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Sitter Terms of Service

Effective date: May 27, 2026

Last updated: May 27, 2026

Version: 1.0

Welcome to CritterTrust

These Sitter Terms of Service (“Agreement”) form a legally binding contract between you (“you” or “Sitter”) and CritterTrust, LLC, an Ohio limited liability company (“CritterTrust”, “we”, “us”, or “our”). By entering into this Agreement, creating a Sitter account, paying for a Sitter subscription, and/or otherwise using or accessing the CritterTrust Platform (i.e., our website (crittertrust.com, crittertrust.app), our mobile application, and related services) as a Sitter, you expressly and voluntarily acknowledge and under this Agreement and agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not use and/or access the CritterTrust Platform.

CritterTrust operates a marketplace platform that helps independent pet sitters find, communicate with, and serve pet owners. We are a software platform — not a pet sitting service. You are not our employee. We neither direct nor control your pet sitting service. You are the pet care professional. Your clients are your clients. Your business is your business. We provide the tools.

This Agreement includes a binding arbitration clause and a class action waiver in Section 18. By agreeing to this Agreement, you waive your right to a jury trial and your right to participate in class actions against CritterTrust, except as specifically provided. Please read Section 18 carefully.

1. Eligibility

To use the CritterTrust Platform as a Sitter, you acknowledge, certify and agree:

To comply with all applicable laws and regulations governing your pet setting services, including but not limited to, obtaining and maintaining any applicable licenses, permits and/or registration

CritterTrust may, at our sole discretion, reject any Sitter application or suspend any Sitter account where we reasonably believe these eligibility requirements are not met.

2. Your Relationship with CritterTrust

You and CritterTrust are independent of one another. You are not an employee, agent, partner, joint venturer, or franchisee of CritterTrust. You are an independent business owner using CritterTrust as a tool to operate your own pet sitting business. CritterTrust does not own or operate a pet sitting business. CritterTrust does not employ pet sitters.

This means:

You agree to represent yourself as an independent business owner — not as a CritterTrust employee or representative — to clients, regulators, and any third party. You and CritterTrust expressly agree that (A) this is not an employment agreement and does not create an employment relationship between you and CritterTrust, and (B) no joint venture, franchisor-franchisee, partnership, agency relationship is intended or created by this Agreement. You have no authority to bind CritterTrust, and you will not hold yourself out as an employee, agent or authorized representative of CritterTrust.

3. Your Account and Profile

When you create a Sitter account, you acknowledge, certify and agree that:

Your public Sitter profile may include your name or business name, photo, location, services offered, pricing, bio, reviews, and verification badges. You grant CritterTrust a non-exclusive, royalty-free, worldwide license to display this content on the CritterTrust Platform and in CritterTrust marketing materials. You retain ownership of your content. See Section 10 for full content licensing terms.

You may have only one active Sitter account. Operating multiple Sitter accounts to circumvent platform policies, suspensions, or limits is a violation of these Terms.

4. Sitter Subscriptions

CritterTrust offers tiered subscription plans for Sitters. Current plans, prices, and features are described on the Platform and may change. As of the date of this Agreement, the available plans are:

By subscribing to a paid plan, you agree to the following:

Subscription term and renewal. Paid subscriptions renew automatically at the end of each billing cycle (typically monthly) at the then-current rate, charged to the payment method on file, unless you cancel before the renewal date. By subscribing, you authorize CritterTrust and our payment processor (Stripe) to charge your payment method for recurring subscription fees until you cancel.

Cancellation. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to paid features through the end of that period. No refunds will be issued for the unused portion of any billing period, except where required by applicable law.

Price changes. CritterTrust may change subscription prices. We will provide at least thirty (30) days’ notice of any price increase by email, and the new price will take effect on your next billing cycle after the notice period. Continuing to use the paid subscription after the new price takes effect constitutes acceptance of the new price.

Trials. CritterTrust may offer free or discounted trial periods. Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription at the end of the trial and you will be charged the standard rate.

