Updated version: October 2024
I – About the terms and conditions
I.1 – Scope of application
These general terms and conditions of sale and use (hereinafter referred to as the “GTCU”) apply to the services offered on the SOWAPI mobile application and/or on the https://sowapi.com/ website.
The services offered under the SOWAPI trademark are provided by NES link SA, a limited company incorporated under Swiss law, registered with the Lower Valais Commercial Register under number CHE-419.069.071 and headquartered in Sion (hereinafter referred to as “SOWAPI”).
I.2 – Definitions
Unless the context indicates otherwise, the terms and expressions in the contract, as defined below, have the following meanings:
I.3 – Acceptance of terms and conditions
Use of SOWAPI is subject to unconditional acceptance of these Terms and Conditions. The terms and conditions set forth the rights and obligations of SOWAPI and its members (valid for all parties or for one party at a time). By confirming his registration, creating a User Account, concluding a subscription or using a service, the member confirms that he has read, understood and accepted the terms and conditions for his registration on SOWAPI. Any transfer of a User Account or data to a third party is strictly forbidden. Only by agreeing to the terms and conditions can members take advantage of the services offered on SOWAPI. The General Terms and Conditions must be accepted in their entirety. It is not possible for members to accept them only in part. By accepting the GTCU, the member accepts in particular point VI.1 – Processing of personal data.
The Administrators reserve the right to delete a User Account if a member breaches the obligations set out in these Terms and Conditions.
I.4 – Modification of the GTCU
The Administrators reserve the right to modify the Terms and Conditions, the offers on SOWAPI or the operation of the services at any time.
Changes to the Terms and Conditions will come into effect immediately, as soon as they are posted online and after members have been informed in advance. Rejection of new terms and conditions must in all cases be explicit and announced by e-mail to info@sowapi.com
. Le rejet des conditions conduira à une suppression du Compte utilisateur ou à une impossibilité d’utiliser les services.
I.5 – Creation and conditions of the User Account on SOWAPI
In order to register on SOWAPI, each Member must :
By creating a User Account, the member also warrants and confirms:
The Member is responsible for the information transmitted to SOWAPI via his/her User Account and for its accuracy. If the information is incorrect, the Member undertakes to correct it immediately via his/her Account or to inform the Administrators at the following e-mail address info@sowapi.com.
The Administrators cannot be held responsible for false or fraudulent information provided by members.
The member agrees not to create or use any User Accounts other than the one originally created, whether in his/her own name, in the name of a third party or under a false identity. Any exception to this rule must be explicitly requested by the member and approved by the Administrators.
If a new User Account is created or used in the same name or in the name of a third party without the authorization of the Administrators, this will result in the immediate deletion of the member’s User Account and associated benefits.
II – Matchmaking services available on SOWAPI :
II.1 – Description of services and procurement
SOWAPI offers a Matchmaking Service between Member-Pet Parent and Member-Pet Sitter which includes :
Þ Search for pet sitters according to criteria defined by Member-Parents.
Þ View profiles and put Member-Pet Parent and Member-Pet Sitter in touch, with reciprocal access to profiles.
Þ Request, validation or cancellation of services
Þ Messaging between Members
Þ Walk service with geolocation via Google Maps and walk report.
Þ Secure online payment via our payment service provider
Þ Other services available on SOWAPI in the test phase.
The Matchmaking Service allows you to obtain the following services directly provided and offered by the Member-pet sitter:
Þ Walks Dog walks from a location agreed upon by the Members.
Þ Home visits Care of the animal at the Member-Parent’s home or at another agreed location.
Þ Family boarding Childcare with a member-pet sitter for an agreed period.
Þ Other test services available on SOWAPI
II.2 – Responsibility for Services
The Connection Service provided by SOWAPI does not include the Services listed in point II.1. which are provided exclusively under the responsibility of the Member-pet sitter, in accordance with the contractual terms agreed between the Members.
Members are responsible for concluding a contract for the Services. The Directors decline all responsibility in the event of non-compliance with the commitments between the parties.
