PLEASE READ THESE TERMS CAREFULLY. SECTION 18 CONTAINS A BINDING ARBITRATION AGREEMENT WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US BE RESOLVED BY BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. SECTION 18 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.
UNLESS YOU OPT OUT WITHIN 30 DAYS IN ACCORDANCE WITH SECTION 18.11: (1) YOU MAY PURSUE CLAIMS AGAINST US ONLY THROUGH BINDING, FINAL, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING; AND (2) YOU WAIVE YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL.
A few things these Terms ask you to understand up front:
- You must be at least 18 years old to use Mraav, whether you are booking care or providing it (Section 3).
- Mraav is a marketplace, not a cat sitting company. We do not provide cat care and we do not employ Sitters. Sitters are independent service providers who decide for themselves how they work (Sections 2.1 and 2.2).
- When you and another user agree to a Booking, the contract for that care is between the two of you. Mraav is not a party to it (Section 2.4).
- Cat Parents are responsible for deciding whether a Sitter is right for their cat. Our vetting is real, but it is a starting point, not a guarantee (Sections 2.7 and 10).
- The price you see when you book is the price you pay. Our service fee is 25% of that all-in price and is already inside it, it is never deducted from what the Sitter listed, and a Sitter may not charge you anything on top of it (Section 9.4).
- Where a Booking cannot be resolved between the two of you, Mraav may cancel it. That is not the same as either of you cancelling, and Mraav determines how the money is allocated (Section 9.14).
- The Mraav Service is provided "as is," without warranty (Section 16), and our liability to you is limited (Section 17).
- The Mraav Pledge is a discretionary goodwill program that we fund ourselves. It is not insurance and it does not expand our liability (Section 11).
- You agree to indemnify us for claims arising out of your Bookings, your conduct, and your content (Section 14).
1. Acceptance of These Terms; Changes
These Terms of Service (the "Terms") are a binding legal agreement between you and Nine Labs LLC, a California limited liability company with a mailing address at 1120 Sycamore Ave., Suite 2G, Vista, California 92081("Mraav," "we," "us," and "our"). The Terms govern your use of our websites, mobile applications, and related tools and services for Cat Parents and cat Sitters to find each other, communicate, and arrange in-home cat care, together with anything else we may offer from time to time (collectively, the "Mraav Service"). They apply however you reach us: at mraav.com and app.mraav.com, through our iOS and Android apps, or through our email support.
Our Privacy Policy, our Payments & Refunds policy, the Mraav Pledge, and the Veterinary Care Release are incorporated into these Terms by reference.
BY AGREEING TO THESE TERMS DURING SIGN-UP, OR BY ACCESSING OR USING THE MRAAV SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THEM, DO NOT USE THE MRAAV SERVICE.
We may change these Terms from time to time. Except as described in Section 18.12, changes take effect when we post the modified Terms on the Mraav Service, unless applicable law requires otherwise. We will make a reasonable effort to tell registered users about material changes by email or by a notice in the app, but your continued use of the Mraav Service after we post modified Terms is your agreement to be bound by them. If a change is not acceptable to you, you should cease using the Mraav Service and close your account.
2. The Mraav Service
2.1 Nature of the Mraav Service
The Mraav Service is a website, a set of mobile applications, and the related tools and support that cat parents ("Cat Parents") and independent providers of cat care ("Sitters") use to find each other, communicate, agree on care, and pay for it. Cat Parents and Sitters are together referred to as "users." The care itself, whether a drop-in visit or an overnight stay, is referred to as "Cat Care Services." We charge fees for parts of the Mraav Service, as described in Section 9.
A single person may hold both roles. Being a Sitter does not limit your rights as a Cat Parent, and the obligations in these Terms apply to you in whichever capacity you are acting.
2.2 Mraav Does Not Provide Cat Care Services
MRAAV IS A NEUTRAL VENUE. MRAAV IS NOT A SITTER, DOES NOT PERFORM CAT CARE SERVICES, AND DOES NOT EMPLOY ANYONE TO PERFORM THEM. SITTERS ARE INDEPENDENT SERVICE PROVIDERS AND ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF MRAAV.
Sitters are not under our direction or control. They set their own rates, choose which services they offer and where, decide their own availability, decide which requests to accept, and decide how to carry out a sit. They use their own supplies and their own methods, they work under their own name, and nothing in these Terms stops them from taking clients elsewhere, including on competing platforms.
We make no representations or warranties about the quality of any Cat Care Services or about your interactions with other users. We review every Sitter profile before it goes live and, as permitted by law, we arrange third-party background checks (Section 10), but except where the Mraav Service says otherwise we do not screen users further. To the maximum extent permitted by law, we are not responsible or liable for the performance or conduct of any user, online or offline.
Mraav is not responsible for and will not be liable for any tax payment or withholding, unemployment or employment insurance, social security, workers' compensation, disability insurance, or any other federal, state, or local withholding in connection with a user's use of the Mraav Service.
2.3 Release
Subject to Section 17, Mraav has no liability for any claim, injury, loss, harm, or damage arising from or in any way related to your interactions or dealings with other users, or to the acts or omissions of Cat Parents and Sitters, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by law, YOUR USE OR PROVISION OF CAT CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. Any financial obligation we may have to you in connection with another user's conduct is limited to the reimbursement described in the Mraav Pledge.
2.4 Transactions Are Between Cat Parents and Sitters
The Mraav Service is used to find and offer Cat Care Services and to move money for them, but every transaction is between a Cat Parent and a Sitter. When you and another user agree on the terms of a Booking, you form a contract directly with each other on those terms. Mraav is not a party to that contract, and its formation does not create an employment relationship between Mraav and the Sitter, or between the Cat Parent and the Sitter. Users have no authority to make commitments on Mraav's behalf.
Beyond running the platform, our role is to act as the Sitter's limited payment collection agent, so that a Cat Parent's payment can be collected and delivered through the Mraav Service. In acting as that limited agent we disclaim any other agency or authority, and we assume no responsibility for a Sitter's acts or omissions, on or off the Mraav Service.
2.5 Bookings
A "Booking" is formed through the booking flow on the Mraav Service and sets out the service type, the dates and visit times, the cats being cared for, the price, and the Sitter's cancellation policy. A Cat Parent starts a Booking by sending a request. Payment is authorized and collected at that moment (Section 9.2), which is what holds the dates.
