VIVETURE, INC. TERMS OF USE/USER AGREEMENT

These Terms of Use (the "Terms") are a binding legal agreement between you and Viveture, Inc., ("Viveture") a company incorporated under the laws of Delaware with offices at 3013 S Wolf RD, Westchester, IL 60154 ("Viveture," "we," "us" and "our"). Viveture is a subscription-based platform which users can utilize via Our mobile application ("Mobile App") (collectively the "Viveture Services" or "Services") connecting pet owners ("Pet Owners") with pet sitters ("Pet Sitters") who offer pet sitting services. Viveture charges a subscription fee to both the pet owners and the sitters for using the Viveture Services. Viveture does not collect or facilitate any payments between pet sitters and pet owners. Pet Sitters and Pet Owners decide on how to facilitate the payment transaction between them.

The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your ("Your" "You" or "User") access to and use of the Viveture website and Services.

Please read the Terms of Use carefully before you start to use the Services. By using the website and Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference ("Privacy Policy ") available at https://viveture.com/privacy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

The Services are provided and available only to users who are 18 years old or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Viveture. If you are not 18 years old or older, you must not access or use the Services.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS.

1. Viveture Services.

1.1 Nature of the Viveture Services. The Viveture Services consists of a desktop Web application, mobile applications, and other related tools, support and services that pet owners ("Pet Owners") and providers of pet-related services ("Pet Sitters") can use to find, communicate with and interact with each other. We charge subscription fees for some aspects of the Viveture Services, as described below in Section 7.10.

1.2 Viveture does not provide Pet Sitting Services. Viveture is a neutral venue for Pet Sitters and Pet Owners. Viveture is not a Pet Sitting Services Provider, and does not provide Pet Sitting Services. We make no representations or warranties about the quality of pet sitting, dog walking, house sitting, or other services provided by Pet Sitters ("Pet Sitting Services"), or about your interactions and dealings with Pet Sitters and Pet Owners. Pet Sitters listed on Viveture are not under the direction or control of Viveture, and Pet Sitters determine in their own discretion how to provide Pet Sitting Services. Viveture does not employ, recommend or endorse Pet Sitters or Pet Owners, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Pet Sitters or Pet Owners, whether online or offline. We facilitate identity verification and background checks for pet sitters only through Sterling (First Advantage) a third party, (each as described in Section 8, below) except We do not perform additional screening of Pet Sitters or Pet Owners. You should exercise caution and use your independent judgment before engaging a Pet Sitter, providing Pet Sitting Services, or otherwise interacting with users via the Viveture Services. Pet Owners and Pet Sitters are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the Viveture Services is responsible for keeping current his or her own pet's vaccinations, and we will have no liability for anyone's failure to vaccinate his or her pet.

You are solely responsible for all of your interactions with all Pet Owners and Pet Sitters that you contact, or that contact you. Be advised that there are risks, including but not limited to the risk of physical harm, robbery, or assault that could occur when dealing with strangers, including persons who may be acting under false pretenses or pretending that they are a Pet Sitter. Please use caution about the information you elect to share as part of your User Profile or in any communication you engage in with a prospective Pet Owner or Pet Sitter through the Services. You should only list the contact information that you are comfortable disclosing to Pet Sitters and other Users of the Services.

1.3 Release. Subject to Section 22 and 23 below, Viveture has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Pet Sitters and Pet Owners, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF PET SITTING SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.

1.4 Transactions are between Pet Owners and Pet Sitters. The Viveture Services may be used to find and offer Pet Sitting Services but all transactions conducted via the Viveture Services are between Pet Owners and Pet Sitters. You agree that Viveture has no liability for damages associated with Pet Sitting Services (which may include bodily injury to, or death of, a pet) or resulting from any other transactions between users of the Viveture Services.

1.5 Bookings. Pet Owners and Pet Sitters transact with each other on the Viveture Services when they both agree to a "booking" that specifies the fees, time period, cancellation policy, and other terms for provision of Pet Sitting Services via the booking mechanism provided on the Viveture Services (a "Booking"). A Booking may be initiated by either a Pet Sitter or a Pet Owner by selecting the type(s) of Pet Sitting Services to be provided and then following the prompts that appear on-screen. If you are a Pet Owner and you initiate a Booking, you agree to pay the fee set by a Pet Sitter for the Pet Sitting Services. If you are a Pet Owner and a Pet Sitter initiates a Booking, you agree to pay for the Pet Sitting Services offered by a Pet Sitter. All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. Once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.

1.6 Pet Owners are Solely Responsible for Evaluating Pet Sitters. Pet Owners are solely responsible for evaluating the suitability of Pet Sitters for the services they offer to provide. Though Viveture facilitates Background Checks or Identity Verifications conducted by a third party, any such screening is limited, and Viveture does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Viveture does not endorse reviews of Pet Sitters by other Pet Owners that may be available via the Viveture Services, and Viveture makes no commitments that such reviews are accurate or legitimate.

1.7 Abandoned Pets; Re-homing. Pet Owners must retrieve pets at the end of agreed service periods. Failure to retrieve pets may subject Pet Owners to applicable abandonment laws. Pet Sitters should contact local animal control or law enforcement for unretrieved pets. Viveture is a technology platform and does not intervene in physical disputes or pet custody situations. Pet Owner agrees to reimburse Viveture and/or the Pet Sitter for all costs and expenses associated with such actions.

1.8 Emergencies. We recommend that Pet Owners give their Pet Sitters contact information where they can be reached in the event medical care for a pet becomes necessary, and to provide an emergency contact in the Pet Owner profile, who has consented to the disclosure of their information. Pet Sitters agree to immediately contact Pet Owners in the event such care becomes necessary or, if the Pet Owner is not available, to contact Viveture at the applicable telephone number or email address listed in the table at the end of these Terms. If you are a Pet Owner, you hereby authorize your Pet Sitter, your emergency contact, to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. In such a case, you also authorize your pet's veterinarian(s) to release your pet's veterinary records to your Pet Sitter. You release the Pet Sitter and Viveture for any injury, damage or liability arising from the provision of emergency care or the failure to seek such care pursuant to this section. Pet Owners are responsible for the costs of any such medical treatment for pets. Viveture recommends that all users have adequate pet insurance to cover the costs of veterinary care.

1.9 Here. Use of the Viveture Services requires use of Here, which completes the process of a pet owner or pet sitter adding their address to the Mobile App. You are subject to the terms and conditions of Here. https://www.here.com/

1.10 Location Data. The Viveture Services uses GPS/location services for matching and autocompleting addresses. A User can choose not to share their location or toggle it on or off from settings.