Pet Sitter Members are responsible for complying with local regulations, including, but not limited to, work authorization requirements, liability insurance and other legal requirements specific to their country of residence. NES link SA declines all responsibility in the event of non-compliance by Members with these laws.
II.3 – Rates for pet sitter services
Pet sitter members are solely responsible for the price they set on their profile.
It is the responsibility of the Parent-Pet Member and the Sitter-Pet Member to carry out the administrative and legal procedures incumbent upon them.
SOWAPI does not take any commission on the Member-pet sitter fee.
If payment for services is not made from SOWAPI or in the event of fraudulent use of payment instruments by Members, no form of liability shall be accepted in respect of the Directors.
For online payment of services, please refer to the chapter on payments
III – Recommendations and responsibilities of the Parties
III.1 – Directors’ responsibilities
The Administrators do their utmost to ensure the regular updating of data and the proper execution of the Matchmaking Service. SOWAPI is a third party to the relationship between Members.
SOWAPI Members act under their entire responsibility. Consequently, the Administrators decline all responsibility for the performance of the Services, for the quality of the work of the Member-pet sitters, and for any contractual dispute between Members. The Administrators ensure the accuracy of the content published on SOWAPI, but do not guarantee its completeness or quality.
In the event of collaboration between Members, the Directors are neither contracting parties nor arbitrators. They cannot be held responsible for disputes between Members. The Member-pet parent and the Member-pet sitter must enter into a contract with each other and waive all claims against the Administrators.
Any inappropriate behavior should be reported immediately via Profile > Help and support > Need help?
These GCU do not create any partnership or right to act on behalf of the Directors.
III.2 – Responsibilities of the pet-parent member
When creating a user account, the Parent Member undertakes to provide accurate information about himself/herself, as required for the performance of the service. They also agree to comply with all applicable laws and regulations.
Any inappropriate behavior, whether towards other users, animals or these GTCU, may result in exclusion from the platform without notice.
III.2.a Animal profile
When registering, the Member-Pet Parent undertakes to complete the profile with all the characteristics of his or her Animal, as close as possible to the truth. These characteristics include the Animal’s particular behaviors (for example: runaway animal, sick animal, destructive animal, crying animal, barking dog, aggressive animal, sociable animal, animal that does not like children, etc.) and the instructions relating to safety, maintenance and biological, physiological, sanitary and behavioral needs that must be respected during the performance of the Service.
The Member-pet parent is hereby informed that failure to comply with this condition may result in the Member-pet sitter refusing to provide the Services and being excluded from SOWAPI. Consequently, no reimbursement may be claimed. In addition, the Member-Pet Sitter may require the Member-Pet Parent to pick up the animal or have it picked up during the day, at the Member-Pet Parent’s expense. If the Member-Pet-Parent is unable to collect the animal, the Member-Pet-Sitter may decide, on the one hand, to charge an additional fee, or on the other hand, to place the animal in a boarding kennel or an association, the costs being borne by the Member-Pet-Parent. This decision will be taken according to the seriousness of the animal’s undeclared and proven behavior.
The Administrators remind the parent member that he/she is responsible for any bites or damage caused by the animal.
The member-pet parent is required to take out civil liability insurance covering the specific risks associated with his or her pet, including in the event of material damage or bodily injury caused by the pet. NES link SA declines all responsibility in the event of failure to take out such insurance.
III.2.b Choosing a member-pet sitter
The Administrators strongly recommend that the Member-Pet Parent meet with the Member-Pet Sitter prior to any assignment, to ensure that the Member-Pet Sitter is capable of taking charge of the animal.
To this end, the Member-Pet Parent undertakes to contact the Member-Pet Sitter as soon as possible. If the Member-Pet-Parent considers that the Member-Pet-Sitter does not meet his or her expectations, or that the Member-Pet-Sorter is clearly incompetent to carry out the requested Service, the Member-Pet-Parent must not entrust the animal to the Member-Pet-Sorter. The choice must be made on the basis of their characteristics and their ability to handle the animal to be cared for. In the event of manifest incompetence on the part of the Member-pet sitter to carry out a Service, the Member-pet parent may inform the Administrators without delay by e-mail to info@sowapi.com.