A Sitter has 24 hours to respond to a request. A Sitter is never obliged to accept and may decline for any reason. If a Sitter declines, or does not respond inside the 24-hour window, the request expires and the Cat Parent is refunded in full, automatically. Once a Booking is confirmed, both of you agree to honor its price and its other terms.
2.6 The Meet & Greet
Before a Cat Parent's first Booking with a given Sitter, the two of you complete a free meet & greet, in person or by video, depending on what that Sitter offers. The meet & greet is where the Sitter confirms the sit. It is a required step, and its purpose is to let both of you decide, without cost or pressure, whether this is a good fit for their cat. It is free: a Sitter may not charge for a meet & greet or ask a Cat Parent to pay for one (Section 9.4).
Either party may decide that the arrangement is not a fit. The outcome is the same whichever of them does so: the Booking is cancelled and the Cat Parent is refunded in full, whatever cancellation policy the Sitter has set. Neither party is required to give a reason, and neither is penalised for declining.
That full refund is available for 24 hours after the meet & greet is complete. After that window the Booking is treated like any other, and a cancellation follows the ordinary rules in Section 9.5.
Failing to attend a scheduled meet & greet, or repeatedly cancelling them, may result in suspension under Section 4.2.
2.7 Cat Parents Are Solely Responsible for Evaluating Sitters
Cat Parents are solely responsible for deciding whether a Sitter is suitable for their cat and their home. That responsibility includes reviewing the Sitter's profile and reviews, raising any questions in the message thread, and using the meet & greet for the purpose it serves. Although we review Sitter profiles and arrange background checks, that screening is limited, and we do not warrant that it is accurate, complete, conclusive, or current. We do not endorse any Sitter, and we do not endorse or verify reviews written by other users. Cat Parents and Sitters are each responsible for making the decisions that are in the best interests of themselves and the cats in their care.
2.8 Changes to a Confirmed Booking
A Cat Parent may propose a change to a confirmed Booking, such as different dates, a different service, a different number of visits, or a different set of cats. A proposed change is not effective until the Sitter accepts it. The Sitter has 24 hours to respond; if they do not, the proposal expires and the original Booking stands unchanged. The money consequences of an accepted change are described in Section 9.6.
2.9 Visit Updates
Sitters send a visit update after each visit: a short note about how the cats in their care are doing, usually with photos. Visit updates are written by the Sitter. Optional AI assistance is available to help shape a note the Sitter has already written, and the Sitter remains responsible for the accuracy of everything they send (Section 7.7). A visit update is a courtesy and a record, not a substitute for veterinary judgment, and Mraav does not verify the contents of any visit update.
2.10 Emergencies and the Veterinary Care Release
Cat Parents should give their Sitter a way to reach them during a sit and should keep an emergency contact and a veterinarian on file. Sitters agree to contact the Cat Parent immediately if veterinary care appears necessary and, if the Cat Parent cannot be reached, to contact the emergency contact and then Mraav at hello@mraav.com.
Cat Parents sign a separate Veterinary Care Release, which authorizes their Sitter to transport their cat for care and to request emergency treatment when the Cat Parent cannot be reached, and which makes clear that the cost of that care is the Cat Parent's responsibility. The Release is versioned: if we revise it, you will be asked to accept the new version. Where you have signed it, you also authorize your cat's veterinarian to release relevant records to your Sitter and to Mraav in connection with that care.
Subject to Section 17, you release your Sitter and Mraav from any injury, damage, or liability arising from the provision of emergency care, or from a decision not to seek it, under this section. We strongly recommend that Cat Parents carry pet insurance adequate to cover veterinary costs.
2.11 Access to Your Home; Cats Left Without Care
Cat Parents are responsible for giving their Sitter working access to the home for the dates in the Booking, and for telling the Sitter about anything in the home that affects the sit. A Cat Parent's address is shared with a Sitter only once a Booking is confirmed.
If a Booking ends and the Cat Parent cannot be reached and has made no arrangement for the cat's ongoing care, Mraav or the Sitter may, at their discretion, arrange alternative care, including contacting the emergency contact, extending care, or transferring the cat to a veterinarian, a boarding facility, or an animal welfare authority. We will make reasonable efforts to reach the Cat Parent and their emergency contact first. The Cat Parent agrees to reimburse Mraav and the Sitter for the costs of any such arrangement, and authorizes us to charge their payment method for those costs.
We also reserve the right, in our discretion, to end a Booking early where we believe it is necessary for the safety of a cat, a Sitter, or any other person. Section 9.14 sets out the basis on which Mraav does so and the treatment of any amount already collected.
2.12 Where We Operate
Mraav currently operates in California only. Prices are shown and charged in U.S. dollars, times are shown in U.S. Pacific time, and the Mraav Service is offered in English. We have no obligation to provide the Mraav Service in any particular place, or to keep providing it once we have begun.
3. Eligibility; Certification of Compliance with Applicable Law
By accessing and using the Mraav Service, you certify that you are at least 18 years old, that you have the authority to enter into these Terms, and that you will comply with all laws and regulations that apply to your activities on or related to the Mraav Service. If you are entering into these Terms on behalf of a business, you certify that you have authority to bind it.
For Cat Parents, this means, among other things, that:
- your cats are vaccinated, licensed, and identified as required by the laws that apply where you live;
- the information you give about your cats is accurate and current, including health conditions, medications, behavioral issues, bite or scratch history, and anything else a Sitter needs to know to keep themselves and your cat safe; and
- you carry and will maintain any insurance you are required to carry in connection with your cats and your home.
For Sitters, this means, among other things, that:
- you are legally eligible to provide Cat Care Services where you provide them, and you have obtained every business license, tax registration, and permit that doing so legally requires;
- you carry the insurance appropriate to the services you offer. Mraav does not insure Sitters, does not provide workers' compensation, and does not cover injuries to Sitters; and
- the experience, qualifications, and availability on your profile are described accurately.
You acknowledge that Mraav is entitled to rely on these certifications, is not responsible for confirming that users have complied with the law, and will not be liable for a user's failure to do so.
4. Use of the Mraav Service; Suspension
4.1 Your Conduct on the Mraav Service
When you use the Mraav Service, you agree:
- To use it lawfully and only for what it is for.
- Not to use it to arrange care for any animal other than a domestic cat, for any animal whose ownership or third-party care is prohibited by law, or for any animal with a history of attacks on people or other animals that you have not disclosed.
