1. Acceptance of Terms and Conditions

1.1 Agreement

These Terms and Conditions (“Terms”) represent a legally binding contract between you, the user (“User”), and Olivcare (“we,” “us,” “our”), a platform facilitating connections between dog owners and independent pet care providers. By accessing or using Olivcare’s platform—including our website, mobile applications, or any related services—you affirm that you have read, understood, and agree to abide by these Terms.

1.2 Binding Effect

These Terms apply to all Users, including Pet Owners and Service Providers, and govern all interactions, bookings, and transactions made through Olivcare. Any use of Olivcare’s services implies consent to these Terms, even if the user is acting on behalf of another person or entity.

1.3 Changes to Terms

Olivcare reserves the right to update or modify these Terms at any time. We will post any material changes to the Terms on the Olivcare platform. Continued use of the platform after such modifications constitutes acceptance of the revised Terms.

1.4 Disagreement with Terms

If you disagree with any part of these Terms, you are not authorized to use Olivcare. Any breach of these Terms may result in immediate suspension or termination of your account and access to Olivcare’s services.

2. Olivcare’s Role and Disclaimer of Liability

2.1 Limited Role of Olivcare

Olivcare operates solely as a neutral platform to connect pet owners (“Pet Owners”) with independent pet care providers (“Service Providers”). Olivcare does not directly provide pet care services, nor do we employ or manage Service Providers. We are not responsible for the actions or inactions of Service Providers.

2.2 Independent Contractor Status

Service Providers on Olivcare’s platform act as independent contractors, not as employees, agents, or representatives of Olivcare. Each Service Provider is responsible for their conduct, qualifications, and compliance with applicable laws. Olivcare does not supervise, monitor, or control the quality or outcome of services provided.

2.3 No Endorsement or Guarantee

Olivcare does not endorse or guarantee the suitability, reliability, or quality of any Service Provider. We encourage Pet Owners to thoroughly review Service Provider profiles, ratings, and reviews before booking services.

2.4 Background Checks

Olivcare does not conduct background checks or verify the information provided by Service Providers. Pet Owners are solely responsible for conducting their own due diligence and making informed decisions about hiring Service Providers.

3. Olivcare Services and User Obligations

3.1 Platform Services

Olivcare provides a digital platform enabling Pet Owners to book services such as dog walking, pet sitting, and related pet care services with Service Providers. The platform includes features such as user profiles, messaging, scheduling tools, and secure payment processing through Stripe Payment Gateway.

3.2 User Profiles and Reviews

Pet Owners and Service Providers must create accurate, complete profiles. Pet Owners may submit reviews and ratings based on their experiences with Service Providers, which must be truthful and comply with Olivcare’s content guidelines.

3.3. Communication Responsibility

Pet Owners must clearly communicate any safety concerns or restrictions related to their pet, particularly for younger Service Providers who may have limited experience.

Parents or guardians of minor Service Providers are responsible for ensuring that the minor fully understands and abides by all instructions provided by the Pet Owner. Users are responsible for communicating any special needs, safety concerns, or requirements directly with the other party prior to booking. Olivcare disclaims liability for any issues arising from miscommunication or lack of disclosure.

4. Payment Terms and Conditions

4.1 Payment Processing

Olivcare facilitates payment processing through a third-party provider, Stripe Payment Gateway. All payments made on Olivcare are conducted in U.S. dollars. By using Olivcare, you agree to comply with Stripe’s terms of service and policies.

4.2 Pet Owner Fees

Pet Owners agree to pay for pet care services booked on Olivcare, including any applicable service fees. Payments are processed upon booking confirmation. Olivcare is not liable for any service quality issues arising after payment.

