Terms of Service
Updated: June 29, 2021
These Terms of Service (“Terms”) govern your use of the DigyPet website, any DigyPet mobile application, application programming interfaces, content, products and other services offered by DigyPet, as well as DigyPet services offered through third parties integrating DigyPet functionality (collectively, the “Services”). Souls for Paws, LLC dba DigyPet (“DigyPet”, “Company”, “we” or “us”) provides the Services. “You” refers to you as a user of the Services.
THE ARBITRATION AGREEMENT SECTION IN SECTION 22 OF THESE TERMS CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND DIGYPET 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 social media and marketplace technology platform that enables third-party Pet Parents (“Pet Parents”) and third-party Pet Service Providers (“Pet Service Providers”) to connect with each other. However, DigyPet has no control over the conduct of Pet Service Providers or any other users of the Services. YOU ACKNOWLEDGE AND AGREE THAT DIGYPET IS A TECHNOLOGY SERVICES PROVIDER THAT DOES NOT PROVIDE PET CARE SERVICES. IN ADDITION, YOU ACKNOWLEDGE AND AGREEE THAT DIGYPET DOES NOT REQUIRE PET SERVICE PROVIDERS TO SUBMIT TO BACKGROUND CHECKS OR TO BE INSURED. DIGYPET DOES NOT CONDUCT BACKGROUND CHECKS AND DOES NOT INDEPENDENTLY VERIFY INFORMATION PROVIDED BY ITS USERS. FURTHER, DIGYPET DOES NOT REQUIRE PET SERVICE PROVIDERS TO BE INSURED.
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
DigyPet 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 Text Messages, Calls, Emails and Other Communications
You expressly consent to receive and accept communications, in all forms, from DigyPet, our Affiliates (as defined below) and their respective representatives, including via text messages, phone calls, and e-mail 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 DigyPet. You agree that the foregoing authorized communications may be initiated for any transactional, customer service, account administration, marketing, promotional, advertising, debt collection, 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 (737) 600-1528OR email@example.com. If you receive a marketing call from DigyPet, 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 DigyPet 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 DigyPet without agreeing to receive autodialed or prerecorded marketing calls or text messages from DigyPet and our Affiliates, contact a Customer Success representative for assistance at or firstname.lastname@example.org. 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, DIGYPET MAY STILL SEND YOU COMMUNICATIONS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS BETWEEN YOU, DIGYPET AND/OR OTHER USERS OF THE PLATFORM, INCLUDING THE SERVICES YOU PROVIDE TO 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.
Purchasing of Services: You must be at least 18 years old to purchase Services on the DigyPet. 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.
Creating a Profile (Personal or Business): Our goal is to make DigyPet broadly available to everyone, but you cannot use DigyPet if:
6. DigyPet as a Marketplace Technology Platform
The Services includes a marketplace technology platform that connects Pet Service Providers with Pet Parents. 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 Service Providers, or about your interactions and dealings with Pet Service Providers or other users. DigyPet does not employ, recommend or endorse Pet Parents or Pet Service Providers, and we are not responsible or liable for the performance or conduct of Pet Parents or Pet Service Providers, whether online or offline.
Background Checks: DigyPet does not require background checks, however we do encourage all of our Pet Service Providers to submit to a background check. DigyPet does provide access to third-party vendors that perform background checks and verifications. DigyPet itself does not conduct background checks and does not independently verify information in the background checks. DigyPet is not responsible or liable in any manner for the background checks.
Pet Service Providers that have undergone a background check will have a magnifying glass badge on their profile.
Insurance: DigyPet does not require Pet Service Providers to carry insurance, however we do encourage all of our Pet Service Providers to carry insurance. DigyPet itself does not provide the Pet Service Provider with insurance. DigyPet is not responsible or liable in any manner for the background checks.
Pet Service Providers that have their own insurance will have an umbrella badge on their profile.
7. Payment Terms for Pet Parents
As a Pet Parent, you understand that use of the Services may result in you owing fees to the Pet Service Provider for the pet care services you receive from such Pet Service Provider. DigyPet will facilitate your payment of the applicable charges on behalf of the Pet Service Provider through third-party payment processors, with whom you may 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 Service Provider. Charges will be inclusive of applicable taxes where required by law and may also include administrative fees charged by DigyPet. Charges paid by you are final and non-refundable regardless of your decision to terminate usage of the Services, DigyPet’s decision to terminate your usage, any disruption of the Services or any other reason whatsoever, unless otherwise determined by DigyPet.
