Последнее обновление: 21 января 2026 г.
Welcome to Sittsy. We place our members at the heart of everything we do and are committed to ensuring you have the best possible experience when using our Services .
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations.
By registering to become a Member , you agree to comply with and be bound by these Terms of Service (as they may be amended from time to time). If you do not accept any of these Terms of Service, you should not become a Member or use our Platform. Please also read our Acceptable Use Policy and our Privacy Policy which also apply to your use of our Platform and your membership.
Please use the Glossary to understand the meaning of some of the terms used in bold in these Terms of Service. Other terms are defined throughout these Terms of Service.
If you have any questions about anything in these Terms of Service, please get in touch with our Membership Services Team .
1.1. When we talk about "Sittsy", "we" , "our" or "us" in these Terms of Service, we are referring to Sittsy, LLC, a Delaware limited liability company.
84 Manorshire Dr, Unit 8 Fairport, NY 14450 United States
Delaware Limited Liability Company EIN: 39-4905328 DUNS: 144874916
Email: support@sittsy.com Phone: (415) 988-3975
1.2. Pet Parents and Sitters are together referred to as "Members" or individually as "you" .
1.3. We operate the website and/or mobile application at www.Sittsy.com ( "Platform" ).
1.4. We provide an introduction service and provide the Platform for Members to find and connect with each other. We are not involved directly in discussions between Members or the arrangement or performance of any Sit and are not a party to any agreements you may make with other Members.
1.5. In consideration of Members registering an account and complying with the requirements of these Terms of Service, we will provide the following services (" Services "):
1.5.1 Hosting and maintaining the Platform to enable Pet Parents to find and book Sitters for pet care services; and/or
1.5.2 Hosting and maintaining the Platform to enable Sitters to offer paid pet care services to Pet Parents ; and
1.5.3 Processing payments between Pet Parents and Sitters; and
1.5.4 making the content on the Platform available to Members .
1.6. Registration is free. We will provide the Services to you for as long as your account remains active and in good standing.
2.1. When you arrange a Sit via our Platform , you are entering into an agreement between yourself and a Pet Parent or Sitter (as applicable). It is entirely your responsibility to ensure that the requirements of the Home Listing/Sitter Profile are in line with your expectations and experience. We do provide guidance on how best to arrange a Sit , however this is provided for information purposes only and any arrangements you come to are part of the separate agreement between you and the Pet Parent or Sitter (as applicable). You agree that the requirements of Pet Parents and Sitters set out in clauses 5.2 and 5.3 of these Terms of Service form part of the separate agreement between you and the Pet Parent or Sitter (as applicable).
2.2. We are not party to any agreement, contractual or otherwise, between a Pet Parent and a Sitter .
2.3. You should use your best judgement before arranging a Sit/Sitter , or otherwise interacting with other Members via the Platform . You are solely responsible for making decisions that are in your best interests, including in relation to properties and pet(s) and vetting any potential Pet Parent/Sitter.
In addition to the services described in clause 1.5 above, we provide the other services set out in this clause to Pet Parents and Sitters .
3.1. The services we provide for Pet Parents are:
3.1.1. the ability to create an Home Listing including creating a comprehensive Welcome Guide ;
3.1.2. the ability to search for Sitters via the Platform ;
3.1.3. the ability to communicate with a Sitter via the messaging service on the Platform ;
3.1.4. the ability to choose and confirm a Sitter via the Platform ;
3.1.5. the ability to leave a Review for a Sitter who has completed a Sit ;
3.1.6. Membership Service Support ;
3.1.7. a Vet Advice Helpline which is available 24/7
3.1.8. a Home and Contents Plan provided at our sole discretion in cases where a Pet Parent has suffered loss from property damage or theft, subject to these terms and conditions .
3.1.9. a Sit Cancellation Plan provided at our sole discretion to premium tier Pet Parent members, where sitters have cancelled at short notice, subject to these terms and conditions .
