Welcome to Our Pet Days. These Terms of Service ("Terms") are an agreement between you and Our Pet Days, LLC, a Texas limited liability company ("Our Pet Days", "we", "us"). They govern your use of our website (ourpetdays.com), our iOS and Android apps, and our related services (together, the "Services").
By creating an account or using the Services, you agree to these Terms, our Privacy Policy and the Community Guidelines in section 8. If you use Our Pet Days for a business, our Business Terms also apply, and they control where they conflict with these Terms.
Please read section 17 carefully. It requires most disputes to be resolved by individual arbitration rather than in court, waives class actions, and explains how to opt out within 30 days.
1. Who can use Our Pet Days
- You must be at least 13 years old.
- If you are 13 to 17, a parent or legal guardian must approve your account before you can use it (see section 2).
- Business accounts must be created by someone at least 18 years old with authority to act for the business.
- You may not use the Services if we have previously banned you, or if you are barred from receiving them under US law, including US sanctions and export laws.
2. Teens and parents
If you are a parent or guardian approving a teen's account:
- you agree to these Terms on the teen's behalf and confirm that you have the authority to do so;
- you are responsible for the teen's use of the Services; and
- you can withdraw approval at any time using the link in our email, which suspends the account.
A teen may make a booking that requires payment only with a parent's or guardian's permission, and the parent or guardian is responsible for those charges. Parent approval is given by email and confirms the parent's consent; it is not an identity check. Teen accounts have additional protections described in our Privacy Policy.
3. Your account
- Give accurate information, including your date of birth, and keep it up to date.
- Keep your password and sign-in methods secure. You are responsible for activity on your account.
- Tell us right away at [email protected] if you think someone has accessed your account without permission.
- You may not sell, transfer or share your account.
- Usernames may not impersonate anyone or infringe anyone's rights. We may reclaim a username that does.
4. Pet profiles
Posts on Our Pet Days speak for your pets, but you are responsible for them. When you create a pet profile:
- you confirm that the pet is yours or that you have the owner's permission;
- co-owners you add share responsibility for that pet's profile and content; and
- you have the right to share every photo and video you post.
5. Your content
You own the content you post: photos, videos, text, Zoomies, comments, reviews and messages ("Your Content").
License to us. You give Our Pet Days a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, use, display, reproduce, modify (for example to resize or format), and distribute Your Content. We use this license to operate, improve, promote and develop the Services, including training AI models as described in our Privacy Policy, but only if you turn that setting on. Teens' content, and anything posted before its author turned 18, is never used for AI training.
When the license ends. It ends when you delete Your Content or your account, except:
- where Your Content has been shared with others and they have not deleted it;
- for content kept for legal reasons or to enforce these Terms; and
- for backup copies, until they are overwritten in the normal course.
Sponsored content. We do not use Your Content in advertisements without your permission. Sponsored content may appear in your feed alongside your posts.
Business galleries. If you turn on "Let businesses feature my pet's photos", you also allow the businesses you visit to show photos of your pet taken during a visit in their public gallery, without payment. You can turn this off at any time to stop new photos being featured.
You are responsible for Your Content. You confirm that you have the rights needed to post it and that it does not break these Terms or the law.
6. Our content and the Services
The Services, including our software, design, logos and trademarks, belong to Our Pet Days or our licensors. We give you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose under these Terms. You may not copy, modify, sell or reverse-engineer the Services, except as the law allows.
7. Things you must not do
You agree not to:
- break the law or help others to;
- post content that is illegal, or that violates the Community Guidelines in section 8;
- access accounts, systems or data without permission, or interfere with the Services, for example with malware or overloading our servers;
- scrape, crawl or collect data from the Services by automated means without our written permission;
- create accounts in bulk or by automated means, or use fake accounts;
- send spam or unsolicited commercial messages;
- impersonate a person, pet or business, or misrepresent your connection to one;
- buy, sell or transfer accounts, followers or reactions; or
- get around any restriction we place on your account, including a ban or age-based protections.
8. Community Guidelines
Our Pet Days is a kind place built around pets. These guidelines apply to everything you post or send.
Animals
- No animal cruelty, abuse, neglect, fighting, or dangerous stunts with animals.
- No selling or trading live animals, and no rehoming that breaks the law. Adoption posts from legitimate shelters and rescues are welcome.
- No trading of protected, endangered or exotic species where the law prohibits it.