4.3 Service Provider Earnings and Fees

Service Providers receive compensation from Pet Owners for completed services. All transactions between Pet Owners and Service Providers are facilitated by a third-party payment provider. Olivcare’s role is limited to displaying the agreed-upon service price on the platform. Any further communication regarding payments, including mode of payment and related discussions, will take place directly between the Pet Owner and the Service Provider. Olivcare is not responsible for any disputes, delays, or issues arising from these transactions and is absolved of any further involvement once the booking is confirmed.

4.4 Late Fees and Additional Charges

• Late Pick-Up: If a Pet Owner is late in picking up their pet, they may be charged additional fees at a daily or hourly rate as agreed with the Service Provider.
• Unpaid Balances: Pet Owners with outstanding balances may be restricted from using Olivcare until payments are settled.

5. Cancellations and Refunds

5.1 Cancellations by Service Providers

If a Service Provider cancels a booking, any refund or alternative arrangement is solely between the Service Provider and the Pet Owner. Olivcare is not responsible for refunds, replacements, or any further communication regarding the cancellation. Service Providers are encouraged to provide timely notice of cancellations and may appoint substitutes at their discretion.

5.2 Cancellations by Pet Owners

Pet Owners may cancel a booking up to 24 hours before the scheduled service start time for a full refund. Late cancellations (within 24 hours of the scheduled service) may incur a cancellation fee as determined by the Service Provider.

5.3 General Terms

All cancellations, including refunds and any applicable fees, are solely between the Pet Owner and the Service Provider. Olivcare serves only as a platform for facilitating bookings and holds no responsibility for cancellations, disputes, or related matters once a booking is confirmed. Any further communication regarding cancellations must be handled directly between the parties involved.

6. Off-Leash Consent and Liability

6.1 Strict Liability Under California Law

California operates under a “strict liability” standard for pet-related injuries, including dog bites, which holds pet owners responsible for their dogs' actions. By using Olivcare, Pet Owners acknowledge that they are solely liable for any injuries, damages, or losses caused by their dog, regardless of prior knowledge of the dog’s behavior or tendencies. This strict liability applies to all injuries caused by the dog, including bites or other acts, even if the dog has no history of aggression.

6.2 Off-Leash Consent and Liability

Dog Owners and Pet Care Providers acknowledge and agree to abide by all applicable local and state leash laws, including those mandated under California law. Any off-leash activities must be explicitly authorized by the Dog Owner during the booking process. By consenting to off-leash activities, the Dog Owner assumes all associated risks and agrees to hold Olivcare harmless from any liability.

6.3 Olivcare’s Disclaimer of Liability

Olivcare is not responsible for any injuries, damages, losses, or incidents caused by a Pet Owner’s dog, whether to persons, other animals, or property. Pet Owners assume full responsibility and agree to fully indemnify, defend, and hold harmless Olivcare, its affiliates, officers, employees, and agents from any claims, liabilities, damages, costs, or expenses (including legal fees) arising from or related to their dog’s behavior during or after services provided by a Service Provider. Olivcare disclaims all liability for any injuries, property damage, legal claims, or costs resulting from a pet’s actions, including but not limited to off-leash activities.

7. Liability Limitation and Disclaimers

7.1 No Warranties on Service Quality

Olivcare makes no warranties, representations, or guarantees regarding the suitability, reliability, or safety of any Service Provider’s services. All services are provided “as is,” and Pet Owners assume full responsibility for selecting a Service Provider.

7.2 Release from Liability for Pet Behavior

Pet Owners agree that pet behavior may be unpredictable. Olivcare is not liable for any damages, injuries, or losses arising from pet behavior, including harm to persons, pets, or property.

7.3 No Liability for Cancellations or Service Interruptions

Olivcare is not responsible for last-minute cancellations, delays, or any interruptions in services. All disputes related to cancellations or missed appointments must be resolved between Pet Owners and Service Providers directly.

7.4 General Limitation of Liability

To the fullest extent permitted by law, Olivcare’s total liability for any claim, dispute, or damage arising from the use of our platform shall not exceed the total fees paid by the User in the twelve (12) months preceding the event giving rise to liability.

