Terms of Service

These Terms of Service ("Terms") are a binding legal agreement between you and AZ Global LLC ("AZ Global," "Cloudy," "we," "us," or "our") that govern your use of the websites, applications, and other offerings from AZ Global (collectively, the "Cloudy Platform").

Cloudy Platform offers a platform that enables users to offer, search for, and book pet care services ("Cloudy Services"). Users who offer pet care services are "Service Providers" and users who search for, book, or use services are "Pet Owners." Users must register to access and use many features of the Cloudy Platform, and must keep your account information accurate. Service Providers and Pet Owners are referred to as "Cloudy Users."

The Terms govern all use of the services offerred on the Cloudy Platrorm. By agreeing to these terms during the account sign-up process or accessing or using the Cloudy Services without an account, you accept these terms.

Cloudy provides pieces of software including the Cloudy mobile app and web sites only, and it does not own, control, offer or manage any pet care services ("Pet Care Services"). We make no representations or warranties about the quality of boarding, pet sitting, dog walking, house sitting, or other services provided by Service Providers. Service Providers listed on the Cloudy Platform are not under the direction or control of Cloudy, and Service Providers determine in their own discretion how to provide Pet Care Services. Cloudy does not employ, recommend or endorse Service Providers 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 Service Providers or Pet Owners, whether online or offline. We do not screen Service Providers or Pet Owners. You should exercise caution and use your independent judgment before engaging a Service Provider, providing Pet Care Services, or otherwise interacting with users on the Cloudy Platform. Pet Owners and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their pets.

By accessing and using the Cloudy Platrorm, 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 Cloudy Service.

We maintain other terms and policies that supplement these Terms like our Privacy Statement, which describes our collection and use of personal data. If you are a Service Provider, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Pet Care Services.

Pet Owner Terms

Searching and Booking
1. Searching. You can search for Pet Care Services Providers primarily based on your and Service Providers' locations. You can also search Service Providers based on their email addresses if you already know them.
2. Booking. When you send a booking request to Service Providers for a Pet Care Service, you are agreeing the contract the Service Providers may have provided, and agreeing to pay all charges for your booking including the price, applicable fees like Cloudy's platform fee, taxes, and any other items identified during checkout (collectively, "Total Price") to the Service Provider. You can optionally request a Meet and Greet (more on Meet and Greet below).
3. Meet and Greet. You can meet with the Pet Care Service Provider to discuss details of the service you are requesting. Depending on the outcome, you can decide to proceed or not proceed with the booking. The Pet Care Service Provider will be able to accept the booking after you indicated to proceed in the app.
4. Your booking is final when Service Provider accepts your booking request. Depending on the Pet Care Service Provider's cancellation policy, cancellation fees may be charged if you cancel a booking after the Service Provider accepts it.
Payment
1. As a Pet Owner, you understand that use of the Services results in you owing fees to the Pet Care Service Provider.
2. You agree on the Total Price when you create a booking that specifies the fees, time period, cancellation policy, and other terms for provision of pet care services.
3. When the Service Provider uses the DirectPay payment mode, Pet Owners pay agreed Total Price to the Pet Care Service Providers directly. Cloudy charges a small percentage of the Total Price via the payment method registered on uses' accounts.
4. If the Pet Care Service Providers use the Stripe Connect payment mode, Cloudy charges the Total Amount against pet owner's payment methods such as credite card, and Cloudy pays amount to the Pet Care Service Provider minus the Cloudy's platform fees'.
5. The Total Price and details of the fees can be viewed before you create a booking.
6. You agree to provide us with valid, up-to-date credit card or other payment information and to maintain that payment information.
Cancellations, Refunds and Booking Modifications
1. Cancellations and Refunds. In general, if as a Pet Owner you cancel a booking, the amount refunded to you is determined by the cancellation policy that applies to that booking.
2. Booking Modifications. Pet Owners and Service Providers are responsible for any booking modifications they agree to make, and agree to pay any additional amounts, fees, or taxes associated with any modification.
Your Responsibilities and Assumption of Risk
1. Your Responsibilities.
  - Pet Owners are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Cloudy does not performs any review of Service Provider profiles and does not conduct Service Provider Background Checks or Identity Verifications.
  - You understand and agree that any Pet Care Provider is not a contractor, a partner, joint venturer, agent, legal representative, employer, worker, or employee of Cloudy. Pet Care Providers have no ability or authority to represent Cloudy or otherwise make statements or commitments on Cloudy's behalf.
  - Cloudy does not endorse reviews of Service Providers by other Pet Owners that may be available via the Cloudy Platform, and Cloudy makes no commitments that such reviews are accurate or legitimate.

