Terms of Service | Paws Nearby

Last updated: July 2025

Thank you for choosing Paws Nearby. Our Services (as defined below) are designed with our Members and their Pets in mind, and we strive to ensure your experience with us is both positive and reliable.

Please read these Terms of Service (“TOS”) carefully before accessing or using the Paws Nearby Platform and Services (as defined below). These TOS contain important information regarding your legal rights, obligations, and available remedies. The Services are owned and operated by Paws Nearby Inc.

When we refer to or use the following terms, “Paws Nearby Inc.,” “Paws Nearby,” “Company,” “we,” “our,” or “us,” throughout these TOS, we mean Paws Nearby Inc. and its affiliates.

When we use “you” or “your” throughout these TOS, we mean any person or entity who accesses or uses the Platform and Services, whether as a Member, guest user, or in any other capacity.

Please note:

Section 18 (General Information; Applicable Law; Dispute Resolution) of these TOS contains an arbitration clause, class action waiver, and waiver of jury trial. By accepting these TOS, you agree to be bound by such provisions. These TOS also contain (i) a limitation of liability that may limit the amount of damages to which you are entitled; and (ii) indemnities with respect to Losses (as defined below) that Paws Nearby may suffer in connection with your use of the Services.
Paws Nearby is not responsible for any services, arrangements, or agreements made between Members through the Platform. The Platform solely serves as a means to connect Members, and Paws Nearby does not participate in, control, or guarantee any discussions, negotiations, promises, arrangements, or agreements between Members.

The Services are not intended for individuals under the age of 18. If you are under 18 years of age, you may not use the Services.

These Services are intended for residents of Canada. You may not use the Services unless you are a resident of Canada.

1. DEFINITIONS

“Account” refers to the Member-specific interface on the Platform, which is accessible only through the use of secure login information, including an email address and password, and through which the Member may access and manage Services.

“Care Guide” refers to the information provided by a Pet Owner via the Platform, outlining particular instructions for the care of their pet and residence, including, but not limited to, emergency contacts, security details, and wifi codes.

“Listing” means the listing on our Platform where a Pet Owner can set out the responsibilities, including pet care, that they want Sitters to comply with.

“Member(s)” means users who subscribe to the Services, including Owners, Pet Owners, and Sitters, who have registered for an Account on the Platform.

“Member Code of Conduct” refers to the rules and expectations governing Member conduct while using the Platform and interacting with other Members, as set out in the current version available at Member Code of Conduct, which may be amended from time to time.

“Member Content” means any content submitted, uploaded, or otherwise made available by a Member through the Platform, including but not limited to text, photographs, images, videos, and other materials, that relates to the Member’s Listing and/or Profile.

“Member Dispute Process” means the policy described in Section 18 (General Information; Applicable Law; Dispute Resolution; Claims and Disputes Between Members).

“Membership Fee” means the fee payable at Activation Date or Auto-Renewal (each as defined in Section 8 (Membership Fees and Cancellation) allowing you access to the Services.

“Membership Service Support” refers to the support services provided by Paws Nearby to assist Members with questions or issues concerning their Membership, the Platform, or the Services.

“Owner” means a Member who arranges for a Sitter to care for their pet(s) and, if applicable, their property through the Platform.

“Platform” means the digital platform and Website located at www.pawsnearby.com, where the Services are provided and accessible by Members.

“Review(s)” means the comment and rating (out of five) left by a Pet Owner about a Sitter who has sat for them; or the comment and rating (out of five) left by a Sitter about a sit they have completed for a Pet Owner.

“Safety Contact Information” refers to the emergency contact information you supply in your Account profile, which is intended to enable Paws Nearby to reach you promptly in the event of an emergency or time-sensitive issue.

“Services” has the meaning given in Section 2 (Description of Services) of these TOS.

“Sit” means the pet sitting engagement arranged and/or carried out directly between a Pet Owner and a Sitter.