- Not to find a Booking through Mraav and then take the transaction off the platform, and not to plan, request, or agree to pay or be paid for a sit outside the Mraav Service.
- Not to ask a Cat Parent to pay anything beyond the price in the Booking, in cash, by transfer, or by any other means. Charging for a meet & greet is a breach of this rule. See Section 9.4.
- Not to use the Mraav Service to compete with us or to promote other products or services.
- Not to post a review that is not based on your own firsthand experience, that is deliberately inaccurate or misleading, or that violates these Terms.
- Not to post content that is pornographic, threatening, harassing, abusive, defamatory, or discriminatory, that contains nudity or graphic violence, that incites violence, or that violates the law or the rights of others, including privacy and intellectual property rights.
- Not to post spam or unauthorized commercial messages.
- Not to give false information in your profile or at registration, and not to create multiple or duplicate accounts.
- Not to impersonate anyone, and not to transfer or let anyone else use your account.
- Not to use promotional credit contrary to the spirit of the program, including using it on a Booking within your own household or with someone you share a cat with.
- Not to submit viruses or malicious code, interfere with the Mraav Service or with anyone else's use of it, or scrape, crawl, or harvest data or other users' personal information from it.
- Not to solicit another user's password, payment details, or other sensitive personal information.
4.2 Suspension and Termination
We may suspend or terminate your access to the Mraav Service (1) if in our discretion your conduct is inappropriate, unsafe, dishonest, or in breach of these Terms, or (2) where we believe it is necessary to protect Mraav, our users, cats, or the public. We may suspend your account while we investigate. We will tell you in writing what we have decided, and you may appeal by writing to hello@mraav.com within 14 days.
If we suspend or terminate your account, you may not register a new one, under your own name or anyone else's. You may stop using the Mraav Service at any time. Any outstanding payment obligation survives suspension or termination, and these Terms remain enforceable against you afterwards.
4.3 Blocking, Reporting, and Unsafe Content
We take steps to keep the Mraav Service safe. These include prohibiting illegal content under Section 4.1, giving you the ability to block another user and to report a profile, a message, or a review for us to review, removing content that breaches these Terms, and suspending or deactivating users who post it. Blocking is silent to the person blocked and does not delete the conversation history either of you already has. You can report unsafe or illegal content at any time by contacting us as described in Section 24.
4.4 Deleting Your Account
You may delete your account from your account settings. Deleting anonymizes your profile and removes you from the Mraav Service, while retaining the records we are required to keep, such as booking and payment history and the record of a completed sit for the other party to that sit. Deletion is blocked while you have active obligations, such as an upcoming or in-progress Booking or an unresolved payment, and those must be resolved first.
5. Registration; Account Security
To use most of the Mraav Service you need an account. You agree to give accurate information about yourself and to keep it current, not to impersonate anyone, and not to keep more than one account. You are responsible for the confidentiality of your credentials and for everything that happens under your account, including activity you did not authorize. You agree to notify us promptly at hello@mraav.com if you believe your account has been compromised. If we discover that information you gave at registration is false, we may suspend or deactivate your account.
Logging out signs you out of the device you are using. To sign out everywhere, use "Log out on all devices" in your settings.
6. Privacy
How we collect and use your personal information is described in our Privacy Policy. By accessing or using the Mraav Service, you acknowledge that you have read and understood it.
7. Your Content
7.1 Your Content
"Your Content" means the text, photographs, images, videos, reviews, information, and other material you submit to the Mraav Service or to other users: profile copy and photos, cat profiles and care notes, messages, visit updates and the photos in them, reviews, and anything you send us for a promotional campaign.
7.2 License
Subject to the limits in our Privacy Policy, and to the maximum extent permitted by law, you grant Mraav a non-exclusive, worldwide, fully paid, irrevocable, perpetual, sublicensable license to use, copy, display, reproduce, adapt, modify, transmit, prepare derivative works of, and distribute Your Content in connection with providing and promoting the Mraav Service.
Private content stays private. Messages between users, visit updates, cat care notes, and reviews that the Mraav Service does not display publicly are used to operate the Mraav Service and are not published or used in marketing without your permission.
7.3 Release
If your name, voice, image, likeness, or performance appears in Your Content, you waive and release Mraav and its users from any claim for defamation, copyright infringement, or invasion of the rights of privacy, publicity, or personality arising out of use of Your Content in accordance with Section 7.2 and these Terms.
7.4 Your Representations and Warranties About Your Content
You represent and warrant that:
- you own or are licensed to use Your Content, and have every right, consent, and permission needed to grant the license in Section 7.2 and make the release in Section 7.3;
- you have any consents needed from people who appear, or whose cats appear, in Your Content;
- Your Content is not false, misleading, fraudulent, defamatory, obscene, harassing, or harmful to minors;
- Your Content does not infringe anyone's intellectual property, privacy, or publicity rights and contains no malicious code; and
- Your Content does not claim or imply that you are employed by, or act as an agent of, Mraav.
7.5 Our Right to Screen or Remove
We are not obliged to monitor Your Content, but we reserve the right to screen, edit, or remove it. Enforcing these Terms in one instance does not waive our right to enforce them in another. We have no obligation to retain Your Content or to give you copies of it, and no liability to you for its deletion, disclosure, loss, or modification. Keeping your own backups is your responsibility.
7.6 Reviews
After a completed Booking, a Cat Parent may review their Sitter, and that review appears publicly on the Sitter's profile. A Sitter may also review a Cat Parent. Sitter reviews of Cat Parents are visible to Sitters and to Mraav, and are not shown to the Cat Parent they describe. Where a Sitter records a negative experience, they are asked to explain it.
Reviews are the opinion of the user who wrote them, not of Mraav, and we do not verify or endorse them. A review must be honest and based on the writer's firsthand experience. We have no obligation to store reviews indefinitely, to give you the content of a review written about you, or to mediate a disagreement about one, and we reserve the right to screen, edit, or remove a review that breaches these Terms. You may ask us to remove one by writing to hello@mraav.com.
7.7 AI Assistance
Parts of the Mraav Service offer optional AI assistance, such as help shaping a visit update a Sitter has drafted. Using it is always a choice. AI-assisted output can be wrong, and the user who sends it is responsible for its accuracy. It is not veterinary advice, and neither Mraav nor any AI feature should be relied on for a decision about an animal's health. Nothing produced with AI assistance changes who is responsible for Your Content under this Section 7.
