These Terms of Service (“Terms”) govern your use of the Krispyclean K9S! website, any Krispyclean K9S! mobile application, application programming interfaces, content, products and other services offered by Krispyclean K9S!, as well as Krispyclean K9S! services offered through third parties integrating Krispyclean K9S! functionality (collectively, the “Services”). Krispyclean K9S! Labs, Inc. (“Krispyclean K9S!”, “Company”, “we” or “us”) provides the Services. “You” refers to you as a user of the Services.
THE DISPUTE RESOLUTION SECTION IN SECTION 22 OF THESE TERMS CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND Krispyclean K9S! TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS CAREFULLY. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
The Services includes a marketplace technology platform that enables third-party pet owners (“Pet Owners”) and third-party pet care service providers (“Pet Care Providers”) to connect with each other. However, Krispyclean K9S! has no control over the conduct of Pet Care Providers or any other users of the Services. YOU ACKNOWLEDGE AND AGREE THAT Krispyclean K9S! IS A TECHNOLOGY SERVICES PROVIDER THAT DOES NOT PROVIDE PET CARE SERVICES.
1. Acceptance of these Terms
By entering into these Terms, and/or by using or accessing the Services, you expressly acknowledge that you understand these (including the dispute resolution and arbitration provisions below) and accept all of its terms. BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.
2. Changes to these Terms
Krispyclean K9S! may, in its sole discretion, amend the Terms and modify or update the Services from time to time. If we change these Terms, we will give you notice by posting the revised Terms on the Services. Please review this page periodically to ensure you are up-to-date with any changes. Those changes will go into effect on the revision date shown in the revised Terms. Your continued use of the Services will constitute your acceptance of the amended Terms.
3. Additional Terms
4. Your Consent to Receive Calls, Text Messages, Emails and Other Communications
You expressly consent to receive and accept communications from Krispyclean K9S!, our Affiliates (as defined below) and their respective representatives, including via e-mail, telephone calls and text messages (including by an automatic telephone dialing system or a prerecorded voice), push notifications or other comparable means at any of the e-mail addresses and/or telephone numbers provided by you or on your behalf to Krispyclean K9S!. You agree that the foregoing authorized communications may be initiated for any transactional, customer service, advertising, marketing, promotional, debt collection, account administration or other purposes. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PRERECORDED OR AUTODIALED PROMOTIONAL, ADVERTISING OR MARKETING (COLLECTIVELY, “MARKETING”) CALLS OR TEXT MESSAGES AS A CONDITION OF PURCHASING ANY PROPERTY, GOODS OR SERVICES. IF YOU WISH TO OPT OUT OF MARKETING CALLS, EMAILS OR TEXT MESSAGES FROM US, YOU AGREE TO OPT OUT BY FOLLOWING ANY UNSUBSCRIBE INSTRUCTIONS PROVIDED TO YOU IN THOSE COMMUNICATIONS OR BY CONTACTING CUSTOMER SUCCESS AT (628) 400-4426, (855) 732-9513 OR Krispyclean K9SSUPPORT@Krispyclean K9SWALKING.COM. If you receive a marketing call from Krispyclean K9S!, you also may opt-out of receiving future marketing calls by communicating a do-not-call request to our representative before you hang up. You agree that Krispyclean K9S! and our Affiliates and representatives will not be responsible for honoring opt-out requests communicated through other channels. If you wish to register an account with Krispyclean K9S! without agreeing to receive autodialed or prerecorded marketing calls or text messages from Krispyclean K9S! and our Affiliates, contact a Customer Success representative for assistance at (628) 400-4426, (855) 732-9513 or Krispyclean K9Ssupport@Krispyclean K9Swalking.com. Standard text messaging and data charges charged by your wireless service carrier will apply to text messages we may send. You represent and warrant that you are authorized to approve the receipt of calls and text messages at any telephone number you provide to us in connection with your account or your use of our Services and to approve any related carrier charges. PLEASE BE ADVISED THAT IF YOU OPT OUT OF MARKETING COMMUNICATIONS, Krispyclean K9S! MAY STILL SEND YOU COMMUNICATIONS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS BETWEEN YOU, Krispyclean K9S! AND/OR OTHER USERS OF THE PLATFORM, INCLUDING THE SERVICES YOU PROVIDE TO OR OR RECEIVE FROM OTHER USERS OF THE PLATFORM. YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING TEXT MESSAGES OR OTHER COMMUNICATIONS MAY IMPACT YOUR USE OF THE SERVICES.