- If you see suspected animal abuse, report it to us and to your local animal control or law enforcement.
People
- No harassment, bullying, threats or hate based on race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, age or other protected characteristics.
- No sexual content, and nothing that sexualizes minors. We report child sexual abuse material to the National Center for Missing & Exploited Children.
- No intimate images shared without consent. See section 10 for how to have them removed.
- No content that promotes self-harm, suicide or eating disorders. If you or someone you know is in crisis, call or text 988 in the US.
- No sharing other people's private information, such as home addresses or phone numbers, without permission.
- Adults must not seek contact with teens they do not know.
Honesty
- No scams, fraud or misleading health claims.
- No fake reviews. Review only businesses you have actually used, and never your own business or a competitor's.
- No spam, fake engagement or misleading links.
Health advice. Sharing experiences is welcome, but do not present yourself as a veterinarian unless you are one.
9. Moderation and appeals
We may remove or restrict content, limit features, or suspend or end accounts that break these Terms or the law, or that put people or animals at risk. Where it is safe and lawful, we will tell you what we did and why. You can appeal within 14 days by replying to our notice or emailing [email protected], and a person will review the decision.
10. Reporting and removal requests
- Report content or accounts using the report option in the Services, or by emailing [email protected].
- Intimate images shared without consent. Anyone, with or without an account, can ask us to remove intimate images of them shared without consent, using our public request form at [TAKEDOWN FORM URL]. We remove the image and any identical copies we find within 48 hours of a valid request.
- Child sexual abuse material. If you are depicted in such material, you can report it to us, and we will confirm receipt within 36 hours. We remove it and report it to NCMEC.
- Teens' own posts. Teens can delete anything they have posted at any time, and can ask us for help at [email protected].
11. Copyright
We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act (DMCA). Send notices to our designated agent:
Richard Sanborn, Designated Agent
Our Pet Days, LLC
5121 Collin McKinney Pkwy
Ste 500 PMB 1243
McKinney, TX 75070
Phone: 707-726-2076
Email: [email protected]
A notice must include:
- your signature;
- the work you claim is infringed;
- the material you want removed, and where it is;
- your contact information;
- a statement that you believe in good faith the use is not authorized; and
- a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act for the copyright owner.
If we remove your content and you believe that was a mistake, you can send a counter-notice to the same address. We end the accounts of repeat infringers.
12. Health Vault
The Health Vault helps you keep records about your pets. It is not veterinary advice, diagnosis or treatment. Flags on lab results and other information in the Services are informational only. Always consult a licensed veterinarian about your pet's health, and in an emergency contact your vet or an emergency animal hospital right away. If you share Health Vault records with a vet, sitter or other person, you are responsible for choosing whom to share with.
13. Lost & Found
Lost & Found helps neighbors spread the word about lost and found pets. It is not an emergency service, and we cannot guarantee that any pet will be found or returned.
- Lost & Found alerts are shown to people nearby, including a last-seen location and, if you choose, a contact phone number.
- Before handing over a pet, check that the person is the real owner, for example with photos, vet records or a microchip scan.
- Do not confront anyone, enter private property, or put yourself in danger. Contact animal control or the police where appropriate.
14. Businesses, bookings and payments
- We are not a party to bookings. Businesses on Our Pet Days are independent. We do not employ, endorse, inspect or guarantee them. Any booking is an agreement between you and the business.
- The business is responsible for its services, including holding the licenses and insurance they require.
- Deposits, cancellations and refunds follow the business's policy, which is shown before you book. A cancellation inside the business's cancellation window may forfeit your deposit.
- Payments are processed by Stripe under Stripe's terms. By paying, you authorize the charges shown at checkout. If you choose to save a card, you authorize the business to charge it for later balances on that booking.
- Reviews must be honest, based on your own experience, and follow section 8.
15. Third-party services
The Services link to or work with services from other companies, such as Google and Apple sign-in, Stripe payments, maps and GIFs. Their terms and privacy policies apply to your use of them, and we are not responsible for them.
16. Ending your use
You can delete your account at any time in Settings. You have 30 days to change your mind by signing in, after which deletion is permanent, as described in our Privacy Policy. We may suspend or end your access as described in section 9, or if we stop offering the Services. Sections 5 (for content already shared), 6, 15, 17 through 20 and 22 survive termination.
17. Disputes and arbitration
Please read this section carefully. It affects your legal rights.