8. Email, Text, and Push Communications
You consent to receive communications from us about the Mraav Service, including technical notices, security alerts, booking and payment notifications, and support and administrative messages, by email, SMS, push notification, and other electronic means, at the contact details on your account. Some of these are essential to running a Booking and cannot be turned off while you have an active account.
You may also consent to marketing messages. You are not required to accept marketing messages in order to use the Mraav Service, and you can opt out at any time from your notification settings or by following the unsubscribe instructions in the message. Your carrier's normal message and data rates apply.
You confirm that any phone number you give us is yours. If you give up a mobile number, update your account promptly so that messages are not sent to its subsequent subscriber.
9. Fees and Payment
9.1 Currency
Every fee, deductible, and payment on the Mraav Service is listed and payable in U.S. dollars.
9.2 What a Cat Parent Pays
When you send a Booking request, you enter into a transaction with the Sitter and agree to pay the total shown, which already includes our service fee. Your card is charged when you send the request, and we hold the funds until the visits are complete. The Sitter, not Mraav, is responsible for performing the Cat Care Services. If the Sitter declines, or the request expires unanswered, you are refunded in full.
9.3 What a Sitter Earns
A Sitter who accepts a Booking agrees to honor the price in it. The Sitter receives their full listed rate for the service, plus any tip, with our service fee never deducted from it. Payment is collected from the Cat Parent at the time of the request and, subject to any hold under Section 9.8, released to the Sitter approximately 24 hours after the last visit day.
9.4 Our Service Fee; the Price in the Booking Is the Whole Price
Mraav charges a service fee equal to 25% of the all-in price a Cat Parent pays. It covers payment processing, support, and running the platform. The fee is included in the price shown at booking, and no further amount is added at checkout. Full detail is in our Payments & Refunds policy.
That price is the entire amount a Cat Parent owes for that care. A Sitter may not ask a Cat Parent for any further payment, in any form. That includes a fee for the meet & greet, which is always free (Section 2.6); a surcharge for additional cats, for a holiday, for a longer visit, for travel, or for supplies; a deposit; a cancellation fee of the Sitter's own; and any cash or app-to-app payment made outside the Mraav Service. If the work changes, the way to be paid for it is to agree a change to the Booking under Section 2.8, which reprices it through the platform and keeps both of you covered.
The only amounts a Cat Parent ever owes beyond the Booking price are the ones these Terms expressly provide for: a tip they choose to send (Section 9.7), the cost of veterinary care they have authorized (Section 2.10), and the cost of alternative care where a cat is left without it (Section 2.11).
Asking a Cat Parent for money outside the Booking is a serious breach of these Terms. It undoes the price the Cat Parent agreed to, and it moves money off the record, where neither of you has the protection of the platform. We may remove a listing, withhold a payout under Section 9.8, and suspend or terminate an account under Section 4.2 for it. A Cat Parent who is asked to pay anything outside Mraav is under no obligation to pay it, and should report the request to hello@mraav.com.
9.5 Cancellations and Refunds
Every Sitter selects one of four cancellation policies, and it is shown on their profile and again before a Cat Parent confirms. If a Cat Parent cancels, the refund follows the Sitter's policy and how far in advance the cancellation lands. The part that is not refunded goes to the Sitter for holding the dates.
Three cases give a full refund whatever policy the Sitter selected:
- the Sitter has not accepted the request yet, since nothing has been held;
- the cancellation is within 24 hours of booking and the first visit is still at least 24 hours away; and
- either of you decides it is not a fit within 24 hours of the meet & greet (Section 2.6).
If a Sitter declines a request or cancels a confirmed Booking, the Cat Parent is refunded 100%, whatever the policy. A Sitter who repeatedly cancels accepted Bookings without justification may have their account deactivated. The payment processing fee on a transaction is not refundable.
Mraav may also intervene. Where a Cat Parent and a Sitter are in a Booking Dispute (Section 9.13), or where Mraav believes a Booking should not proceed for the safety of a cat or a person, Mraav may cancel it, before a sit begins or partway through one. A cancellation of this kind is a separate category rather than a variation on the two above: it is neither a cancellation by the Cat Parent nor one by the Sitter, and accordingly neither the Sitter's policy nor the automatic full refund for Sitter cancellations applies to it. The amount already collected is held pending Mraav's determination of how it should be allocated, and it may be allocated to either party or divided between them. Section 9.14 sets out the basis for that determination and what Mraav will communicate to the parties.
Separately, where we determine in our reasonable discretion that a Sitter has failed to provide the Cat Care Services as agreed, or is otherwise in breach of these Terms, we may cancel the Booking and refund the Cat Parent in full or in part.
Cancellations must be made through the Mraav Service. The date of cancellation is the date it is recorded there, regardless of anything the parties may have communicated to each other elsewhere.
The current bands for each policy are set out in the Payments & Refunds policy.
9.6 Changes to a Confirmed Booking
Where a Sitter accepts a proposed change (Section 2.8) that increases the price, the Cat Parent is charged the difference at that moment, and the change takes effect only if that charge succeeds. Where it decreases the price, the difference is refunded to the original payment method. A change never alters the Sitter's cancellation policy for that Booking.
9.7 Tips
After the visits are done, a Cat Parent may tip their Sitter. Tips are optional, go entirely to the Sitter, and carry no service fee. A tip is charged as a separate transaction at the time it is sent.
9.8 Payouts and Payment Holds
Sitter earnings are released about 24 hours after the last visit day and then transferred by our payment processor on its normal schedule. Sitters who connect an eligible debit card may cash out an available balance instantly for a fee shown before they confirm; standard bank payouts are free.
We reserve the right to hold amounts otherwise payable to a Sitter where there is a reasonable suspicion of fraud involving the account, or for other similarly compelling reasons involving the protection of Mraav, our users, or third-party rights. We may also ask our payment processor to restrict access to funds in those circumstances.
9.9 Discounts and Promotional Codes
We may offer discount codes and promotions, and we may change or withdraw them at any time. A platform-funded discount reduces our service fee only, so the Sitter is still paid their full listed price. A Sitter may also choose to offer a first-client discount that they fund themselves, at a percentage they select from the options we make available. It applies to the all-in price and comes entirely out of that Sitter's earnings on the Booking, and it is shown to the Cat Parent before they book.