3.2. The services we provide for Sitters are:
3.2.1. the ability to create a Sitter Profile including listing your availability to Sit ;
3.2.2. the ability to search for Sits by looking at available Home Listings ;
3.2.3. the ability to obtain a Trust and Verification Badge as a result of a Verification Check ;
3.2.4. the ability for all sitters who reside in the USA to obtain a Background Badge as a result of a third party agency (Evident ID, Inc.) performing, a criminal background check (" Criminal Background Check ") subject to our Criminal Background Check policy ;
3.2.5. the ability to communicate with Pet Parents via the Platform's messaging service;
3.2.6. the ability to leave a Review for an Pet Parent after you have completed a Sit for them;
3.2.7. Membership Service Support ;
3.2.8. a Vet Advice Helpline which is available 24/7;
3.2.9. a Sit Cancellation Plan provided at our sole discretion to premium tier Sitter Members , where pet parents have cancelled at short notice, subject to these terms and conditions ; and
3.2.10. an Accident and 3rd Party Liability Plan provided at our sole discretion to standard and premium tier Sitter members, where sitter members have suffered damage or injury caused by a pet while housesitting, subject to these terms and conditions
4.1. We do not provide the following or any guarantees or assurances for any of the following:
4.1.1. the safety of an Pet Parent’s home and/or pet(s);
4.1.2. confirmation of arrangements including dates of Sit ;
4.1.3. whether the Sit will go ahead as arranged;
4.1.4. that your Home Listing or Sitter Profile will be approved by us;
4.1.5. that you will be matched with another Member to commence a Sit .
4.2. We do not provide any if the following:
4.2.1. arranging a Sit ;
4.2.2. house sitting and/or pet care services; the Platform is available for Members to search, connect and communicate with each other;
4.2.3. Criminal Background Checks or Verification Checks on Sitters – we direct Sitters to a third-party to carry out a Verification Check and Criminal Background Check themselves, which is a requirement of becoming a Member ;
4.2.4. validation of Criminal Background Checks or Verification Checks on;
4.2.5. employment of any Sitters ;
4.2.6. checking the validity of Sitter References ;
4.2.7. endorsement of the quality or performance of Sitters ;
4.2.8. endorsement of or checking the accuracy of the Pet Parent’s Home Listing ;
4.2.9. endorsement of any Reviews provided by Members ;
4.2.10 insurance policies – the plans referred to in clause 3 above are not insurance policies and are not intended to take the place of any insurance obtained or obtainable by you (see clause 5). We are not authorised or regulated as an insurance provider and are unable to provide or arrange insurance of any kind.
5.1. The following applies to all Members . You will:
5.1.1. be an individual who is at least 21 years old;
5.1.2. pay all applicable fees on time;
5.1.3. comply at all times in full with these Terms of Service;
5.1.4. comply with the Member Code of Conduct ;
5.1.5. comply with the Acceptable Use Policy ;
5.1.6. register for an account on the Platform and provide accurate information about yourself (including name and email address) which you will keep up to date. Our collection and use of your personal information is described in our Privacy Policy .;
5.1.7. keep your login and password details confidential and prevent any unauthorised access to, or use of, the Services via your Account ;
5.1.8. promptly notify us of any unauthorised use of your Account ;
5.1.9. not create a fake identity or impersonate anyone else;
5.1.10. not create an Account in breach of any of our policies listed in this sub-paragraph 5.1, and the Privacy Policy ;
5.1.11. only upload images of a certain format, size and resolution in accordance with our specifications (that will be notified to you at the time);
5.1.12. only use the Services for domestic and private use, and will not use the Services in connection with any business or other organisation or for any commercial purpose whatsoever;
5.1.13. respond to communications from other Members in a timely manner, but in any event, within 72 hours;
5.1.14. complete a pre sit Handover and a post sit Handover ;
5.1.15. only cancel a Sit (or complete a Sit early) if there are extraordinary circumstances and you will immediately notify the Pet Parent or Sitter (as applicable) of this.