8. User Responsibilities

8.1 Providing Accurate Information

Users must provide accurate, truthful information in their profiles and throughout the booking process. Olivcare reserves the right to suspend or terminate accounts for fraudulent or misleading information.

8.2 Compliance with Laws and Regulations

Pet Owners and Service Providers are responsible for ensuring that their activities comply with all applicable local, state, and federal laws, including pet licensing, vaccination, and insurance requirements. Olivcare disclaims liability for any user non-compliance.

8.3 Emergency Contact Information

Once a service is booked, all communication, coordination, and responsibilities lie solely between the Pet Owner and the Service Provider. Olivcare is not involved in any interactions, decisions, or actions taken after a booking is confirmed.

Pet Owners must provide up-to-date emergency contact information and have an emergency plan for their pets. Service Providers are not obligated to administer emergency care but may make reasonable efforts in the event of an emergency at their discretion. Olivcare assumes no responsibility for any emergency-related decisions or actions taken by either party and shall not be held liable for any outcomes, damages, or losses arising from such situations. Pet Owners agree to indemnify, defend, and hold harmless Olivcare from any claims, liabilities, or expenses related to emergency situations involving their pets.

9. Dispute Resolution

9.1 Direct Resolution of Disputes

In case of a dispute between Pet Owners and Service Providers, both parties agree to attempt to resolve the issue amicably. Olivcare does not mediate disputes and disclaims all liability related to conflicts between users.

9.2 Indemnification of Olivcare

Users agree to indemnify, defend, and hold Olivcare harmless from all claims, damages, liabilities, and expenses, including attorneys’ fees, arising from any breach of these Terms, interactions with other users, or legal violations related to platform use. This includes any incidents of injury or property damage.

10. Intellectual Property

10.1 Olivcare Platform Ownership

Olivcare retains exclusive ownership of all platform content, software, and branding. Users may not claim ownership of any Olivcare intellectual property or use it outside the scope permitted by these Terms.

10.2 Limited License for Branding Use

Service Providers may use Olivcare branding in limited ways with written permission. Unauthorized use of Olivcare’s trademarks or content may result in suspension and legal action.

11. Arbitration and Class Action Waiver

11.1 Agreement to Arbitrate

All disputes, claims, or controversies arising out of or relating to these Terms or Olivcare’s services shall be resolved through binding arbitration in accordance with the American Arbitration Association (AAA) rules. Excluded claims include small claims, intellectual property disputes, and actions for injunctive relief.

11.2 Class Action Waiver

Users waive the right to participate in class actions or consolidated claims against Olivcare. All claims must be filed on an individual basis.

11.3 Confidentiality of Arbitration

All aspects of the arbitration proceedings, including the arbitrator’s award, will remain confidential, except as required by law.

12. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

12.1 Agreement to Arbitrate

You and Olivcare agree that any disputes, claims, or controversies arising from or related to the Olivcare platform, interactions with other users, or these Terms (including any alleged breach of these Terms) will be resolved exclusively through binding arbitration on an individual basis, rather than in court. This Arbitration Agreement covers any and all claims except for “Excluded Claims,” as defined below. Excluded Claims include:

• Claims that qualify and are filed individually in small claims court;
• Claims by Olivcare related to violations of these Terms, including but not limited to prohibited activities;
• Claims in which either party seeks injunctive or equitable relief to protect intellectual property rights (e.g., trademarks, trade names, copyrights, patents) or to prevent imminent harm (e.g., cybersecurity breaches, fraudulent actions); and
• Claims an arbitrator or court determines are not eligible for arbitration under applicable law.
• Excluded Claims" now include disputes specifically regarding the eligibility or qualifications of a Pet Care Provider under local regulations.