Failed payments. If a subscription payment fails, CritterTrust may suspend your access to paid features. CritterTrust and Stripe will attempt automatic retries for a period determined by Stripe’s standard dunning process. If payment cannot be collected, your subscription will be cancelled and your account will be downgraded to the Starter plan.

California, Oregon, and other state auto-renewal disclosures. This subscription auto-renews at the standard rate at the end of each billing period until cancelled. You may cancel at any time through your account settings without penalty.

5. Sitter Conduct and Quality Standards

CritterTrust is a platform built on trust. As a Sitter, you agree to maintain professional standards of conduct in all interactions with Owners, pets, and CritterTrust.

You will:

You will not:

CritterTrust reserves the right, at our sole discretion, to investigate any reported violation of these conduct standards and to suspend or terminate Sitter accounts that we reasonably believe have violated this Agreement.

6. Background Checks

To protect Owners and their pets, CritterTrust requires Sitters to complete a background check before their public profile becomes visible to Owners on the Platform.

Background check provider. CritterTrust uses a third-party background check provider (currently a consumer reporting agency under the Fair Credit Reporting Act) to perform background checks. CritterTrust does not perform background checks directly and does not have access to the underlying records.

What we receive. CritterTrust receives only the pass/fail or “consider” status of your background check. We do not receive or store the underlying criminal history report or any specific findings.

Who pays. The background check fee is paid by the Sitter directly to the background check provider, not to CritterTrust. CritterTrust may, in our discretion, subsidize this fee for Founding Sitters or other promotional groups.

Annual re-checks. Your background check is valid for one (1) year from the date the check is completed. You will receive email reminders 30 days and 7 days before expiration. After expiration, your public profile will revert to a “Coming soon” state and Owners will not be able to book you until you complete a new background check.

FCRA rights. If your background check returns adverse results, you have the right under the federal Fair Credit Reporting Act to receive a copy of the report from the consumer reporting agency, dispute any inaccurate information, and require the agency to investigate disputed items. CritterTrust will provide you with the contact information for the consumer reporting agency upon request.

No guarantee. A passed background check is a baseline screening, not an endorsement. CritterTrust does not guarantee that any Sitter is suitable for any particular Owner, pet, or situation. Owners are encouraged to interview Sitters and make their own informed decisions.

7. Bookings and Payments

CritterTrust does not provide pet sitting services. We provide a Platform that facilitates direct contracts between Sitters and Owners.

Direct contracting. When an Owner books you for a visit, the resulting agreement is between you and the Owner — not between you and CritterTrust. You are responsible for performing the service. The Owner is responsible for paying you. CritterTrust is not a party to the booking.

Payments through Stripe Connect. When Owners pay through the Platform, payments are processed by Stripe, Inc. through Stripe Connect. Stripe is the payment processor and the funds flow directly from the Owner to your Stripe Connect account, which is your account with Stripe. CritterTrust does not custody, hold, or control these funds at any time. Your relationship with Stripe is governed by Stripe’s separate Connected Account Agreement (https://stripe.com/connect-account/legal), which you must accept to receive payments through the platform.

Off-platform payments. You may accept payments outside the Platform (cash, Venmo, Zelle, etc.). When you do, CritterTrust does not facilitate, process, or guarantee those payments. You may log off-Platform payments in your earnings record for your own bookkeeping purposes; doing so does not create any obligation on CritterTrust’s part with respect to those payments.

Disputes between Sitters and Owners. If a dispute arises between you and an Owner — for example, over service quality, payment, damage, or scheduling — CritterTrust may, in our sole discretion, attempt to facilitate communication, but we are not responsible for resolving the dispute and are not a party to it. Disputes are between you and the Owner. Where Stripe is involved (e.g., chargebacks), Stripe’s dispute process governs.

Refunds. CritterTrust does not issue refunds for visits performed by Sitters. Refunds, if any, are between you and the Owner directly. If an Owner initiates a chargeback through their card issuer, Stripe’s chargeback process applies and the funds at issue may be debited from your Stripe Connect account.

