LEGAL

Terms of Service

The agreement governing your use of Blueshky.

1. Agreement to Terms

1.1 These Terms of Service (“Terms”) form a binding legal agreement between you and Blueshky governing your access to and use of the Blueshky website, progressive web application, and related services (collectively, the “Platform”).

1.2 By creating an account, accessing, or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and the Privacy Policy. If you do not agree, do not use the Platform.

1.3 You must be at least 18 years old and able to form a binding contract to use the Platform.

1.4 We may update these Terms from time to time. Material changes will be notified via email and/or in-Platform notice at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.

2. What Blueshky Is — and Is Not

2.1 Blueshky is a neutral technology platform and venue that connects pet owners (“Owners”) with independent third-party service providers (“Sitters”). Services include boarding, house sitting, drop-in visits, dog walking, and doggy day care (the “Services”).

2.2 Blueshky is NOT a provider of pet-care services. We do not employ Sitters, do not supervise the Services, are not present during the Services, and do not control how, when, or whether Services are performed. Sitters are independent contractors who operate their own businesses and set their own rates, availability, and methods.

2.3 No agency or employment. No agency, partnership, joint venture, employment, or franchise relationship exists between Blueshky and any Owner or Sitter. Sitters are not authorized to bind, represent, or act on behalf of Blueshky.

2.4 We do not guarantee any Sitter or Owner. While we may offer optional verification features (such as identity checks or background screening), these are limited, are not a guarantee of safety, competence, character, or suitability, and you may not rely on them as such. You are solely responsible for vetting, interviewing, and deciding whether to engage any Sitter or accept any Owner or pet.

2.5 The transaction is between Owner and Sitter. Any contract for Services is formed directly between the Owner and the Sitter. Blueshky is not a party to that contract.

3. Assumption of Risk, Release, and Waiver

3.1 ACKNOWLEDGMENT OF INHERENT RISKS. You understand and agree that pet care involves inherent and unavoidable risks, including but not limited to: animal bites, scratches, and other injuries to people (including Sitters and third parties); illness, injury, escape, loss, or death of a pet; unpredictable or aggressive animal behavior; disease transmission; allergic reactions; property damage; and accidents occurring in homes, vehicles, or outdoors. You knowingly and voluntarily assume all such risks.

3.2 RELEASE OF BLUESHKY. To the maximum extent permitted by law, you release, waive, and discharge Blueshky and its officers, directors, employees, and agents from any and all claims, demands, damages, losses, liabilities, and expenses arising out of or relating to: (a) the acts or omissions of any Owner, Sitter, pet, or third party; (b) the condition, behavior, health, injury, escape, loss, or death of any pet; (c) injury to any person — including any Sitter who is bitten, attacked, or injured by a pet — occurring during or in connection with the Services; (d) property damage occurring during the Services; and (e) any interaction, communication, dispute, or transaction between Owners and Sitters.

3.3 RESPONSIBILITY RESTS WITH THE PARTIES. As between you and Blueshky, the Owner and Sitter — not Blueshky — are responsible for everything that occurs before, during, and after the Services, including the care, supervision, safety, and conduct of pets and persons.

3.4 NON-WAIVABLE CLAIMS PRESERVED. Nothing in this Section releases Blueshky from liability that cannot be waived as a matter of law, including liability for Blueshky’s own gross negligence, recklessness, willful misconduct, or fraud. If any portion of this release is held unenforceable, the remainder continues to apply to the fullest extent permitted.

3.5 CONSPICUOUS ACKNOWLEDGMENT. By checking the acceptance box and using the Platform, you affirm that you have read this Section, understand you are giving up substantial legal rights, and agree to it voluntarily and in exchange for access to the Platform.

4. On-Platform Communication and Transactions

4.1 All communication stays on Blueshky. All communications, negotiations, and arrangements between Owners and Sitters relating to Services discovered through the Platform must occur and remain within the Blueshky Messages module.

4.2 All payments stay on Blueshky. All payments for Services arranged through the Platform must be made through Blueshky’s payment system. You agree not to pay, accept payment, solicit, or arrange payment outside the Platform for Services introduced through the Platform.

4.3 Prohibited circumvention. You agree not to: (a) share or solicit personal contact information to move a relationship off-Platform before a booking is confirmed; (b) arrange off-Platform payment; or (c) otherwise circumvent the Platform’s communication or payment systems for any Service that originated on Blueshky.

4.4 Enforcement — one-strike policy. Off-Platform circumvention is a serious violation:

First violation: a single written warning is issued.
Any subsequent attempt: any further attempt to communicate or transact off-Platform after that warning may result in immediate suspension or termination of the account(s) involved.
Funds on suspension/termination: Blueshky may cancel pending bookings. Amounts owed for Services already lawfully completed and cleared may be paid out to the Sitter as applicable; un-cleared, un-earned, or in-process funds may be refunded to the Owner or withheld pending resolution. No party is entitled to payout for Services not actually rendered.

