to identified risks or incidents.
• Measures to remediate loss of income to vulnerable families, where applicable.
• Methods for assessing the effectiveness of our actions to prevent and reduce the risk of forced and child labor.

9. Governance and Approval

This statement was approved by the Board of Directors of Whisker Holdings, Inc. on November 12, 2025.

Attestation: I, Dana C. Jewell, General Counsel and Corporate Secretary, certify that this statement was approved by the Board of Directors and that I have authority to bind the company.