Taxes. You are solely responsible for reporting and paying all taxes on income earned through CritterTrust. CritterTrust will not withhold taxes from your earnings. Stripe will issue Form 1099-K to you when required by law, based on your payment volume thresholds in effect at the time.

8. Reviews

Owners may leave reviews of you after completed bookings.

CritterTrust does not guarantee any particular review outcome and is not liable for the impact of reviews on your business.

9. Off-Platform Activity

We understand that Sitters and Owners build genuine relationships and that long-term clients may operate partly or fully outside any Platform. CritterTrust does not prohibit you from communicating with clients outside the Platform, accepting payments outside the Platform, or maintaining a client relationship that predates your CritterTrust account.

However, you agree that you will not:

Casual off-platform communication and payment with established clients is permitted and expected. The line is intentional, repeated solicitation specifically aimed at evading platform fees.

10. Intellectual Property

Your content. You retain ownership of content you upload to CritterTrust (profile photos, bio, services, photos in report cards, messages, etc.). You grant CritterTrust a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, display, reproduce, and distribute your content for the purposes of operating, promoting, and improving the CritterTrust Platform. This license ends when you delete the content or your account, except for content already shared with Owners (which they retain for their records) and aggregate, non-identifying analytics derived from the content.

Owner-shared photos. When you take photos of pets during a visit and share them with Owners through the Platform’s report card feature, the photos are the Owner’s property. You may not use those photos for marketing or any purpose other than the service to that specific Owner without the Owner’s express written permission.

CritterTrust IP. The CritterTrust Platform, including but not limited to, its graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of CritterTrust in the United States. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or pet sitting service in any manner that is likely to cause confusion.

You should assume all Content and material made available on the CritterTrust Platform is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the CritterTrust Platform, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of CritterTrust and/or its licensors and are protected by all United States copyright laws.

Feedback. If you provide CritterTrust with feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use the feedback without obligation to you.

11. Suspension and Termination

Your right to terminate. You may terminate your Sitter account at any time through your account settings, by contacting support@crittertrust.com, or by ceasing to use the Platform. Termination does not entitle you to a refund of any subscription fees and does not relieve you of obligations incurred before termination.

CritterTrust’s right to suspend or terminate. CritterTrust may suspend or terminate your account, with or without notice, if we reasonably believe that:

Effect of termination. Upon termination:

Appeals. If your account is suspended or terminated, you may appeal by emailing support@crittertrust.com within 30 days. CritterTrust will review the appeal and respond within a reasonable time. Reinstatement is at our sole discretion.

12. CritterTrust’s Role and Disclaimers

CritterTrust is a platform, not a pet care provider.

CritterTrust does not employ, supervise, train, certify, or guarantee the performance of any Sitter. We provide background checks, identity verification, and a venue for Sitters and Owners to find each other. We do not:

Owners contract directly with Sitters. When an Owner books a Sitter, the resulting agreement is between the Owner and the Sitter. CritterTrust is not a party to this agreement. Sitters are independent contractors solely responsible for their own actions and the services they provide.

Sitter independence. Each Sitter sets their own prices, schedule, services, and policies. Sitters are not employees, agents, or representatives of CritterTrust.

No guarantees about Owners. While CritterTrust may collect basic information about Owners (such as email and phone number), we do not background-check Owners and cannot guarantee any Owner’s identity, pet ownership, home environment, or character. Use your own judgment when accepting bookings.

Platform availability. CritterTrust will use commercially reasonable efforts to keep the Platform operational but does not guarantee uninterrupted, error-free, or perpetually available service. Scheduled maintenance, outages, third-party failures, and force majeure events may interrupt service.