2. Certification of Compliance with Applicable Law.

By accessing and using the Viveture Services, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Viveture Services.

• For Pet Owners, this means, among other things, that you will ensure that your pets are vaccinated, licensed, identification-tagged and/or microchipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the pets whose care you entrust to Pet Sitters (and that such policies will benefit third parties, including Pet Sitters, to the same extent they benefit you).
• For Pet Sitters, this means, among other things, that you certify that you are legally eligible to provide Pet Sitting Services in the jurisdiction where you provide Pet Sitting Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, trade licenses, and permits necessary to provide Pet Sitting Services legally; and that, when providing Pet Sitting Services, you will comply with applicable leash, pet waste disposal, and similar laws.

You acknowledge that Viveture is entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user's failure to do so.

3. Use of the Viveture Services; Suspension.

3.1 Your Conduct on the Viveture Services. When you use the Viveture Services, you agree:

• To use the Viveture Services only in a lawful manner and only for its intended purposes.
• Not to use the Viveture Services to arrange for the care of: (a) exotic or inherently dangerous pets such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators, horses or other livestock; (b) any animal whose ownership or third-party care is prohibited under applicable law; or (c) any animal that has a history of, or which has been trained for, attacks on pets or people.
• Not to submit viruses or other malicious code to or through the Viveture Services.
• Not to use the Viveture Services, or engage with other users of the Viveture Services, for purposes that violate the law.
• Not to use the Viveture Services to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Viveture Services.
• Not to use the Viveture Services for purposes of competing with Viveture or to promote other products or services.
• Not to post reviews that aren't based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
• Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
• Not to post "spam" or other unauthorized commercial communications.
• To use the Viveture Services only for your own purposes, and not to impersonate any other person.
• Not to transfer or authorize the use of your account for the Viveture Services by any other person, or to engage in fraudulent transactions.
• Not to use any promotional credits or rewards in a manner inconsistent with the spirit and purpose of the program including, without limitation, using promotional credits or rewards to create Bookings within the same household or with someone with whom you share a pet.
• Not to provide false information in your profile on, or registration for, the Viveture Services, or to create multiple or duplicate accounts.
• Not to interfere with our provision of, or any other user's use of, the Viveture Services.
• Not to solicit another user's username or password for the Viveture Services or any other sensitive personal information, including bank details.

3.2 Suspension and Termination. You understand and agree that we have no obligation to provide the Viveture Services in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Viveture Services: (1) if in our discretion your conduct on the Site or Viveture Services is inappropriate, unsafe, dishonest, or in breach of these Terms; or (2) if necessary, in our discretion to protect Viveture, its users, pets, or the public. You may suspend or terminate your use of the Viveture Services at any time and for any reason. If you wish to deactivate your account, please contact Viveture or log into your account and visit "Account Settings". Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.

3.3 Protection from Illegal Content. Viveture takes measures to promote a safe online environment. These measures include, but are not limited to, protecting users from illegal content by (a) prohibiting the use of the Viveture Services to post or send illegal content in these Terms of Service (see Section 3.1); (b) providing a feature that allows users to block or report profiles and conversations with other users, which we will review; (c) prohibiting and removing, if reported to us, reviews, responses, or portions thereof that violate these Terms; and (d) if reported to us, exercising our right to suspend or deactivate a user who posts or sends illegal content. You can report illegal content at any time by contacting us as described in Section 27.

4. CERTAIN USE LIMITATIONS

The website is offered to you free of charge to view, while other Services, including accessing our Mobile App as a User are free to use in the present but at some point, in time you might be charged a fee to access the Mobile App. We will update these terms prior to US charging users any such fees.

Subject to your continued compliance with the Terms of Use, including without limitation the timely payment of all applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to access and use our Services (whether through the Website, through our web-based app or by downloading and installing the Mobile App, including any updates and bug fixes). Your use is limited for your personal, noncommercial use only.

You may not copy, modify, distribute, sell, or lease any part of our Website, Services, nor may you reverse engineer, decompile or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

Except for the limited permission in the preceding paragraphs, Viveture does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.

You agree that at any time in our sole discretion, without notice to you and without liability of any kind, we may make improvements and/or changes to these Services, restrict or terminate your access to or use of any part or all of the Services, or refuse, move, or remove any material that you submitted to the Services.

You represent, warrant, and agree that any information or materials you submit to or post on the Services (a) shall be true, accurate, and current; (b) will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy, or Fair Housing right; (c) will not be fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) will not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another's use of the Services; (d) will not promote illegal or harmful activities; and (e) will not be illegal, unlawful or contrary to any applicable laws or regulations where created, displayed, or accessed.

You agree not to (and not to assist any third party to): (a) engage in commercial use of the Services or any content on the Services; (b) reproduce, copy, display, screen grab, takes pictures or videos of, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, reverse engineer, decompile, create derivative works, or otherwise use any portion of the content or Software offered on the Services for other than your own personal, non-commercial use; (c) remove any copyright, trademark or other proprietary rights notices contained in or on the Services or any content or other material obtained via the Services or any services on the Services; (d) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Services, such as for purposes of constructing or populating a searchable database of business or property reviews; (e) collect or harvest any information about other users for any purpose; (f) reformat or frame any portion of the web pages that are part of the Services; (g) create user accounts by automated means or under false, misleading or fraudulent pretenses; (h) create or transmit unwanted electronic communications such as "spam" to other users or otherwise interfere with other users' enjoyment of the Services; (i) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (j) use the Services to violate the security of any computer network, crack passwords or security encryption codes, or transfer or store illegal material, including any material that may be deemed threatening or obscene; (k) copy or modify the HTML code used to generate web pages on the Services; (l) use any device, software or procedure that interferes with the proper working of the Services, or otherwise attempt to interfere with the proper working of the Services; (m) take any action that imposes an unreasonable or disproportionately large load on our IT infrastructure; (n) modify, adapt, translate, or reverse engineer any portion of the Services; (o) use the Services to violate any law or regulation, including but not limited to Fair Housing laws and regulations, or (p) use the Services for any purpose that is unlawful or prohibited or unauthorized by these Terms of Use.

5. Registration; Account Security.

In order to use some aspects of the Viveture Services, you will be required to create a username, password, and user profile. If you elect to use the Viveture Services, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Viveture suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for the Viveture Services and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.

6. USE WITH YOUR MOBILE DEVICE

Use of the Viveture Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

VIVETURE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE VIVETURE SERVICES AT ANY TIME OR FROM ANY LOCATION;
2. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE VIVETURE SERVICES.