Service Provider Terms

Providing Pet Care Service
1. You certify that, you are legally eligible to provide Pet Care Services in the jurisdiction where you provide Pet Care 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, and permits necessary to legally provide Pet Care Services; and that, when providing Pet Care Services, you will comply with applicable leash, pet waste disposal, and similar laws.
2. 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.
Payment
1. If you use the Direct Pay payment mode (default), you as a Service Provider collect the Total Price from the Pet Owner directly for the pet care services you provide. You agree to pay a percentage of the Total Price ("Platform Fee") with the payment method on file.
2. You are responsible to collect Total Price from the Pet Owners. You can specify when pet owners need to make payments to you in the Cloudy app. For example, you can specify pet owners need to make a full payment before the service start date.
3. When Pet Owner books a service, you and Pet Owner agree on the method of payment such as cash, credit card, etc. that you list on your pet sitter profile. In Direct Payment mode, Cloudy does not specify how the Total Price is paid from the Pet Owners to the Service Providers.
4. If you use the Stripe Connect payment mode supported in selected markets, Cloudy charges pet owners' payment methods and then pays you after subtracting Cloudy platform fees. You do not need to collect payments from pet owners when you use the Stripe Connect payment mode.
5. The Pet Care Service booking is between you and the Pet Owners. Cloudy will not compensate any service fee to you if the Pet Owners fail to pay the fees to the Service Providers. Any payment disputes are between the Pet Owner and Service Provider, and Cloudy has no obligation to mediate or facilitate any resolution.
Cancellations, Refunds and Booking Modifications
1. Cancellations and Refunds. In general, if as a Service Provider you cancel a booking, and if you already received payment for the service that has not been provided, you are responsible for returning the payment. Service Provider may have a specific contract that details how cancellations are handled.
2. Booking Modifications. Pet Owners and Service Providers are responsible for any booking modifications they agree to make, and agree to pay any additional amounts, fees, or taxes associated with any modification. Cloudy app will calculate new Total Price based on the modifications.
Taxes
1. As a Service Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect taxes ("Taxes"). You can specify tax rate for each type of service you provide within the Cloudy app.

Emergencies

Cloudy PetCare provides pet care software only and will not be able to give any types of assistance in case of emergencies. We recommend that both Pet Owners and Service Providers provide emergency contact phone number and email within the app so they can be contacted in an emergency. We also recommends that all users have adequate insurances to cover medical cost and other unexpected expenses.