You must be at least 18 years old to use the Services. If you are under the age of majority in your state of residence or a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Services with permission from your parent or legal guardian.
6. Krispyclean K9S! as a Marketplace Technology Platform
The Services includes a marketplace technology platform that connects Pet Care Providers with Pet Owners. We do not provide any pet care services and make no representations or warranties about the quality of dog walking, boarding, sitting, transportation or other services provided by Pet Care Providers, or about your interactions and dealings with Pet Care Providers or other users. Krispyclean K9S! does not employ, recommend or endorse Pet Owners or Pet Care Providers, and we are not responsible or liable for the performance or conduct of Pet Owners or Pet Care Providers, whether online or offline.
Krispyclean K9S! provides Pet Care Providers with access to third-party vendors that perform background checks and verifications. Krispyclean K9S! itself does not conduct background checks and does not independently verify information in the background checks. Krispyclean K9S! is not responsible or liable in any manner for the background checks.
7. Payment Terms for Pet Owners
As a Pet Owner, you understand that use of the Services may result in you owing fees to the Pet Care Provider for the pet care services you receive from such Pet Care Provider. Krispyclean K9S! will facilitate your payment of the applicable charges on behalf of the Pet Care Provider through third-party payment processors, with whom you will be required to establish an account to access the Services. Payment of such charges in such manner shall be considered the same as payment made directly by you to the Pet Care Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable regardless of your decision to terminate usage of the Services, Krispyclean K9S!’s decision to terminate your usage, any disruption of the Services or any other reason whatsoever, unless otherwise determined by Krispyclean K9S!.
All charges are due immediately and Krispyclean K9S!, or a third-party payment processor, will process your payment on the Pet Care Provider’s behalf using the primary payment method designated by you in your Krispyclean K9S! account. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Krispyclean K9S! may, as the Pet Care Provider’s limited payment collection agent, use a secondary payment method in your account, if available.
Once you request a pet care service, you agree to pay the Pet Care Provider the agreed-to price and honor the other terms of such booking. You may elect to cancel your request for services from a Pet Care Provider at any time prior to such Pet Care Provider’s arrival, in which case you are subject to a cancellation fee.
The fees owed to Pet Care Providers are not inclusive of tip or gratuity for the Pet Care Provider. While you are free to provide gratuity to any Pet Care Provider who provides you with services obtained through the Services, you are under no obligation to do so. After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Pet Care Provider.
In addition to the above fees, you understand and acknowledge that you may incur ancillary charges in connection with your receipt of pet care services from Pet Care Providers (“Charges”). Such Charges may include some combination of the following: (1) cancellation fee, (2) service fee, (3) trust and safety fee, (4) surcharges, (5) convenience fee, and (6) other fees. A description of any Charges will be available on the Services. You have absolute discretion to request or not request services from a Pet Care Provider if the total applicable fee or charge is not acceptable to you.
From time to time, Krispyclean K9S! may, in its sole discretion, make available certain promotions, offers, credits, rewards, subscriptions or referrals links or codes to Pet Owners (the “Promotions”). Such Promotions will be provided to Pet Owners via the Services, by email or otherwise made available electronically by Krispyclean K9S!. Such Promotions are only valid for redemption through the Services and are not transferable or redeemable for cash except as required by law. Each Promotion is a limited time offer and is valid only for the time and purpose and under the terms and conditions specified therein, which may include eligibility, time and location requirements. Krispyclean K9S!, at its sole discretion, reserves the right to issue Promotions with different features, discounts, offers or deals to any users or groups of users determined solely by Krispyclean K9S!. These Promotions, unless made to you, shall have no bearing whatsoever on your use of the Services, or any Promotions offered to you. Krispyclean K9S! reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotions that was made in error or fraudulent or where illegal behavior was detected, or the Pet Owner was found to be in violation of the terms of such Promotion, these Terms or the Additional Terms. Promotions may be modified, disabled or withdrawn by Krispyclean K9S! at any time for any reason or no reason without liability to Krispyclean K9S!.
You acknowledge and agree that Krispyclean K9S! may limit or temporarily or permanently suspend your use of or access to the Services if: (1) you have provided inaccurate, fraudulent, outdated or incomplete information regarding a payment method, (2) any amounts you owe for pet care services are overdue or in default, or (3) Krispyclean K9S! believes in good faith that such action is reasonably necessary to protect the personal safety or property of Krispyclean K9S!, our users, any third-party payment processor or third parties, or to prevent fraud or other illegal activity.