“Sitter” means a Member who undertakes the care of pet(s) and, where relevant, the residential property of a Pet Owner pursuant to a Sit arranged through the Platform.

2. DESCRIPTION OF SERVICES

Paws Nearby offers a user-friendly web-based Platform designed to facilitate connections between Pet Owners and Sitters (the “Services”). The Services are limited to providing the Platform only, and Paws Nearby does not participate in or control any discussions, negotiations, arrangements, or agreements made between Members. Our Services enable Members to find matches based on their specific pet-sitting needs, allowing them to arrange pet-sitting in a comfortable and convenient manner. With Paws Nearby, you can confidently find the perfect match for your pet-sitting needs, ensuring peace of mind for both you and your furry, feathered and scaled companions.

Our Services also include:

Hosting and maintaining the Platform to enable Pet Owners to arrange mutually beneficial pet-sitting with each other;
making the content on the Platform available to Members; and

Additional Services are outlined in Section 4 (The Services We Provide and Do Not Provide) below.

The Services will be provided for the duration of your selected membership plan term, which is 12 months.

3. ACCEPTANCE OF THESE TERMS

These TOS govern your access to and use of the Paws Nearby Platform and Services. We reserve the right to modify these TOS at any time. We will notify you of any material changes through the Platform or via email at least 30 days before such changes take effect. By registering to become a Member, you agree to comply with and be bound by these TOS (as they may be amended from time to time). If you do not accept any of these TOS, you should not become a Member or use our Platform. Our Acceptable Use Policy and Privacy Policy which are incorporated herein by reference, also apply to your use of our Platform and your membership. In addition, when using our Services, you will be subject to any guidelines or rules applicable to such Services that may be posted from time to time, subject to the notification requirements described above. All such guidelines or rules are deemed to be part of these TOS.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, these TOS for the purposes of the applicable Services. Supplemental terms shall prevail over these TOS in the event of a conflict with respect to the applicable Services.

We wish to clarify that our Services are not intended for children or minors under the age of 18, and any such use by users under the age of 18 is prohibited.

Please refer to Section 1 (Definitions), to understand the meaning of some of the capitalized terms used throughout these TOS. Other terms not defined in Section 1 (Definitions) are defined throughout these TOS.

4. THE SERVICES WE PROVIDE AND DO NOT PROVIDE

Services Provided

In addition to the services described in Section 2 (Description of Services) above, we provide the following Services:

the ability to create a Listing including creating a comprehensive Care Guide;
the ability to search for Pet Owners via the Platform;
the ability to communicate with a Pet Owner via the messaging service on the Platform;
the ability to choose and confirm a Pet Sit via the Platform;
the ability to leave a Review for a Pet Sitter who has completed a Sit; the ability to leave a Review for a Pet Owner who has made their pet(s) (and property) available for a sit
Membership Service Support

Services Not Provided

We do not provide the following or any guarantees or assurances for any of the following:

the safety of a Pet Owner, their pet(s) and/or home;
the safety of a Pet Sitter, their pet(s) and/or home;
confirmation of arrangements including dates of Sit;
whether the Sit will go ahead as arranged;
that your Profile will be approved by us;
that you will be matched with another Member to commence a Sit;
arranging a Sit;
pet care services;
Verification Checks or Guarantees
Insurance policies – We are not authorized or regulated as an insurance provider and are unable to provide or arrange insurance of any kind.

No Member Verification or Guarantee

Paws Nearby does not independently conduct background checks or verify the identity, conduct, or suitability of any Member. While Paws Nearby may offer access to optional identity verification services provided by Onfido Inc. (Entrust), any such verification is limited in scope and is conducted solely for platform integrity purposes. Paws Nearby does not control or guarantee the outcome of any third-party verification process. For more information, please refer to Entrust’s Legal Compliance and Terms and Conditions.

By using the Platform, you acknowledge and accept that any interaction or engagement with other Members is at your own risk. You remain solely responsible for determining the appropriateness and safety of your interactions, including during the arrangement or performance of a Sit.

