Terms of Use
1. Acceptance of Terms; Modifications.
These Terms of Use (“Terms”) are a binding agreement between you and Pet Pop Over (“Pet Pop Over,” “we,” “us,” or “our”) governing your use of our website, mobile application, and related services (collectively, the “Services”). We may update these Terms from time to time. Changes are effective when posted unless otherwise required by law. Continued use of the Services after posting constitutes acceptance of the revised Terms.
2. Our Services.
2.1 Description of Services
The Services provide a platform where pet owners (“Pet Owners”) and pet enthusiasts (“Pet Enthusiasts”) can find and communicate with each other to arrange pet care services (“Pet Care Services”). Pet Pop Over does not provide pet care services and does not perform background checks on Pet Enthusiasts. We do not endorse or guarantee any Pet Care Services. Pet Enthusiasts are independent and not controlled by Pet Pop Over. All interactions occur at your own risk.
2.2 Bookings
Bookings occur when a Pet Owner submits a request and a Pet Enthusiast accepts it. Pet Enthusiasts may decline any request at their discretion. Users are responsible for communicating expectations and conducting any desired interviews or meetings.
PET POP OVER IS NOT RESPONSIBLE FOR CANCELED BOOKINGS OR NO‑SHOWS.
2.3 Pet Owners Are Solely Responsible for Evaluating Pet Enthusiasts
Pet Owners are solely responsible for assessing the suitability of Pet Enthusiasts. Reviews are user‑generated and not verified or endorsed by Pet Pop Over.
2.4 Pet Owner Affirmations
By using the Services, Pet Owners affirm that their pets are healthy, vaccinated, non‑aggressive, and accurately described, and that emergency contact information will be provided.
2.5 Pet Enthusiast Affirmations
Pet Enthusiasts affirm that they voluntarily interact with pets, will communicate experience and boundaries, provide safe and humane care, promptly report issues, and return pets as agreed.
PET POP OVER IS NOT LIABLE FOR FALSE AFFIRMATIONS, PET BEHAVIOR, OR FAILURE TO RETURN A PET AS AGREED.
2.6 Abandoned Pets; Rehoming
If a Pet Owner fails to retrieve a pet as agreed, the Pet Enthusiast may arrange alternative care at the Pet Owner’s expense.
2.7 Emergencies
Pet Owners authorize Pet Enthusiasts to seek emergency veterinary care if the owner cannot be reached. Pet Owners are responsible for related costs and release Pet Enthusiasts and Pet Pop Over from liability if care is declined.
3. Certification of Compliance with Applicable Law.
You certify that you are at least 18 years old and will comply with all applicable laws. Pet Owners and Pet Enthusiasts are responsible for meeting legal requirements related to pets and services.
Pet Pop Over may rely on these certifications and is not responsible for user compliance.
4. Use of the Services; Suspension.
4.1 Your Conduct on the Services
You agree to use the Services lawfully and not to engage in prohibited conduct, including misuse, fraud, harmful content, circumvention of the platform, impersonation, or interference with the Services.
4.2 Suspension and Termination
We may suspend or terminate access at our discretion to protect users, pets, or the platform. You may deactivate your account at any time.
5. Registration; Account Security.
You are responsible for maintaining accurate account information and safeguarding your credentials. You are responsible for all activity under your account. You will notify us if your account credentials are compromised.
6. Subscription Fees and Payment Processing
Access to the Services requires a paid subscription. Fees are billed in advance, non‑refundable except as required by law, and processed through Stripe. Failure to maintain valid payment information may result in suspension.
It is your responsibility to ensure that your payment information is accurate and up to date. Failure to do so may result in the suspension or termination of your access to the Services.
7. Non-Circumvention.
You agree that you will not circumvent the Services by arranging visits or ongoing care with individuals met through the Services in an effort to avoid subscription fees.
8. Privacy.
Our collection and use of your personal information is described in our Privacy Policy. By accessing or using the Services, you acknowledge that you have read and understand the Privacy Policy.
9. Your Content.
9.1 Your Content
Users may submit content, including profiles, photos, and reviews (“Your Content”).
9.2 License
You grant Pet Pop Over a perpetual, worldwide, non‑exclusive license to use Your Content in connection with the Services, subject to our Privacy Policy.
9.3 Release
You release Pet Pop Over and users from any and all claims related to the use of Your Content.
9.4 Representations and Warranties
You represent that you have all rights and permissions necessary for Your Content and that it complies with law and these Terms.
9.5 Right to Remove or Screen Content
We may remove or modify content at our discretion and are not responsible for retaining copies.
9.6 Reviews
Reviews may be public or private and may be removed at our discretion. We are not liable to review content.