5.1.16. not access or use all or any part of the Platform or Services to build a product or service which competes with the Services or the Platform ; nor use the Platform or Services to make similar arrangements with third parties who are not Members outside of the Platform ;
5.1.17. not attempt to copy (in any way possible), modify, transmit or distribute all or any portion of the Platform (including any software) in any form or media or by any means;
5.1.18. provide us with Safety Contact Information so that you can be contacted about your Sittsy Account in the event of an emergency; and
5.1.19. not be residing in a jurisdiction which our financial service provider has deemed high risk, such as Cuba, Iran, North Korea, Crimea region, and Syria.
5.2. The following applies only to Pet Parents . You will:
5.2.1 be responsible for vaccinating your own pet(s) and notify your Sitter should your pet(s) have any illnesses or ailments;
5.2.2. ensure you have adequate provisions in place for veterinary care of your pet (such as pet insurance); and you hereby authorise the Sitter to obtain veterinary care for your pet(s) during a Sit if you cannot be reached;
5.2.3. remain responsible at all times for any veterinary treatment that your pet(s) may require, including all costs and expenses incurred by the Sitter in relation to the same; and you will reimburse the Sitter for any such costs within 14 days of completion of a Sit;
5.2.4. ensure that no pets to be left under the care of a Sitter have ever caused a person or animal any physical harm (no matter how minor the injury);
5.2.5. notify a Sitter of any special requirements or behaviours relating to your pet(s) in your Home Listing and when you communicate with any Sitter and during the Handover ;
5.2.6. evaluate the suitability of Sitters for yourself via direct communication with the Sitter where appropriate;
5.2.7. ensure that the details of your Home Listing are accurate and up to date;
5.2.8. ensure that the details in your Welcome Guide are accurate and up to date in advance of the start of the Sit ;
5.2.9. only provide Member Content that accurately reflects the quality and condition of your home and or pet(s);
5.2.10. ensure that you have adequate home insurance and that this insurance also covers you for the occupancy of a Sitter in your home (you may need to check this with your insurance provider);
5.2.11. not have any inherently dangerous pets (such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators), banned dog breeds, or any animal with a history of attacks on pets or people;
5.2.12. not have any pets which aren’t explicitly listed in the details of the Home Listing ;
5.2.13. ensure your home is vacated for a Sitter throughout the duration of the Sit , and that no third parties will interfere with the Sitter’s enjoyment of your property;
5.2.14. ensure that all booking dates and arrangements are accurate and communicated clearly to the Sitter ; and
5.2.15. follow our Camera and Recording Devices Policy . This includes having no internal recording or monitoring devices enabled during a Sit.
5.2.16. give sitters prior notice of any weapon that will be present in your premises during a sit. All weapons that are present at your premises must be properly stored and secured and where possible, out of sight. All weapons present in a listing must be secured regardless of whether they’ve been disclosed.
5.3. The following applies only to Sitters. You will:
5.3.1. set reasonable and transparent pricing for your services through the Platform ;
5.3.2. abide by all of the Pet Parents requests or instructions that are stipulated in their HomeListing , Welcome Guide and Handover ;
5.3.3. contact the Pet Parent if the pet(s) requires veterinary care;
5.3.4. get approval to take the pet(s) to the vet for treatment and get the Pet Parent’s agreement to pay for any costs incurred. If you can’t reach the Pet Parent and the pet’s health is at risk, you will contact the vet specified in the Welcome Guide and or use the Vet Advice Helpline provided and seek treatment ASAP;
5.3.5. pay any veterinary expenses up front and request the Pet Parent to reimburse you for all costs incurred;
5.3.6. immediately contact the Pet Parent in the event of any damage to property and get their approval for repair. If, in the event of an emergency, you are unable to contact the Pet Parent , you will pay for the repair of any damage caused, and request the Pet Parent reimburse you for all costs incurred (provided you have not caused the damage yourself);
5.3.7. not leave any Sit early under any circumstances, especially where this results in any pet(s) being left unattended, without first informing the Pet Parent and giving them reasonable time to arrange alternative pet care. If you do, you will instantly receive a lifetime ban from the Platform and any pending payments may be forfeited;
5.3.8. before arranging a Sit , have suitable insurance in place that will cover you for any travel and medical expenses;
5.3.9. only upload Member Content that accurately reflects your house and pet sitting experience;
5.3.10. not allow any other person(s) to participate in the sit unless they have been approved in writing by the Pet Parent ;
5.3.11. complete all confirmed bookings as agreed, and communicate promptly if any changes are necessary;
5.3.12. ensure that pets will remain at the Pet Parent’s property overnight, and will not be taken away from the house without prior approval from the Pet Parent ; and
5.3.13. provide notice of and obtain consent from a Pet Parent for any secured weapons that you intend to be on your person or in your possession while attending a housesit, prior to booking.