Paws Nearby makes no representations or warranties regarding:

the accuracy or completeness of a Member’s Profile or other Member Content;
the identity or trustworthiness of any Member, even if they have undergone identity verification;
the quality or performance of Members;
the accuracy of any Listing created by a Pet Owner; or
the reliability or truthfulness of any Reviews provided by Members.

We encourage all Members to exercise common sense and caution, conduct their own due diligence, and use secure communication methods when engaging with others through the Platform.

We do not endorse:

the quality or performance of Members;
or check the accuracy of the Pet Owner’s Listing;
any Reviews provided by Members;

5. SEPARATE AGREEMENT BETWEEN MEMBERS

When you arrange a Sit via our Platform, you are entering into a direct agreement between yourself and another Pet Owner. It is entirely your responsibility to ensure that the requirements in the Listing or Sitter align with your expectations and experience. While we provide guidance on arranging Sits, this is for informational purposes only, and any arrangements you make are part of the separate agreement between you and the other Pet Owner. You acknowledge and agree that the requirements for Members set out in Section 6 (Member Conduct and Requirements) below, form part of the separate agreement between you and the other Member.

Our Services are strictly limited to providing and maintaining the Platform. We do not participate in, control, or oversee any discussions, negotiations, arrangements, or agreements made between Members. We are not a party to any agreement, contractual or otherwise, between Members, and we shall not be liable for any disputes, claims, or issues arising from such agreements or arrangements. We make no representations or warranties regarding any negotiations, promises, or arrangements made between Members.

You must exercise your own judgment before arranging a Sit, accepting a Sitter, or otherwise interacting with other Members via the Platform. You are solely responsible for making decisions that are in your and your pet’s best interests, including conducting appropriate due diligence regarding Pet(s), properties and vetting any potential Pet Owner.

6. MEMBER CONDUCT AND REQUIREMENTS

The Paws Nearby community is built on trust, mutual respect, and shared responsibilities. As a Member, it is essential to adhere to the outlined Code of Conduct and requirements to ensure a safe and enjoyable experience for all parties involved. This section describes the expectations for Member behavior and responsibility, aiming to foster a harmonious and secure environment for both Pet Owners and Sitters. Compliance with these guidelines not only enhances your experience but also contributes to the integrity and reliability of our Platform.

The following requirements apply to all Members:

You will,

be an individual who is at least 18 years old;
pay the membership fees on time;
comply at all times in full with these TOS;
comply with the Member Code of Conduct;
comply with the Acceptable Use Policy;
register for an account on the Platform and provide accurate information about yourself (including name and email address) which you will keep up to date. Our collection and use of your personal information is described in our Privacy Policy;
keep your login and password details confidential and prevent any unauthorized access to, or use of, the Services via your Account;
promptly notify us of any unauthorized use of your Account;
not create a fake identity or impersonate anyone else;
not create an Account in breach of any of our policies listed in this Section 6 (Member Conduct and Requirements), and the Privacy Policy;
only upload images of a certain format, size and resolution in accordance with our specifications (that will be notified to you at the time);
only use the Services for domestic and private use, and will not use the Services in connection with any business or other organization or for any commercial purpose whatsoever;
respond to communications from other Members in a timely manner, but in any event, within 72 hours;
only cancel a Sit (or complete a Sit early) if there are extraordinary circumstances and you will immediately notify the Pet Owner of this.
not access or use all or any part of the Platform or Services to build a product or service which competes with the Services or the Platform; nor use the Platform or Services to make similar arrangements with third parties who are not Members outside of the Platform;
not attempt to copy (in any way possible), modify, transmit or distribute all or any portion of the Platform (including any software) in any form or media or by any means;
provide us with Safety Contact Information so that you can be contacted about your Paws Nearby Account in the event of an emergency; and
be responsible for vaccinating your own pet(s) and notify your Sitter should your pet(s) have any illnesses or ailments;
ensure you have adequate provisions in place for veterinary care of your pet (such as pet insurance); and you hereby authorize the Sitter to obtain veterinary care for your pet(s) during a Sit if you cannot be reached;
remain responsible at all times for any veterinary treatment that your pet(s) may require, including all costs and expenses incurred by the Sitter in relation to the same; and you will reimburse the Sitter for any such costs within 14 days of completion of a Sit;
ensure that no pets to be left under the care of a Sitter have ever caused a person or animal any physical harm (no matter how minor the injury);
notify a Sitter of any special requirements or behaviours relating to your pet(s) in your Listing and when you communicate with any Sitter;
evaluate the suitability of Sitters for yourself via direct communication with the Sitter where appropriate;
ensure that the details of your Listing are accurate and up to date;
ensure that the details in your Care Guide are accurate and up to date in advance of the start of the Sit;
only provide Member Content that accurately reflects the quality and condition of your pet(s) (and home);
ensure that you have adequate home insurance and that this insurance also covers you for the occupancy of a Sitter in your home in case the sitter needs to enter your home (you may need to check this with your insurance provider);
not have any inherently dangerous pets (such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators), banned dog breeds, or any animal with a history of attacks on pets or people;
not have a dog belonging to a breed banned under applicable laws in Ontario, including but not limited to breeds restricted or prohibited under the Dog Owner’s Liability Act or related municipal by-laws;
not have pets that are otherwise prohibited from being legally kept as a pet under any applicable federal, provincial, or municipal law in Ontario;
not have any pets which aren’t explicitly listed in the details of the Listing;
ensure your home is vacated for a Sitter throughout the duration of the Sit, and that no third parties will interfere with the Sitter’s enjoyment of your property, should the sit take place in your home;
ensure that all Sits will be completed within your current membership term;
follow our Camera and Recording Devices Policy. This includes having no internal recording or monitoring devices enabled during a Sit;
provide the Sitter with prior written notice of any firearm or other weapon that will be present during the Sit. All firearms and weapons must be stored and secured in accordance with all applicable federal, provincial, and municipal laws, including but not limited to the Criminal Code and the Firearms Act (Canada). This includes ensuring that firearms are unloaded, locked in a secure container (such as a cabinet, safe, or vault) that is difficult to break into, and that ammunition is stored separately and securely. Where reasonably possible, all firearms and weapons must be kept out of sight and inaccessible to unauthorized individuals. You must disclose the presence and general location of any such items to the Sitter prior to the Sit, without compromising the security of the premises;
not require, demand, accept or pay any form of payment for carrying out a Sit / engaging a Sitter;
abide by all of the Pet Owner’s requests or instructions that are described in their Listing, and Care Guide;
contact the Pet Owner immediately if the pet(s) requires veterinary care;
get approval to take the pet(s) to the vet for treatment and get the Pet Owner’s agreement to pay for any costs incurred. If you can’t reach the Pet Owner and the pet’s health is at risk, you will contact the vet specified in the Care Guide and seek treatment as soon as possible;
pay any veterinary expenses up front and request the Pet Owner to reimburse you for all costs incurred & keep and present all receipts associated with vet visit;
immediately contact the Pet Owner in the event of any damage to property and get their approval for repair. If, in the event of an emergency, you are unable to contact the Pet Owner, you will pay for the repair of any damage caused, and request the Pet Owner reimburse you for all costs incurred (provided you have not caused the damage yourself) & keep and present all receipts associated with the repair;
not leave any Sit early under any circumstances, especially where this results in any pet(s) being left unattended, without first informing the Pet Owner and giving them reasonable time to arrange alternative pet care. If you do, you will instantly receive a lifetime ban from the Platform with no refund of membership fees paid;
before arranging a Sit, have suitable insurance in place that will cover you in case damage occurs to yourself, and third party harm and damages;
only upload Member Content that accurately reflects your pet sitting experience;
not allow any other person(s) to participate in the sit unless they have been approved in writing by the Pet Owner;

Consequences of Member Non-Compliance

This section outlines the potential consequences for Members who fail to adhere to the requirements specified for Pet Owners as detailed in these TOS. Compliance is crucial to maintaining the integrity and smooth operation of the Paws Nearby community. The following measures may be implemented at our discretion in response to any non-compliance.