CRITTERTRUST DOES NOT PROVIDE PET SITTING SERVICES, AND CRITTERTRUST DOES NOT EMPLOY SITTERS. IT IS UP TO THE SITTER TO DECIDE WHETHER OR NOT TO OFFER PET SITTING SERVICES TO AN OWNER CONTACTED THROUGH THE CRITTERTRUST PLATFORM, AND IT IS UP TO THE OWNER TO DECIDE WHETHER OR NOT TO ACCEPT PET SITTING SERVICES FROM ANY SITTER CONTACTED THROUGH THE CRITTERTRUST PLATFORM. WE CANNOT ENSURE THAT A SITTER OR OWNER WILL COMPLETE AN ARRANGED PET SITTING SERVICE. WE HAVE NO CONTROL OVER THE QUALITY OR SAFETY OF THE PET SITTING SERVICE THAT OCCURS BETWEEN A SITTER AND AN OWNER. ANY SAFETY-RELATED FEATURE, PROCESS, POLICY, STANDARD, OR OTHER EFFORT UNDERTAKEN BY CRITTERTRUST IS NOT AN INDICATION OF ANY EMPLOYMENT OR AGENCY RELATIONSHIP WITH ANY SITTER OR OWNER.

THE CRITTERTRUST PLATFORM IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE CRITTERTRUST PLATFORM, INCLUDING THE ABILITY TO PROVIDE OR RECEIVE PET SITTING SERVICES AT ANY GIVEN LOCATION OR TIME. CRITTERTRUST RESERVES THE RIGHT, FOR EXAMPLE, TO LIMIT OR ELIMINATE ACCESS TO THE CRITTERTRUST PLATFORM IN SPECIFIC GEOGRAPHIC AREAS AND/OR AT SPECIFIC TIMES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

WE DO NOT WARRANT THAT YOUR USE OF THE CRITTERTRUST PLATFORM WILL BE ACCURATE, COMPLETE, RELIABLE, SAFE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE CRITTERTRUST PLATFORM WILL BE CORRECTED, OR THAT THE CRITTERTRUST PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY, AVAILABILITY, ACCURACY, COMPLETENESS, AND RELIABILITY OF THE CRITTERTRUST PLATFORM. YOU ARE RESPONSIBLE AT ALL TIMES FOR YOUR CONDUCT AND THE CONSEQUENCES OF YOUR CONDUCT WHILE USING THE CRITTERTRUST PLATFORM.

WE CANNOT GUARANTEE THAT EACH SITTER OR OWNER IS WHO HE OR SHE CLAIMS TO BE. PLEASE USE COMMON SENSE WHEN USING THE CRITTERTRUST PLATFORM, INCLUDING LOOKING AT THE PHOTOS OF THE SITTER OR OWNER, INCLUDING PETS, YOU HAVE MATCHED WITH TO MAKE SURE IT IS THE SAME INDIVIDUAL YOU SEE IN PERSON. PLEASE NOTE THAT THERE ARE ALSO RISKS OF DEALING WITH UNDERAGE PERSONS OR PEOPLE ACTING UNDER FALSE PRETENSE, AND WE DO NOT ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, COMMUNICATION OR OTHER USE OR ACCESS OF THE CRITTERTRUST PLATFORM BY UNAPPROVED PERSONS UNDER THE AGE OF 18 IN VIOLATION OF THIS AGREEMENT. WE ENCOURAGE YOU TO COMMUNICATE DIRECTLY WITH EACH POTENTIAL SITTER OR OWNER PRIOR TO ENGAGING IN AN ARRANGED PET SITTING SERVICE.

CRITTERTRUST IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE CRITTERTRUST PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DO NOT PROCURE INSURANCE FOR, NOR ARE WE RESPONSIBLE FOR, PERSONAL BELONGINGS AND PERSONAL SAFETY OF SITTERS OR OWNERS. BY USING THE CRITTERTRUST PLATFORM, YOU AGREE TO ACCEPT SUCH RISKS AND AGREE THAT CRITTERTRUST IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF USERS ON THE CRITTERTRUST PLATFORM OR PARTICIPATING IN THE PET SITTING SERVICES.

YOU ARE RESPONSIBLE FOR THE USE OF YOUR USER ACCOUNT AND CRITTERTRUST EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM THE UNAUTHORIZED USE OF YOUR USER ACCOUNT.