Try to resolve it informally first. Before starting arbitration or a small-claims case, you and we each agree to send a written notice describing the dispute and the relief sought, and to try in good faith to resolve it for 60 days. Send notices to [email protected] and to our mailing address in section 26. We will send ours to the email address on your account.
Arbitration. Except as described below, any dispute between you and Our Pet Days that arises from or relates to these Terms or the Services will be resolved by binding individual arbitration administered by [ARBITRATION PROVIDER] under its consumer arbitration rules. The Federal Arbitration Act governs this section. The arbitrator decides all issues, except that a court decides questions about whether the class-action waiver and the mass-arbitration provisions below can be enforced. We will pay the arbitration filing and arbitrator fees above the amount you would pay to file in court, unless the arbitrator finds your claim was frivolous.
Exceptions. Either party may:
- bring an individual claim in small-claims court in Collin County, Texas, or in your county of residence; or
- go to court to stop infringement or misuse of intellectual property.
No class actions. You and we may bring claims only on an individual basis, not as a plaintiff or class member in any class, collective or representative action. The arbitrator may not combine claims of more than one person, except as described next.
Mass arbitrations. If 25 or more similar arbitration demands are filed by or with the help of the same lawyers or organization within 90 days, they will be administered in batches of up to 50, with one arbitrator per batch. Fees will be charged per batch where the provider's rules allow.
30-day opt-out. You can opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept these Terms, with your username and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.
Time limit. To the extent the law allows, any claim must be started within one year after it arises.
If this section cannot be enforced. If the class-action waiver is found unenforceable for a claim, that claim must be decided in court, not arbitration.
18. Governing law and venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules, and by the Federal Arbitration Act. Any dispute that is not arbitrated will be heard only in the state or federal courts located in Collin County, Texas, and you and we consent to their jurisdiction.
19. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not guarantee that the Services will be uninterrupted, secure or error-free. We are not responsible for content posted by others, or for the services of businesses you find or book through Our Pet Days.
20. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- OUR PET DAYS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM THESE TERMS OR THE SERVICES; AND
- OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.
These limits do not apply to liability that cannot be limited by law.
21. Indemnity
To the extent permitted by law, you will defend and indemnify Our Pet Days against third-party claims arising from Your Content, your use of the Services, or your breach of these Terms or the law. This includes reasonable legal fees. We will tell you about any such claim and may participate in the defense with our own lawyers.
22. Apple App Store terms
If you downloaded our app from Apple's App Store:
- These Terms are between you and Our Pet Days, not Apple. Apple is not responsible for the app or its content.
- Your license is to use the app on Apple-branded devices you own or control, as Apple's Usage Rules allow.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to meet a warranty, you may notify Apple, and Apple will refund any purchase price you paid for the app. Apple has no other warranty obligation.
- Apple is not responsible for any claims relating to the app, including product liability, legal or regulatory compliance, consumer protection or privacy claims, or claims that the app infringes someone's intellectual property. We are responsible for those to the extent these Terms provide.
- You confirm that you are not in a country subject to a US government embargo, or designated as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties.
- You must follow any third-party terms that apply when you use the app, such as your wireless carrier's terms.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
23. State notices
- California. Under California Civil Code section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
- New Jersey. Nothing in these Terms limits any right a New Jersey consumer has under New Jersey law. In particular, sections 19, 20 and 21 apply to New Jersey residents only to the extent New Jersey law permits.
- Other states. Some states do not allow certain disclaimers, limitations or exclusions. Where that is the case, they apply to you only to the extent your state's law permits.
24. Changes to these Terms
We may update these Terms. If a change is material, we will tell you at least 30 days in advance by email or in the Services, except for changes required by law or to address safety, which may take effect sooner. The current version applies until the new effective date. We may ask you to accept the updated Terms before you continue using the Services. If you do not agree, you can delete your account.
25. General
- These Terms, the Privacy Policy and any Business Terms are the entire agreement between you and us about the Services.
- If any provision is unenforceable, the rest stays in effect.
- Our failure to enforce a provision is not a waiver.
- You may not transfer these Terms. We may transfer them in a merger, acquisition or sale of assets.
- These Terms are published in English and Spanish. If they conflict, the English version controls.
26. Contact
- Questions about these Terms: [email protected]
- Safety: [email protected]
- Support: [email protected]
By mail:
Our Pet Days, LLC
5121 Collin McKinney Pkwy
Ste 500 PMB 1243
McKinney, TX 75070