If a Member does not comply with the Requirements of Pet Owners (set out in this Section 6 (Member Conduct and Requirements)) the following shall apply.

We may:

issue you with a warning;
suspend your Account so you will not be able to access the Services during the suspension term;
permanently block your access to the Services;
immediately terminate your membership and delete your Listing and/or remove your Profile;
report any offences committed to the appropriate authority;

The application of these sanctions is entirely at our discretion and we can choose whether to apply any one or all of them at any time.

7. ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your password and account credentials. You understand and agree that you are fully responsible for all activities that occur under your account. In the event of any unauthorized use of your password or account, or any other breach of security, you must immediately notify us. To safeguard your information, ensure that you exit from your account at the end of each session.

While we strive to protect your account, we disclaim any liability for any loss or damage arising from your failure to comply with these security obligations.

8. MEMBERSHIP FEES AND CANCELLATION

Access to the Services requires payment of the applicable Membership Fee as displayed on the Platform. The membership fee must be paid in full before access to the Services will be granted.

The membership term is Annual. The full Membership Fee must be paid through the Platform’s secure payment portal. Your membership will commence on the date of successful payment processing (the “Activation Date”).

All amounts and fees stated or referred to in these TOS shall be payable in Canadian dollars (CAD), exclusive of any applicable taxes.

Unless you opt out of automatic renewal by deselecting the “Auto-Renewal” option (either during registration or at any time during your membership term), your membership will automatically renew at the end of each term and the then-current Membership Fee will be charged to your designated payment method.

You are responsible for maintaining accurate and current account information, including but not limited to billing details, payment card information, and email address. Failure to maintain updated account information may result in service interruption or termination upon auto-renewal.

We reserve the right to modify the pricing of our Services. Any price modifications will be communicated to you via email with a minimum of 30 days’ advance notice prior to implementation. If you have an active membership, any price increase will take effect on your next renewal date.

All payments under these TOS are processed by our authorized payment processor, Stripe, Inc. While payment processing is handled by a third party, all personal data collected during payment processing will be protected and handled in accordance with our Privacy Policy, which is incorporated herein by reference.

Membership Cancellation and Auto Renewal

To prevent automatic renewal of your membership, you must cancel your Auto-Renewal at least 7 days before the scheduled Auto-Renewal payment date. It is your responsibility to ensure timely cancellation to avoid being charged the Membership Fee for the next term.

We will provide a notification via email at least 30 days prior to the scheduled Auto-Renewal date to remind you of the upcoming renewal.

Your membership is for a fixed period of 12 months and will automatically renew for further fixed periods of 12 months until you cancel it within 7 days of the scheduled Auto-Renewal.

Trial Period and Refunds

In the event that you wish to cancel your membership within the first 7 days following the Activation Date (“Trial Period”), you may do so for a full refund of the Membership Fee, provided that (i) no messages with other members have been exchanged, and (ii) you have not shared or attempted to share any personal contact information (including but not limited to phone numbers, email addresses, social media accounts, or other means of direct communication) with other members. Any attempt to circumvent the Services by exchanging contact information during the Trial Period will result in immediate termination of your membership without refund. Cancellation requests must be submitted through the contact form available on our website.

Upon cancellation of your membership, all rights to access the Platform and Services associated with the membership will cease immediately. You will not be entitled to any refund of the Membership Fee, except if you have canceled your membership within the Trial Period.

We reserve the right to modify or discontinue the Membership Cancellation policy at any time, with such changes communicated to you via email at least 30 days before taking effect. Any changes will apply to memberships renewed or started following the effective date of the change.

9. TERM AND TERMINATION

This section outlines the terms and conditions regarding the duration and termination of your membership with Paws Nearby.