Viveture hereby grants you a personal, non-exclusive, non-transferable license to install and use the Viveture Services on Your Device solely for the purpose of seeking to use the Viveture Services. You agree to not provide, distribute or share, or enable the provision, distribution or sharing of, the Viveture Services (or any data associated therewith) with any third party. You agree that: (i) use of the Viveture Services on Your Device requires an active data plan with a wireless carrier associated with Your Device, which data plan will be provided by you at your own expense; and (ii) use of the Viveture Services on Your Device as an interface with the Viveture Services may consume very large amounts of data through the data plan. Viveture SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN.

When using Your Devices hereunder: (i) you are responsible for the acquisition, cost and maintenance of Your Devices as well as any necessary wireless data plan; and (ii) We shall make available the Viveture Services for installation on Your Device. We hereby grant you a personal, non-exclusive, non-transferable license to install and use the Viveture Services on Your Device solely for the purpose of seeking to use the Viveture Services. You agree to not provide, distribute or share, or enable the provision, distribution or sharing of, the Viveture Services (or any data associated therewith) with any third party. You agree that: (i) use of the Viveture Services on Your Device requires an active data plan with a wireless carrier associated with Your Device, which data plan will be provided by you at your own expense; and (ii) use of the Viveture Services on Your Device as an interface with the Services may consume very large amounts of data through the data plan. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN.

Downloading Mobile App (the "App"). You may access the App which can be downloaded from an Apple store or Google distribution Services, such as the Apple Mobile App Store or Google Play, (the "Mobile App Provider"). You acknowledge and agree that: (i) these Terms & Conditions are entered into between us, and not with the Mobile App Provider, and that we are solely responsible for the App (not the Mobile App Provider); (ii) the Mobile App Provider has no obligation to furnish any maintenance and support services with respect to the App; (iii) the Mobile App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (iv) in the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service; (v) the Mobile App Provider and its subsidiaries are third party beneficiaries of these Terms of Service as it relates to your license of the Mobile App, and that, upon your acceptance of these Terms of Service, the Mobile App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the App against you as a third party beneficiary thereof; and (vi) you must also comply with all applicable third party terms of service when using the App.

Notice Regarding Apple. You acknowledge that these Terms are between you and Viveture only, not with Apple, and Apple is not responsible for any App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any App. In the event of any failure of any App to conform to any applicable warranty, then you may notify Apple and request that Apple refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to any App. Apple is not responsible for addressing any claims by you or any third party relating to any App or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that any App or your possession and use of any App infringes that third party's intellectual property rights. You will comply with any applicable third-party terms, when using any App. Apple, and Apple's subsidiaries, are third-party beneficiaries of this section of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this section of these Terms against you as a third-party beneficiary of these Terms.

7. Fees & Payment.

7.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, the Viveture Services are listed and payable in local currency.

7.2 Fees for Pet Owners. Pet Owners may purchase Pet Sitting Services from a Pet Sitter by completing a Booking as described in Section 1.5. If you are a Pet Owner, you enter into a transaction with the Pet Sitter when you accept a Booking, and you agree to pay the total amount indicated in the Booking. The Pet Sitter, not Viveture, is responsible for performing the Pet Sitting Services. The Pet Sitter, not Viveture, charges and collects fees directly from Pet Owners. All payments for Pet Sitting Services occur entirely outside the Viveture platform through payment methods arranged between Pet Owner and Pet Sitter. Viveture does not process, facilitate, collect, hold, or have access to any payments for Pet Sitting Services.

7.3 Fees for Pet Sitters. Pet Sitters may agree to provide Pet Sitting Services to a Pet Owner by agreeing to a Booking as described in Section 1.5. If you are a Pet Sitter, you must confirm the Booking before it expires or the Pet Owner will have no obligation to complete the transaction. Once the Booking is completed by both parties, you agree to honor the price set forth in your Booking. The purchase of Pet Sitting Services is a transaction between the Pet Owner and the Pet Sitter. All payments for Pet Sitting Services occur entirely outside the Viveture platform through payment methods arranged between Pet Owner and Pet Sitter. Viveture does not process, facilitate, collect, hold, or have access to any payments for Pet Sitting Services.

7.4 Late Fees and Additional Charges. If you are a Pet Owner, you acknowledge and agree that, if you fail to retrieve your pet at the end of the service period agreed in a Booking, the Pet Sitter in its discretion can charge you additional service time (pro rata for each partial late day) at the daily rate established in the Booking.

7.5 Cancellations & Refunds.

Only Pet Sitters are permitted to choose their cancellation policy during onboarding as stated below:

1. Free cancellation anytime,
2. Free cancellation up to 24 hours before the start time. After that, 50% of the booking amount will be charged by Pet Sitters.
3. Free cancellation up to 24 hours before the start time. After that, 25% of the booking amount will be charged by Pet Sitters.
4. No cancellation policy is set.

If a Pet Sitter elects to choose "free cancellation" then Pet Owners can request to cancel anytime with the Pet Sitter, even, even 30 minutes before the Pet Sitter arrives for the booking. And, the Pet Owners owe no fees to the Pet Sitter.

If the Pet Sitter has not elected free cancellation and the booking start time is within 24 hours, Pet Owners must request the sitter to cancel the appointment and pay any charges arising from the late cancellation.

Based on the cancellation policy, the mobile app calculates the total due amount due in fees owed by a Pet Owner to a Pet Sitter in the event a pet owner cancels before the booking starts. The Pet Sitter has the right to cancel the appointment and collect the booking fee from Pet Owners.

7.6 Cancellations by Pet Sitter. If a Pet Sitter cancels a Booking prior to or during the service period identified in the Booking, the Pet Owner should first demand a refund from the Pet Sitter. If a Pet Sitter does not offer the Pet Owner a refund, the Pet Owner can contact Viveture if they don't agree with the Pet Sitter. However, Pet Owners agree that Viveture cannot and does not guarantee that Pet Sitters will not cancel any bookings, nor is Viveture liable or required to reimburse Pet Owners the booking fee paid by a Pet Owner to a Pet Sitter.

7.7 General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms available through the Viveture Services to do so. For purposes of the policies and terms in this Section 7.7, the date of cancellation is the date that a user cancels through the Viveture Services, regardless of any separate communications between users outside of the Viveture Services.

7.8 Payment Disputes. Payment Outside of the Viveture Services. Once payment arrangements are made between Pet Owner and Pet Sitter outside the Viveture platform, any payment disputes are solely between those parties. Viveture has no involvement in, responsibility for, or liability regarding service Payments. Further, Viveture has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Viveture Services.