6.1. If a Member does not comply with the Requirements of Pet Parents and Sitters (set out in clause 5) the following shall apply. We may:
6.1.1. issue you with a warning;
6.1.2. suspend your Account so you will not be able to access the Services during the suspension term;
6.1.3. permanently block your access to the Services ;
6.1.4. immediately terminate your membership and delete your Home Listing and/or remove your Sitter Profile ;
6.1.5. report any offences committed to the appropriate authority;
6.2. The application of these sanctions is entirely at our discretion and we can choose whether to apply any one or all of them at any time.
7.1. Registration on the Platform is free for both Pet Parents and Sitters . There are no membership fees required to access the Services .
7.2. Service Fee for Pet Parents: When a Pet Parent books a Sitter , the Pet Parent pays a service fee to Sittsy in addition to the Sitter's fees. The service fee amount is displayed at checkout before payment is confirmed.
7.3. Sitter Payments: Sitters set their own rates for services. Sitters do not pay any commission or percentage fee on bookings. Sitters receive the full amount they charge for their services.
7.4. All amounts and fees stated or referred to in these Terms of Service shall be payable in the currency available and selected by the Member on the Platform .
7.5. We may change our fee structure at any time. We will notify you of any changes to the service fee at least 30 days before they take effect.
7.6. Please note that all payments made under these Terms of Service are processed by a third party (Stripe, Inc.), however, we are committed to protecting your personal data and so it will be handled in accordance with our Privacy Policy .
7.7.1 Except where expressly stated otherwise in these Terms of Service, all payments made to Sittsy are final, non-refundable, and non-reversible. This includes, without limitation, wallet deposits, credits, Boost fees, verification-related fees, onboarding fees, compliance-related fees, and any other amounts paid through the Platform.
7.7.2 By proceeding with any payment, the Member acknowledges and agrees that they are authorizing a real monetary transaction, even if such payment is represented within the Platform as credits, balance, wallet funds, or similar units.
7.8.1 Credits, wallet balances, and similar units displayed within the Platform represent prepaid monetary value purchased by the Member using a supported payment method. Such credits are not virtual currency, loyalty points, or trial funds.
7.8.2 Before completing any payment, the applicable amount and currency are displayed to the Member. Proceeding beyond the payment confirmation screen constitutes explicit authorization of the transaction.
7.8.3 Payments are processed by third-party payment providers (including, without limitation, Stripe and payment methods such as Apple Pay or Google Pay). Any biometric authentication, passcode prompt, or confirmation mechanism is controlled by the payment provider, issuing bank, device manufacturer, and user device settings. The absence of a biometric prompt does not invalidate authorization of a payment.
7.9.1 To the maximum extent permitted by applicable law, Members acknowledge that Services, verification processes, compliance checks, and account activation begin immediately upon payment. Accordingly, any statutory right of withdrawal or cancellation may be limited or lost once performance of the Services has commenced.
7.9.2 No refund, reversal, or chargeback right exists solely because a Member decides not to continue using the Platform after completing registration or making a payment.
7.10.1 Notwithstanding clauses 7.7 through 7.9, and solely as a discretionary goodwill gesture, Sittsy may, at its sole and absolute discretion, consider issuing a partial refund in limited circumstances.
7.10.2 Any goodwill refund is not a contractual right, is not guaranteed, does not create precedent, and does not constitute an admission of fault, error, misrepresentation, or liability by Sittsy.