8. Acceptable Use of the Services
You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users, third parties or to us. When you use the Services, you may not:
• violate any law or regulation or use the Services for any unintended purposes;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• provide false information in your profile on, or registration for, the Services;
• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
• transmit any viruses, malicious codes or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• stalk, harass, or harm another individual;
• impersonate any person or entity, maintain more than one account (or, if Krispyclean K9S! suspends or terminates your account, create further accounts) or perform any other fraudulent activity, such as phishing, marketplace collusion, promotional abuse, and payment fraud;
• use any means to scrape or crawl any Web pages contained in the Services;
• use the Services to identify Pet Care Providers to complete off-line transactions that circumvent your payment obligations for the Services;
• use the Services for purposes of competing with Krispyclean K9S!;
• authorize other users to use your user status or transfer your account to any other person or entity;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;
• interfere with Krispyclean K9S!’s provision of, or any other user’s use of, the Services;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;
• solicit another user’s username and password for the Services;
• post reviews about Pet Care Providers that are not based on your personal experience, that are intentionally inaccurate, or that violate these Terms or Additional Terms;
• use the Services to arrange for the care of exotic, non-domesticated or inherently dangerous pets, pets with a history of attacks on animals or people, or any other pets not specifically contemplated by the Services; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
9. User Content
The Services allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. In other words, you own your personal data.
When you upload, submit, store, send, or receive User Content to or through the Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (including, but not limited to, translations, adaptations, or other changes we make so that User Content works better with the Services), publicly perform, publicly display, and distribute your User Content in order to operate, promote, market and improve our Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is irrevocable, sublicensable, fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Services.
You promise that:• you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above (including having the necessary consents and releases from any individuals who appear or whose pets appear in your User Content); and
• your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We reserve the right to use, share and display your User Content (including Pet Owners’ reviews of Pet Care Providers) or Pet Care Providers’ reviews of Pet Owners or their pet(s) in any manner in connection with our business without attribution to you or your approval. You acknowledge and agree that we are distributors (without any obligation to verify) and not publishers of your User Content or Pet Care Providers’ reviews, and we reserve the right to monitor, screen, edit or remove your User Content or Pet Care Providers’ reviews in the event that such content include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Company’s content policies. Our failure to enforce our rights under these Terms in one instance does not create a waiver of your right to enforce them in another instance. We are not obligated to provide you with copies of your User Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to your User Content.
If you include your name, image, likeness or voice in any of your User Content, you grant us permission to use your name, image, voice, and likeness, and hereby release us from any liability arising from such use, including, without limitation, claims for invasion of privacy, infringement of your right of publicity, and defamation (including libel and slander).
Krispyclean K9S! offers an in-app chat feature to better connect Pet Owners with Pet Care Providers. Data and content sent through the chat feature is User Content that is subject to these Terms. We are able to access this User Content and reserve the right (but have no obligation) to monitor, screen, edit or remove your User Content. Users should be mindful when communicating information to third parties, and we recommend that you refrain from disclosing or sending sensitive information through the chat feature, such as personal financial information, log-in account information and passwords, and/or personal contact information (including phone numbers).
10. Consent to Pet Care Provider Photo and Video Activities
As a Pet Owner, you understand and agree that certain Pet Care Providers may take pictures, videos, and other forms of recorded media of your pet during the course of providing services to you. You further understand and agree that Pet Care Providers may post, upload, share, store, or otherwise provide any such pictures, videos, or other forms of recorded media to Krispyclean K9S! through the Services or to their own social media, the Internet or otherwise. You understand and agree that such recorded media may be used not only to provide information to you as part of the Services, but also to assist Krispyclean K9S! in quality control, safety, and promotional and marketing activities. You agree that you have no right, title, or other ownership interest to or in such pictures, videos, or other forms of recorded media, and that the use of such media, including the posting or display of such media, is within Krispyclean K9S!’s and Pet Care Providers’ sole discretion. Krispyclean K9S! hereby grants you a limited, revocable, non-exclusive license to copy and use pictures, videos and other forms of recorded media of your pet that are made available by Krispyclean K9S! through the Krispyclean K9S! Services, solely for non-commercial purposes (e.g., posting a photo on your social media accounts).