10. Phone, Text and Mobile Communications.
10.1 Consent to Text Messages and Other Communications. You consent to receive from or on behalf of us, communications containing service-related information (and/or sales, marketing, or advertising messages, by autodialed, prerecorded, or artificial voice calls or SMS, text messages, or email at any phone number or email address you provide in connection with your account. Messaging, data and other rates and fees may apply to these communications. You are not required to provide this consent as a condition of purchasing anything or using the Services, and you may opt out of receiving such messages at any time as described in our Privacy Policy (though you may continue to receive messages while we process your request).
10.2 Phone Number Changes. In the event you deactivate a mobile phone number provided to us, you agree to update your account information promptly to ensure that messages are not sent to the person who acquires your old number.
11. Third Party Services, Links.
The Services may contain links to third party websites. We are not liable for:
(i) the availability or accuracy of such websites or resources; or
(ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
12. Indemnity.
TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD PET POP OVER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR:
(1) TRANSACTIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES;
(2) BREACH OF THESE TERMS OF USE;
(3) DISPUTES WITH OTHER USERS OF THE SERVICES;
(4) YOUR MISSTATEMENTS, MISREPRESENTATIONS, OR VIOLATION OF APPLICABLE LAW;
(5) PROPERTY DAMAGE OR PERSONAL INJURY TO THIRD PARTIES CAUSED BY YOUR PET OR PETS IN YOUR CARE; OR
(6) YOUR CONTENT. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION.
13. Intellectual Property.
13.1 Services. Pet Pop over and its licensors retain all right, title and interest in and to the Services, the technology and software used to provide it, all electronic documentation and content available through the Services (other than Your Content), and all intellectual property and proprietary rights in the Services. Except for your rights to access and use the Services set forth in these Terms of Use, nothing in these Terms of Use licenses or convey any of our intellectual property or proprietary rights to anyone. You agree that we will have a perpetual right to use and incorporate into the Services any feedback or suggestions for improvement that you provide to us concerning the Services, without any obligation of compensation.
13.2 Trademarks. Pet Pop Over owns all rights in and to its trademarks, service marks, brand names and logos (the “Marks”). As a condition of your use of the Services, you agree that
(1) you have no ownership rights in the Marks,
(2) such license immediately terminates if Pet Pop Over suspends or terminates your rights to use the Services,
(3) Pet Pop Over may terminate your right to use Marks at any time for any or no reason in Pet Pop Over’s sole discretion, and
(4) you will not adopt or use any of the Marks other than as explicitly authorized by Pet Pop Over.
14. Warranty Disclaimer for the Services.
The information and materials found on the Services, 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 Services, but not directly by Pet Pop Over, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PET POP OVER DOES NOT:
(1) WARRANT THE ACCURACY OR ADEQUACY OF INFORMATION ON THE SERVICES;
(2) ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PET POP OVER;
(3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PET POP OVER EXPRESSLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO THE SERVICES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY. PET POP OVER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY PET ENTHUSIAST THAT OFFERS PET CARE SERVICES VIA THE SERVICES.
15. Limitation of Liability.
15.1 Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in no event will Pet Pop Over be liable to you for any indirect, special, incidental, or consequential damages, including travel expenses, 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 Services, including without limitation damages related to any information received from the Services, removal of your profile information or review (or other content) from the Services, any suspension or termination of your access to the Services, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Services, even if we are aware of the possibility of any such damages, losses or expenses.
15.2 Limit on Our Liability to You. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PET POP OVER’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS OF USE EXCEED $100.00 USD
15.3 No Liability for non-Pet Pop Over Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PET POP OVER BE LIABLE FOR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES, 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 SERVICES, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE SERVICES.
IF YOU HAVE A DISPUTE WITH A PET ENTHUSIAST OR PET OWNER, YOU AGREE TO RELEASE PET POP OVER FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN NO EVENT WILL PET POP OVER BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A PET OWNER OR PET ENTHUSIAST FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
PLEASE READ THIS SECTION CAREFULLY, AS IT PRESCRIBES HOW DISPUTES BETWEEN US WILL BE RESOLVED. Any dispute between you and Pet Pop Over will be resolved by binding arbitration in New York, New York.
THE PARTIES AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
17. Governing Law.
The Terms of Use are governed by the laws of the State of New York, without giving effect to any conflict of law principles.
18. Miscellaneous.
The invalidity, illegality or unenforceability of any term or provision of these Terms of Use will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. These Terms of Use continue to apply even if you deactivate your account with Pet Pop Over.
For questions regarding these Terms of Use, please contact us at [admin@petpopover.com]