All charges are due immediately and DigyPet, or a third-party payment processor, will process your payment on the Pet Service Provider’s behalf using the primary payment method designated by you in your DigyPet account. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that DigyPet may, as the Pet Service 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 Service 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 Service Provider at any time prior to such Pet Service Provider’s arrival, in which case you are subject to a cancellation fee.
The fees owed to Pet Service Providers are not inclusive of tip or gratuity for the Pet Service Provider. While you are free to provide gratuity to any Pet Service Provider who provides you with services obtained through the Services, you are under no obligation to do so. DigyPet does not receive any portion of a tip or gratuity paid to a Pet Service Provider.
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 Service 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 Service 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 Service Provider if the total applicable fee or charge is not acceptable to you.
From time to time, DigyPet may, in its sole discretion, may make available certain promotions, offers, credits, rewards, subscriptions or referrals links or codes to Pet Parents (the “Promotions”). Such Promotions will be provided to Pet Parents via the Services, by email or otherwise made available electronically by DigyPet. 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. DigyPet, 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 DigyPet. These Promotions, unless made to you, shall have no bearing whatsoever on your use of the Services, or any Promotions offered to you. DigyPet 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 Parent 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 DigyPet at any time for any reason or no reason without liability to DigyPet.
You acknowledge and agree that DigyPet 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) DigyPet believes in good faith that such action is reasonably necessary to protect the personal safety or property of DigyPet, our users, any third-party payment processor or third parties, or to prevent fraud or other illegal activity.
8. Service Fees for Pet Service Providers
Services booked through DigyPet will be charged a service fee of Thirty (30%) percent. It’s refundable should the booking be canceled by either the Pet Service Provider or the purchaser of the service, in accordance with your Pet Service Provider’s cancellation policy. If the booking dates change, the fee will be updated accordingly.
9. 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:
10. User Content (Pet Parent and Pet Service Provider)
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, in perpetuity, 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.
You promise that:
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 Parents’ reviews of Pet Service Providers) or Pet Service Providers’ reviews of Pet Parents 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 Service Providers’ reviews, and we reserve the right to monitor, screen, edit or remove your User Content or Pet Service 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).
DigyPet offers an in-app chat feature to better connect Pet Parents with Pet Service 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).
11. Consent to Pet Service Provider Photo and Video Activities
As a Pet Parent, you understand and agree that certain Pet Service 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 Service Providers may post, upload, share, store, or otherwise provide any such pictures, videos, or other forms of recorded media to DigyPet 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 DigyPet 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 DigyPet’s and Pet Service Providers’ sole discretion. DigyPet 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 DigyPet through the DigyPet Services, solely for non-commercial purposes (e.g., posting a photo on your social media accounts).
12. Pet Parent Obligations
As a Pet Parent, you hereby represent, covenant, and warrant to DigyPet and each Pet Service Provider who provides you with pet care services that: (1) the pet(s) that you request pet care services for are your own; (2) your pets are free from fleas, ticks, and other pests; (3) you have divulged any material information about your pets, including pre-existing medical conditions and other behavioral issues that may be relevant to or impact a Pet Service Provider’s ability to provide the Services; (4) you will have your pets fully vaccinated and up to date on all forms of preventative medicine prior to receiving services from a Pet Service Provider; and (5) you will comply with all laws and ordinances applicable to your activities conducted through the Services, including ensuring your pet is licensed as required by local law. If you elect to use the Services, you agree to provide accurate information about yourself and your pet and keep this information up to date, including any material information or medical data of your pet.
You acknowledge and agree that if you allow another person to access your account or if you request a pet care service for a pet that is not your own, in each case in violation of these Terms, you and such other person will be jointly and severally liable for all acts and omissions in connection with engaging the Services, including all costs incurred or associated with such engagement.
You are fully responsible for the actions of your pet(s). You understand, acknowledge and agree that, as between you and DigyPet, you shall be liable for any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, the behavior of your pet(s), including without limitation, claims by third parties (including Pet Service Providers) for damage, loss or injuries resulting from bites or attacks on such third parties by your pet(s). Incidents, injury, damage or loss caused by your pet may be governed by applicable state liability laws. DigyPet will cooperate with appropriate law enforcement authorities to provide requested information regarding the situation. If you elect to use a Pet Service Provider through the Services, you shall carry applicable liability insurance sufficient for the pet care services you request, the risks associated with such services and as mandated by law. Be sure to review your applicable policy(ies) and address any questions regarding appropriate liability coverage with your insurance carrier and/or legal representatives prior to utilizing a Pet Service Provider through the Services.
