PETISTA TERMS OF SERVICE
Effective as of: May 1, 2020
These Terms of Service (“Terms and Conditions” or “Terms”) apply to your access to and use of the websites, applications, content, products, and services (collectively, the “Services”) by Petista, LLC and its parents, subsidiaries, representatives, affiliates, officers, and directors (collectively, “Petista”).
THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND PETISTA. By entering into this Agreement, and/or by using or accessing Petista’s Services, you expressly acknowledge that you understand these Terms and agree to be bound by the same. If you do not agree to these Terms, you may not access or use Petista’s Services. Petista may immediately terminate these Terms or any of its Services with respect to you, or generally may cease offering or deny access to its Services or any portion thereof, at any time for any reason.
Petista reserves the right to modify these Terms at any time; such modifications shall be effective upon Petista’s posting of such updated or modified Terms on its website(s) and/or application(s). Your continued access or use of Petista’s Services after such posting shall constitute your acceptance of the modified Terms.
Petista’s Services may only be used by individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein.
In order to use most aspects of Petista’s Services, you must register for and maintain an active personal user account ("Account"). Petista’s Services are not available to users who have had their Account temporarily or permanently deactivated. You may not allow other persons to use your Account, and you agree that you are the sole authorized user of your Account. Each person may only create one Account, and Petista reserves the right to deactivate any additional or duplicate accounts.
You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Petista certain personal information, such as your name, address, mobile phone number and age, and a bank account to which payments processed by Petista can be deposited. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having invalid or expired bank account information on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
Petista’s Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using Petista’s Services, and you may only access or use the Services for lawful purposes.
Licenses and Restrictions
Petista’s Services comprise web and mobile applications and related services, which enable users to arrange and schedule pet care services, manage client/customer relationship and communications, develop marketing/sales platforms, and other business management and administrative services. You acknowledge that your ability to obtain or provide pet care services through the use of Petista’s Services does not establish Petista as a pet care service provider.
Subject to your compliance with these Terms, Petista grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (1) access and use Petista’s Services and/or applications on your personal device(s); and (2) access and use any content, information and related materials that may be made available through Petista’s Services. Any rights not expressly granted herein are reserved by Petista.
You may not: (1) remove any copyright, trademark or other proprietary notices from any portion of Petista’s Services; (2) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Petista; (3) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (4) link to, mirror or frame any portion of the Services; (5) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (6) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Petista’s Services and all rights therein are and shall remain Petista’s property. Neither these Terms nor your use of the Services convey or grant to you any rights: (1) in or related to the Services except for the limited license granted above; or (2) to use or reference in any manner Petista’s company name(s), logo(s), product and service name(s), or trademark(s) or services mark(s).
You agree that Petista may contact you by email, telephone, text messages, or other notifications using the contact information provided by you or on your behalf in connection with a Petista account. Said communications may include, but are not limited to, operational communications, updates, news, and marketing/promotions. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving marketing/promotional communications at any time by following the unsubscribe or “STOP” instructions provided in any such communications.
User Information is any information you provide, publish or post to or through Petista or send to other users (including via in-application feedback, any email feature, or through any Petista-related Facebook, Twitter or other social media posting) (“User Information”). Any User Information provided by you remains your property. However, by providing User Information to Petista, you grant Petista a perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Information in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (1) you either are the sole and exclusive owner of all User Information or you have all rights, licenses, consents and releases necessary to grant Petista the license to the User Information as set forth above; and (2) neither the User Information, nor your submission, uploading, publishing or otherwise making available of such User Information, nor Petista's use of the User Information as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Information that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Petista in its sole discretion, whether or not such material may be protected by law. Petista may, but shall not be obligated to, review, monitor, or remove User Information, at Petista’s sole discretion and at any time and for any reason, without notice to you.
You agree not to use Petista for any use, other than its intended purpose. By using Petista, You agree to avoid any attempts to reverse engineer, recreate, or otherwise modify or mimic Petista’s operations in any other application, website, software, or the like. You agree to make reasonable efforts to respect and protect any Petista proprietary information learned by You, whether intentionally or not.
Promotions and Loyalty Programs
Petista, at its sole discretion, may make available various promotions and/or loyalty programs to its users. Said promotions and programs shall have no bearing whatsoever on these Terms, except to the extent as specifically described in such promotions or programs. Petista reserves the right to terminate, discontinue, or cancel any promotions or programs at any time and at its sole discretion. Nothing in these Terms or in any promotions or programs shall be construed as requiring your participation. Petista reserves the right to withhold or deduct benefits obtained through a promotion or program in the event that Petista determines or believes that said benefits were obtained in error, fraudulently, illegally, or in violation of the terms of the applicable promotion or program or these Terms.