7.11.1 A Member may be considered for a discretionary goodwill refund only if all of the following conditions are strictly met:
a) the Member has maintained an active account for a continuous period of at least thirty (30) days following registration;
b) during such period, the Member has fully completed all required profile fields, onboarding steps, identity verification processes, and compliance checks;
c) the Member's account has remained in good standing at all times, without suspension, restriction, warning, or enforcement action;
d) the Member has not violated these Terms of Service, the Acceptable Use Policy, the Member Code of Conduct, or any applicable local, national, or international laws or regulations;
e) the Member has not initiated or threatened chargebacks, payment disputes, or claims of fraud; and
f) the Member submits a formal request to close their account and discontinue use of the Platform.
7.11.2 If the above conditions are met, Sittsy may, at its sole discretion, refund only the unused portion of the Member's wallet balance or credits, after deduction of a fixed non-refundable amount retained to cover identity verification, onboarding, compliance checks, fraud prevention, payment processing, and operational costs.
7.11.3 The non-refundable portion described above applies regardless of whether the Member claims to have used the Services, as such costs are incurred immediately upon registration and account activation.
7.11.4 Sittsy reserves the right to deny any goodwill refund request for any reason, including risk management, fraud prevention, regulatory obligations, or internal policy considerations.
The fixed non-refundable amounts referenced in clause 7.11.2 are as follows: United States (USD): $20.00; Canada (CAD): $25.00; Australia (AUD): $30.00; United Kingdom (GBP): £15.00; Eurozone including Italy, France, Spain, Netherlands, Germany (EUR): €20.00; Brazil (BRL): R$100.00; Poland (PLN): 80 PLN; Mexico (MXN): 350 MXN. These amounts represent verification, onboarding, compliance, and payment processing costs.
8.1. Sitters may purchase a "Boost" to increase their visibility in search results and receive more booking requests. The Boost feature is entirely optional.
8.2. Boost Refund: If a booking is confirmed by both the Pet Parent and the Sitter during the Boost period, the Boost fee will be fully refunded to the Sitter .
8.3. Non-Refundable Boost: If no booking is confirmed during the Boost period, the Boost fee is non-refundable. By purchasing a Boost, you acknowledge and accept this condition.
8.4. The Boost feature does not guarantee any specific number of booking requests or confirmed bookings. Results may vary based on your profile, location, pricing, and market demand.
9.1. Booking Process: When a Pet Parent requests a booking, the Sitter may accept or decline. A booking is only confirmed when both parties agree to the arrangement.
9.2. Payment: Payment is collected from the Pet Parent when a booking is confirmed. The Sitter receives payment after the service is completed.
9.3. Cancellation by Pet Parent: If a Pet Parent cancels a confirmed booking, the refund amount depends on how far in advance the cancellation is made. Cancellation policies are displayed at the time of booking.
9.4. Cancellation by Sitter: If a Sitter cancels a confirmed booking, the Pet Parent will receive a full refund. Repeated cancellations by a Sitter may result in account penalties or suspension.
9.5. Disputes: If there is a dispute regarding a booking or service provided, please contact us at support@Sittsy.com . We will work with both parties to resolve the issue fairly.
10.1. You may close your account at any time by contacting us at support@Sittsy.com or through your account settings.
10.2. If you have pending or active bookings when you request account closure, you must complete or properly cancel those bookings before your account can be closed.
10.3. The following applies to all Members:
10.3.1. If we terminate your account in accordance with clause 6, you will not be entitled to a refund of any pending Boost fees or other payments.
10.3.2. Pursuant to clause 6, we reserve the right to suspend or terminate your access to the Platform and/or Services at our sole discretion. If your access to the Platform and/or Services is suspended then you will remain listed in the Member database but will not be listed on the Platform until we notify you in writing that your suspension has ended, following which we will re-list you on the Platform .
10.3.3. If your Criminal Background Check is returned as ‘failed’ and the appeals process has been exhausted, we reserve the right to permanently suspend your access to the Platform and/or Services .