IT IS POSSIBLE FOR OTHERS TO OBTAIN INFORMATION ABOUT YOU THAT YOU PROVIDE, PUBLISH OR POST TO OR THROUGH THE CRITTERTRUST PLATFORM (INCLUDING ANY PROFILE INFORMATION YOU PROVIDE), SEND TO OTHER USERS, OR SHARE DURING THE PET SITTING SERVICES, 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 CRITTERTRUST PLATFORM OR THROUGH THE PET SITTING SERVICES. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE CRITTERTRUST PLATFORM 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”).

OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER INFORMATION OR CONTENT CONCERNING CRITTERTRUST OR MADE AVAILABLE THROUGH THE CRITTERTRUST PLATFORM, BUT NOT DIRECTLY BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED BY THIRD PARTIES, WHETHER ON THE CRITTERTRUST PLATFORM OR OTHERWISE. WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED ON THE CRITTERTRUST PLATFORM AND REMOVE ANY SUCH MATERIAL THAT IN OUR SOLE OPINION VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT OR WHICH MIGHT BE OFFENSIVE, ILLEGAL, OR THAT MIGHT VIOLATE THE RIGHTS OF, HARM, OR THREATEN THE SAFETY OF USERS OR OTHERS.

LOCATION DATA PROVIDED BY THE CRITTERTRUST PLATFORM IS FOR BASIC LOCATION PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE OR INCOMPLETE LOCATION DATA MAY LEAD TO DEATH, PERSONAL INJURY, OR PROPERTY OR ENVIRONMENTAL DAMAGE. NEITHER CRITTERTRUST, NOR ANY OF ITS CONTENT PROVIDERS, GUARANTEES THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF LOCATION DATA TRACKED OR DISPLAYED BY THE CRITTERTRUST PLATFORM. ANY OF YOUR PERSONAL INFORMATION, INCLUDING GEOLOCATIONAL DATA, YOU UPLOAD, PROVIDE, OR POST ON THE CRITTERTRUST PLATFORM MAY BE ACCESSIBLE TO CRITTERTRUST AND CERTAIN USERS OF THE CRITTERTRUST PLATFORM.

CRITTERTRUST ADVISES YOU TO USE THE CRITTERTRUST PLATFORM WITH A DATA PLAN WITH UNLIMITED OR VERY HIGH DATA USAGE LIMITS, AND CRITTERTRUST SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN YOU USE TO ACCESS THE CRITTERTRUST PLATFORM.

THIS PARAGRAPH APPLIES TO ANY VERSION OF THE CRITTERTRUST PLATFORM THAT YOU ACQUIRE FROM THE APPLE APP STORE. THIS AGREEMENT IS ENTERED INTO BETWEEN YOU AND CRITTERTRUST. APPLE, INC. (“APPLE”) IS NOT A PARTY TO THIS AGREEMENT AND SHALL HAVE NO OBLIGATIONS WITH RESPECT TO THE CRITTERTRUST PLATFORM. CRITTERTRUST, NOT APPLE, IS SOLELY RESPONSIBLE FOR THE CRITTERTRUST PLATFORM AND THE CONTENT THEREOF AS SET FORTH HEREUNDER. HOWEVER, APPLE AND APPLE’S SUBSIDIARIES ARE THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT. UPON YOUR ACCEPTANCE OF THIS AGREEMENT, APPLE SHALL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THIS AGREEMENT AGAINST YOU AS A THIRD-PARTY BENEFICIARY THEREOF. THIS AGREEMENT INCORPORATES BY REFERENCE APPLE’S LICENSED APPLICATION END USER LICENSE AGREEMENT, FOR PURPOSES OF WHICH, YOU ARE “THE END-USER.” IN THE EVENT OF A CONFLICT IN THE TERMS OF THE LICENSED APPLICATION END USER LICENSE AGREEMENT AND THIS AGREEMENT, THE TERMS OF THIS AGREEMENT SHALL CONTROL.