12.2 Arbitration Procedures

Arbitration will proceed as follows

• Arbitration Rules: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association (“AAA”) Consumer Arbitration Rules (“Rules”) in effect at the time of filing the claim.
• Arbitration Location: The arbitration will be held in the county where you reside, or at a mutually agreed-upon location.
• Decision of the Arbitrator: The arbitrator’s decision will be final, binding, and enforceable by a court of competent jurisdiction. The arbitrator will provide a written explanation of the findings and conclusions upon which the decision is based.

12.3 Costs of Arbitration

Each party is responsible for its own filing fees, attorney fees, and other arbitration-related expenses. However, the arbitrator may award reasonable attorney fees and costs to the prevailing party, as permitted by law or the AAA Rules.

12.4 Confidentiality of Arbitration

All aspects of the arbitration proceeding, including the award, shall remain strictly confidential unless disclosure is required by law or is necessary to enforce the arbitration award.

12.5 Severability of Arbitration Provisions

If any provision within this Arbitration Agreement is found invalid or unenforceable, that provision shall be severed, and the remaining provisions shall continue in effect.

12.6 Opt-Out Procedure

You have the right to opt out of this Arbitration Agreement within 30 days of first accepting these Terms by sending a written opt-out notice to Olivcare. The notice must include your name, address, contact information, and the email associated with your Olivcare account. Opting out of this Arbitration Agreement will not affect any previous, other, or future arbitration agreements with Olivcare.

12.7 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND OLIVCARE AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS AS A CLASS ACTION OR IN A REPRESENTATIVE CAPACITY. This means:

• All claims must be brought individually, and neither party may consolidate claims of multiple persons.
• The arbitrator or court may not grant relief to anyone other than the individual party seeking relief.

13. Governing Law and Jurisdiction

13.1 Governing Law

These Terms, and any disputes arising from them or related to the use of Olivcare’s services, shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of laws principles.

13.2 Exclusive Jurisdiction

Unless otherwise mutually agreed by both parties or required by law, any legal actions related to these Terms shall be brought exclusively in the state or federal courts of California, and you and Olivcare submit to the personal jurisdiction and venue of such courts. This provision does not restrict the rights of either party to seek arbitration as outlined in Section 12.

14. Additional Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND OLIVCARE EACH AGREE THAT CLAIMS AGAINST EACH OTHER WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is deemed unenforceable, then the Arbitration Agreement will be null and void as to the affected action or proceeding.

15. Force Majeure

15.1 No Liability for Force Majeure Events

Neither Olivcare nor any Service Provider shall be liable for any delay or failure to perform obligations under these Terms due to circumstances beyond their reasonable control. Such circumstances include but are not limited to:

• Acts of God, including severe weather conditions or natural disasters (e.g., earthquakes, hurricanes, wildfires, floods);
• Acts of war or terrorism;
• Civil disturbances or riots;
• Government actions, embargoes, or trade restrictions;
• Pandemics, epidemics, or other public health emergencies;
• Labor disputes or strikes;
• Accidents, fires, or other emergencies.

15.2 Scope of Force Majeure Relief

During a Force Majeure event, obligations affected by the event shall be suspended for the duration of the event. Olivcare will make reasonable efforts to notify affected users if a Force Majeure event disrupts service.

16. Miscellaneous Provisions:

16.1 Independent Contractors

Olivcare and Service Providers operate as independent contractors. These Terms do not create a partnership, joint venture, or agency relationship between Olivcare and any Service Provider or Pet Owner.

16.2 Non-Exclusive Relationship

These Terms do not restrict Service Providers from offering pet care services through other means or third-party platforms. Service Providers remain independent and may use other avenues to provide their services.

16.3 Severability of Provisions

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.4 Binding Effect

These Terms are binding upon and will benefit the legal representatives, successors, and assigns of Olivcare and the User.

16.5 Survival of Terms

The obligations and rights outlined in these Terms, including but not limited to those concerning arbitration, indemnification, liability limitations, intellectual property, and confidentiality, shall continue to apply even after a User’s relationship with Olivcare ends.