Terms Of Use

These Terms of Use contain important information about your legal rights, remedies, and obligations. By using the Caregiva platform, you agree to comply with and be bound by these Terms (as defined hereinafter).

Acceptance of the Terms of Use.

These Terms are entered into by and between you and us, Caregiva, LLC, a Florida limited liability company (“Caregiva” or “Company”). These Terms of Use, together with documents they expressly incorporate by reference (collectively, these “Terms” or “Terms of Use”), govern your access to and use of Caregiva.net, including any content, functionality and services offered on or through Caregiva.net (collectively, the “Website”).

When you use the Website or click to accept or agree to these Terms when the option is made available to you, you agree to be bound and abide by these Terms and our Privacy Policy, found at www.Caregiva.net/privacy policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access, download or use the Website.

The Website is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Caregiva in your state of residence, and you meet all of the foregoing eligibility requirements. If you do not meet our requirements, your access, download, or use of the Website is a violation of these Terms

Accessing the Website and Account Security.

Caregiva has the right, but not the obligation, to withdraw or amend the Website, and any service or material provided thereon, in our sole discretion without notice. Caregiva may from time to time in its sole discretion develop and provide updates to the Website, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete certain features and functionality. Caregiva has no obligation to provide Updates or provide or enable any particular features or functionality. We shall not be liable if any part of the Website is unavailable at any time or for any period of time. You are responsible to ensure people accessing the Website through your internet connection or mobile device are aware of these Terms and comply with them.

If you access the Website then you may be asked to provide registration details or other information. It is a condition of your use of the Website that all information you provide on the Website is correct, current, and complete. You agree that all information you provide through the Website is governed by our Privacy Policy, which is expressly incorporated herein by reference, and you consent to all actions we take regarding your information consistent with such policy.

You must treat your user name, password or other pieces of information as part of our security procedures as confidential and personal. Your account is personal to you and must not be shared. You agree to immediately notify us of unauthorized access or use of your user name, password or other security breaches. Caregiva may disable any user name, password or other identifier, at any time, for any or no reason.

Eligibility for Use of the Website.

Sitter Eligibility. If you are an individual providing services (“Sitter”), then by registering to use or using the Website, you represent and warrant that: (a) you are 18 years old or older, (b) you are willing to submit all information Caregiva requires for a background check to be performed by a third party provider, and you consent to Caregiva performing such background check; and (c) you have the legal right to work in the United States.

Family or Group Eligibility. If you are a family or group using the Caregiva platform to obtain the services of a Sitter, then by registering to use or using the Website, you represent and warrant that your use thereof is for the purposes intended by Caregiva.

Limitations of Obligations and Responsibilities of Caregiva.

Caregiva has no obligation to verify the accuracy of any content submitted to the Website by a user or anyone other than Company (“User Content”), including, without limitation, profiles and reviews. Caregiva has no control over the accuracy, completeness, reliability, or timeliness of profiles of our users, reviews, or other User Content submitted on the Website and make no representations about any such User Content.

The Company also has no control over the quality or safety or content posted by users on our site, or the truth or accuracy of listings.  We do not ensure or guarantee that a user of our site will actually complete a transaction or act lawfully in using our Website. Further, we cannot ensure a Sitter will not cancel an appointment previously made. We also do not have control, supervise or provide any training or equipment to Sitters, and we have no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever or the services provided by Sitters.

Persons seeking services (“Families” or “Groups”) are required to make their own assessment of the Sitters such Families or Groups decide to interact with, engage with, and receive services from.

As provided in these Terms, you release Caregiva (including, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns) from any claims or liability that may arise from any disputes between you and other users of the Website.

Tax Implications.

Caregiva is not an employment service and we do not serve as an employer of any Sitter. Each Sitter and persons seeking services (“Families” or “Groups”) are solely responsible for any tax, withholding or reporting, including, but not limited to, unemployment insurance, workers’ compensation, Social Security or payroll withholding tax or income reporting in connection with any services provided by Sitters.  You agree if Company is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided by or received by you, then you will immediately reimburse and indemnify Company for all related costs, expenses and liabilities (including interest, penalties and attorney’s fees).

Intellectual Property Rights.

The  Website and its content, features, and functionality, except for User Content (which are licensed to Company pursuant to the User Content section below), are owned by Caregiva, its licensors or other providers of such material and are protected by Federal and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You use of the Website must be personal and non-commercial in nature. 

You have no right to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or your Mobile Device in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our sole option, return or destroy any copies of the materials. No right, title, or interest in or to the Website or any content thereon is transferred to you, and all rights not expressly granted are reserved by Caregiva. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

The Company name, the terms “Caregiva”, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks and property of Caregiva or its affiliates or licensors. You must not use such marks without our prior written permission.

User Content.

The Website may contain message boards, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) allowing users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “Post”) content or materials (collectively, “User Content”) on the Website.

All User Content must comply with the Content Standards set out herein. Any User Content you post to the site will be considered non-confidential and non-proprietary. If you provide any User Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose including, but not limited to, the right to use such User Content for reviews and advertising. You agree you are solely responsible for any User Content you submit or contribute, and you, not Caregiva, have full responsibility for such content, including legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or other users of the Website.

We have the right to (i) remove or refuse to post any User Content for any or no reason in our absolute and sole discretion; (ii) take legal action against any illegal or unauthorized use of the Website; and, (iii) terminate or suspend access to all or part of the Website for any or no reason. We do not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material. Caregiva assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Under no circumstances will Caregiva be liable to any person for any hack or unauthorized access to the Website resulting in dissemination of User Content. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Content Standards.