Codes are subject to their own terms, including any first-booking or one-per-user limit. We may withhold or claw back a discount that was applied in error, fraudulently, or in breach of the code's terms or these Terms.
9.10 Authorization to Charge
You agree to keep a valid payment method on file for as long as you have a confirmed Booking outstanding, and you authorize us to charge it for fees as they fall due, including additional charges expressly described in these Terms. If a charge fails because your payment information is no longer valid, neither Mraav nor the Sitter is responsible for services not provided as a result. Except as these Terms expressly provide, fees paid through the Mraav Service are non-refundable.
9.11 Taxes
Except for taxes on Mraav's own income and gross receipts, and except where we are required to collect tax, you are solely responsible for any tax arising from your purchase, provision, or use of Cat Care Services. Sitters are independent service providers responsible for their own taxes. Where reporting thresholds are met, our payment processor issues the applicable tax form, such as a 1099, directly to the Sitter, so keep your contact and tax details current in your payout settings. We may be required to collect or report tax information about you, and you agree to give us the documentation we need. Mraav cannot give tax advice.
9.12 Payment Processing
Payment processing is provided by Stripe, and we reserve the right to change or add processors. Processing is subject to the Stripe Services Agreement and, for anyone receiving payments, the Stripe Connected Account Agreement (together, the "Stripe Terms"). To be paid through the Mraav Service, a Sitter must set up a Stripe account and accept the Stripe Terms, including any identity and tax-information requirements.
You authorize Mraav to obtain the access to your Stripe connected account needed to facilitate payments for Cat Care Services, including requesting refunds where appropriate, and to share your information and transaction data with Stripe for that purpose. If you are a Sitter, you further agree that: (a) you appoint Mraav as your agent for the sole purpose of accepting payments on your behalf from Cat Parents; (b) payment received through the Mraav Service is treated as payment to you; and (c) if such a payment is not delivered to you, your sole recourse is against Mraav and you will not seek it from the Cat Parent.
9.13 Booking Disputes: Raising a Problem with a Booking or a Payment
A "Booking Dispute" is a disagreement between a Cat Parent and a Sitter about a Booking that the two of you have not been able to settle between yourselves, and that one of you has brought to us or that we have identified ourselves. Common examples: the care was not delivered, or not delivered as agreed; a cat was harmed, or a home was damaged; a home, a cat, or a set of care instructions was materially different from how it was described; one of you says the other has broken these Terms; or one of you refuses to begin or continue the sit. Those are examples and not a closed list. A Booking Dispute also includes any other disagreement about a Booking that the two of you have not resolved between yourselves and that, in our reasonable judgement, we should decide.
Not every complaint is a Booking Dispute. A question about a charge, a refund request that the Sitter's cancellation policy already answers, a scheduling change, a review you disagree with, or an apology owed and not given is not a Booking Dispute on its own, and we will not usually treat one as if it were. It becomes one when the two of you disagree about what should happen to the Booking or to its money and cannot resolve it between you, or when we reasonably judge that it has grown into something we should decide.
Either of you may raise a Booking Dispute. We may also treat a matter as one on our own initiative, without either of you asking, where a cat's welfare or a person's safety is involved. Where a Booking Dispute cannot be resolved, we may cancel the Booking under Section 9.14.
A Booking Dispute should be raised with Mraav at hello@mraav.com, and raised promptly. Timing is material: a Sitter's earnings are released approximately 24 hours after the last visit day (Section 9.8), and once funds have been disbursed our ability to act on them is substantially reduced.
On receiving a Booking Dispute, Mraav will review the Booking, the message thread, and the visit updates, and will ask each party for their account of events. Where the facts warrant it, Mraav may cancel the Booking, issue a full or partial refund under Section 9.5, hold a payout under Section 9.8, or allocate a held payment under Section 9.14. Mraav decides on the record as it exists on the Mraav Service. Communications and arrangements conducted off the platform form no part of that record.
Mraav's role is limited, and it does not extend to adjudicating legal claims between users. Once a Sitter's earnings have been released, a continuing disagreement about them is between the Cat Parent and the Sitter, and Mraav has no obligation to mediate it and no ability to reverse it.
A Cat Parent should raise a Booking Dispute with Mraav before disputing a charge with their card issuer. A chargeback filed in place of a Booking Dispute freezes the Booking's funds with our payment processor, takes several weeks to resolve, and produces an outcome that neither party controls. Mraav may suspend an account or hold funds while a chargeback is outstanding. Chargebacks and card disputes are ultimately resolved by our payment processor and the card issuer, not by Mraav.
Mraav has no responsibility or liability for any payment arranged or made outside the Mraav Service, and arranging one is a breach of Section 4.1.
A Booking Dispute is a disagreement between two users, and this section governs it. A dispute between you and Mraav is a different thing entirely: those are the "Claims" defined in Section 18, and Section 18 governs them.
9.14 Bookings Cancelled by Mraav
Most Bookings that end early end under Section 9.5: one party cancels, and that party's rules apply. In some cases neither set of rules is appropriate. Where a Booking Dispute (Section 9.13) cannot be resolved, or where Mraav believes a Booking should not proceed for the safety of a cat, a Sitter, a Cat Parent, or any other person, Mraav may cancel the Booking itself. It may do so before a sit begins or while one is under way. Both parties will be notified as soon as it has, and Mraav will follow up with each of them regarding the payment.
A cancellation by Mraav is its own category. It is not a cancellation by the Cat Parent and it is not a cancellation by the Sitter, so neither the Sitter's cancellation policy nor the full-refund rule for Sitter cancellations applies to it automatically.
Where Mraav cancels a Booking, the amount already collected is held: it is neither refunded nor paid out automatically. Mraav then determines how that amount is allocated between the Cat Parent and the Sitter, in its reasonable discretion and on the facts of the case, and notifies both parties of the determination and the reasons for it. The factors Mraav weighs include how much of the care was actually delivered, the steps each party took to resolve the matter before it was escalated, whether either party caused the cancellation or made it unavoidable, whether a Sitter withdrew for a genuine safety reason, and the record on the Mraav Service. An allocation may be made entirely to one party, entirely to the other, or divided between them. Any refund is returned to the Cat Parent's original payment method, and any amount allocated to the Sitter is paid out through their usual payout account. Mraav will act on the determination promptly.