4.5 Off-Platform conduct is at your own risk. Any communication or transaction you conduct off-Platform is entirely outside Blueshky’s systems and protections, and Blueshky disclaims all responsibility for it.

5. User Accounts and Eligibility

5.1 You must provide accurate, current, and complete information and keep it updated.
5.2 You are responsible for safeguarding your credentials and for all activity under your account.
5.3 You may not impersonate others, create accounts for suspended users, or maintain multiple accounts to evade enforcement.
5.4 Notify us immediately of any unauthorized account use at [email protected].

6. Sitter Terms

6.1 Independent contractor status. You operate independently, control the manner and means of the Services, may provide services elsewhere, and are responsible for your own taxes, licenses, permits, and compliance with local law.

6.2 Your responsibility for care. You are solely responsible for the safe, humane, and competent care of pets in your charge and for your own safety, premises, and conduct.

6.3 Tax reporting. You are responsible for reporting income. Blueshky or its payment processors may issue tax forms (e.g., 1099-K) where required and may require tax information (e.g., W-9) before payout.

6.4 No guarantee of bookings or income. Blueshky does not guarantee any volume of bookings or earnings.

6.5 Background/identity checks. Where offered, you consent to identity and/or background screening through third-party providers, subject to applicable consumer-reporting law (e.g., FCRA).

7. Owner Terms

7.1 Accurate pet information. You must disclose all material information about your pet, including any history of aggression, biting, illness, medical needs, behavioral issues, or special requirements. Failure to disclose a known risk (such as a pet’s history of biting) may make you liable for resulting harm and is a material breach of these Terms.

7.2 Vaccinations and health. You represent that your pet is in suitable health and current on legally required vaccinations.

7.3 Property and access. For in-home Services, you are responsible for the condition and safety of your home and for accurately representing access arrangements.

7.4 Responsibility for your pet. You remain the legal owner and responsible party for your pet at all times, including for any injury or damage your pet causes to a Sitter, another animal, person, or property.

8. Payments, Fees, and Payouts

8.1 Payment methods. Blueshky offers multiple payment rails, which may include credit/debit card, bank transfer (ACH), and a stablecoin (USDC) option. Available methods, processing times, and any associated discounts or fees are disclosed at checkout.

8.2 Authorization. You authorize Blueshky and its payment processors (which may include Stripe and Coinbase) to charge your selected payment method for the total shown, including Service price and applicable fees.

8.3 Service fees. Blueshky charges fees as disclosed at the time of transaction. Fees may differ by payment method and may change prospectively with notice.

8.4 Escrow and payout timing. Owner payments may be held by Blueshky or its processors and released to Sitters after Service completion, subject to a holding period and clearance of funds. Payout timing depends on the payment method and the Sitter’s selected payout option.

8.5 USDC / stablecoin terms. If you use the USDC option: (a) USDC is a digital asset; (b) funds may be held as USDC in a platform or embedded wallet; (c) on-chain transactions are generally irreversible and not subject to chargeback; (d) conversion between dollars and USDC occurs through third-party services subject to their terms and identity-verification (KYC) requirements; and (e) you assume the risks associated with digital-asset transactions.

8.6 Cancellations and refunds. Cancellations are governed by the cancellation policy displayed for each booking. Refund eligibility and amounts depend on the policy selected and timing of cancellation. Service fees may be non-refundable except where stated.

8.7 Chargebacks. Initiating a chargeback in bad faith for Services rendered is a breach of these Terms and may result in account suspension and collection of owed amounts.

8.8 Taxes. You are responsible for any taxes applicable to your transactions other than taxes on Blueshky’s net income.

9. Reviews and Content

9.1 You may post reviews and content only if truthful, based on genuine experience, and compliant with these Terms.
9.2 You grant Blueshky a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and distribute content you submit, for operating and promoting the Platform.
9.3 You retain ownership of your content and are responsible for it. You may not post unlawful, defamatory, harassing, infringing, or fraudulent content.
9.4 Blueshky may moderate, remove, or refuse content at its discretion but is not obligated to monitor and is not responsible for user content.

10. Prohibited Conduct

You agree not to: (a) violate any law or these Terms; (b) circumvent on-Platform communication or payment (Section 4); (c) harass, threaten, abuse, or endanger any person or animal; (d) provide false information or impersonate others; (e) discriminate unlawfully; (f) interfere with or attack the Platform’s security or operation; (g) scrape, reverse-engineer, or misuse Platform data; (h) use the Platform for any illegal, harmful, or unauthorized purpose; (i) mistreat, neglect, or abuse any animal — animal cruelty results in immediate termination and may be reported to authorities; or (j) use the Platform to facilitate any transaction off-Platform that originated on Blueshky.