We reserve the right to suspend or terminate your access to the Platform and Services at our sole discretion. If your access is suspended then you will remain listed in the Member database, but will not be listed on the Platform until we notify you in writing that your suspension has ended, following which you will be relisted on the Platform and your Services will recommence.

Whether or not we choose to terminate your membership will not affect any other rights or remedies which you or we may have.

Upon termination, your right to use the Services will cease immediately. If you wish to terminate your account, you may discontinue using the Services. We shall not be liable for any losses or damages arising from any termination of your account or subscription.

10. REVIEWS

The Services provide the opportunity for Members to leave public reviews (“Reviews”) after Members have exchanged messages through the Services. Reviews reflect the views of the respective Members, and do not reflect the opinion of Paws Nearby. We do not verify the content of Reviews, which means they may be inaccurate or misleading. If you post a Review, you agree that such Review shall not contain any offensive, libelous, or defamatory language, shall be accurate, and shall be compliant with other terms of these TOS. We reserve the right to remove any Reviews that, in our opinion, acting reasonably, do not comply with these TOS. You acknowledge and agree that the Reviews are public, and are viewable by other Members using the Services, as well as members of the public.

You agree not to:

leave a review unless a Sit has occurred;
manipulate the Reviews in any manner;
require a Member to leave a positive Review in exchange for a reciprocal Review; or
ask a Member to take specific actions related to a Review in exchange for a resolution to a dispute between the parties; or
post any Review that is false, inaccurate, or misleading.

The foregoing does not prohibit Members from contacting each other with a problem prior to leaving a Review.

11. PAWS NEARBY PRIVACY POLICY; CONFIDENTIALITY

Registration Data and personal information about you, including information about your pet(s), are subject to our Privacy Policy. Each time you use the Services, you consent to the collection, use and disclosure of personal information by us in accordance with our Privacy Policy, as amended from time to time.

You agree to comply with the terms of any existing formal or implied agreement of confidentiality with respect to any third party. This includes, but is not limited to, agreements with veterinary service providers, pet insurance companies, or other pet care services. You are responsible for ensuring you have authority to disclose any information about your pet(s), their medical history, or other related information to other Members.

You agree to treat any non-public, sensitive, or personal information (collectively, “Confidential Information“) you receive from another Member as confidential and to protect it from unauthorized access, in accordance with applicable legal and professional standards. This includes, but is not limited to, pet medical records, home access information, and personal contact details. This does not apply to general communications about pet care service availability, service descriptions, or other information that is clearly not of a confidential nature. If you enter into a separate confidentiality or non-disclosure agreement with another user or service provider, you agree to comply with its terms.

12. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

You acknowledge and agree that the Platform and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content accessible via the Platform, and information presented to you through the Platform is protected by the law of copyright, trademark, service mark, patent or other proprietary rights laws. Except as expressly authorized by us or our information partners, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform, in whole or in part.

We grant you a personal, non-transferable and non-exclusive right to access and use the Platform; provided that you do not (and do not allow any third party to) copy, modify, create any derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code for the Services, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Platform or the underlying software. You agree not to obtain or attempt to obtain unauthorized access to the Services or the underlying software.

If you post content or submit material using or through the Platform, we will request your explicit consent before using such content. Upon receiving your consent, you will grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, adapt, publish, perform, translate, produce, reproduce, modify, create derivative works from, distribute, communicate to the public, and display such content throughout the world in any media for the specified purposes agreed upon in the consent. We will not use any personal information, including your name, in connection with such content without obtaining separate explicit consent. You represent and warrant that you own or otherwise control all the rights to the content that you post, that the content is accurate, does not contain personal information about others without their consent, and that use of the content you supply does not violate these TOS and will not cause injury to any person or entity. You represent and warrant that you will indemnify and hold us harmless for all claims resulting from content you provide in violation of these terms. We have the right, but not the obligation, to monitor and edit or remove any activity or content, and we take no responsibility and assume no liability for any content posted by you or any third party.