Pet Service Providers have the sole and absolute discretion to reject or refuse any pet care services that you may request if they violate any law or regulation, are dangerous or unsafe or otherwise violate these Terms or the Additional Terms. If you choose to provide equipment to Pet Service Providers, Pet Service Providers have the right to refuse a pet care service that involves a retractable leash, which can be dangerous for dogs and Pet Service Providers alike and may cause a safety hazard. You acknowledge and agree that you will assume all liability in connection with providing a retractable leash. In addition, all dog walking services that you request should not be off-leash. Please note that for safety reasons, puppies that are 6 months or younger may be restricted from certain types of services offered via the DigyPet platform or be subject to limited service offerings tailored specifically to puppies.
Pet Parents who arrange for pet care services and fail to retrieve their pet within three (3) days after the service period (or an earlier period required under applicable animal abandonment or cruelty laws) agree that DigyPet (or the Pet Service Provider) may, in its (or his or her) sole discretion, place the pet in foster care and/or notify animal control authorities. Pet Parent agrees to reimburse DigyPet and/or the Pet Service Provider for all costs and expenses associated with such actions.
If your Pet Service Provider or DigyPet reaches you with a request to authorize medical care for your pet and you refuse, you waive, release and promise never to assert any claims or causes of action arising from failure to seek such care, whether or not now known, against DigyPet or its predecessors, successors or past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns or the applicable Pet Service Provider with respect to any matter, including (without limitation) any claims of negligence, emotional distress, fraud, breach of contract, or breach of the covenant of good faith and fair dealing. You expressly waive and release any and all rights and benefits under Section 1542 of the California Civil Code (or any analogous law of any other state), which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” In the unlikely case that your pet needs immediate medical attention or veterinary care, you hereby authorize your Pet Service Provider and DigyPet to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. Pet Parents are solely responsible for the costs of any such medical treatment for your pets and, if you are a Pet Parent, you hereby authorize DigyPet to charge any of your payment methods for such costs.
As a Pet Parent, you acknowledge that DigyPet is in the business of connecting Pet Parents and Pet Service Providers, and that said business is how DigyPet earns its income. As a result, Pet Parent agrees that if Pet Parent solicits a Pet Service Provider to provide off-platform pet care services to Pet Parent whom Pet Parent first met and/or learned about through the DigyPet platform, DigyPet is entitled to charge both the Pet Parent and the Pet Service Provider a referral fee. This referral fee will be charged once per specific Pet Parent/Pet Service Provider services relationship utilized outside of the process provided for within the DigyPet platform. Pet Parent’s referral fee will be $1,000. Pet Parent will first be notified in writing of Pet Parent’s obligation to pay the referral fee. Thereafter, Pet Parent hereby authorizes DigyPet to charge any of your payment methods for the referral fee.
14. Copyright and Intellectual Property Policy
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Team named below:
For clarity, only copyright infringement notices should be sent to our Copyright Team at email@example.com You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
15. Call Recording and Monitoring
You agree that all telephone conversations between you and DigyPet (or our Affiliates and representatives), or other platform users when made via the platform, may be monitored and recorded for quality assurance and training purposes.
17. Third-Party Content
18. Third-Party Applications
These Terms apply to your use of the Services, including the DigyPet applications (each an “Application”) made available by third-party providers such as Apple, Inc. and Google, Inc. (each a “Provider”) through their respective online stores, but the following additional terms also apply to each Application:
19. Third Party Beneficiaries
Pet Service Providers (when the Terms are agreed to between DigyPet and a Pet Parent) and Pet Parents (when the Terms are agreed to between DigyPet and a Pet Service Provider) are each a third-party beneficiary of these Terms, and that upon acceptance of these Terms, the Pet Service Provider or Pet Parent (respectively) will have the right (and will be deemed to have accepted the right) to enforce these Terms as the third-party beneficiary hereof, including without limitation the Arbitration Agreement & Waiver of Certain Rights.
20. Suspension and Termination
We reserve the right to not provide the Services to any person. We also reserve the right to suspend or terminate any user’s right to access the Services at any time, in our sole discretion, for any reason (or no reason at all), including, without limitation, with respect to Pet Parents, below average ratings or reviews of you by Pet Service Providers. If your conduct on the Services or with respect to the Services is inappropriate or unsafe or you violate any of these Terms or the Additional Terms, your permission to use the Services automatically terminates.