7.9 In-App Purchases. Through the Services, all of your purchases for Pet Sitting Services while using the Services are done through either the Apple store or the Google Play service or the Stripe and you are agreeing to their respective Terms and Conditions. We do not store any credit card and/or financial information on our servers. (http://www.apple.com/legal/internet-services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html).

(https://stripe.com/legal).

Viveture is not a party to any In App Purchase between a Pet Owner and Pet Sitter.

7.10 Background Check Payment. Pet Sitters must complete and pay for mandatory background checks directly with Sterling Infosystems before being approved to offer services on the platform. Background check fees (approximately $17. Can be more or less) are paid directly to Sterling by the Pet Sitter. Viveture does not collect, process, or receive any portion of background check fees. Viveture accesses background check results through Sterling's platform to make approval decisions. Sterling stores all background check data on their secure servers and handles all Fair Credit Reporting Act (FCRA) compliance, including adverse action notices.

Purchases & Cancellation Rights.

(A) Subscriptions.

To access all of the features of the Services you are required to pay either a monthly or yearly subscription fee. Viveture offers a free seven (7) day trial for monthly subscriptions and thirty (30) day free trial for yearly subscriptions. Payments are processed and facilitated by Stripe, Apple Pay or Google play Service. (https://stripe.com/legal, https://www.apple.com/legal/internet-services/itunes/us/terms.html, https://play.google.com/intl/en_us/about/play-terms.html). Our service fees are described here https://viveture.com/faq. Under question "How much does viveture cost?".

All cancellations will take effect starting at the end of the then current billing period. For example, if you have a monthly subscription that began on the first of the month but canceled mid-month, your cancellation will be effective as of the end of that month. Sorry- there are no refunds on paid subscriptions once the charge has gone through for the billing period.

You may uninstall Services paid applications at any time at your discretion. All purchases of paid applications are non-refundable.

(B) Payments.

1. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the ordering form or payment terms on the Viveture Services.
2. or
3. By another payment option Viveture provides to you in writing.
4. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
5. Viveture will automatically renew your monthly, or annual Subscription Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
6. Additional cancellation or renewal terms may be provided to you on the website for the Services.

7.11 Automatic Renewal

Paid subscriptions to the Services are auto-renewing. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information or, if applicable, at the end of your free trial period if you have not canceled at least 24 hours in advance of the expiration of the trial period. You hereby agree to and authorize automatic (recurring) billing, and you agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. Payments for renewal subscriptions are processed using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and monthly billing of your account, will continue indefinitely until canceled by you in accordance with the Cancellation section of this Agreement.

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your mobile phone carrier before using the Services.

7.12 Subscription Changes and Price Modifications

Adjustment of Subscription Terms: We reserve the right, at our sole discretion, to modify, suspend, or terminate any subscription service or replace, change, or update any part of these subscription terms at any time. This includes, but is not limited to, changing the scope of the subscription services, subscription fees, billing methods, and service features.

Price Changes: We may adjust the pricing for our subscription services at any time at our sole discretion. Any price changes will take effect following email notice to you or an announcement on our service platform.

Notification of Changes: We will provide advance notice before any new subscription terms or price changes take effect. Notification will be sent to the email address associated with your account or will be prominently displayed on our service platform.

Continued Use After Changes: Your continued use of the subscription service after the notice period constitutes your acceptance of the changes. If you do not agree with the changes, you have the right to cancel your subscription before the new terms or prices take effect.

Cancellation Rights: If you do not wish to continue with the subscription under the new terms or pricing, you may cancel your subscription by following the cancellation procedures provided in your account settings or as otherwise provided in our service communications.

Effect of Cancellation: Upon cancellation, you will lose access to the subscription services after the end of your current billing cycle, and no further charges will be applied to your account for the canceled subscription service.

7.13 Taxes. Except for taxes on Viveture's income and gross receipts or where Viveture is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of Pet Sitting Services via the Viveture Services. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the Viveture Services. In certain jurisdictions, Viveture may be required by law to collect and/or report tax information about you. You agree to provide us with documentation that we determine to be necessary for us to fulfill those obligations and, if you fail to do so, that Viveture may suspend or deactivate your account until such documentation is provided.

7.14 Payment Processing. Payment processing services for subscriptions to use Viveture's Services may be provided by one or more third-party payment processors. Viveture reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion. Payment processing provided by Stripe is subject to the Stripe Services Agreement (available at https://stripe.com/legal). Payment processing services are also provided by the Apple in-app purchase system, and Google in-app purchase system. (http://www.apple.com/legal/internet-services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html).

7.15 You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If we provide a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.

8. Background Checks and Identity Verifications

Viveture facilitates personal identification verification services ("Identity Verification") and criminal records checks, and sex offender registry checks, (collectively, "Background Checks"). State criminal background checks on Pet Sitters are mandatory before Pet Sitters can offer their services. Sterling Infosystems provides FCRA-compliant pre-adverse and adverse action notification services through their platform at Viveture's direction. Sterling stores all background check data on their secure servers. Viveture accesses background check results through Sterling's platform to make approval decisions but does not independently store complete background check reports in its own systems. Outside of the US and Canada, these services are limited to Identity Verification. We do not provide, and are not responsible or liable in any manner for, the Background Checks or Identity Verifications, and we do not endorse or make any representations or warranties regarding the reliability of such Background Checks or Identity Verifications or the accuracy, timeliness or completeness of any information in the Background Checks or Identity Verifications. We do not independently verify information in the Background Checks or Identity Verifications.

By undergoing a Background Check or Identity Verification via the Viveture Services, you hereby authorize and consent to the collection, use and disclosure of the information in the Background Check or Identity Verification to the third-party consumer reporting agency or identity verification provider, and you agree to provide complete and accurate information for your Background Check or Identity Verification. You authorize Viveture to obtain "consumer reports" and/or "investigative consumer reports" at any time after receipt of your authorization and consent and throughout your engagement with Viveture, as permitted by applicable law.

You understand and agree that Viveture may review and rely on the information in the Background Check or Identity Verification in deciding whether to suspend or terminate or investigate a complaint about a Pet Sitter or Pet Owner, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check or Identity Verification is not accurate, timely or complete. If you are the subject of a Background Check, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. You may contact Viveture to dispute a decision to suspend or terminate your account that is based in whole or in part on the results of the Background Check. You agree that Viveture's rights and obligations under the Arbitration Agreement (set forth in Section 25, below) inure to the benefit of the consumer reporting agency used for Background Checks or Identity Verification in respect of any claim that would be subject to the Arbitration Agreement if brought against us. Viveture reserves the right to suspend or terminate your access to the Viveture Services based on information in the Background Check or Identity Verification or for any other violation of these Terms, as permitted by applicable law.

Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Service, Viveture may but is not obligated to re-run Background Checks on any Users. Background Checks may also vary by type, breadth and depth, and the results may exclude the following:

• Counties where the individual has no address history.
• Information not available (or which is delayed in being reported) in particular jurisdictions, which could include arrest logs and records, sex offender history, and motor vehicle records.
• Information that may not be reported or may not appear in the public record, such as juvenile records and expunged convictions.
• Arrests or convictions in foreign countries.
• Civil records or traffic violations, unless a jurisdiction reports them as criminal offenses.
• Records that Background Check agencies are prohibited from reporting due to federal, state or local laws, for example, arrests not resulting in convictions.
• Any other information not reported by third-party Background Check agencies.

You should always exercise caution and use your independent judgment before engaging a Pet Sitter, providing Pet Sitting Services, or otherwise interacting with users via the Viveture Services. Background Checks or Identity Verification are not a substitute for conducting thorough interviews (such as during meet-and-greets) and independently evaluating and inquiring into the individual you engage with.

9. THIRD PARTY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES

This Website may feature information, materials, products, and services provided by third parties, which may include content providers, payment processors, advertisers, and other users (collectively, the "Third Party Information"). All such information, materials, products, and services made available by a third party are those of the third party and not us. We make no representation or warranty with respect to, nor do we guarantee or endorse, and we disclaim any express or implied warranty relating to, the accuracy, completeness, quality, timeliness, non-infringing nature, legality, condition, or reliability of any third-party information, materials, products, or services.

You agree that we have no responsibility or duty to review, pre-screen, or approve and that we shall not be responsible or liable for, any third-party information, materials, products, or services or any loss or damage of any kind suffered by you or any third party arising out of or relating to any of them.

If you choose to communicate or contract with any third party, or use any information, materials, services or products of any third party, you agree that you will address any issues or disputes regarding such matters directly with the third party, and not us. You acknowledge that your participation in any services provided by a third party or purchase of any product from a third party will constitute your consent to such third party's terms of service or terms of use with respect to such service or product.

10. LINKS TO THIRD PARTY SITES

This Website may contain links, inline frames, feeds, and embedded content to or from websites (collectively, "Third Party Links" or "Links") operated by parties other than Viveture. Such links are provided for your convenience only, and do not indicate any endorsement of the material on such websites or any association with their operators. You agree that Viveture is not responsible or liable for such websites, the availability or contents of such websites, any products or services they offer, or any damages any of the foregoing may cause you.

IN NO EVENT SHALL VIVETURE BE LIABLE FOR ANY DAMAGES SUFFERED BY A WEBSITE USER (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY LINKED SITE OR THIRD PARTY WEBSITE OR RELATED SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER VIVETURE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT SUCH DAMAGES WERE POSSIBLE.

Linking to this site

Viveture consents only to links to this website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Viveture; (c) imply that Viveture approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about Viveture or otherwise damage the goodwill associated with Viveture' name or trademarks. As a further condition to being permitted to link to this site, you agree that Viveture may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease any related use of Viveture's trademarks.

11. The Content of Others

Content ("content") on our website may be produced by other users and other third parties ("third party content") and may contain content or materials ("materials") from publishers or other Users. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Viveture reserves the right to review all content that appears on the website or Services and to remove any content that violates these Terms, we do not necessarily review all of it. So, we cannot—and do not—take responsibility for any content that others provide through the website or Services.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Users and third parties, including information providers or any other users of the Services, are those of the respective author(s) or distributor(s) and not of Viveture.

You are responsible for your use of the website and Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. As such, you should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via the website or Services or obtained by you through the website or Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the website or Services or endorse any opinions expressed via the website or Services. You understand that by using the website or Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the website or Services and, we cannot take responsibility for such Content.

We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

Through these Terms, we make clear that we do not want the website or Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the website or Services will always conform to our Terms.

You may be able to post User Content. You must not post any User Content that is threatening, abusive, unlawful, misleading, fraudulent, discriminatory, libelous, defamatory, obscene or otherwise objectionable, or that contains ethnic, sexual, racial or other discriminating slurs. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, solicitations, advertisements, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.

You are prohibited from posting any User Content containing state, government or federal identification information or numbers (whether your own or of another person), such as national identification number, social security number, passport number, insurance number, driver's license number, immigration number, or any other similar number, code, or identifier. Posting such identification information could possibly cause identity theft. Viveture may remove any such identification information, but we are under no obligation to do so and have no responsibility and disclaim all liability or damages for any user posting of such identification information.

Viveture reserves the right to disclose all User Content and other relevant or related information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site and Services; to protect itself, its affiliates, its partners and its users or visitors; and to comply with legal obligations or governmental requests. What this means is that we may honor law enforcement or court-mandated requests such as subpoenas or search warrants to reveal a user's electronic address and identity, or other properly requested information.

Although we have no obligation to do so, we may monitor User Content, and reserve the right to delete any User Content or portion thereof that, in Viveture's sole discretion, violates the above rules, including any User Content that is unrelated to the specific area of the Site or Services on which it is posted, or that is an advertisement, or other commercial message, or that Viveture determines in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, we encourage you to report the content or conduct to us so that we may have the opportunity to consider whether to remove the content or not. Just so there is no ambiguity in these Terms of Use, Viveture does not have any obligation to remove any User Content, and whether User Content is deemed to be inappropriate or violates any Viveture policy will always remain within the sole discretion of Viveture.

Please take note of the following: Section 230 of the U.S. Communications Decency Act provides that:

(1) Treatment of publisher or speaker

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

(2) Civil liability No provider or user of an interactive computer service shall be held liable on account of-

(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or

(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

12. License to User Content and Feedback

You retain your rights to any Content you submit, post or display on or through the website. What's yours is yours — you own your Content (and your photos and videos are part of the Content).

By submitting, posting or displaying Content on or through the website or Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Viveture to provide, promote, and improve the website or Services and to make Content submitted to or through the website or Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our Terms of Service for such Content use. Such additional uses by Viveture, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the website.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Only to the extent as permitted by law, if you post content or submit material to Viveture, including photographs or material you grant Us a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable right and license to use, sell, make, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Services, Viveture's website or its publisher partners, maintaining Viveture's website and promoting Viveture without restriction. You further grant to Viveture, its affiliates, and sublicensees the right to use your user's name, user name, and/or trademarks and logos in connection with any such User Content or Viveture marketing materials or content that we might publish or display on the site or Services.