General Terms

Calls, Text Messages, Emails, and Other Communications.
1. You expressly consent to receive and accept communications from Cloudy and their respective representatives, including via e-mail, telephone calls, text messages (including by an automatic telephone dialing system or a prerecorded voice), push notifications, or other comparable means at any of the e-mail addresses and/or telephone numbers provided by you or on your behalf to Cloudy.
Your Content
1. Parts of Cloudy Platform enable you to upload, submit, store, send, or receive data, information, and content ("Your Content""). You grant Cloudy an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Cloudy Service, and to sublicense these rights to third parties.
2. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Our content policy prohibits, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content.
3. By submitting content, you agree to not post anything that is considered offensive, hateful, or discriminatory towards any individual or group based on race, religion, gender, sexual orientation, or political beliefs, but we reserve the right to determine what constitutes 'offensive' at our sole discretion, and may remove any content we deem inappropriate without explanation.
4. By submitting content, you agree to not post anything that is considered offensive, hateful, or discriminatory towards any individual or group based on race, religion, gender, sexual orientation, or political beliefs, but we reserve the right to determine what constitutes 'offensive' at our sole discretion, and we reserve the right to monitor, screen, edit and/or remove Your Content on the Cloudy Platform. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
Reviews
1. After each Service, Pet Owners and Service Providers may have an opportunity to provide public or private reviews to each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language. Reviews are not verified by Cloudy for accuracy and may be incorrect or misleading.
2. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Statement and that Cloudy has no obligation to preserve or indefinitely store any reviews. If you are a Service Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Cloudy Service, whether before or after termination of your account for the Cloudy Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Cloudy Service at any time.
Fees
1. Cloudy may charge fees (and applicable Taxes) to Pet Owners and Service Providers . Except as otherwise provided on the Cloudy Platform, service fees are non-refundable. Cloudy reserves the right to change the service fees at any time, and will provide Cloudy Users notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time.
Use of Cloudy Platform and Suspension.
1. Rules. You must follow these rules and must not help or induce others to break or circumvent these rules. We reserve the right to not provide the Services to any person. We also reserve the right to suspend or terminate any user's right to access the Services at any time, in our sole discretion, for any reason (or no reason at all), including, without limitation, with respect to Pet Owners, below average ratings or reviews of you by Pet Care Providers. If your conduct on the Services or with respect to the Services is inappropriate or unsafe or you violate any of these Terms, your permission to use the Services automatically terminates.
  - Act with integrity and treat others with respect
  - Do not lie, misrepresent something or someone, or pretend to be someone else.
  - Be polite and respectful when you communicate or interact with others.
  - Do not discriminate or harass others.
  - Do not scrape, hack, reverse engineer, compromise or impair the Cloudy Platform
  - Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Cloudy Platform.
  - Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Cloudy Platform or Content.
  - Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Cloudy Platform.
  - Do not take any action that could damage or adversely affect the performance or proper functioning of the Cloudy Platform.
  - Only use the Cloudy Platform as authorized by these Terms or another agreement with us
  - You may only use another Cloudy Users' personal information as necessary to facilitate a transaction using the Cloudy Platform as authorized by these Terms.
  - Do not use the Cloudy Platform, our messaging tools, or Cloudy Users' personal information to send commercial messages without the recipient's express consent.
  - You may use Content made available through the Cloudy Platform solely as necessary to enable your use of the Cloudy Platform as a Pet Owner or Service Provider.
  - Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
  - Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by Cloudy.
  - Do not engage in any practices that are intended to manipulate our search algorithm.
  - Do not book Pet Care Services unless you are actually using the Pet Care Services.
  - Do not use, copy, display, mirror or frame the Cloudy Platform, any Content, any Cloudy branding, or any page layout or design without our consent.
  - Honor your legal obligations
  - Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
  - If you provide us with someone else's personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
  - Read and follow our Terms, Policies and Standards.
  - Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation that violates our rules for parties and events, as incorporated by reference herein.
  - Do not use the name, logo, branding, or trademarks of Cloudy or others without permission.
  - Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Cloudy branding.
  - Do not offer Pet Care Services that violate the laws or agreements that apply to you.
Reporting Violations. If you believe that a Cloudy User, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Cloudy. In addition, if you believe that a Cloudy User, Listing or Content has violated our Standards, you should report your concerns to Cloudy. If you reported an issue to local authorities, Cloudy may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
Copyright Notifications. If you believe that Content on the Cloudy Platform infringes copyrights, please notify us.
Termination, Suspension and other Measures.
1. Term. The agreement between you and Cloudy reflected by these Terms is effective when you access the Cloudy Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
2. Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Cloudy may terminate this agreement and your account for any reason by giving you 30 days' notice via email or using any other contact information you have provided for your account. Cloudy may also terminate this agreement immediately and without notice and stop providing access to the Cloudy Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Cloudy, Cloudy Users, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
3. Cloudy User Violations. If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Cloudy believes it is reasonably necessary to protect Cloudy, its Cloudy Users, or third parties; Cloudy may, with or without prior notice:
4. Legal Mandates. Cloudy may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.
5. Effect of Termination. If you are a Service Provider and terminate your Cloudy account, any confirmed booking(s) will be automatically canceled and the Pet Owner will receive a full refund. If you terminate your account as a Pet Owner, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the booking's cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Cloudy Platform has been limited, or your Cloudy account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Cloudy Platform through an account of another Cloudy User.
6. Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement.
Modification.
1. Cloudy may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Cloudy Platform and update the "Last Updated" date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Cloudy Platform will constitute acceptance of the revised Terms.
Indemnification.
1. To the maximum extent permitted by applicable law, you agree to release, defend (at Cloudy's option), indemnify, and hold Cloudy (including Cloudy affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature), (ii) your improper use of the Cloudy Platform, (iii) your interaction with any user, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
United States Governing Law and Venue.
1. If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Washington and the United States of America, without regard to conflict-of-law provisions.
Miscellaneous.
1. Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Cloudy and you pertaining to your access to or use of the Cloudy Platform and supersede any and all prior oral or written understandings or agreements between Cloudy and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Cloudy. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 23.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word "will" is used in these Terms it connotes an obligation with the same meaning as "shall."
2. No Waiver. Cloudy's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
3. Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Cloudy's prior written consent. Cloudy may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days' prior notice.
4. Notice. Unless specified otherwise, any notices or other communications to Cloudy Users permitted or required under this agreement, will be provided electronically and given by Cloudy via email, Cloudy Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide. If a notification relates to a booking or Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Cloudy's obligations under Article 59 (1) of the Japanese Housing Accommodation Business Act.
5. Third-Party Services. The Cloudy Platform may contain links to third-party websites, applications, services or resources ("Third-Party Services") that are subject to different terms and privacy practices. Cloudy is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
6. Google Terms. Some translations on the Cloudy Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Cloudy Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
7. Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement.
8. Cloudy Platform Content. Content made available through the Cloudy Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Cloudy and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Cloudy Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Cloudy grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Cloudy Platform and accessible to you, solely for your personal and non-commercial use.
9. Force Majeure. Cloudy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
10. Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Cloudy account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Cloudy account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.
11. Contact Us. If you have any questions about these Terms please email us.