11. Suspension and Termination

11.1 Blueshky may suspend or terminate any account, with or without notice, for violation of these Terms, suspected fraud or illegality, risk to safety, or as required by law.
11.2 You may stop using the Platform at any time; certain obligations (payment for completed Services, indemnification, dispute terms) survive termination.
11.3 Upon termination, your right to use the Platform ceases; provisions that by their nature should survive do so.

12. Disclaimers of Warranties

12.1 THE PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

12.2 Blueshky does not warrant that the Platform will be uninterrupted, secure, or error-free, or that any Sitter, Owner, or Service will meet your expectations.

12.3 Blueshky makes no warranty regarding any third party, including any Sitter, Owner, pet, or payment processor.

12.4 Some jurisdictions do not allow exclusion of certain warranties; in those jurisdictions, some exclusions may not apply.

13. Limitation of Liability

13.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUESHKY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR PETS, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE, arising out of or relating to the Platform or the Services, whether based in contract, tort, negligence, strict liability, or otherwise, even if advised of the possibility of such damages.

13.2 AGGREGATE CAP. To the maximum extent permitted by law, Blueshky’s total aggregate liability for all claims arising out of or relating to the Platform or these Terms will not exceed the greater of (a) the total Service fees Blueshky actually earned from your transactions in the six (6) months preceding the event giving rise to the claim, or (b) USD $100.

13.3 CARVE-OUT. Nothing in this Section limits liability that cannot be limited by law, including for Blueshky’s gross negligence, willful misconduct, or fraud, or for personal-injury liability to the extent applicable law prohibits its limitation.

13.4 ALLOCATION OF RISK. You acknowledge these limitations are a reasonable allocation of risk and an essential basis of the bargain, without which Blueshky would not provide the Platform at current pricing.

14. Indemnification

14.1 You agree to defend, indemnify, and hold harmless Blueshky and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Platform; (b) your provision or receipt of Services; (c) your pet, including any injury or damage it causes; (d) your breach of these Terms; (e) your violation of any law or third-party right; and (f) any dispute between you and another user.

14.2 Blueshky may assume exclusive defense of any matter subject to indemnification, and you agree to cooperate.

15. Dispute Resolution — Arbitration and Class Waiver

15.1 Informal resolution first. Before formal proceedings, you agree to contact [email protected] and attempt to resolve the dispute informally for at least 30 days.

15.2 Binding arbitration. Except as carved out below, disputes arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration administered by Professional Resolution Experts of Michigan (PREM) under its rules, rather than in court.

15.3 Class-action waiver. To the maximum extent permitted by law, disputes will be resolved only on an individual basis; you waive any right to participate in a class, collective, or representative action.

15.4 Carve-outs. Either party may bring claims in small-claims court, and either party may seek injunctive relief for intellectual-property or unauthorized-access matters.

15.5 Opt-out. You may opt out of arbitration by written notice to [email protected] within 30 days of first accepting these Terms.

15.6 Governing law and venue. These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-laws rules. Subject to the arbitration provisions, exclusive venue lies in the courts located in Michigan.

16. Emergencies and Veterinary Care

16.1 In a pet medical emergency, the Sitter may seek veterinary care, and the Owner authorizes reasonable emergency care at the Owner’s expense. Owners should provide veterinary and emergency-contact information and any care authorizations/limits in their pet profile.

16.2 Blueshky is not responsible for emergency decisions, veterinary outcomes, or associated costs.

17. Insurance

17.1 Blueshky does not provide insurance to Owners or Sitters unless expressly stated in a separate written policy document.

17.2 Owners and Sitters are encouraged to maintain their own appropriate insurance.

18. Intellectual Property

18.1 The Platform, including its software, design, trademarks, and content (excluding user content), is owned by Blueshky and protected by law. You receive a limited, revocable, non-transferable license to use the Platform per these Terms. No other rights are granted.

19. Third-Party Services

19.1 The Platform integrates third-party services (e.g., payment processors, mapping, identity verification). Your use of those services may be subject to their terms, and Blueshky is not responsible for them.

20. General Provisions

20.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Blueshky regarding the Platform.
20.2 Severability. If any provision is unenforceable, the rest remains in effect, and the unenforceable provision is enforced to the maximum extent permitted.
20.3 No waiver. Failure to enforce a provision is not a waiver.
20.4 Assignment. You may not assign these Terms; Blueshky may assign them.
20.5 Force majeure. Blueshky is not liable for failures caused by events beyond its reasonable control.
20.6 Notices. We may provide notices via email or in-Platform. Notices to us go to [email protected].
20.7 Survival. Provisions that by their nature should survive termination do so.