Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the “PawsApp”, you agree to comply with and be bound by these Terms. Please read it carefully. Thank you for using PawsApp!
These Terms constitute a legally binding agreement ("Agreement") between you and PawsApp (as defined below) governing your access to and use of the PawsApp application and website, including any subdomains thereof, and any other websites through which PawsApp makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces and all associated services (collectively "Application"). The Site, Application and PawsApp Services together are hereinafter collectively referred to as the “PawsApp Platform”. When these Terms mention “PawsApp,” “we,” “us,” or “our,” it refers to the PawsApp Pet Ltd. company you are contracting with.
Any and all payment processing services through or in connection with your use of the PawsApp Platform ("Payment Services") are provided to you by one or more PawsApp Payments entities (individually and collectively, as appropriate, “PawsApp Payments") as set out in the Payments Terms of Service ("Payments Terms”).
1. Changes to these Terms (Additional Terms)
PawsApp may, in its sole discretion, amend the Terms and modify or update the Services from time to time. If we change these Terms, we will notice on our application page the revised Terms on the Services. Those changes will go into effect on the revision date shown in the revised Terms. Your continued use of the Services will constitute your acceptance of the amended Terms. If you violate the provisions of the Additional Terms, PawsApp may, in its sole discretion, suspend, discontinue, change your account or any aspect of your access to use of the Services in whole or in part. By continuing to use the Services, you agree to the Additional Terms and any future amendments and additions to the Additional Terms as published from time to time through the Services. Please review the Additional Terms periodically to ensure you are up-to-date with any changes.
By accessing and using PawsApp, you certify that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and you will comply with all laws and regulations applicable to your activities conducted through, or related to, the PawsApp Services.
3. Scope of PawsApp Services
The Services includes solely a marketplace technology platform that connects Pet Owners with the Pet Care Providers. We do not provide any representations or warranties about the quality of dog walking, boarding, sitting, transportation or other services provided by Pet Care Providers, or about your interactions and dealings with Pet Care Providers or other users.
PawsApp’s Pet Care Service divides in three different forms
Instant Walk starts within 1 hour following the booking.
Scheduled Walk starts at least after 5 hours following the booking.
Monthly Walk is recurring Scheduled Walks within a month.
PawsApp has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Service Providers and Pet Owners, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. (Any financial obligations PawsApp may have to its users in connection with user conduct are limited to the reimbursement obligations set forth in the PawsApp Guarantee.)
The PawsApp Service may be used to find and offer Pet Care Services and to facilitate payment, but all transactions conducted via the PawsApp Service are between Pet Owners and Service Providers. Except for the limited refunds and “booking protection” specified in Section 11 (Cancellation Policy) and the PawsApp Guarantee, you agree that PawsApp has no liability for damages associated with Pet Care Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the PawsApp Service.
4. Identity Verification and Responsibilities
Pet Care Providers listed on PawsApp are not under the direction or control of us. We match up Pet Care Providers with Pet Owners according to the postal code and feedback of the Pet Care Providers on The PawsApp Platform. PawsApp does not employ, recommend or endorse Pet Care Providers, and we are not responsible or liable for the performance or conduct of Pet Owners or Pet Care Providers, whether online or offline. PawsApp itself does not conduct background checks and does not independently verify information in the background checks. PawsApp is not responsible or liable in any manner for the background checks. Pet Owners and Pet Care Providers are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the PawsApp is responsible for keeping current his or her own pet’s vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her pet.
PawsApp makes Identity Verification for all the Pet Care Providers PawsApp may provide Pet Care Providers with access to third party consumer reporting agencies that perform, among other things, personal identification verification services (“Identity Verification”)
We do not provide, and are not responsible or liable in any manner for the Identity Verifications, and we do not endorse or make any representations or warranties regarding the reliability of such Identity Verifications or the accuracy, timeliness or completeness of any information in the Identity Verifications. We do not independently verify information in the Identity Verifications.