As a user of the Services, you represent, warrant and acknowledge that: (i) you own the User Content that you submit, display, post or otherwise make available on or through the Services, or that you otherwise have the right to grant the license set forth in this section, (ii) that all such User Content, and its submission, display, posting or availability on or through the Services does not violate any applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Services does not result in or cause any breach of contract between you and any third party. You further agree to pay for all royalties, fees, damages, and any other monies of any kind owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Viveture and its affiliates and sublicensees from all claims of any kind resulting from any such User Content. If you desire to revoke the license granted by you in this Section for any such User Content, you must email Us at: support@viveture.com with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request to remove such User Content must include (a) your name, address, telephone number, and email address; (b) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (c) identification of the User Content for which the license is to be revoked, and please provide all necessary information reasonably sufficient to allow Viveture to locate and remove such User Content on the Site; (d) a written statement certifying that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request to remove the user content is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content that you desire to be removed from the Services.

Only if you desire to do so voluntarily, you may offer feedback to Viveture about the functionality and performance of the Site, including, without limitation, identifying ways to modify the site, potential errors, making improvements, fixing bugs, or enhancements ("Feedback"). By providing Feedback, you hereby grant to Viveture a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, sell, make sublicense, reproduce, perform, distribute, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that Viveture may disclose any or all Feedback to any third party in any manner, and you agree that Viveture may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is unsolicited, gratuitous and without restriction, and will not put Viveture under any confidentiality, fiduciary, or other any obligation, and that Viveture is free to use such Feedback without any additional compensation to you, and that we are free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, we do not waive any rights to use similar or related ideas previously known to Viveture, or developed or created by its employees, or derived from sources other than you.

13. Confidential information

Viveture does not want to receive confidential or proprietary information from you through our Services. Please note that any information or material sent to Viveture will be deemed NOT to be confidential. By sending Viveture any information or material, you grant Viveture an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Viveture is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally identifiable information that you submit to Viveture for the purpose of receiving products or services will be handled in accordance with our privacy policies.

14. Global availability

Information Viveture publishes on the Internet may contain references or cross references to Viveture's products, programs and services that are not announced or available in your country. Such references do not imply that Viveture intends to announce or make available such products, programs, or services in your country.

15. PRIVACY

You agree that we may collect, use, and share information about you in any manner permitted by the Privacy Policy posted on this Website.

16. YOUR ACCOUNT

You agree that you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your password or your account. You agree: (a) that you will not disclose your Site password to anyone, (b) that you will not allow others to utilize your account, (c) to ensure that you fully exit from your account at the end of each session, (d) to immediately change your password if you become aware that your account has been compromised, (e) to immediately notify us of any unauthorized use of your password or account, or any other breach of security, and (f) that you will be solely responsible for safeguarding your password and for any actions taken under your password or account, whether authorized by you or not.

17. Respecting Copyright

We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our SERVICES any infringing material that we become aware of. And if Viveture becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the website infringes a copyright that you own or control, please contact Us:

Viveture

Attn: Administrator

Email: support@viveture.com

Name: Paresh Sharma

If you file a notice by mail with Us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

• contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• identify the copyrighted work claimed to have been infringed;
• identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
• provide your contact information, including your address, telephone number, and an email address;
• provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

18. SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this website ("Software") or any of the mobile application stores is the copyrighted work of Viveture and/or its suppliers. Your use of any Software is governed by the terms of this Agreement.

All Software, including without limitation all code and active controls contained in this Website or any of the mobile application stores is owned by Viveture and/or its suppliers and is protected by copyright laws and international treaty provisions. Any unlicensed reproduction or redistribution of any Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of any Software to any other server or location for further reproduction or redistribution is expressly prohibited.

Third-Party Software. The software you download in connection with any App consists of a package of components, including certain third-party software provided under separate license terms. Your use of the third-party software in conjunction with the Mobile App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party terms and nothing in these Terms is intended to impose further restrictions on your use of the third-party software.

Intellectual property rights

You acknowledge that all intellectual property rights in the website, the Viveture mobile app and the Documents anywhere in the world belong to Viveture or our licensors, that rights in them are licensed (not sold) to you, and that you have no rights in, or to, the website or the Documents other than the right to use each of them in accordance with these Terms.

You acknowledge that you have no right to have access to the website or mobile app in source-code form.

Trademark Information

You agree that all of Viveture's trademarks, trade names, service marks, and other logos and brand features that are displayed via the website and Services (collectively, the "Marks") are trademarks and the property of Viveture. You agree not to display or use Our Marks in any manner without Our prior permission. Sponsor and third-party website trademarks are the property of the respective Sponsors and third parties. The display of any Sponsor or third parties' trademarks via the website and Services does not necessarily mean that Viveture has an affiliation with these entities.

User acknowledges and agrees that without the foregoing exclusions and limitations of liability, Viveture would not be able to offer the website, and that such exclusions and limitations of liability shall apply, even if they would cause user's remedies under this agreement to fail of their essential purpose.

19. INDEMNIFICATION

You will indemnify, defend, and hold Viveture and all of its officers, directors, owners, employees, agents, information providers, vendors, contractors, affiliates, partners, and licensors (collectively, the "Viveture Indemnified Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any of the Viveture Indemnified Parties in connection with any claim, including, but not limited to, claims for your use of the Viveture Services, defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Services; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your data; your connection to Viveture's or its vendors' servers; your violation of this Agreement; or your violation of the rights of any other person or entity. Viveture reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Viveture, and you will cooperate with Viveture's defense of these claims.

20. MODIFICATION OF TERMS OF USE

Viveture reserves the right to change these Terms of Use, and any other terms of use on the Website or mobile app, at any time in its sole discretion, without prior notice and without liability to you of any kind, by posting the modified Terms of Use or other terms of use on this Website. By using the Website or mobile app after our posting of any changes to these Terms of Use or other terms of use (other than simply to read the modified terms and delete your account), you agree to the changes and the modified terms. All changes shall be effective immediately upon posting, shall apply prospectively only, and no change shall apply to any dispute, controversy or claim pending or in progress at, or arising before or out of events occurring before, the time of the change, or alter any provisions with respect to a matter occurring prior to the time of the change.

21. CONSENT TO USE OF YOUR DATA

You agree that Viveture may collect and use technical data and related information—including but not limited to technical information about your device, system and Services software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to your use of the Services.