SITTERS AND OWNERS MAY ALSO USE GOOGLE MAPS WHILE USING THE CRITTERTRUST PLATFORM. IN EITHER CASE, YOU AGREE THAT GOOGLE MAY COLLECT YOUR LOCATION DATA WHEN THE CRITTERTRUST PLATFORM IS RUNNING IN ORDER TO PROVIDE AND IMPROVE GOOGLE’S SERVICES, THAT SUCH DATA MAY ALSO BE SHARED WITH CRITTERTRUST IN ORDER TO IMPROVE ITS OPERATIONS, AND THAT GOOGLE’S TERMS AND PRIVACY POLICY WILL APPLY TO THIS USAGE.

CRITTERTRUST SHALL NOT BE IN BREACH OF THIS AGREEMENT NOR LIABLE FOR FAILURE OR DELAY IN PERFORMING OBLIGATIONS UNDER THIS AGREEMENT IF SUCH FAILURE OR DELAY RESULTS FROM EVENTS, CIRCUMSTANCES OR CAUSES BEYOND ITS REASONABLE CONTROL INCLUDING (WITHOUT LIMITATION) NATURAL DISASTERS OR ACTS OF GOD; LABOR DISPUTES OR STOPPAGES; WAR; GOVERNMENT ACTION; EPIDEMIC OR PANDEMIC; CHEMICAL OR BIOLOGICAL CONTAMINATION; STRIKES; RIOTS; ACTS OF DOMESTIC OR INTERNATIONAL TERRORISM; QUARANTINES; NATIONAL OR REGIONAL EMERGENCIES; OR ANY OTHER CAUSE, WHETHER SIMILAR IN KIND TO THE FOREGOING OR OTHERWISE, BEYOND THE PARTY’S REASONABLE CONTROL. ALL SERVICE DATES UNDER THIS AGREEMENT AFFECTED BY FORCE MAJEURE SHALL BE TOLLED FOR THE DURATION OF SUCH FORCE MAJEURE. THE PARTIES HEREBY AGREE, WHEN FEASIBLE, NOT TO CANCEL BUT RESCHEDULE THE PERTINENT OBLIGATIONS AS SOON AS PRACTICABLE AFTER THE FORCE MAJEURE CONDITION CEASES TO EXIST.

13. Indemnification

You acknowledge and agree to indemnify and hold harmless and, at CritterTrust’s election, defend CritterTrust including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective members, managers, officers, employees, agents, and/or shareholders (collectively, the “Indemnified Parties”) from and against any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the CritterTrust Platform and participation in pet sitting services, including: (A) your breach of this Agreement or the documents it incorporates by reference; (B) your violation of any law or the rights of a third party, including, Owners, as a result of your own interaction with such third party; (C) any allegation that any materials or Personal Information that you submit to us or transmit through the CritterTrust Platform or to us infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (D) your role in the provision of pet sitting services as an Owner; and/or (E) any other activities in connection with the CritterTrust Platform or pet sitting services. This indemnity shall be applicable without regard to the negligence of any party, including any Indemnified Party. You will not, without CritterTrust’s prior written consent, agree to any settlement on behalf of any Indemnified Party which includes either the obligation to pay any monetary amounts, or any admissions of liability, whether civil or criminal, on the part of any Indemnified Party.

14. Limitation of Liability

To the fullest extent permitted by law:

IN NO EVENT WILL CRITTERTRUST, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “CRITTERTRUST” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE CRITTERTRUST PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE CRITTERTRUST PLATFORM, PET SETTING SERVICES, OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CRITTERTRUST PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE PET SETTING SERVICES WITH SITTERS, BUT YOU AGREE THAT CRITTERTRUST HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PET SETTING SERVICES SET FORTH IN THIS AGREEMENT. FOR CLARITY AND WITHOUT LIMITING THE FOREGOING, CRITTERTRUST HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON PET SETTING SERVICES SET FORTH IN THIS AGREEMENT OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU, SITTERS AND ANY THIRD-PARTY PROVIDER. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

CritterTrust’s total cumulative liability to you for any claim arising out of or related to this Agreement or the Platform shall not exceed the greater of (a) the total subscription fees you have paid CritterTrust in the twelve (12) months immediately preceding the claim, or (b) one hundred U.S. dollars ($100).