Because an allocation of this kind turns on an assessment of which party was in the right, it is deliberately not governed by a fixed formula, and Mraav does not commit to one in advance. Mraav does commit to determining it on the facts, and to giving both parties the outcome and the reasons for it.
Guidance from Mraav's support team describing the outcome under a different set of facts, such as what a Sitter would receive were a Cat Parent to cancel, describes that scenario and no other. It is not a commitment in respect of a Booking that ends by some other route, including one that Mraav cancels itself.
Nothing in this section limits our rights under Section 4.2 to suspend or terminate an account.
10. Sitter Vetting and Background Checks
Before a Sitter's profile goes live, we review it, we read their references and their answers to cat-specific screening questions, and we arrange for a third-party consumer reporting agency to run a background check that verifies identity and searches criminal records ("Background Checks"). A Sitter whose check is not clear is not listed.
By undergoing a Background Check through Mraav, you authorize and consent to the collection, use, and disclosure of the information in it by the consumer reporting agency, and you agree to give complete and accurate information for it. You authorize Mraav to obtain consumer reports and investigative consumer reports at any time after that consent and throughout your engagement with Mraav, as permitted by law. We receive and store only the coarse status of a check, not its underlying report.
We do not perform Background Checks ourselves and are not responsible or liable for them. We do not endorse or make any representation about their reliability, accuracy, timeliness, or completeness, and we do not independently verify what they contain. We may rely on a Background Check in deciding whether to suspend a user or investigate a complaint, but we are not obliged to, and we are not obliged to re-run checks. If you are the subject of a Background Check you may dispute its accuracy with the consumer reporting agency directly, and you may write to us to dispute a decision we made based on it. Where the law requires us to give you notice before or after taking adverse action based on a report, we will.
Background Checks are subject to material limitations. They may not surface:
- counties where the person has no address history;
- information that a particular jurisdiction does not report, or reports late;
- records that are sealed, expunged, or juvenile;
- arrests or convictions outside the United States;
- civil records and traffic matters not reported as criminal offenses; or
- anything a reporting agency is prohibited by law from reporting.
A completed Background Check indicates only that a Sitter has passed our onboarding. It is not an endorsement or certification by Mraav. Cat Parents remain responsible for exercising their own judgment before engaging a Sitter, and the meet & greet exists for that purpose.
You agree that Mraav's rights and obligations under Section 18 extend to the benefit of the consumer reporting agency used for Background Checks, for any claim that would be subject to Section 18 if it were brought against us.
11. The Mraav Pledge
Every Booking made and paid through Mraav is backed by the Mraav Pledge: if a cat is injured or a home is accidentally damaged because of a Sitter's verified negligence, Mraav may reimburse eligible costs up to $5,000 per Booking.
The Pledge is secondary. It applies only to eligible amounts not covered by other available insurance, including the Sitter's own insurance, the Cat Parent's pet insurance, and any homeowner's or renter's policy: you claim on those first, and the Pledge covers the eligible remainder. A $500deductible applies per incident and is the Sitter's responsibility. To be eligible, the Booking must have been made and paid through Mraav, the meet & greet must have been completed, the cat's profile and veterinary contact must be complete, and the incident must be reported within 48hours of the last visit. Exclusions apply, including pre-existing conditions, sudden or natural illness, the cat's own behavior, theft, injuries to Sitters, and any Booking involving an outdoor or indoor-outdoor cat.
THE MRAAV PLEDGE IS A VOLUNTARY, DISCRETIONARY PROGRAM THAT MRAAV FUNDS ITSELF. IT IS NOT AN INSURANCE POLICY AND IS NOT AN ADMISSION OF LIABILITY. IT DOES NOT MODIFY OR EXPAND THE LIMITATION OF LIABILITY IN SECTION 17.
Full terms, including the current eligibility conditions and exclusions, are in the Payments & Refunds policy and on the Mraav Pledge page.
12. Copyright Infringement
Mraav follows the procedures of the Digital Millennium Copyright Act and will respond to claims of copyright infringement reported in accordance with this section. Where appropriate, it is our policy to deactivate the accounts of users who repeatedly infringe.
If you believe in good faith that your copyrighted work has been infringed by content on the Mraav Service, send our designated agent a written notice including:
- a description of the copyrighted work you believe has been infringed;
- the URL or other location on the Mraav Service of the material you believe is infringing;
- your name, mailing address, telephone number, and email address;
- a statement that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf; and
- your electronic or physical signature.
Our designated agent for notice of copyright infringement can be reached at hello@mraav.com, or by mail at Nine Labs LLC, Attn: Copyright Notice, 1120 Sycamore Ave., Suite 2G, Vista, California 92081.
13. Third-Party Services and Links
We rely on third-party providers, including our payment processor, our background-check provider, our email provider, and our mapping provider, to deliver the Mraav Service. The Mraav Service may also contain links to third-party sites and resources. We are not responsible for the availability, accuracy, content, products, or services of any of them, a link is not an endorsement, and your use of them is at your own risk and governed by their own terms.
Where you sign in through a third-party account, such as Apple or Google, your relationship with that provider is governed solely by your agreement with them. You represent that you are entitled to connect that account, and you can disconnect it at any time in that provider's settings.
14. Indemnity
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD MRAAV HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES, AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO:
- your transactions and interactions with other users, online or offline;
- your breach of these Terms;
- your disputes with other users;
- your misstatements, misrepresentations, or violation of applicable law;
- property damage or personal injury caused by your cat or by a cat in your care;
- Your Content; or
- your use of Background Check information in violation of applicable law.
YOU AGREE TO COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM WITHOUT OUR ADVANCE WRITTEN CONSENT.
15. Intellectual Property
15.1 The Mraav Service
Mraav and its licensors retain all right, title, and interest in the Mraav Service, the software and technology behind it, and all content available through it other than Your Content, together with all intellectual property rights in them. Except for your right to access and use the Mraav Service under these Terms, nothing here conveys any of our intellectual property to anyone. We have a perpetual right to use any feedback or suggestion you send us about the Mraav Service, without obligation to compensate you.
15.2 Mraav Marks
Mraav owns all rights in its trademarks, service marks, names, and logos (the "Mraav Marks"). While you are a Sitter in good standing, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Mraav Marks solely as incorporated into marketing materials we make available to you, or as we otherwise authorize in writing. You have no ownership rights in the Mraav Marks, all goodwill from your use runs to us, the license ends when you stop being a Sitter in good standing or when we revoke it, and you will not register or use the term "Mraav," or any confusingly similar term, as a business name, trade name, trademark, domain name, social media handle, or other indicator of source.