10.3.4. Whether or not we choose to terminate your membership will not have an affect on any other rights or remedies which you or we may have.
11.1. You hereby acknowledge and agree that we own all intellectual property rights in the Platform and/or Services . This includes the (i) technology and software used to provide the Platform and/or Services ; (ii) the content on the Platform (save in respect of any Member Content ); and (iii) any trademarks and logos. You hereby acknowledge and agree that you do not have any intellectual property rights to, or in, the Platform or Services .
11.2. Member Content that you provide or upload to the Platform belongs to you. You hereby confirm that you have created the Member Content that you provide and/or upload to the Platform and you are the author of the FRR Content that you provide and that our use of both will not infringe the rights of any third party. If you infringe the intellectual property rights of any third-party, and we suffer a loss or incur an expense, you may be required to pay us compensation.
11.3. You hereby assign to us with full title guarantee all intellectual property rights in all FRR Content and you hereby waive any claims you may have in the FRR Content . This means we own the FRR Content and have the right to edit or delete any FRR Content .
11.4. You hereby grant us an irrevocable, perpetual, non-exclusive, sub-licensable, royalty-free worldwide licence to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Member Content in connection with providing and/or promoting the Platform and the Services .
11.5. You hereby confirm that any content you upload to the Platform will not violate the Code of Conduct, our Acceptable Use Policy or these Terms of Service.
11.6. Member Content uploaded to the Platform is not verified or independently approved by us. Any reliance that you may place on Member Content on the Platform is at your own risk. You should always use your own independent judgement when relying on Member Content .
11.7. We have the right to remove any content you upload on our Platform if, in our opinion, your content does not comply with our Acceptable Use Policy or these Terms of Service.
11.8. If you wish to contact us in relation to content you have uploaded to our Platform and that we have taken down, please contact us via our Contact us page .
11.9. If you believe that any content which is distributed or published by the Platform is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details linked above.
12.1. We will help Members resolve disputes only in accordance with the Member Dispute Process .
13.1. As a consumer, you have legal rights in relation to the Platform and/or Services . Advice about your legal rights is available from: (I) in the UK, the Citizens’ Advice Bureau or Trading Standards office, (II) in the USA, the Bureau of Consumer Protection..
14.1. These Terms of Service are a contract between you and us and only you and us have the right to enforce them.
14.2. You agree that you are not our employee, partner, agent or legal representative of any kind. You will not make any statements, representations or commitments of any kind, or take any action that could legally bind us.
14.3. If we do not take any action against you this does not mean that we forego any rights we may have under these Terms of Service.
14.4. If any part of these Terms of Service are found to be invalid, unenforceable or illegal, ( “the Offending Part” ) the Offending Part will be severed but the remaining provisions will remain in full force and effect. If the Offending Part belongs to a provision that is enforceable or legal, then the whole clause shall be modified so as to give effect to the intention of the parties.
14.5. You will not assign or transfer any of your rights or obligations under these Terms of Service to any other person.
14.6. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms of Service, provided that your rights and obligations are not affected.
14.7. We may amend these Terms of Service from time to time, however, we will aim to give you advance notice of any major changes.
14.8. On termination of these Terms of Service, the clauses of these Terms of Service that reasonably should survive termination will remain in effect.
14.9. Any notice we give you will be sent by email to the email address linked to your Account .
14.10. If we cannot perform the Services for you because of events beyond our reasonable control (e.g. strikes, lock-outs or other industrial disputes whether involving our workforce or any other party, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm) we will suspend the Services for the duration of said event. If these events cannot be resolved in a reasonable period of time (which we will determine based on the circumstances), we may temporarily suspend your access to the Platform. Any confirmed bookings affected by such events will be handled on a case-by-case basis.
15.1. These Terms of Service shall be governed and construed in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict of law provisions. However, this does not exclude any mandatory legal rights you may have in your country of residence, where we are not allowed to exclude such as a matter of law.
16.1. Please read these following clauses carefully as they set out (i) what we do not accept responsibility for; (ii) what we do not take responsibility for; and (iii) what you assume responsibility for.