If you undergo a Background Check or Identity Verification via the PawsApp Service, you hereby consent to the collection, use and disclosure of the information in the Background Check or Identity Verification, and you agree to provide complete and accurate information for your Background Check or Identity Verification. You understand and agree that PawsApp may, in its sole discretion, review and rely on the information in the Background Check or Identity Verification in deciding whether to suspend or terminate or investigate a complaint about a Service Provider, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check or Identity Verification is not accurate, timely or complete. If you are the subject of a Background Check or Identity Verification, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. You agree that PawsApp’s rights and obligations under the Arbitration Agreement inure to the benefit of the consumer reporting agency used for Background Checks or Identity Verification in respect of any claim that would be subject to the Arbitration Agreement if brought against us. PawsApp reserves the right to suspend or terminate your access to the PawsApp Service based on information in the Background Check or Identity Verification or for any other reason, or no reason, in our sole discretion.
Pet Owners remain fully responsible to evaluate and investigate their Service Providers.
5. Use of the PawsApp Service; Suspension.
5.1 Your Conduct on the PawsApp Service. When you use the PawsApp Service, you agree:
To use the PawsApp Service only in a lawful manner and only for its intended purposes.
Not to use the PawsApp Service to arrange for the care of: (a) exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators, horses or other livestock; (b) any animal whose ownership or third-party care is prohibited under applicable law; or (c) any animal that has a history of, or which has been trained for, attacks on pets or people.
Not to submit viruses or other malicious code to or through the PawsApp Service.
Not to use the PawsApp Service, or engage with other users of the PawsApp Service, for purposes that violate the law.
Not to use the PawsApp Service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the PawsApp Service.
Not to use the PawsApp Service for purposes of competing with PawsApp or to promote other products or services.
Not to post reviews about Service Providers that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
Not to post “spam” or other unauthorized commercial communications.
To use the PawsApp Service only for your own purposes, and not to impersonate any other person.
Not to transfer or authorize the use of your account for the PawsApp Service by any other person, or to engage in fraudulent transactions.
Not to provide false information in your profile on, or registration for, the PawsApp Service, or to create multiple or duplicate accounts.
Not to interfere with our provision of, or any other user’s use of, the PawsApp Service.
Not to solicit another user’s username and password for the PawsApp Service or any other sensitive personal information, including bank details.
5.2 Suspension and Termination. You understand and agree that we have no obligation to provide the PawsApp Service in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the PawsApp Service: (1) if in our discretion your conduct on the Site or PawsApp Service is inappropriate, unsafe, dishonest, or in breach of these terms; or (2) if necessary in our discretion to protect PawsApp, its users, pets, or the public. You may suspend or terminate your use of the PawsApp Service at any time and for any reason. If you wish to deactivate your account, please contact PawsApp. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.
PawsApp may use third-party web analytics services on the Services, such as Google Analytics. This technology analyzes how the PawsApp Services are used by visitors and may also provide the third-party website from which a user arrives. The information collected by the technology will be disclosed to or collected directly by these third party service providers, who use the information to evaluate your use of the Services. PawsApp also uses Google Analytics for certain purposes related to advertising.
7.Use of the Site
Accessing or using the site for competitive purposes
Impersonating another person or entity
Using the Site in a way that is intended to harm other users
Behaving or acting any way that creates a negative experience for an existing Site user, to be determined at the sole discretion of PawsApp
Behaving or acting in any way that is unprofessional to any PawsApp staff member that may cause upset or harm, to be determined at the sole discretion of PawsApp
Sending threatening or potentially defamatory private messages to users or to the Pet Providers or to the PawsApp stuff on the Site
Using a profile with incorrect or erroneous information
Modifying, mirroring, injecting or filtering or changing any Content on the Site without PawsApp written consent
Usage of any tools to access, copy, acquire information, or monitor the Site or any portion or Content thereof
It is your obligation to comply with all applicable local and international laws. This also applies to all tax laws and regulations that apply to your activity on the Site. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information.
8. Rights And Obligations Of Both Parties
PawsApp is not responsible directly or indirectly for any loss or damage to both the dog or its owner. We are putting in contact the dog owner with the pet care provider, managing the payment, a charge for the provision of service, and securing insurance cover for every user.
Outside the above cases, we are not liable directly or indirectly for any damage or injury that may be caused by a third party, the animal, owner or pet care provider.