Data also may include your name, email addresses, telephone numbers and any information you provide logging in to the Services or any information pertaining to your personally identifiable information (PII) including financial information. Data may also include information about your customers including names, addresses. You have designed, created and provided all of your data without the participation or involvement of Viveture. You are responsible for any actions you take with respect to the Data, including uploading it to the Services or using the Services to share or otherwise make available such Data to third parties. You are responsible for ensuring that you have all the rights and permissions needed to use the Data in connection with the Services. You shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all Data entered into the Services. Viveture assumes no responsibility for the accuracy, propriety, or usefulness to You of the Data. Viveture shall not be liable to You or any third-parties for any loss, damage or expense whatsoever and howsoever arising from any Data entered into the Services by You or by an entity on your behalf unless such data is protected under federal or state law. You acknowledge that Viveture will rely on the accuracy of the Data provided to Viveture by You as it performs its requested functions under this Agreement. You acknowledge that you own all of the Data or have all rights to grant such licenses to Viveture to use such Information in furtherance of providing the Services without infringement or violation of any third-party rights. Viveture provides no warranties, representations or indemnification to You for Your access to, and use of the Data.

You grant a revocable license and consent to Viveture to use any data that you provide or that we may collect about you through the Services, in compliance with Our Privacy Policy. You give consent to Viveture to use the Data when integrating with third-party company systems to perform services on Viveture's behalf relating to the functionality of the Services and that You consent to Viveture using Data that may include personally identifiable information but only with Third Party Services providers to perform services on Viveture's behalf relating to the functionality of the Services. We will only use such data with our partners or Pet Sitters who perform functions to enable Viveture to provide its Services.

You give consent to Viveture to use any data collected or created by You in your use of the Services related to selling, publishing, disclosing or sharing combined data and information from many Users with our partners in order to help our partners market and sell our Products pursuant to written agreements with confidentiality, privacy and security obligations. All such information includes data derived from personal information in aggregated, anonymous form and does not identify You individually.

Every User's registration data and various other personal information are strictly protected by Viveture's Online Privacy Policy (see the full Privacy Policy at https://viveture.com/privacy. As a User, you herein consent to the collection and use of the information provided, including the transfer of information within the United States for storage, processing or use by Viveture and/or our subsidiaries and affiliates.

22. Disclaimer and Release

We try to keep the website up and running and free of annoyances. But we make no promises that we will succeed.

You agree that Viveture does not warrant or guarantee any product information contained on the Website or Viveture Services, or any result returned from queries made through the Website or Viveture Services.

If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Website or Viveture Services or you engage with any Third-Party Providers, you agree that you do so at your own risk and that Viveture will have no liability based on such purchase, use, access, or engagement.

THE WEBSITE AND VIVETURE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE VIVETURE ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE VIVETURE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY VIVETURE CONTENT, USER CONTENT, THIRD PARTY CONTENT, MATERIALS OR INFORMATION YOU OBTAIN ON OR THROUGH THE VIVETURE SERVICES WILL BE TIMELY OR ACCURATE.

VIVETURE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT OR MATERIALS OF ANY KIND THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR WEBSITE OR VIVETURE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH VIVETURE WILL BE RESPONSIBLE FOR.

VIVETURE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE VIVETURE SERVICES, CONTENT, SERVICES, OR INFORMATION CONTAINED ON THE WEBSITE OR VIVETURE SERVICES INCLUDING ANY THIRD-PARTY SITES OR THIRD-PARTY LINKS.

22.1. Disclaimer - Third Party Integrated Services and Integrated Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE THAT VIVETURE IS NOT RESPONSIBLE FOR THE USE OF ANY THIRD-PARTY PRODUCTS, THIRD-PARTY INTEGRATED SERVICES, AND SUBPROCESSOR SERVICES THAT INTEROPERATE WITH THE SERVICES.

22.2 Disclaimer - Account Credentials. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU KEEP YOUR CREDENTIALS TO ACCESS YOUR ACCOUNT CONFIDENTIAL AND SECURED, INCLUDING BY FOLLOWING INFORMATION SECURITY BEST PRACTICES REGARDING PASSWORDS. IF ACCOUNTS ARE COMPROMISED AS A RESULT OF USERS' NEGLIGENCE, VIVETURE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM THIS NEGLIGENCE.

22.3. You further agree that Viveture does not warrant or guarantee that any product information contained on the website or Viveture Services is accurate, complete, reliable, current, or error-free.

YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS VIVETURE, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, "RELEASED PARTIES") FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, "LIABILITIES") THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY'S CONDUCT RELATED TO USE OF THE WEBSITE OR SERVICES, INCLUDING FOR PERSONAL INJURY OR DEATH OR ANY CLAIMS FOR DAMAGES YOU MAY HAVE AS A RESULT OF USING THE VIVETURE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT VIVETURE, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS AND EMPLOYEES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, INJURY OR DEATH TO A PET SITTER OR PET OWNER, INJURY OR DEATH TO A PET OWNER'S ANIMAL, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, OR YOUR USE OF THE WEBSITE OR VIVETURE SERVICES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF VIVETURE OR ITS AFFILIATES, OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE WEBSITE OR VIVETURE SERVICES, OR FROM RELIANCE OR DAMAGE CAUSED BY: (I) ANY INFORMATION, MATERIALS, VIVETURE CONTENT, USER CONTENT OR THIRD PARTY CONTENT POSTED ON THE WEBSITE OR VIVETURE SERVICES, (II) FROM THE INABILITY TO USE THE WEBSITE OR VIVETURE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE VIVETURE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RECEIVED THROUGH ANY THIRD PARTY OR LINKED SITES MADE AVAILABLE ON THE WEBSITE FROM THIRD-PARTY WEBSITES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR VIVETURE SERVICES OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE OR VIVETURE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU ALSO AGREE THAT VIVETURE HAS NO LIABILITY AND OFFERS NO GUARANTEES RELATING TO ANY OF THE RESULTS THAT MAY BE OBTAINED BY YOUR USE OF THE WEBSITE OR VIVETURE SERVICES OR FROM ANY THIRD-PARTY COMPANY RECOMMENDATIONS OR PRODUCTS, OR FOR THE DESCRIPTIONS OF THIRD-PARTY COMPANY OFFERINGS, PRODUCTS, GOODS OR SERVICES, ADVICE OR RECOMMENDATIONS. YOU ALSO AGREE THAT YOUR USE OF ANY PRODUCTS AND SERVICES OFFERED BY ANY THIRD PARTIES ON OUR WEBSITE OR VIVETURE SERVICES ARE USED AT YOUR SOLE RISK. YOU ALSO AGREE THAT ANY RECOMMENDATIONS THAT YOU RECEIVE ON THE WEBSITE OR VIVETURE SERVICES MADE BY ANY THIRD-PARTY COMPANIES THAT YOU ACT UPON ARE DONE AT YOUR SOLE RISK AND WE HAVE NO LIABILITY WHATSOEVER WITH REGARD TO ANY THIRD-PARTY COMPANY RECOMMENDATIONS.