16. Warranty Disclaimer
Everything on the Mraav Service, including text, graphics, information, and links, is provided "as is" and "as available." Profiles, reviews, advice, opinions, and other content that does not come directly from Mraav are those of their respective authors, who are solely responsible for them.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MRAAV DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF INFORMATION ON THE MRAAV SERVICE; (2) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN MRAAV; OR (3) WARRANT THAT YOUR USE OF THE MRAAV SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, FREE OF VIRUSES, ERROR-FREE, OR THAT IT WILL MEET YOUR REQUIREMENTS. TO THE EXTENT PERMITTED BY LAW, MRAAV EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF ANY SITTER WHO OFFERS CAT CARE SERVICES THROUGH THE MRAAV SERVICE.
17. Limitation of Liability
17.1 Exclusion of Certain Types of Damages
To the maximum extent permitted by law, Mraav will not be liable to you for any indirect, special, incidental, or consequential damages, including travel expenses, or for any business losses or loss of profit, revenue, contracts, data, or goodwill, arising out of or relating to your use of or inability to use the Mraav Service. This includes damages related to information you received through the Mraav Service, the removal of your profile, a review, or other content, the suspension or termination of your access, and any failure, error, omission, interruption, defect, or delay, even if we knew such damages were possible. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
17.2 Limit on Our Liability to You
EXCEPT WHERE PROHIBITED BY LAW, MRAAV'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE MRAAV SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO MRAAV, SPECIFICALLY EXCLUDING AMOUNTS PAID TO SITTERS, IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, AND (B) $100 USD.
Any financial obligation we may have to you in connection with another user's conduct is limited to the reimbursement described in the Mraav Pledge. Notwithstanding the above, with respect to a claim by a Sitter for non-delivery of a payment Mraav received on their behalf under Section 9.12, our liability will not exceed the amount we failed to deliver.
17.3 No Liability for Non-Mraav Actions
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MRAAV WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE, INCLUDING THIRD-PARTY SERVICES, IN CONNECTION WITH THE MRAAV SERVICE. THIS INCLUDES PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, INJURY TO OR DEATH OF AN ANIMAL, AND ANY DAMAGES RESULTING FROM RELIANCE ON INFORMATION POSTED ON OR TRANSMITTED THROUGH THE MRAAV SERVICE, OR FROM ANY INTERACTION WITH ANOTHER USER, ONLINE OR OFFLINE. IT INCLUDES CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
IF YOU HAVE A DISPUTE WITH A CAT PARENT OR A SITTER, YOU AGREE TO RELEASE MRAAV FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR CONNECTED WITH THAT DISPUTE, EXCEPT AS SPECIFICALLY SET OUT IN THE MRAAV PLEDGE. MRAAV WILL NOT BE LIABLE FOR THE DIRECT OR INDIRECT CONSEQUENCES OF A CAT PARENT OR SITTER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
18. Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT PRESCRIBES HOW DISPUTES BETWEEN US WILL BE RESOLVED AND AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OPT OUT.
18.1 Applicability
This Section 18 is the "Arbitration Agreement." Unless you opt out under Section 18.11, you and Mraav (the "Parties") agree that all disputes and claims between you and Mraav relating to the Mraav Service, to your interactions with others on it, or to these Terms, including previous versions and any alleged breach ("Claims"), will be resolved as set out here, except for Excluded Claims.
"Excluded Claims" means: (1) individual claims that qualify for small claims court; (2) claims brought by Mraav arising out of a violation of Section 4.1; (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, or emergency injunctive relief based on exigent circumstances; and (4) claims that cannot be made subject to arbitration as a matter of law. Nothing here prevents you from making a report to, or filing a charge with, a government agency, or from participating in an agency investigation.
18.2 Agreement to Arbitrate
Unless you opt out under Section 18.11, you and Mraav agree that all Claims other than Excluded Claims will be resolved exclusively on an individual basis through final and binding arbitration rather than in court, and that your rights in those Claims will be determined by a neutral arbitrator rather than a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement and any arbitration under it. This Arbitration Agreement survives the termination of these Terms and of your relationship with Mraav.
18.3 Waiver of Jury Trial
YOU AND MRAAV WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND TO HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.
There is no judge or jury in arbitration, and court review of an arbitration award is very limited.
18.4 Prohibition of Class and Representative Actions
YOU AND MRAAV AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR OR COURT MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING IT, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.
Disputes about the interpretation, applicability, or enforceability of this Section 18.4 may be resolved only by a court, not by an arbitrator. If a claim is filed as a class, collective, or representative action and a court finally determines that this Section 18.4 is unenforceable as to a particular claim or remedy, that claim or remedy will be severed and stayed until the remaining claims are resolved in arbitration, this Section 18.4 will be enforced in arbitration on an individual basis as to everything that remains, and the stayed claims may then be brought in a court of competent jurisdiction. This section does not prevent either of us from participating in a class-wide or mass settlement.
18.5 Informal Dispute Resolution
We would always rather resolve a complaint directly. Before starting arbitration, you must first write to us to explain your complaint (a "Notice") and give us a chance to work it out. Send the Notice by mail to Nine Labs LLC, Attn: Legal, 1120 Sycamore Ave., Suite 2G, Vista, California 92081. It must include your name, the email address on your account, your telephone number and mailing address, the name and contact details of your counsel if you have one, and a description of the dispute including the specific relief you are seeking. It must be personally signed by you. For a dispute Mraav starts, we will send the Notice to the email and mailing address on your account, so keep them current.
Either party may ask to meet and confer by telephone. Informal dispute resolution is a mandatory precondition to arbitration and lasts 45 days from receipt of the Notice, or until the conclusion of the conference if one is requested, whichever is later. It is individualized: a separate conference is held for each dispute. Statutes of limitations and filing deadlines are tolled while the parties engage in it.
18.6 Arbitration Procedures
Arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards where applicable, in effect when the claim is made (the "Rules"), except as modified by this Arbitration Agreement. Where the Rules and this Arbitration Agreement conflict, this Arbitration Agreement controls, unless the arbitrator determines that applying it would not result in a fundamentally fair arbitration. If JAMS is unavailable, the parties will select an alternative arbitral forum.
