Sittsy Terms of Service
Last updated: January 21, 2026
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.
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE LIMITATIONS OF LIABILITY SET OUT IN CLAUSE 16 and 17.
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. OVERVIEW OF OUR ROLE AND HOW THE SERVICES WORK
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.
Sittsy, LLC
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. SEPARATE AGREEMENT BETWEEN MEMBERS
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.
3. THE SERVICES WE PROVIDE FOR MEMBERS
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. THE SERVICES WE DO NOT PROVIDE TO MEMBERS
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. REQUIREMENTS OF PET PARENTS AND SITTERS
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. CONSEQUENCES OF NOT COMPLYING WITH REQUIREMENTS FOR MEMBERS
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. FEES AND PAYMENTS
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 Payments Are Final and Non-Refundable
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 Wallet Deposits, Credits, and Authorization
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 No Right of Withdrawal or Refund
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 Goodwill Refunds (Discretionary Only)
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 Conditions for Goodwill Refund Consideration
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. SITTER BOOST FEATURE
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. BOOKINGS AND CANCELLATIONS
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. ACCOUNT TERMINATION
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. CONTENT AND PLATFORM OWNERSHIP
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. DISPUTES BETWEEN MEMBERS
12.1. We will help
Members
resolve disputes only in accordance with the
Member Dispute Process
.
13. YOUR RIGHTS
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. OTHER IMPORTANT TERMS
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. LAW AND WHERE TO BRING PROCEEDINGS
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. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
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.
17. ADDITIONAL OR DIFFERENT TERMS FOR MEMBERS BASED IN THE USA
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.
17.7 We are not liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms of Service, (ii) the use of or inability to the use the Platform, (iii) any communications with any other Members through your use of the Platform, or (iv) any Member Content, whether based on warranty, contract, tort (including negligence), or product liability. In no event will our aggregate liability for any claim or dispute arising out of or in connection with these Terms of Service, your interaction with any Members, or your use of or inability to use or receive the Platform, Member
Content, or any Services, exceed the greater of the amounts you paid to us in the 12-month period before the event giving rise to the liability or one hundred U.S. dollars ($100.00). These limitations of liability are fundamental elements of your agreement with us. If applicable law does not allow the limitations of liability set out in these Terms of Service, the above limitations may not apply to 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.
GLOSSARY
Accident and 3rd Party Liability Plan
means a plan that enables
Sitters
to request payment (up to $1m) from us (offer by us a goodwill basis and at our sole discretion) where damage or injury has been caused by a pet while housesitting, subject to these
Terms and conditions
Account
means the Member area on the
Platform
accessed with secure login details including email address and password
Background Badge
means the icon added to a USA-resident
Sitter Profile
which identifies the completion of a Criminal Background Check
Booking
means a confirmed arrangement between a Pet Parent and a Sitter for pet care services made through the Platform
Criminal Background Check
means the criminal record checking service provided by a third party agency (Evident ID, Inc.), for all
Sitters
who reside in the USA, subject to our Criminal Background Check policy.
FRR Content
means any Feedback, Reviews, References
Handover
means communicating the essential details of an arranged Sit face-to-face and handing over the keys to start/finish the Sit, clearly setting out your expectations
Home and Contents Plan
means a plan that enables
Pet Parents
to request payment (of up to $1m) from us (offered by us on a goodwill basis and at our sole discretion) for any losses suffered from property damage and theft as a result of the housesitting, subject to these
Terms and conditions
.
Member Content
means any content (including text, photographs, images, videos and any other materials) that relates to your Home Listing and/or Sitter Profile
Member Code of Conduct
means the guidelines for Members' behaviour when using the Platform and interacting with other Members.
(as amended from time to time)
Member Dispute Process
means the policy described in clause 12
Membership Service Support
means the customer service/support team of Sittsy who will deal with all enquiries regarding a membership, use of the Platform and/or Services. This is available 24/7
Owner
means the member who makes their property available to Sitters and who engages a Sitter in respect of such property. The term Owner is interchangeable with the term Pet Parent
Pet Parent
means the member who makes their property available to Sitters and who engages a Sitter in respect of such property. The term Pet Parent is interchangeable with the term Owner
Home Listing
means the listing on our Platform where a Pet Parent can set out the responsibilities, including pet care, that they want Sitters to comply with
Platform
has the meaning given in clause 1 of the Terms of Service
Reference(s)
mean an external comment and rating (out of five) left by a third party person for a Sitter’s profile
Review(s)
means the comment and rating (out of five) left by a Pet Parent about a Sitter who has sat for them; or the comment and rating (out of five) left by a Sitter about a sit they have completed for a Pet Parent
Safety Contact Information
means the emergency contact details provided in your Account so that we can contact you urgently if necessary
Services
has the meaning given in clause 1 of the Terms of Service.
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
Sitter
means a member who cares for the property and/or pet(s) of a Pet Parent
Service Fee
means the fee charged to Pet Parents for each booking, which helps cover the cost of operating the Platform
Boost
means the optional paid feature that allows Sitters to increase their visibility in search results
Sit Cancellation Plan
means a plan that enables premium tier
Pet Parent
and premium tier
Sitter
members to request payment (of up to $1500) from us (offered by us on a goodwill basis and at our sole discretion) as a result of short notice cancellations, subject to our terms and conditions
Sitter Profile
means the profile of a Sitter where you can set out information about yourself such as your hobbies and interests, why you're looking to house sit, and any house/pet sitting experience you have
Trust and Verification Badges
means the icons added to a Sitter's Profile which identify the completion of a Sitter's Background Checks.
Vet Advice Helpline
means the 24/7 veterinary helpline service provided by Vetsdirect Ltd, more information on which is available on your member dashboard
Verification Check
means confirming your email address, telephone number via our 3rd party agency (Vonage), collecting an external Reference(s) for a Sitter, or completing an ID check via our 3rd party agency (Evident)
Welcome Guide
means a guide provided by a Pet Parent (using the facility on our Platform) in which the Pet Parent can set out any specific requirements for their house or pet, such as emergency contact information, security details and/or wifi codes