This limitation applies regardless of the legal theory (contract, tort, strict liability, or otherwise) and whether or not CritterTrust has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, in which case the foregoing limitations apply to the maximum extent permitted by law.

15. Insurance

You are responsible for any insurance you choose to carry. CritterTrust does not provide insurance coverage to Sitters, does not require any specific insurance, and does not endorse any particular insurance provider. We strongly recommend that you obtain pet sitting business insurance, including general liability and care/custody/control coverage. The decision is yours.

CritterTrust’s own insurance policies do not cover Sitters, Sitters’ actions, or services provided by Sitters.

16. Privacy

CritterTrust’s collection and use of personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Platform, you agree to the data practices described in the Privacy Policy.

You agree to comply with all applicable privacy laws when handling Owner information, pet information, or any other personal data you receive through the Platform. You will not use Owner information for any purpose other than providing services as a Sitter and managing your CritterTrust account.

17. Changes to this Agreement

CritterTrust may update this Agreement from time to time. When we do, we will:

If you do not agree to updated Agreement, you may terminate your account before the new Terms take effect. Continuing to use the platform after the new Agreement takes effect constitutes your acceptance of the new Agreement.

18. Dispute Resolution — Binding Arbitration and Class Action Waiver

Please read this section carefully. It limits your legal rights.

18.1 Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and CritterTrust, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and CritterTrust may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to CritterTrust. CritterTrust ’s address for such notices is: 1633 Graceland Drive, Fairborn, Ohio 45324.

18.2 Arbitration. If a Dispute is not resolved through Informal Negotiations, you and CritterTrust agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act. The arbitration will be commenced and conducted before a single arbitrator under the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules. CritterTrust will pay any portion of those fees that exceeds what you would have paid to file in court, where required by law. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section 18.4 below.

18.3 Excluded Disputes. You and CritterTrust agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

18.4 WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and CritterTrust agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.

18.5 Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate discovery and present witnesses and evidence as needed to present their cases and defenses in accordance with the AAA Rules, and any dispute in this regard shall be decided by the arbitrator. The arbitration will be conducted by telephone, video, or written submissions where possible. If an in-person hearing is required, it will be held in Greene County, Ohio, or another location mutually agreed by the parties. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.

18.6 Severability. You and CritterTrust agree that if any portion of this Section entitled “Dispute Resolution — Binding Arbitration and Class Action Waiver” is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.

18.7 Right to opt out. You may opt out of this Arbitration Agreement by sending written notice to legal@crittertrust.com within 30 days of first agreeing to this Agreement. The notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of This Agreement.

18.8 Survival. This Section 18 survives termination of these Terms and your account.

19. General Provisions

Governing law. This Agreement are governed by the laws of the State of Ohio, without regard to conflict-of-laws principles. The Federal Arbitration Act governs the arbitration provisions in Section 18.

Venue. Subject to Section 18, any dispute that proceeds in court (e.g., the small claims or injunctive-relief exceptions) shall be brought exclusively in the state or federal courts located in Greene County, Ohio, and you consent to the personal jurisdiction of those courts.

Severability. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force.

No waiver. A failure or delay by CritterTrust in enforcing any provision is not a waiver.

Assignment. You may not assign this Agreement without CritterTrust’s written consent. CritterTrust may assign this Agreement in connection with a merger, acquisition, sale, or other corporate transaction.

Entire agreement. This Agreement, together with the Privacy Policy and any other policies referenced, constitute the entire agreement between you and CritterTrust and supersede all prior agreements.

Force majeure. Neither party will be liable for any failure to perform due to events beyond reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government actions, and infrastructure outages.

Notices. CritterTrust may provide notices to you by email at the address associated with your account, by posting on the Platform, or by any other reasonable means. You may provide notices to CritterTrust at legal@crittertrust.com.

Contact.

CritterTrust, LLC

1633 Graceland Drive

Fairborn, Ohio 45324

legal@crittertrust.com

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