21. Disclaimer and Limitations on Our Liability
YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DIGYPET AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, DIGYPET AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES. DIGYPET AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY, INJURY TO ANY PETS OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (c) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (e) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SERVICES.
YOU FURTHER ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL INFORMATION, DATA AND/OR CONTENT. WE HAVE NO OBLIGATION TO PROVIDE SECURITY. YOU SHALL HAVE SOLE RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS AND OWNERSHIP OF ALL OF YOUR DATA AND USER CONTENT THAT MAY APPEAR ON THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, COMPENSATORY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE, WE SHALL NOT BE RESPONSIBLE FOR YOUR CONDUCT OR ANY THIRD-PARTY CONDUCT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, INJURY TO ANY PETS, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICES, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. FURTHER, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES, DAMAGE OR HARM THAT ARISE OUT OF YOUR VIOLATION OF THESE TERMS OR ADDITIONAL TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of the bargain between the parties.
You agree to indemnify and hold harmless DigyPet and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any (i) actual or alleged breach of these Terms or the Additional Terms by you or anyone using your account, including claims arising from a breach of any of the Pet Parent Obligations set forth in these Terms or Additional Terms; (ii) transactions, interactions or disputes with other users of the Services, whether online or offline; (iii) your misstatements, omissions, misrepresentations, or violation of applicable law; (iii) any of Your Content; (iv) any text messages or other communications that you initiate to other Users or to third parties through our Services; and (v) the actions of your pet(s), including any property damage or personal injury to third parties caused by your pet or pets under your care. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
23. Arbitration Agreement & Waiver of Certain Rights
For purposes of this Section 22 (“Arbitration Agreement”), references to “DigyPet” include our Affiliates.
a. Applicability. You and DigyPet agree that any dispute or claim arising out of or relating in any way to your use of the Services, these Terms, the Additional Terms or your receipt of any communications from DigyPet will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify, remain in such court and advance solely on an individual basis. “Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms, the Additional Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods or services made available through the Services, your relationship with DigyPet, the threatened or actual suspension, deactivation or termination of your account with DigyPet, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by DigyPet, any communications you receive from DigyPet, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws, claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act, and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. Notwithstanding anything to the contrary herein, if you are an employee of DigyPet, this Arbitration Agreement will not apply to any claims or disputes arising out of your employment relationship with DigyPet and any such claims and disputes may be governed by separate agreements.
b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to General Counsel, Souls for Paws, LLC dba DigyPet., 142 Voss Parkway #B, Cedar Creek, TX 78612. The arbitration will be conducted by the American Arbitration Association (“AAA”), an established alternative dispute resolution provider, and conducted under AAA’s most current version of the Commercial Arbitration Rules and procedures available at https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_1.pdf. AAA’s rules are also available by calling AAA at 800-778-7879. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay AAA’s filing, administrative, hearing and/or other fees and you cannot obtain a waiver from AAA, DigyPet will pay them for you. In addition, DigyPet will reimburse all such AAA’s filing, administrative, hearing and/or other fees for proceedings involving claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. DigyPet will not seek attorneys' fees and costs in arbitration unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Authority of Arbitrator. The arbitrator -- not a court -- shall have exclusive authority to (i) determine the scope and enforceability of these Terms (including this Arbitration Agreement), (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of these Terms (including this Arbitration Agreement), including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, and (iii) resolve any disputes or controversies regarding or arising out of the applicability of these Terms, the Pet Service Provider Platform Use Agreement, and/or any other concurrent agreement, to any particular claim or dispute, consistent with the AAA Commercial Arbitration Rule R-7. The arbitration will decide the rights and liabilities, if any, of you and DigyPet. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and DigyPet.
d. Waiver of Jury Trial. YOU AND DIGYPET HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
e. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PARTY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTY. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in Travis County, Texas for adjudication before a judge, not a jury. All other claims shall be arbitrated.
f. 30-Day Right to Opt Out. You have the right to opt out of the provisions of these Terms that mandate arbitration by e-mailing a written notice of your decision to opt out to: firstname.lastname@example.org, within 30 days after first becoming subject to a version of these Terms containing an arbitration provision. Your notice must include your name and address, your DigyPet username (if any), the email address you used to set up your DigyPet account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of this Agreement will continue to apply to you. With the sole exception of the Pet Service Provider Platform Use Agreement if you are a Pet Service Provider, opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with DigyPet. If you are a Pet Service Provider, a timely opt out of the Arbitration Agreement in these Terms will also apply to the Mutual Arbitration Provision of the Pet Service Provider Platform Use Agreement, provided that the opt out would be timely under the terms of the Pet Service Provider Platform Use Agreement as well.
g. Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with DigyPet.
h. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if DigyPet makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing DigyPet a notice of your rejection at the following address: email@example.com Your rejection of any such changes shall not affect the enforceability of any version of this Arbitration Agreement, or of any other agreement to arbitrate, that you previously entered into with DigyPet
24. Other Provisions
Under no circumstances will DigyPet be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of Texas, consistent with the Federal Arbitration Act, without giving effect to any conflict of laws rules or provisions. In the event the Arbitration Agreement above is found not to apply to you or a particular claim or dispute, you agree that any action of whatever nature arising from or relating to these Terms or Services will be filed only in the state or federal courts located in Travis County, Texas. You and DigyPet consent and submit to the personal jurisdiction of such courts for the purposes of any such action and waive any rights to a trial before a jury.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, reorganization, sale of assets or equity, or by operation of law. You may not assign any rights or obligations under these Terms without the prior written consent of DigyPet and any purported assignment in violation of this provision shall be null and void.
Last update: November 4, 2020
This Policy may change from time to time; any changes we make to this Policy will be posted on this Site, we will also take any other steps, to the extent required by applicable law, including notifying you and/or seeking your explicit consent to material changes. Changes to this Policy are effective as of the stated "Last Updated" date. Other than where we have sought such explicit consent from you, your continued use of the Site after we make changes will constitute acceptance of, and agreement to be bound by, those changes, so please check the Policy periodically for any updates or changes.
Souls for Paws, LLC (including DigyPet and its affiliates) respects your privacy and is committed to protect the personal information of its users - buyers, sellers, collaborators and other visitors browsing the Site (“Users”) as well as affiliates, influencers and other collaborators interacting with DigyPet. We believe that you have a right to know our practices regarding the information we collect when you visit and/or use the Site.
This Policy explains our privacy practices for the Site and services provided by DigyPet as well as privacy practices that apply to affiliates, influencers and other collaborators who are individuals. By accessing and/or using the Site and its related sites, applications, services, goods and/or registering for a DigyPet account and/or using it as a collaborator to share comments on a specific project and/or registering to our affiliate or influencer or similar program, you agree to the terms and conditions of this Policy, including to our collection, use, disclosure, processing and retention of personal information. You can also learn how to limit sharing of information in this Policy.
Information We Collect
When you register to the Site, use it, complete forms, or use it as collaborator, and/or register to our affiliate or influencer or similar program, we ask you to provide certain personal information, including a valid email address, Facebook or Google account login details and username. We will also ask you to provide or otherwise collect additional information that you provide us, such as, your profile details, physical address or billing information, telephone number or other contact details, financial information (such as payment method and credit card number), taxpayer information and forms, details about other social networks linked accounts, details about your listed gigs, purchases, education, profession and expertise, and additional authentication information (such as your government issued ID, passport, or driving license, as permitted by applicable laws. We also collect information about your communications with DigyPet as well as communication with other users of DigyPet.
We also collect information while you access, browse, view or otherwise use the Site. In other words, when you access the Site we are aware of your usage of the Site, and gather, collect and record the information relating to such usage, including geo-location information, IP address, device and connection information, browser information and web-log information, and all communications recorded by Users through the Site. We use that information to enhance user experience, personalize your browsing experience as well as monitor the Site for preventing fraud and inappropriate content or behavior. We also collect supplemental information obtained from third parties such as demographic and navigation data, if applicable. We combine your personal information with information we collect automatically or obtain from other companies and use it to improve and personalize our services, content and advertising and/or to prevent fraud.
Once you register, your username, country, and additional information regarding your activity is made public and is visible to all Users of the Site. This information includes photos you upload, your published portfolio, service information, ratings, and additional information you may choose to add to your profile. We also offer you the opportunity to participate and post content publicly in forums, blogs and on other similar features. Please be aware that certain information, such as your username and profile, together with the content uploaded by you, will be publicly displayed when you use such features.
How Do We Collect Information?
Information provided by you - You directly provide us with most of the information we collect. You do this by filling out the registration details on the Site, linking to your DigyPet account accounts of other social networks (please also see the External Links section below), completing application forms, skill tests and customer surveys (if any) as well as by posting and sharing additional information voluntarily. This can include information about sellers and their Gigs, education and profession, sharing of portfolio, ratings and feedbacks by buyers and anything you choose to add to your user profile.