PawsApp always tries to advise the dog owner and pet care provider on how best to avoid risk and minimise possible harmful situations.
For Pet Owners, this means, among other things, that you will ensure that your pets are vaccinated, licensed, identification-tagged and/or microchipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies. You acknowledge that PawsApp is entitled to rely on these commitments from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.
As a Pet Owner, you hereby represent, covenant, and warrant to PawsApp who provides you with the services that: your pets are free from fleas, ticks, and other pests; you have divulged any material information about your pets, including pre-existing medical conditions and other behavioral issues that may be relevant to or impact a Pet Care Providers’s ability to provide the Services; you will have your pets fully vaccinated and up to date on all forms of preventative medicine prior to receiving services from a Pet Care Providers and you will comply with all laws and ordinances applicable to your activities conducted through the Services, including ensuring your pet is licensed as required by local law. If you elect to use the Services, you agree to provide accurate information about yourself and your pet and keep this information up-to-date, including any material information or medical data of your pet.
You acknowledge and agree that if you allow another person to access your account or if you request a pet care service for a pet that is not your own, in each case in violation of these Terms, you and such other person will be jointly and severally liable for all acts and omissions in connection with engaging the Services, including all costs incurred or associated with such engagement.
You are fully responsible for the actions of your pet(s). You understand, acknowledge and agree that, as between you and Us, you shall be liable for any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, the behavior of your pet(s), including without limitation, claims by third parties (including Pet Care Providers s) for damage, loss or injuries resulting from bites or attacks on such third parties by your pet(s). Incidents, injury, damage or loss caused by your pet may be governed by applicable laws. We will cooperate with appropriate law enforcement authorities to provide requested information regarding the situation. If you select to use a Pet Care Provider through the Services, you shall carry applicable liability insurance sufficient for the pet care services you request, the risks associated with such services and as mandated by law. Be sure to review your applicable policy(ies) and address any questions regarding appropriate liability coverage with your insurance carrier and/or legal representatives prior to utilizing a Pet Care Provider through the Services.
We do not provide lock box to our members. But if you have a lock box and you prefer to use your own lock box or if you decide to use a hidden key, you understand, acknowledge and agree that we are not liable for any loss, claims or damages you may suffer as a result of your use of the lockbox, including situations where the lockbox may be illegally accessed by a third party.
Pet Care Providers have the sole and absolute discretion to reject or refuse any Pet Care services that you may request if they violate any law or regulation, are dangerous or unsafe or otherwise violate these Terms or the Additional Terms. If you choose to provide equipment to Pet Care Providers, Pet Care Provider have the right to refuse a pet care service that involves a retractable leash, which can be dangerous for dogs and Pet Care Providers alike and may cause a safety hazard. You acknowledge and agree that you will assume all liability in connection with providing a retractable leash. In addition, all pet care services that you request should not be off-leash. Please note that for safety reasons, puppies that are 4 months or younger may be restricted from certain types of services offered via the PawsApp platform or be subject to limited service offerings tailored specifically to puppies.
Pet Owners who arrange for pet care services and fail to retrieve their pet within three (3) days after the service period (or an earlier period required under applicable animal abandonment or cruelty laws) agree that PawsApp (or the Pet Care Providers) may, in its (or his or her) sole discretion, place the dog in foster care and/or notify animal control authorities. Pet Owner agrees to reimburse PawsApp and/or the Pet Care Providers for all costs and expenses associated with such actions.
If your Pet Care Provider or PawsApp reaches you with a request to authorize medical care for your pet and you refuse, you waive, release and promise never to assert any claims or causes of action arising from failure to seek such care, whether or not now known, against PawsApp or its predecessors, successors or past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns or the applicable Pet Care Providers with respect to any matter, including (without limitation) any claims of negligence, emotional distress, fraud, breach of contract, or breach of the covenant of good faith and fair dealing. In the unlikely case that your pet needs immediate medical attention or veterinary care, you hereby authorize your Pet Care Providers and PawsApp to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. Pet Owners are solely responsible for the costs of any such medical treatment for your pets and, if you are a Pet Owner, you hereby authorize PawsApp to charge any of your payment methods for such costs.