User Representations and Warranties
By using Petista’s Services, you represent, warrant, and agree that:
You possess all necessary licenses, certifications, and/or authorizations required to operate as a pet care service provider and to provide the services in all geographic locations in which you offer any such services.
You will not engage in unsafe, reckless, or intentionally harmful behavior or acts while providing pet care services using Petista’s Services.
You will not attempt to defraud or defraud Petista or any of its users through any of Petista’s Services or in connection with the use of Petista’s Services.
You will not violate any law, statute, rule, permit, ordinance, or regulation in connection with your use of Petista’s Services.
You will not use Petista’s Services in any way that infringes upon any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
You will not use Petista’s Services to post, email, or otherwise transmit any malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of Petista’s Services or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data, or personal information.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through Petista.
You will not “frame” or “mirror” any part of the Petista’s Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose.
You will not modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of Petista’s Services.
rent, lease, lend, sell, redistribute, license or sublicense Petista’s Services or access to any portion of the Petista’s Services.
You will not cause, encourage, or request any third party to engage in any activities prohibited in the Terms.
Payment Processing Fees
If you do use Petista for payment processing, you agree to pay a payment processing fee of 2.5% of each sale, to be automatically withdrawn by Petista on a daily basis. In the event that an automatic payment is instituted but not honored for reasons such as insufficient funds, Petista reserves the right to resubmit the automatic payment request, or to immediately terminate your membership and access to Petista.
Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the "Stripe Terms"). By using the Petista platform to accept and/or receive payments, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Petista enabling payment processing services through Stripe, you authorize Petista to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of pet care services, as contemplated by this Agreement. You further agree to provide accurate and complete information about you and your business and authorize Petista to share it and transaction information with Stripe for the purposes of facilitating of the services provided by Petista. Petitsta reserves the right to switch payment processing vendors or use alternate vendors at its discretion.
Petista’s Services are provided “as is” and “as available.” Petista disclaims all representations and warranties, express, implied, or statutory, nor expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, Petista makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of services, or that the services will be uninterrupted or error-free. Petista does not guarantee the quality, safety, or ability of any third-parties using its Services, including pet care service providers.
Petista shall not be liable for indirect, incidental, special, exemplary, punitive damages, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, regardless of the negligence (either active, affirmative, sole, or concurrent) or Petista, even if Petista has been advised of the possibility of such damages.
Petista is not responsible for the conduct, whether online or offline, of any of its users. You are solely responsible for your interactions with other users. By using the Petista, you agree to accept such risks and agree that Petista is not responsible for the acts or omissions of its users.
It is possible for others to obtain information about you that you provide, publish or post to or through Petista (including any profile information you provide) and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other users on the Petista. Please carefully select the type of information that you post through Petista or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
You agree to indemnify and hold Petista and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (1) your use of the Services or services or goods obtained through your use of the Services; (2) your breach or violation of any of these Terms; (3) Petista’s use of your User Information; or (4) your violation of the rights of any third party.
IArbitration and Governing LawI
Any dispute between the parties, including, but not limited to, any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be settled by private, binding arbitration before a single arbitrator in accordance with the rules for commercial arbitration through the American Arbitration Association as those rules exist at the time the Parties enter into this Agreement. Judgement upon any award rendered by the arbitrator(s) may be entered in the Maricopa County Superior Court of the State of Arizona. However, nothing in this paragraph will limit the right of Petista to seek injunctive relief in the event you are believed to be in violation of your obligations under these Terms. Should Petista require to file for injunctive relief, it will do so in Maricopa County Superior Court of the State of Arizona or the United States District Court for the District of Arizona. By entering into this Agreement, you waive all objections to jurisdiction and venue in the courts and tribunals identified in this section.
ISeverability and WaiverI
If any part of these Terms is declared unlawful or unenforceable, the remainder of these Terms shall remain in full force and effect.
Failure of either party to enforce strictly any provision of these Terms shall not be construed as a waiver thereof or as excusing the other party from future performance.
Petista may give notice by means of a general notice through Petista’s website, applications, or communications; by electronic mail to your email address provided for your Account; by text message to any telephone number provided in connection with your Account; or by written communication sent by first class mail to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail) or 12 hours after sending (if by email or text).
You may give notice to Petista, at any time by email or first class mail to:
Attn: Legal Department
6619 N. Scottsdale Road Ste 2
Scottsdale, AZ 85250