16.1A. DISCLAIMER OF WARRANTIES: THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SITTSY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SITTSY DOES NOT WARRANT THAT THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE PLATFORM AND SERVICES AT YOUR OWN RISK.
16.2. As noted above, we provide an introduction service and provide the Platform for Members to find and connect with each other. We are not involved directly in discussions between Members or the arrangement or performance of any Sit and are not a party to any agreements you may make with other Members. The responsibilities and liabilities we assume reflect our role.
16.3. We do not assess or vet our Members or provide the Verification Checks or Criminal Background Checks, however we provide a platform to enable Sitters to carry out a Criminal Background Check (if they are US-resident Members ) and/or a Verification Check on themselves. While we may provide a Trust and Verification Badge and /or a Background Badge , such badges are not guarantees, or endorsements, including of quality, character or ability or willingness of a Sitter or Pet Parent. We do not make any representations or warranties regarding the reliability of the Criminal Background Checks and/or Verification Checks or the accuracy, timeliness or completeness of any information in such checks. We do not independently verify information in the Criminal Background Checks and/or Verification Checks.
16.4. We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk. We make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
16.5. Any content is provided for your general information. No content on the Platform constitutes technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Platform and its content,
16.6. The Platform may contain hyperlinks or references to third party advertising and websites other than the Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
16.7. WE DO NOT ACCEPT ANY LIABILITY OR RESPONSIBILITY FOR THE FOLLOWING :
16.7.1. any additional sums incurred by the Member as a result of the processing of their booking payments or Service Fee (such as bank charges);
16.7.2. any loss of income or loss of savings you may suffer or extra costs you incur arising from a Sit or the performance/non-performance of a Sit. ;
16.7.3. the retention, deletion or loss of your Member Content . It is your sole responsibility to maintain backup copies of your Member Content ; or
16.7.4. the acts or omissions of our agents or subcontractors (e.g. Vet Advice Helpline ) to the Member arising under or in connection with these Terms of Service and the Services ;
16.7.5. anything related to the services we make clear we do not provide as set out in clause 4;
16.7.6 the responsibilities and liabilities you assume as set out in clause 16.6.
16.8. You assume full responsibility for the choices you make before, during and after a Sit . You agree that as part of a Sit you enter into a contract between yourself and an Pet Parent or Sitter (as set out in clause 1.3 above) and you assume all of the associated risks of a Sit , including the following and the risks that could arise from the following:
16.8.1. evaluating and determining the suitability of a Pet Parent or Sitter for a Sit and assessing whether to arrange a Sit ;
16.8.2. health risks, especially to your pet(s), such as illness, bodily injury, disability, or death;
16.8.3. property risks such as theft, damage, loss or destruction of your home, its contents and your other belongings;
16.8.4. the Verification Check and Criminal Background Check as these are carried out by Sitters themselves;
16.8.5. the care and supervision of any minors;
16.8.6. the care and supervision of any pets;
16.8.7. any travel and subsistence costs; or
16.8.8. the information you share in your Welcome Guide ;
16.8.9. invasion of privacy (e.g. by use of CCTV or monitoring equipment).
and you hereby agree that we have no liability to you in respect of any of these risks.
16.9. To the maximum extent permitted by law (e.g. we are not negligent and do not owe you a duty of care) you agree that we are not liable for any injury, death, loss or harm that occurs to anyone or any pet during a Sit or in any way related to a Sit .
16.10. In no event shall we (including our employees, agents and subcontractors) be liable for any losses arising out of your breach of these Terms of Service or if you fail to follow any reasonable instructions we may give you.
16.11. We are responsible for:
16.11.1. death or personal injury caused by our negligence;
16.11.2. fraud or fraudulent misrepresentation carried out by our employees;
16.11.3. intentional, wilful or wanton misconduct of our employees;
16.11.4. performing the services with reasonable skill and care; or
16.11.5. any other liability that cannot be excluded by applicable law.