It is reminded that the content made available to the Member-pet parent on SOWAPI is given by the Member-pet sitter. The Administrators do not guarantee that the information contained on SOWAPI is free of inaccuracies. In this respect, it is the responsibility of the Member-Petter, using the messaging system and tools made available to him/her, to ensure the accuracy of the information transmitted and to take all necessary precautions in order to make his/her choice and assume his/her responsibilities.
Under no circumstances can the Administrators be held responsible for the choice or withdrawal of the Member-pet sitter.
III.3 – Responsibilities of the Member-pet sitter
Members-pet sitters are required to comply with the law and to take the necessary measures to provide their services in a responsible manner. They undertake to:
The Member-Pet Sitter is fully responsible for the animals in his care and must ensure their well-being throughout the service. The Member-Pet Sitter must respect the biological, physiological and behavioral needs of each animal, taking into account the information provided by the Member-Pet Parent. This includes:
In the event of an incident (injury, illness, loss or death of the animal), the Member-Pet Sitter is responsible for taking all necessary measures to remedy the situation and must immediately inform the Member-Pet Parent. In the absence of clear instructions from the parent Member-Pet, or in the event of an emergency situation, the Member-Pet Sitter must act in the animal’s best interest.
NES Link SA accepts no responsibility for damage, loss or disputes between Pet-Parent Members and Pet-Sitter Members before, during or after services. Any complaints should be addressed directly to the Member-pet sitter concerned.
In the event of non-compliance with legal or regulatory obligations, or gross negligence in the care of the animal, NES Link SA reserves the right to suspend or terminate the Member-pet sitter’s account without prior notice.
IV – Accessibility to SOWAPI
IV.1 – Unavailability, suspension or interruption of services
The Administrators make every effort to ensure that SOWAPI is available 24 hours a day, 7 days a week. However, access to SOWAPI may be interrupted as part of maintenance operations, hardware or software upgrades, emergency site repairs, or as a result of circumstances beyond the control of the Administrators. The Administrators undertake to take all reasonable measures to limit such disruptions, insofar as they are attributable to them.
Members acknowledge and agree that the Administrators shall not be liable to them for any unavailability, suspension or interruption of SOWAPI and shall not be liable for any direct or indirect damages of any kind resulting therefrom.
In all cases, and without prejudice to what has just been stated above and in the other clauses concerning the absence of liability of the Directors, any cause of liability that may be held against the Directors shall not give rise to any payment of damages.
IV.2 – Exclusion of a member
In the event of non-compliance with all or part of the obligations arising from these GTCU, payment incident, delivery of erroneous information when creating the User Account or acts likely to harm the interests of the Administrators or for any other objective reason, Members acknowledge and accept that the Administrators reserve the right to suspend, at any time and without prior notice, access to SOWAPI or, depending on the seriousness of the acts, to terminate the Member’s subscription and User Account without any damages being claimed.
The Directors also reserve the right to refuse to contract with a Member who has been expelled or sanctioned for such conduct.
V – Online payments
V.1 – Payment processing
In order to provide secure payment processing, the Administrators have included Stripe as a provider. By using SOWAPI, Members or any person they authorize to make payments, declare that they accept the present terms and conditions as well as those of the third-party payment service provider, Stripe. This authorization includes acceptance of credit card payment fees, payment processing times, and refund policies as set forth in these terms and conditions.
V.1.a – Safety and compliance
Stripe is PCI-DSS (Payment Card Industry Data Security Standard) compliant, which means that all transactions are secure and protected against fraud.
V.1.a – Processing of personal data
Members’ personal and banking information is never stored by SOWAPI, but directly managed by Stripe.
V.1.a – Credit card payment disputes
Stripe’s FAQs for end customers can be found at this link where you can contact the 24/7 helpdesk.