A party who wishes to start arbitration must send the other a demand for arbitration including: their name, telephone number, mailing address, email address, and account username; the legal claims asserted and the facts behind them; a description of the relief sought and a good-faith calculation of the amount in controversy; a statement certifying that informal dispute resolution is complete; and evidence that the necessary filing fees have been paid. The demand must be personally signed. A demand to Mraav should be mailed to Nine Labs LLC, Attn: Legal, 1120 Sycamore Ave., Suite 2G, Vista, California 92081.
Unless we agree otherwise, the arbitration, including any in-person hearing, will be conducted in the county where you reside. Subject to the Rules, the arbitrator may direct a limited and reasonable exchange of information consistent with the expedited nature of arbitration. Any Claim must be brought within the applicable statute of limitations, or it is time barred.
18.7 The Arbitrator
Unless the parties agree otherwise, the arbitrator will be a retired judge or a licensed attorney selected by the parties from the JAMS roster of consumer dispute arbitrators. If the parties cannot agree within 35 days of the demand, JAMS will appoint one under the Rules. The arbitrator must follow these Terms as a court would, including the limitations in Section 17, will decide Claims in accordance with the law specified in Section 19, and will provide a written decision with a concise statement of the essential findings and conclusions on which the award is based.
18.8 Costs of Arbitration
Filing, administration, case management, and arbitrator fees are governed by the Rules. Each party is responsible for its own attorneys' fees. At the end of an arbitration the arbitrator may award reasonable fees and costs to either party on determining that a claim or defense was frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b), to the extent authorized by law.
18.9 Confidentiality
All materials and documents exchanged in the arbitration will be kept confidential and will not be shared with anyone other than the parties' attorneys, accountants, or advisors, who must agree to keep them confidential.
18.10 Severability
If any part of this Section 18 is held invalid or unenforceable, it will be held so to the minimum extent required by law, and the rest will remain in force. If, however, that results in a final determination that the class action waiver in Section 18.4 fails as to all of the claims in the arbitration, then Section 18 will be unenforceable in its entirety, except for Section 18.5, and all Claims will be heard in the courts described in Section 19.
18.11 How to Opt Out
You may opt out of this Arbitration Agreement. To do so, mail us a written notice postmarked no later than 30 days after the date you first accept this version of these Terms, to Nine Labs LLC, Attn: Legal, 1120 Sycamore Ave., Suite 2G, Vista, California 92081. The notice must say that you do not agree to the Arbitration Agreement, and must include your name, address, phone number, and the email address you registered with. You must sign it personally, and you must send it yourself: a notice from a third party purporting to act on your behalf has no effect. This is the only way to opt out.
If you opt out, no part of this Arbitration Agreement applies to you, and the rest of these Terms continue to apply. Opting out has no effect on any other arbitration agreement you may have with us. If you previously agreed to an arbitration agreement with us and did not validly opt out, changes to this Arbitration Agreement do not give you a new opportunity to opt out, and we will continue to honor any valid opt-out you made to a prior version.
18.12 Future Changes to This Arbitration Agreement
If we make a material change to this Arbitration Agreement, other than to a notice address or a link, that change will not apply to any claim already filed in a legal proceeding against Mraav before its effective date. If we remove this Arbitration Agreement from these Terms, the removal takes effect 30 days after the version without it is posted, and does not apply to any claim already filed before then.
19. Governing Law and Jurisdiction
These Terms, and any dispute between you and Mraav, are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict of law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 18. Unless we agree otherwise, or where prohibited by law, if the Arbitration Agreement does not apply to you or to a particular dispute, that dispute must be resolved exclusively in the state or federal courts located in San Francisco County, California, and you consent to personal jurisdiction there. Small claims actions may be brought in the county where you reside.
20. Force Majeure
Mraav is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, earthquakes, wildfires, floods, storms, power or network outages, war, terrorism, riots, fires, accidents, epidemics and pandemics, public health orders, and strikes. In such an event, the cancellation policies in Section 9.5 may not apply, and Mraav may in its reasonable discretion issue refunds on terms that differ from the Sitter's selected policy.
21. Apps Downloaded from the App Store or Google Play
If you download the Mraav app from the Apple App Store, you acknowledge that these Terms are between you and Mraav only, and that Apple is not a party to them except as a third-party beneficiary as described here. Mraav, not Apple, is solely responsible for the app and its content. Apple has no obligation to provide maintenance or support for it. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation. As between Mraav and Apple, Mraav is responsible for any claim relating to the app, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, claims under consumer protection law, and third-party intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the app, and may enforce them against you as such. Your use of the app is also subject to the App Store Terms of Service.
If you download the Mraav app from Google Play, your use is likewise subject to the Google Play Terms of Service, and Mraav, not Google, is responsible for the app.
By installing the app you consent to the updates we release through it. The app may communicate with our servers to deliver its functionality and record usage metrics, change app-related preferences stored on your device, and collect personal information as described in our Privacy Policy. You can uninstall it at any time.
22. Notices; Consent to Electronic Communications
You consent to receive agreements, notices, disclosures, and other communications from us electronically, including by email and by posting them on the Mraav Service, and you agree that they satisfy any legal requirement that such communications be in writing. Unless these Terms say otherwise, notices are deemed given when received: when personally delivered, when receipt is electronically confirmed for email, or when a recognized delivery service records delivery.
23. Miscellaneous
Nothing in these Terms makes either party the partner, joint venturer, agent, legal representative, employer, or employee of the other, and neither party may hold itself out to a third party as having authority to bind the other, except as expressly provided here. These Terms are non-exclusive and do not prevent Sitters from offering cat care by other means or through third parties.
Our failure to enforce a provision is not a waiver of it. If a provision is found invalid or unenforceable, it will be modified to the minimum extent needed to make it enforceable and to come closest to its original intention, or, if that is not possible, severed, with the rest of these Terms remaining in force. Except as stated in Section 18, these Terms are the complete and exclusive agreement between you and Mraav on their subject matter and supersede prior agreements about it.
We may assign or transfer these Terms without your consent, including to a parent or subsidiary, to an acquirer of assets, or to a successor. You may not assign them without our prior written approval. These Terms bind and benefit the legal representatives, successors, and permitted assigns of both parties, and continue to apply after your relationship with Mraav ends.