23.1 No Liability for non-Viveture Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIVETURE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE, INCLUDING THIRD-PARTY SERVICES, IN CONNECTION WITH VIVETURE'S SERVICES, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE VIVETURE SERVICES OR THIRD-PARTY SERVICES, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE VIVETURE SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.

IF YOU HAVE A DISPUTE WITH A PET SITTER OR PET OWNER, YOU AGREE TO RELEASE VIVETURE FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN NO EVENT WILL VIVETURE BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A PET OWNER OR PET SITTER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT'S "ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS." SIMILARLY, THIS SECTION DOES NOT LIMIT VIVETURE'S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM VIVETURE'S OWN INTENTIONAL OR RECKLESS CONDUCT.

24. Governing Law/Arbitration.

By using Viveture's Website or Services, you agree that the laws of the State of Delaware without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Viveture.

25. Disputes

ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF VIVETURE'S WEBSITE OR SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN COOK COUNTY, ILLINOIS EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.

CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA'S CONSUMER RULES"), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION'S WEBSITE.

YOU AND VIVETURE AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.

THE ARBITRATOR SHALL APPLY DELAWARE LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.

IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE COURT LOCATED IN COOK COUNTY, ILLINOIS.

Viveture's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Viveture's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Viveture with respect to such use.

You may not assign or transfer any of your rights or obligations under these Terms of Use, in whole or in part, without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void and of no force or effect. We may assign any and all of our rights and obligations under these Terms of Use freely at any time without notice. Subject to the foregoing, these Terms of Use will bind and insure to the benefit of your and our successors and permitted assigns.

Our failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter, nor shall our waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Whereas the Website has a feature that enables translation of these Terms of Use into a language other than English, the Terms of Use will be governed by the English language version.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

These Terms of Use constitute the entire agreement between you and Viveture with respect to this Website, except as otherwise indicated in these Terms of Use.

26. Communications and Text Messages Terms

When you use the Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us or other uses of the Viveture Services electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Services, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Viveture Services utilizes an inbuilt chat system owned by Getstream which both Pet Owners and Pet Sitters can use to facilitate logistics and the Pet Sitter can use that chat system to send a payment link or share venmo or zelle information with the Pet Owner. You agree that by using the Viveture Services, you are subject to Getstream's Terms of Service. https://getstream.io/.

Your voluntary provision to Viveture of your cell phone number represents your consent that Viveture may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. When you provide your phone number to Viveture, you warrant that you are the current subscriber or authorized user of the relevant account. You understand and agree that such messages may be sent using automated technology. You may unsubscribe from receiving text messages from Viveture at any time. To revoke your consent to receiving SMS or MMS messages from Viveture, you must reply "STOP" from the mobile device receiving the messages.

If you unsubscribe from receiving text messages from Viveture, you may continue to receive text messages for a short period while Viveture processes your request(s). If you change or deactivate the phone number you provided to Viveture, you have an affirmative obligation to immediately update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive Viveture's standard SMS or MMS messages unless you also unsubscribe via the above procedures.

You must comply with all applicable foreign, federal, state, provincial, and local laws, including privacy, data protection and access to information laws, when using the website and services. For example, you are responsible for complying with all telephone recording laws and requirements, including notifying parties that telephone calls are being recorded when required. You are also responsible for, as applicable, complying with the Telephone Consumer Protection Act (TCPA), including ensuring that all voice calls, text messages and any other commercial electronic messages are sent with the recipients' valid consent and include prescribed information and an effective unsubscribe mechanism, to the extent required.

Your Compliance with Texting/SMS Laws. You represent, warrant, and agree that: (i) you or your business shall not send text messages to anyone who uses the Sites on their mobile devices without their explicit written consent; (ii) You or your business shall obtain written consent from anyone who uses the Sites either (a) by anyone who uses the site texting a keyword from their mobile device to join an SMS database; (b) anyone who uses the Sites filling out a paper form or You or your business sending an online form to anyone who uses the site which explicitly states that they are subscribing to receive text messages from you once they provide their phone number. (c) As anyone who uses the Sites opt into SMS marketing campaigns created by You or your business, your business shall send clear, conspicuous disclosure of the text messages to them that they will receive. (d) You or your business shall send instructions to anyone who uses the site on how to opt-out from receiving messages (STOP instructions), as well as how they can get help information (HELP instructions). (e) Your business is required to have a privacy policy conspicuously disclosed on your business' website containing a Text/SMS policy.

27. CONTACT INFORMATION

You may contact Viveture regarding this Website at the following email address: support@viveture.com. Viveture has designated the following email address to receive notifications of claimed copyright infringement involving this Website at: support@viveture.com. Please include in your notice a description of the copyrighted work, a description of where the material you claim is infringing is located on the Website, a statement that you are the copyright owner or its agent, and your address, telephone number, and email address.

28. RIGHTS TO SYNDICATE IMAGES, CONTENT, AND LISTINGS:

You hereby grant to Viveture, its subsidiaries, affiliates, and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use, any and all content that are displayed or submitted to this Website.

29. MISCELLANEOUS:

Nothing contained in this agreement shall be deemed or interpreted to constitute the relationship between you and us as a legal partnership, agency, joint venture or any other relationship in which either you or we are responsible for or shall incur liability to outside parties as a result of the actions or omissions of the other. This agreement shall not be for the benefit of, or enforceable by, any person or entity not a party hereto and shall not confer any rights or remedies upon any party other than you and us and our respective successors and permitted assigns.

30.

It is understood by the parties that Pet Sitters are independent contractors and not an employee of Viveture.

31. Severability:

In the event that any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect to the degree necessary to preserve the intent of the parties.

32. NOTICES:

Any notice required or permitted to be given under this agreement shall be in writing and shall be deemed to have been duly given: when received if personally delivered; when transmitted if transmitted by electronic mail (Email) and a receipt is obtained; the day after it is sent if delivered by overnight delivery service and a receipt is obtained; and five days after it is sent if mailed, first class certified mail, return receipt requested, proper postage prepaid. In each case notices shall be sent to the last known address of the other party.

EFFECTIVE: SEPTEMBER 1, 2025