V.2 – For pet sitter members
SOWAPI uses Stripe Connect as its service provider to manage the payments and remittances of pet sitters in a secure and compliant manner.
V.2.a – Creating and logging on to a Stripe Connect account
In order to receive payments for their services, Member-pet sitters must create a Stripe Connect account. This process is mandatory to allow funds to be received directly into their bank account. When creating a Stripe Connect account, Member-pet sitters will be asked to enter their bank details and submit identification documents for compliance purposes (KYC verification – Know Your Customer).
The Member-pet sitter can access his Stripe space at any time via the secure link :https://connect.stripe.com/express_login
V.2.b – Stripe Connect account management
From their SOWAPI dashboard, accessible via the “My Income” tab, Member-pet sitter can view their payment balances, consult recent transactions, and track upcoming payments. By logging into their Stripe account, Member-pet sitter can also manage their banking information, download their tax forms, and track payments already made or scheduled in real time.
If you have any problems or questions, Stripe support is available via
https://support.stripe.com/express
V.2.c – Charges for using Stripe Connect
Stripe Connect Express users are charged a monthly fee of USD 2 per active user. This amount is credited to the balance on the first transaction of the calendar month.
V.2.d – Cancellation fees
If the service is cancelled after payment has been made by the Member-Pet-Parent, the Member-Pet-Sitter is liable for the transaction fees. These fees will be credited to the balance of the next payment.
In the event of cancellation of the service after payment has been made by the Parent Member, the latter will be responsible for the transaction costs. No balance will be credited.
V.3 – For parent-members
V.3.a – Repayment period
In the event of a refund, the funds will be credited to the bank account linked to the card used for payment within 5 to 10 working days. This period may vary depending on the bank and the type of card used.
V.3.b – Transaction costs
Each payment made via SOWAPI incurs transaction fees, which cover, in particular, the management of online payments, the reduction of fraud risks and the management of disputes. These fees are included in the total amount paid by the Parent Member when booking a service.
V.3.c – Cancellation fees
In the event of cancellation of the service after payment has been made by the Member-Pet-Parent, the Member-Pet-Sitter is liable for the transaction costs.
In the event of cancellation of the service after payment has been made by the Parent Member, the latter will bear the transaction costs.
VI – Processing and protection of personal data
VI.1 – Processing of personal data
When using SOWAPI, Members may be asked to provide certain personal data, including when registering or using the platform (such as time of visit, browser type, IP address, etc.). By providing their personal data to the application, Members consent to their processing by NES Link SA, in accordance with the privacy policy available at this address : https://sowapi.com/politique-de-confidentialite.
In accordance with the 2023 revision of the Federal Data Protection Act (DPA)NES Link SA is committed to guaranteeing the transparency, security and confidentiality of personal data provided by users. For Members residing in the European Union, NES Link SA also ensures data portability in accordance with the General Data Protection Regulation (RGPD).
Members may at any time exercise their rights, in particular by requesting the portability or deletion of their personal data, in accordance with these regulations. All requests should be sent to the following address info@sowapi.com
VI.2 – Use of data supplied
When creating a user account, SOWAPI collects personal information necessary for the proper execution of services. Without this information, certain functionalities may not be accessible. The following information is collected:
VI.3 – Content entered on SOWAPI by Members
Members are responsible for the content they publish on SOWAPI. They must notify the Administrators of any illicit content so that it can be promptly removed. The Administrators will remove any content that is defamatory, abusive, illegal or infringes the rights of third parties as soon as they become aware of it.
Member-pet sitters and Member-pet parents agree to have their opinions and comments published on their profile, as well as their level of experience calculated according to the criteria defined by the Administrators.
By posting reviews or ratings, Members grant NES Link SA a non-exclusive, royalty-free right to use, reproduce and distribute such content for commercial purposes, without compensation.
VII – Subscriptions
VII.1 – Subscribing
A subscription is required to access SOWAPI services. It can only be done via the Apple or Google stores, or on our website.