As a Pet Owner, you acknowledge that PawsApp is in the business of connecting Pet Owners and Pet Care Providers, and that said business is how PawsApp earns its income. As a result, Pet Owner agrees that if Pet Owner solicits a Pet Care Provider to provide off-platform pet care services to Pet Owner whom Pet Owner first met and/or learned about through the PawsApp platform, PawsApp is entitled to charge both the Pet Owner and the Pet Care Provider a referral fee. This referral fee will be charged once per specific Pet Owner/Pet Care Providers services relationship utilized outside of the process provided for within the PawsApp platform. Pet Owner’s referral fee will be 500£. Pet Owner will first be notified in writing of Pet Owner’s obligation to pay the referral fee. Thereafter, Pet Owner hereby authorizes PawsApp to charge any of your payment methods for the referral fee.
9. Price And Period Of Validity
The price indicated with respect to each service includes the VAT and any other taxes that could be applicable and in any case shall be expressed in the British Pound currency (£).
The price for each service will be published on the website and applied automatically through the last phase of the booking process.
10. Payment Terms
As a Pet Owner, you understand that use of the Services may result in you owing fees to the Pet Care Providers for the pet care services you receive from such Pet Care Provider. PawsApp will facilitate your payment of the applicable charges on behalf of the Pet Care Provider through third-party payment processors, with whom you will be required to establish an account to access the Services. Payment of such charges in such manner shall be considered the same as payment made directly by you to the Pet Care Providers. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable regardless of your decision to terminate usage of the Services, PawsApp’s decision to terminate your usage, any disruption of the Services or any other reason whatsoever, unless otherwise determined by PawsApp. All charges are due immediately and PawsApp or a third-party payment processor, will process your payment on the Pet Care Provider’s behalf using the primary payment method designated by you in your PawsApp account. All payments will be made on our platforms, Payment processing services are provided by Stripe and subject to Stripe Services agreement (available at https://stripe.com/gb/legal). Once you request a pet care service, you agree to pay the Pet Care Provider the agreed-to price and honour the other terms of such booking. You may elect to cancel your request for services from a Pet Care Providers at any time prior to such Pet Care Provider’s arrival, in which case you are subject to a cancellation fee which is described in detail in section Cancellation Policy.
The fees owed to Pet Care Provider are not inclusive of tip or gratuity for the Pet Care Provider. While you are free to provide gratuity to any Pet Care Provider who provides you with services obtained through the Services, you are under no obligation to do so. After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Pet Care Provider.
In addition to the above fees, you understand and acknowledge that you may incur ancillary charges in connection with your receipt of pet care services from Pet Care Providers (“Charges”). Such Charges may include some combination of the following: (1) cancellation fee, (2) service fee, (3) trust and safety fee, (4) surcharges, (5) convenience fee, and (6) other fees. A description of any Charges will be available on the Services. You have absolute discretion to request or not request services from a Pet Care Provider if the total applicable fee or charge is not acceptable to you.
From time to time, PawsApp may, in its sole discretion, make available certain promotions, offers, credits, rewards, subscriptions or referrals links or codes to Pet Owners (the “Promotions”). Such Promotions will be provided to Pet Owners via the Services, by email or otherwise made available electronically by PawsApp. Such Promotions are only valid for redemption through the Services and are not transferable or redeemable for cash except as required by law. Each Promotion is a limited time offer and is valid only for the time and purpose and under the terms and conditions specified therein, which may include eligibility, time and location requirements. PawsApp at its sole discretion, reserves the right to issue Promotions with different features, discounts, offers or deals to any users or groups of users determined solely by PawsApp. These Promotions, unless made to you, shall have no bearing whatsoever on your use of the Services, or any Promotions offered to you. PawsApp reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotions that was made in error or fraudulent or where illegal behavior was detected, or the Pet Owner was found to be in violation of the terms of such Promotion, these Terms or the Additional Terms. Promotions may be modified, disabled or withdrawn by Paws at any time for any reason or no reason without liability to PawsApp.