13. INDEMNITY

You agree to indemnify, defend, and hold harmless Paws Nearby Inc., its affiliates, and each of their respective officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from or arising out of (i) your violation of these TOS; (ii) your use of the Platform or Services; (iii) your violation of any law or the rights of a third party; or (iv) any breach of your representations and warranties set forth herein. Paws Nearby Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Paws Nearby Inc. in asserting any available defenses. This indemnity obligation will survive the termination of these TOS and your use of the Platform and Services.

14. DISCLAIMER OF WARRANTIES

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that you are solely responsible for (and that Paws Nearby Inc. has no responsibility to you or to any third-party for) any content that you transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Paws Nearby Inc. may suffer) by doing so.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, PAWS NEARBY INC. DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE UN-INTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAWS NEARBY INC. OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.

PAWS NEARBY INC. FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAWS NEARBY INC. AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF: (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (B) MAKE CHANGES WHICH PAWS NEARBY INC. MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (D) YOUR FAILURE TO PROVIDE PAWS NEARBY INC. WITH ACCURATE INFORMATION; AND (E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

15. LIMITATION OF LIABILITY

Please read these following clauses carefully as they set out (i) what we do not accept responsibility for; (ii) what we do not take responsibility for; and (iii) what you assume responsibility for.

We offer a user-friendly web-based Platform designed to facilitate connections between Pet Owners. Our Services are strictly limited to providing and maintaining the Platform only. We do not and will not participate in, control, oversee, guarantee, or take responsibility for any discussions, negotiations, arrangements, promises, or agreements made between Members. Any arrangements or agreements made between Members are solely between those Members, and Paws Nearby is not a party to such arrangements or agreements. The responsibilities and liabilities we assume reflect our limited role as a Platform provider only.

Paws Nearby does not undertake any assessment or vetting of Members, nor does it provide any assurances or implications regarding the background, character, or suitability of any Member. The responsibility for evaluating and determining the appropriateness of any interactions or engagements with other Members lies solely with you, the user.

We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk. We make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.

Any content is provided for your general information. No content on the Platform constitutes technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Platform and its content,

The Platform may contain hyperlinks or references to third party advertising and websites other than the Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

AS A PLATFORM-ONLY SERVICE PROVIDER, WE DO NOT ACCEPT ANY LIABILITY OR RESPONSIBILITY FOR THE FOLLOWING:

any additional sums incurred by the Member as a result of the processing of their Membership (such as bank charges);
any loss of income or loss of savings you may suffer or extra costs you incur arising from a Sit or the performance/non-performance of a Sit;
the retention, deletion or loss of your Member Content. It is your sole responsibility to maintain backup copies of your Member Content; or
anything related to the services we make clear we do not provide as set out in Section 4 (The Services We Provide and Do Not Provide);
the responsibilities and liabilities you assume as set out in above with respect to third party advertising and websites other than the Platform.

You assume full responsibility for the choices you make before, during and after a Sit. You agree that as part of a Sit you enter into a contract between yourself and another Member and you assume all of the associated risks of a Sit, including the following and the risks that could arise from the following:

evaluating and determining the suitability of a Member for a Sit and assessing whether to arrange a Sit;
health risks, especially to you, your family, your pet(s) and third parties, such as illness, bodily injury, disability, or death;
property risks such as theft, damage, loss or destruction of your home, its contents and your other belongings;
the care and supervision of any minors;
the care and supervision of any pets;
the information you share in your Care Guide;
invasion of privacy (e.g. by use of CCTV or monitoring equipment).

You hereby agree that we have no liability to you in respect of any of these risks.

To the maximum extent permitted by law (e.g. we are not negligent and do not owe you a duty of care) you agree that we are not liable for any injury, death, loss or harm that occurs to anyone or any pet during a Sit or in any way related to a Sit.

In no event shall we (including our employees, agents and subcontractors) be liable for any losses arising out of your breach of these TOS or if you fail to follow any reasonable instructions we may give you.