SOWAPI offers several automatically renewable subscriptions.
By subscribing, the Member and parent accepts the GTCU, understands them and accepts them unreservedly.
VII.2 – Subscription management
All purchases made via the App Store or Google Play are subject to their Terms and Conditions. The stores act as distributors and handle refunds and cancellations.
Please contact the respective customer service department to request a refund or cancel the next automatic renewal of your SOWAPI subscription in your Apple or Google account.
VII.3 – Cancellation of automatic subscription renewal
Without any action on the part of the Member, the subscription is renewed tacitly on the expiry date for a period equal to that subscribed. Members may cancel their subscription at any time via their account on the Apple or Google stores.
Cancellation will take effect on the next billing date and no refund will be made for the current period.
On the App Store (iPhone/iPad) :
On Google Play (Android) :
VIII – Legal relations
VIII.1 – Intellectual property
SOWAPI is operated by NES link SA. All elements of SOWAPI, whether visual or audio, texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright and trademark law. Any total or partial reproduction of the elements accessible and appearing on SOWAPI is strictly forbidden.
Visitors to SOWAPI undertake not to reproduce any of the elements. Any use to the contrary, in whole or in part, or of any of its elements, shall constitute an infringement liable to result in civil and/or criminal proceedings and expose the offending visitor to the relevant penalties.
The SOWAPI trademark is protected not only in Switzerland, but also in the European Union and other territories where the application is used. Any violation of the SOWAPI trademark will result in civil and/or criminal proceedings in the competent courts.
VIII.2 – Safeguard clause
If one or more stipulations of these GCUV are declared invalid pursuant to a law or regulation or a final court decision, the other stipulations shall remain in full force and effect.
VIII.3 – Transfer of rights and obligations
In the event of a total or partial transfer of SOWAPI’s business, the contracts binding the Members and SOWAPI and/or their successors and assigns shall remain binding between the Parties. The contracts, rights and obligations of the Directors may in any event be assigned or transferred without the prior consent of the Members.
VIII.4 – Force majeure
The Directors shall not be held liable for total or partial breach of contract caused by an event of force majeure beyond their control.
VIII.5 – Agreement on proof
The Member acknowledges the validity and probative value of electronic exchanges and records kept by the Administrators and accepts that these elements have the same probative value as a written document signed by hand. Members acknowledge that SOWAPI’s communications and computerized records shall be considered by the Parties as proof of exchanges, orders, payments and transactions between the Parties, unless proven otherwise.
In the event that Les Administrateurs should have to communicate them, they will be considered to be admissible, valid and enforceable between the Parties, in the same manner, under the same conditions and with the same evidential force as any document drawn up, received or kept in writing, except in the event of an obvious error on the part of Les Administrateurs.
VIII.6 – Disputes
VIII.6.a – Prescription
Any claim against Les Administrateurs in connection with these GCU shall be barred within one year. It is irrevocable that the Member waives any payment that has not been requested within one year. Unclaimed sums shall be forfeited to SOWAPI.
VIII.6.b – Applicable law and jurisdiction
These GTCU are governed by Swiss law. For Members residing in the European Union, these GTCU are subject to Swiss law, but without prejudice to the legal provisions relating to consumer protection in their country of residence, which may grant them additional rights.
In the event of a dispute, the Administrators will actively seek an amicable solution with the Member, and only if the amicable solution is unsuccessful within 90 days will the most diligent of the Parties be free to take legal action. If necessary, the competent jurisdiction in the event of a dispute will be deemed to be the competent courts of the place where the Directors have their registered office, and the place of jurisdiction will therefore be Sion in Switzerland.
VIII.6.c – Disputes
Prior to any legal proceedings, NES link SA strongly recommends the use of a mediation service in order to resolve any dispute amicably. Should mediation fail, the parties may take legal action in accordance with these GTCU.
To the extent permitted by applicable law, NES link SA’s liability in the event of a claim or dispute with a Member shall be limited to the amount paid by the Member for the services provided via the SOWAPI.
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