16.12. We are responsible for any loss or damage caused by us that is foreseeable as a result of us breaching these Terms of Service or failing to use reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time these Terms of Service were entered into.
16.13. Our maximum liability to you under these Terms of Service is limited to the total Service Fees or Boost fees you paid during the 12-month period preceding the claim.
16.14. You will reimburse us for all losses and expenses that we suffer as a result of a third party bringing a claim against us due to your breach of these Terms of Service.
If your country of residence is the USA, the following terms apply to you and in the event of a conflict between the rest of these Terms of Service and this clause 17, this clause 17 shall control to the extent of the conflict:
17.1 These Terms of Service will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict of law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in clause 17.2 below must be brought in state or federal court in New Castle County, Delaware, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in New Castle County, Delaware.
17.2 Dispute Resolution and Arbitration for US Members
- This clause 17.2 (this “ Arbitration Agreement ”) only applies to you if your country of residence is the United States. If your country of residence is not the United States, and you nevertheless attempt to bring any legal claim against us in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this clause 17.2 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law. - This clause 17.2 (this “ Arbitration Agreement ”) only applies to you if your country of residence is the United States. If your country of residence is not the United States, and you nevertheless attempt to bring any legal claim against us in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this clause 17.2 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law. - At least 30 days prior to initiating an arbitration, we each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to us by mailing it to our representative at support@Sittsy.com . We will send our notice of dispute to the email address associated with your account. A notice of dispute must include: our name and contact information (if you are sending the notice) or your name and contact information (if we are sending the notice), a brief description of the dispute, and the relief sought. If you and us are unable to resolve the dispute within the 30-day period, only then may either of us commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org). www.adr.org ). - We mutually agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Platform, Services, or any Content (collectively, “ Disputes ”) will be settled by binding individual arbitration (the “ Arbitration Agreement ”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, we each agree that the arbitrator will decide that issue. - Exceptions to Arbitration Agreement. We each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by clause 17.1): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Platform or Services. We each agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. - This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “ AAA Rules “) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules. - In order to make the arbitration most convenient to you, we agree that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in New Castle County, Delaware; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator. - Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defence that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules. - The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. - We each acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes. - We each acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. - Except as provided in clause 17.2.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
17.3 If we change this clause 17.2 after the date you last accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and us (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and us.
- Auto-Renewal for Paid Subscriptions: Your subscription will automatically renew at the end of each subscription period unless you cancel before the renewal date. You can manage your subscription settings through your account.
17.4 As part of the Services , you may receive communications through the Services , including messages that we send you (for example, via email or SMS). When signing up for the Services , you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want us to send you information that we think may be of interest to you, which may include Sittsy using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from us, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from us. You agree to indemnify and hold us harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
17.5 We provide the Platform on an “as-is” basis and make no representations, warranties or guarantees of any kind and we disclaim all warranties, whether express or implied, that the content on our Platform is accurate, complete or up to date. The disclaimers in these Terms of Service apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.
17.6 You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume all risk arising out of your use of the Platform and any Member Content , including your interactions with other Members, carrying out a Sit or allowing a Sitter to Sit for you.
17.8 To the maximum extent permitted by applicable law, you agree to release, defend (at our option), indemnify, and hold us (including our affiliates and our and their respective personnel) harmless from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms of Service or any other document or policy referenced herein; (ii) your improper use of the Platform ; (iii) your interactions with any other Members (such as, by way of example and without limitation, any agreement between you and any other Member and its performance or non-performance, the performance of a Sit and/or any dispute relating to your interactions with any other Member), including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind relating to such interactions; and (iv) your violation of any laws, rules, regulations, or third party rights, including without limitation intellectual property and privacy rights.
17.9 References throughout the Terms of Service to specific laws that do not apply to individuals outside the applicable jurisdiction ( e.g. , the UK’s Consumer Rights Act 2015) do not apply to Members residing outside the applicable jurisdiction.
Sit means the arrangement and/or completion (as applicable) of the house and pet sitting arrangement carried out directly between the Pet Parent and the Sitter