Information we collect from other sources - We receive information from third party vendors and/or other commercially available sources, such as:
How Do We Use the Information Collected?
Where relevant under applicable laws, all processing of your personal information will be justified by a "lawful ground" for processing. In the majority of cases, processing will be justified on the basis that:
We will use your personal information for the following purposes:
We will ask for your consent before using information for a purpose other than those set out in this Policy.
How Long Do We Keep Personal Information?
We apply a general rule of keeping personal information only for as long as is required to fulfil the purpose for which it was collected. However, in some circumstances, we will retain your personal information for longer periods of time. We will retain personal information for the following purposes:
Children Under the Age of 13
Our Site is not intended for children under 13 years of age. No one under age 13 should provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. Parents and guardians should at all times supervise their children's activities. If we learn we have collected or received personal information from a child under 13, we will delete that personal information. If you believe we might have any information from or about a child under 13, please contact us at info@DigyPet.com.
Sharing Personal Information with Third Parties
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
We share your personal information with third parties as detailed below:
Please note, your profile information and additional information regarding your activity (including Gigs, reviews, posts on our forum, etc.) is made public and is visible to all Users of the Site. When you publish your information and/or share your data with other DigyPet Users, you do so at your own risk.
If you choose to share personal information with other users, including Sellers providing you a service via DigyPet, such personal information is shared with other users as separate controllers. While DigyPet strives to protect your privacy and our Terms of Service require our Users to keep the information shared with them confidential, DigyPet cannot ensure that all Users will do so, and it is your responsibility to ensure that other users will comply with your standards.
Where We Store Your Personal Information
Some of the personal information you provide to us will be stored or processed on our behalf by third party suppliers and data processors and may be located in other jurisdictions, such as the United States and Israel, whose laws may differ from the jurisdiction in which you live. Whether to third parties or internally, any transfers of personal information from the European Economic Area (“EEA”) to countries not deemed to provide an adequate level of data protection are governed by European Union (EU) standard contractual clauses and/or equivalent data transfer regulations to protect the security and confidentiality of personal information. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Policy.
A cookie is a piece of information (text file) stored on your device. When you visit our site, we set our own cookies (called first-party cookies) to store information on your device, such as your language preferences or login information. We also use 3rd-party cookies, which are cookies set by our partners (such as Facebook, Linkedin, Google, etc.). The duration of a cookie depends on its function. “Session cookies” are only active during your online session, while “persistent cookies” will stay active on your device after closing your browser.
Do Not Track
We take great care in maintaining the security of the Site and your information and in preventing unauthorized access, loss, misuse, alteration, destruction or damage to it through industry standard technologies and internal procedures. Among other things, we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification (with respect to payment by credit cards). In addition, we contractually ensure that any third party processing your personal information equally provides for confidentiality and integrity of your data in a secure way. However, the transmission of data via the internet is not completely secure, and although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.
Users who have registered to the Site agree to keep their password in strict confidence and not disclose such password to any third party.
Further information about our data security practices can be provided on request.
Specific Provisions for California Residents
This section of the Policy applies to you, if you are a California resident.
During the last twelve (12) months we have collected the following categories of personal information from Users:
We use the personal information that we collect or receive for the business purposes as described above under the Section titled “How Do We Use the Information Collected?”.
As previously mentioned in this Policy, we do not sell (as such term is defined in the CCPA) personal information and will not sell it without providing Users with a right to opt out.
You are entitled to the following specific rights under the CCPA in relation to personal information related to you:
To make such requests, we kindly ask that you please contact us at info@DigyPet.com.
We will verify your request using the information associated with your account, including email address. Government identification may also be required.
A request for access can be made by you only twice within a 12-months period. Any disclosures that we provide will only cover the 12-months period preceding receipt of your request. We do not charge a fee to process or respond to your verifiable User request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons for such decision and provide you with a cost estimate before processing further your request.
Updating Personal Information
We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately. We will make sure we investigate the matter and correct any inaccuracies as quickly as possible where necessary or give you ways to update it quickly or to delete it - unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we will ask you to verify your identity before we can act on your request. If for any reason you have a problem with deleting your personal information, please contact DigyPet's Customer Support and we will make reasonable efforts to delete any such information pursuant to any applicable privacy laws.
You can review and change your personal information by logging into the Site and visiting your account profile page.
If you have any questions (or comments) concerning this Policy, please email our team at info@DigyPet.com, and we will make an effort to reply within a reasonable timeframe.