You acknowledge and agree that PawsApp may limit or temporarily or permanently suspend your use of or access to the Services if: (1) you have provided inaccurate, fraudulent, outdated or incomplete information regarding a payment method, (2) any amounts you owe for pet care services are overdue or in default, or (3) PawsApp believes in good faith that such action is reasonably necessary to protect the personal safety or property of PawsApp, our users, any third-party payment processor or third parties, or to prevent fraud or other illegal activity.
Fees for Pet Care Providers. PetCare Providers may agree to provide Pet Care Services to a Pet Owner by agreeing to a Booking as described in this Terms Of Services. If you are a Pet Care Provider, you must confirm the Booking before it expires or the Pet Owner will have no obligation to complete the transaction. Once the Booking is completed by both parties, you agree to honor the price set forth in your Booking. The purchase of Pet Care Services is a transaction between the Pet Owner and the Pet Care Provider. PawsApp’s role is to facilitate the transaction by matching up the Pet Owner and the Pet Care Provider. We will (either directly or indirectly through an authorized third party) collect payment from the Pet Owner at the time of Booking and initiate payment to the Service Provider’s account 48 hours after completion of the service period Where required by law, the amount charged will also be inclusive of applicable taxes. A fee equal to 30% of the Booking Fee (the "Sitter Service Fee") will be subtracted from the Booking Fee before payment to the Pet Care Provider on every booking on the Service. Prices for the services may be changed by PawsApp. PawsApp will facilitate the payment of the Booking Fee (less any Owner Service Fee or Sitter Service Fee) from the Pet Owner to the Pet Care Provider. Such transfer will generally occur 2-3 business days following completion of the relevant Pet Care Services.
Authorization to Charge. When you pay for Pet Care Services or for other services on the PawsApp Service, you will be required to provide us with valid, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding, confirmed Bookings. PawsApp’s role is to facilitate payments from Pet Owners to Pet Care Providers. You authorize us to charge your credit card or other payment method for fees you incur on the PawsApp Service as they become due and payable, and to charge any alternative payment method PawsApp has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge you for fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither PawsApp will not be responsible for any failure to provide services associated with those fees. Except as expressly provided in these Terms, all fees paid via the PawsApp Service are non-refundable once paid.
Payment Holds. If you are a Pet Care Provider, Pet Care Provider reserves the right to issue a hold on amounts otherwise payable to you pursuant if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reason involving protection of PawsApp, the PawsApp company or third party rights. We may also recommend that third party payment service providers restrict your access to funds in your account under the same circumstances.
Taxes. Except for taxes on PawsApp income and gross receipts or where PawsApp is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of Pet Care Services via the PawsApp Service. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the PawsApp Service.
Reschedule& Cancellations & Refunds.
Reservation Protection. PawsApp can help you find replacement Pet Care Providers when Pet Care Providers cancel Bookings near the start date of the service period identified in the Booking. The availability of the Reservation Protection depends on the timing of the cancellation and the type of Pet Care Services provided.
General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms available through the PawsApp Service to do so.
Cancellations by Pet Care Provider. If a Pet Care Provider cancels a Booking within 2 days prior to the PawsApp service period identified in the Booking more than once a month, PawsApp may terminate and/or suspend their account.
Cancellations by Pet Owner. If a Pet Owner cancels a Booking prior to or during the service period specified in a Booking, we will refund fees in accordance with the cancellation policy below.
For instant PawsApp Services, if a Pet Care Provider is assigned, 70% of the relevant fee shall be charged as a cancellation fee and 30% will be refunded to the Pet Owner.
For scheduled PawsApp Services, a Pet Owner is entitled to cancel the PawsApp Service free-of-charge until 12 hours prior to the PawsApp Service starting time. If the cancellation occurs within 12 hours prior to the PawsApp Service, 70% of the relevant fee shall be charged as a cancellation fee and 30% will be refunded to the Pet Owner.
For recurring PawsApp Services, a Pet Owner is entitled to cancel the PawsApp Service free-of-charge until 12 hours prior to the PawsApp Service starting time. If the cancellation occurs within 12 hours prior to the PawsApp Service, 70% of the relevant fee shall be charged as a cancellation fee and 30% will be refunded to the Pet Owner. Cancellation will be applied to the remaining fee of recurring PawsApp Services.
We are not responsible for any request out of our cancellation policy.
Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Petcare Providers and/or Pet Owners that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from earthquake, hurricane, wildfire, flood, war, riots or other similar disaster. In such cases, PawsApp may, in its reasonable discretion, issue refunds under terms that vary from a Pet Care Provider’s selected cancellation policy.
Refunds for Failure to Perform. If we determine in our reasonable discretion that a Pet Care Provider has failed to provide Pet Care Services as agreed with the Pet Owner or is otherwise in breach of these Terms, then we may, in our reasonable discretion, cancel a Booking and/or issue a full or partial refund to a Pet Owner.
Payment Disputes; Payment Outside of the PawsApp Service. PawsApp initiates payments to Pet Care Providers 48 hours after completion of a Booking. Once these amounts have been disbursed, any further payment disputes are between the Pet Owner and Service Provider, and PawsApp has no obligation to mediate or facilitate any resolution. Further, PawsApp has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the PawsApp Service.
12. Call Recording and Monitoring
You agree that all telephone conversations, SMS messages, text messages, emails and other communications via other manners between you and PawsApp (or our Affiliates and representatives), or other platform users when made via the platform, may be monitored and recorded for quality assurance and training purposes.
13.1 Your Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the PawsApp Service or otherwise in connection with using the PawsApp Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, Service Providers are invited to create a profile page with a photograph and other information and to transmit photos of the dogs under their care to Pet Owners, while Pet Owners may submit reviews of Service Providers.
13.2 License. Except for the limitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant PawsApp an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the PawsApp Service, and to sublicense these rights to third parties.
13.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive and release PawsApp and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 13.2 and the other provisions of these Terms.
13.4 Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content and that you have all rights, consents and permissions necessary to grant the license in Section 13.2 and make the release in Section 13.3 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.
13.5 Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the PawsApp Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
13.6 Reviews. The PawsApp Service may provide the ability to leave public and/or private reviews of users or their pets. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Statement and that PawsApp has no obligation to preserve or indefinitely store any reviews. If you are a Service Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the PawsApp Service, whether before or after termination of your account for the PawsApp Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the PawsApp Service at any time.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the PawsApp Platform (“Feedback“). You may submit Feedback by emailing us, through the section of the PawsApp Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
15. Warranty Disclaimer for the PawsApp Service.
The information and materials found on the PawsApp Service, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the PawsApp Service, but not directly by PawsApp, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PawsApp DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE PawsApp SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PawsApp; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE PawsApp SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PawsApp EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PawsApp SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY SERVICE PROVIDER THAT OFFERS PET CARE SERVICES VIA THE PawsApp SERVICE.
16. Limitation of Liability.
16.1 Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in no event will PawsApp be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the PawsApp Service, including without limitation damages related to any information received from the PawsApp Service, removal of your profile information or review (or other content) from the PawsApp Service, any suspension or termination of your access to the PawsApp Service, or any failure, error, omission, interruption, defect, delay in operation or transmission of the PawsApp Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16.2 Limit on Our Liability to You. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PawsApp’s AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE PawsApp SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO PawsApp (SPECIFICALLY EXCLUDING AMOUNTS PAID TO SERVICE PROVIDERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID PawsApp FOR THE USE OF ANY SERVICES, THE AMOUNT OF 100.00 GBP. (Any financial obligations PawsApp may have to its users in connection with user conduct are limited to the reimbursement obligations set forth in the PawsApp Guarantee.)
16.3 No Liability for non- PawsApp Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PawsApp BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE PawsApp SERVICE, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE PawsApp SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE PawsApp SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
IF YOU HAVE A DISPUTE WITH A SERVICE PROVIDER OR PET OWNER, YOU AGREE TO RELEASE PawsApp FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, EXCEPT AS SPECIFICALLY SET FORTH IN THE PawsApp GUARANTEE. IN NO EVENT WILL PawsApp BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A PET OWNER OR SERVICE PROVIDER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
17. Law And Jurisdiction
These conditions will be interpreted in accordance with the English / United Kingdom law, which is applicable. PawsApp, dog owner and pet care provider agree to submit any dispute that may arise from the provision of goods or services subject to these conditions, to the courts and Tribunals of their home address in the United Kingdom.