We are only responsible for:

fraud or fraudulent misrepresentation carried out by our employees;
intentional, willful or wanton misconduct of our employees;
performing the services with reasonable skill and care; or
any other liability that cannot be excluded by law

We are responsible for any loss or damage caused by us that is foreseeable as a result of us breaching these TOS or failing to use reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time these TOS were entered into.

Our maximum liability to you under these TOS is limited to the Membership Fees you paid in the 12-month period prior to the event giving cause to our liability.

You will reimburse us for all losses and expenses that we suffer as a result of a third party bringing a claim against us due to your breach of these TOS.

16. FORCE MAJEURE

Paws Nearby shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these TOS, for any failure or delay in providing the Services or Platform, when and to the extent such failure or delay is caused by or results from acts beyond Paws Nearby’s reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, epidemic, pandemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of adequate power or transportation facilities; and (i) other similar events beyond Paws Nearby’s reasonable control. Paws Nearby shall use commercially reasonable efforts to provide notice of the Force Majeure event to you as soon as practicable under the circumstances, which notice shall state the period of time the occurrence is expected to continue. The Force Majeure event itself may delay or prevent the delivery of such notice.

17. UPDATES AND CHANGES TO THESE TOS; NOTICE

We reserve the right, at our sole discretion, to modify or replace these TOS at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised TOS. If you do not agree to the new TOS, in whole or in part, please stop using the Website, and the Services.

Notices to you may be made via either e-mail, the Website, or regular mail. We may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you via the Services.

18. GENERAL INFORMATION APPLICABLE LAW; DISPUTE RESOLUTION; CLAIMS AND DISPUTES BETWEEN MEMBERS

These TOS and the relationship between you and Paws Nearby Inc. for the use of the Platform and Services will be governed by the laws of the Province of Ontario and the applicable federal laws of Canada. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these TOS and is hereby expressly excluded.

Our failure to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties to these TOS (the “Parties”) nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these TOS must be filed within 1 year after such claim or cause of action arose or be forever barred. The section titles in these TOS are for convenience only and have no legal or contractual effect.

Dispute Resolution and Arbitration

To the fullest extent permitted by applicable law and subject to the arbitration provisions below, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, with respect to any dispute, controversy or claim (a “Dispute”) arising out of or in connection with these TOS or your use of the Services.

The rights and obligations of the Parties set forth in this Section 18, Sections 13, 14, 15, and 16, and any other provision in these TOS which, by its nature, should survive termination of these TOS, will survive any such termination.

WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND PAWS NEARBY INC. MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. YOU AND PAWS NEARBY INC. AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTES. UNLESS BOTH YOU AND PAWS NEARBY INC. AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which the following provision is enforceable, the following mandatory arbitration provision applies to you. You agree that any Dispute shall be submitted to and determined by binding arbitration in accordance with the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The number of arbitrators shall be one, and the Parties shall mutually agree and appoint an arbitrator within 10 days of the delivery of the notice of arbitration, failing which the arbitrator shall be appointed by the ADR Institute of Canada, Inc. The place of arbitration shall be Toronto, Ontario, Canada. The language of arbitration shall be English. By agreeing to this provision, the Parties agree that arbitration shall be the exclusive forum for resolving all Disputes and the decision of the arbitrator shall be final and binding upon the Parties. The decision of the arbitrator shall be executory, and judgment thereon may be entered by any court of competent jurisdiction. The arbitration proceeding and any decision by the arbitration panel shall be confidential, unless disclosure is required by applicable law.

19. CONTACT

If you have any questions, concerns, or feedback regarding these TOS, Website, or Services, please contact us using the following information:

PAWS NEARBY INC.
Support Team
Email: hello@pawsnearby.com

We value your input and aim to respond to all inquiries promptly. Please include your name, contact information, and a detailed description of your inquiry to help us assist you more effectively.

Paws Nearby Terms of Service