Membership agreement for DomiKators

1. Purpose

This contract governs the membership of the DomiKator —a natural or legal person who registers as such and who declares that they have legal capacity and, where applicable, the necessary professional authorisation— of the Domisik Platform in order to offer and provide pet care and welfare services to Domisikers, as well as the use of the management, reputation, payment collection and visibility tools that the Platform makes available to them.

2. Nature of the relationship

The relationship between Domisik and the DomiKator is of a commercial and independent nature. This contract does not constitute any employment, dependency, agency, partnership or joint venture relationship between the parties.

The DomiKator acts as an independent professional or entity, with full organisational and technical autonomy and full autonomy as to means, bearing their own business risks, and is fully responsible for the performance of the service contracted by the Domisiker and, consequently, civilly liable for any claim that may arise from its provision.

Domisik acts exclusively as a technological intermediary and collection agent, without assuming the performance of the underlying services.

3. DomiKator obligations

To provide the services with the diligence, quality and safety required of a professional in the sector.

To hold and keep in force the licences, registrations, qualifications and authorisations legally required for their activity (including, where appropriate, veterinary professional registration or authorisation).

To be registered under the tax and Social Security regimes that apply and to comply with their tax obligations.

To take out and maintain civil liability insurance appropriate to their activity.

To keep the information in their profile, availability and prices truthful and up to date.

To define and keep published their cancellation policy (apdo. 2 «Política de cancelación de cada DomiKator» de la Política de Cancelaciones) and to comply with the policy in force at the time of each booking.

To complete Stripe's identity verification (KYC) process in order to be able to receive payments.

To comply with animal protection, consumer protection and data protection legislation in respect of the Domisikers with whom they interact.

To declare and warrant, on their own responsibility, that neither the DomiKator nor the persons who take part in the provision of the service have been convicted of offences of animal cruelty or abandonment, of violence, against persons, of fraud or of similar offences incompatible with the provision of the service. This statement has the nature of a responsible declaration: Domisik neither collects nor retains criminal record certificates (art. 10 RGPD). The falsity of this declaration constitutes a serious breach for the purposes of the apdo. 3 «Medidas aplicables» de la Política de Abuso y Fraude.

Not to assign or delegate to third parties the care, custody or control of the animal without authorisation, and to act in accordance with the veterinary emergency protocol and the protocol for failure to collect the animal provided for in the apdo. 9 «Prestación de servicios con animales» de las Condiciones Generales de Uso and the apdo. 10 «No recogida o abandono del animal» de las Condiciones Generales de Uso.

Not to engage in the conduct of abuse or fraud defined in the apdo. 1 «Definición de abuso y fraude» de la Política de Abuso y Fraude, in particular the solicitation of clients in order to arrange services privately outside the Platform and the sharing of contact details or unauthorised advertising in any format.

4. Identity verification and professional authorisation

The DomiKator must hold the authorisations legally required for their specific activity and for the manner in which it is provided, under the following graduated regime, without imposing requirements greater than those established by law in each case: (i) activities reserved to regulated professions or requiring an official qualification or certification —notably veterinary services— require the corresponding professional registration, qualification or authorisation; (ii) care, dog walking, day care or boarding services may be provided by professionals or by private individuals, and the private individual shall not be required to hold a zoological nucleus registration, which shall only be necessary where the DomiKator operates as an establishment or an activity subject to that obligation; (iii) services involving the handling or custody of potentially dangerous animals require the corresponding PPP keeping licence and insurance, in accordance with the apdo. 9 «Prestación de servicios con animales» de las Condiciones Generales de Uso; and (iv) the transport of animals carried out as an economic activity requires the authorisation and the certificate required by the applicable legislation.

The DomiKator declares that they hold the authorisations corresponding to the services that they offer and undertakes to keep them in force. Domisik shall verify the legitimacy of the profile and of the activity and may request such data and documents as it deems appropriate (identity document, qualifications, professional registration certificates, PPP licence, insurance policies and any other relevant documentation).

The profile shall remain suspended from activity until Domisik confirms that legitimacy. Domisik may repeat the verification periodically or where there are indications of irregularity.

Domisik reserves the right to block or suspend the profile, and even to delete the profile or the user, if abuse or fraud is detected (apdo. 3 «Medidas aplicables» de la Política de Abuso y Fraude).

5. Commission and payments (Stripe Connect)

Domisik applies the intermediation commission in force, which is added transparently to the price set by the DomiKator and is borne by the Domisiker (apdo. 3 «Flujo de pago» de las Condiciones de contratación y pagos). The DomiKator receives the price of their service in full, with no deductions from it.

Payments are processed through Stripe Connect, in accordance with the flow for holding, segregating and transferring funds set out in the apdo. 3 «Flujo de pago» de las Condiciones de contratación y pagos. The DomiKator opens a Stripe connected account, accepts the Stripe Connected Account Agreement and completes Stripe's KYC verification in order to be able to receive payments.

The passing on of the payment provider's fees is governed by the apdo. 4 «Comisiones del proveedor de pago y datos de pago» de las Condiciones de contratación y pagos, and the modification of the commission and of the other financial conditions by the apdo. 5 «Modificación de porcentajes y condiciones económicas» de las Condiciones de contratación y pagos; the modifications shall be notified with the minimum notice period provided for therein, in accordance with Regulation (EU) 2019/1150, and the DomiKator may terminate the contract before they come into force if they do not agree with them.

In the event of cancellation of the service by the DomiKator, the regime of full refund to the Domisiker and of passing the financial loss on to the DomiKator provided for in the apdo. 3 «Comisión de plataforma en caso de cancelación» de la Política de Cancelaciones and the apdo. 5 «Cancelación por el DomiKator» de la Política de Cancelaciones shall apply.

Domisik shall issue an invoice for its intermediation commission. The DomiKator is responsible for invoicing their services to the Domisiker.

6. Reputation and ratings

The DomiKator accepts the verifiable reputation system (apdo. 6 «Sistema de reputación» de las Condiciones Generales de Uso). The maintenance of quality standards may give access to benefits (Dokens, badges, visibility); repeated failure to meet them may give rise to the restriction of visibility, suspension or account closure.

7. Intellectual property and content licence

The DomiKator grants Domisik a non-exclusive, royalty-free licence, for the territorial scope in which the Platform operates, to reproduce and communicate to the public the content that they upload (texts, photographs, logos) for the purpose of promoting their services within the Platform and its channels. The DomiKator warrants that they hold the rights to such content.

In respect of matters not provided for in this section, the general regime for content and licences set out in the apdo. 4 «Contenidos del usuario y licencias de uso» de las Condiciones Generales de Uso shall apply: in particular, any advertising or commercial use by Domisik itself other than the promotion of the DomiKator's services requires their express and revocable consent.

8. Data protection between the parties

In respect of the Domisikers' data to which they have access in order to provide the service, the DomiKator acts as an independent data controller for the purposes inherent in the provision of the service, undertaking to comply with the RGPD and the LOPDGDD.

To the extent that the DomiKator processes data on behalf of Domisik, the corresponding data processing annex shall apply. Both parties undertake not to use the data for incompatible purposes and not to disclose them to unauthorised third parties.

9. Liability and insurance

The DomiKator is solely liable towards the Domisiker and towards third parties for the damage arising from the provision of the service, including any damage that the animal may suffer, and shall hold Domisik harmless against any third-party claim arising from their activity (indemnity clause).

The DomiKator declares that they hold civil liability insurance. During the initial (Seed) phase, direct civil liability rests with the DomiKator; Domisik intends to offer a complementary insurance service in later phases.

Domisik's liability towards the DomiKator, to the extent legally permitted, is limited to the amounts of commission actually received in the three months preceding the event giving rise to it, save in cases of wilful misconduct or gross negligence.

10. Duration, suspension and termination

The contract is of indefinite duration and may be terminated by either of the parties by giving reasonable notice through the Platform.

Domisik may suspend or terminate the membership with immediate effect in the event of serious breach, fraud (apdo. 3 «Medidas aplicables» de la Política de Abuso y Fraude), risk to the safety of persons or animals, or lack of the authorisations required (apdo. 4 «Verificación de identidad y habilitación profesional»).

The financial effects of suspension or termination by way of sanction (retention of pending funds, loss of Dokens and treatment of the services pending performance) are governed by the apdo. 5 «Efectos económicos de la suspensión, el bloqueo o la baja por sanción» de la Política de Abuso y Fraude.

In the event of voluntary closure, the DomiKator is responsible for first withdrawing the funds pending in their connected account and for settling the bookings in progress, in accordance with the apdo. 12 «Cancelación de cuenta a solicitud del usuario» de las Condiciones Generales de Uso.

11. Internal complaints channel

Domisik maintains an internal channel for handling DomiKators' complaints —the support and disputes channel of the Platform, or the email address support@domisik.com—, including those relating to suspensions, restrictions of visibility or termination of membership, in compliance with Regulation (EU) 2019/1150. Restrictive measures shall be reasoned and may be appealed through this channel.

12. Modifications, governing law and jurisdiction

Domisik may modify the conditions applicable to the DomiKator, giving reasonable prior notice thereof. Continued use of the Platform shall imply acceptance thereof; otherwise, the DomiKator may terminate the contract.

The contract is governed by Spanish law. The parties submit to the Courts and Tribunals of the city of Córdoba, waiving any other jurisdiction to which they may be entitled.