These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable Federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not (i) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringe patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (iv) violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (v) promote illegal activity, or advocate, promote or assist any unlawful act; (vi) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (vii) impersonate any person, or misrepresent your identity or affiliation with any person or organization, including Caregiva; (viii) give the impression that they originate from or are endorsed by Caregiva or any other person or entity, if this is not the case; or (ix) contain any material objectionable to Caregiva in its absolute and sole discretion.  Sitters agree not to upload media, including photos or videos, of any child in their care.

Prohibited Uses.

Any use of the Website must be for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (i) in any way that violates any applicable Federal, state, local or international law or regulation; (ii) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (iii) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out herein; (iv) to transmit, or cause the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (v) to impersonate, attempt to impersonate Company, a Company employee, another user or any other person or entity; (vi) to cause confusion as to your identity or relationship to the Company; (vii) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our absolute and sole discretion, may harm Company or users of the Website or expose them to liability; and/or (viii) in a way interfering with the proper working of the Website.

No Reliance on Information Posted.

Information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance placed on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by any user or visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All statements expressed in these materials and all articles and responses to questions and other content, other than the content provided by Caregiva, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Caregiva. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Fees.

Caregiva offers an online payment service to facilitate payments for services received through our Website (“Fees”). By use of the Website or the Caregiva platform, you acknowledge and agree no other form of payment, including, without limitation, cash, Venmo, PayPal, and the like) is acceptable for receiving payment for services scheduled through Caregiva and Families and Groups agree that Caregiva will charge your credit card on file to pay all fees, tips, cancellation fees, and service charges scheduled through Caregiva.. Caregiva reserves the right to increase or decrease the Fees from time to time by updating and listing the new Fees on the Website. At Caregiva’s discretion, Sitters may not be able to apply for jobs if their account balance is negative due to cancellation fees. Once a Family or Group and a Sitter have scheduled services through their use of the Website and the Family or Group has confirmed that they have received the services from Sitter, Caregiva will facilitate payment of the applicable Fees. All undisputed Fees shall be payable after a job has been provided to the Family or Group; provided, however, Company may correct clerical errors related to any Fees by providing notice by email and a reasonable opportunity for you to object to the correction. Clerical errors include without limitation minor mistakes or unintentional or duplicate Fees. Disputed Fees shall not be paid until a resolution is reached between Caregiva and Sitter.

Once a Family and a Sitter have scheduled services through their use of the Website and the Family has confirmed that they have received the services from Sitter, we will facilitate payment of the applicable Fees. Any Fees incurred by Families are due immediately. If a Family or Group fails to confirm or complete the transaction within forty-eight (48) hours, the Family or Group authorizes Caregiva to charge the credit card associated with the Family’s or Group’s account. In such event, Caregiva will send you an email receipt.

Payment processing services on Caregiva are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Use on Caregiva, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Caregiva enabling payment processing services through Stripe, you agree to provide Caregiva accurate and complete information about you, and authorize Caregiva to share it and transaction information related to your use of the payment processing services with Stripe with our Privacy Policy.

If a Sitter contacts any Family or Group directly for the purpose of arranging a job in circumvention of the Caregiva platform, Company may assess a circumvention fee of $100.00 against the Sitter.  A circumvention fee may also be assessed against a Sitter, if a Family or Group contacts the Sitter directly and the Sitter accepts a job in circumvention of the Caregiva platform. Company may assess a minimum circumvention fee of $500.00 against a Family or Group if such Family or Group chooses to contact any Sitter directly with the intention of arranging services.

You covenant and agree that you will not (i) circumvent or attempt to circumvent the obligation to pay Fees related to Company’s provision of services; (ii) circumvent  or attempt to circumvent Company’s messaging tools or platform; (iii) establish a contact or continuing a relationship with a Sitter where such contact or relationship was established primarily through the Website for purposes of any of the foregoing; or (iv) dispute Fee amounts for illegitimate reasons.

Links from the Website 

If the Website contains links to other sites provided by third parties, including, without limitation, links in advertisements, these links are provided exclusively for your convenience. Caregiva has no control over the contents of those resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any of the third party websites linked to the Website  you do so at your own risk and subject to the terms of use of each such websites.

Text Messaging and Phone Calls.

If you provide Caregiva with your phone number and using the services made available by the Website you affirmatively consent to receiving communications, via phone calls and text messages, from Caregiva. Although we do not charge for sending text messages, your carrier may charge a fee. Users of the platform may have the option to receive push notification alerts from Caregiva. If push notification alerts are available, you will be given an option to consent to receiving them.  You may also adjust your push notification settings in your mobile device settings.

Disclaimer of Warranties.

You understand we do not guarantee or warrant files available for downloading from the internet, or the Website will be free of viruses or destructive code. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Caregiva DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability.

IN NO EVENT WILL Caregiva, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE  FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO EITHER THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES OR ANY SERVICES PROVIDED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT,   SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification.

You agree to defend, indemnify and hold Caregiva (including, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns) (collectively, the “Indemnified Parties”) harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Caregiva does not authorize Sitters to administer medication, to drive during a job, or perform certain other actions or activities.  In the event that you administer medication or agree to drive or perform any other restricted or prohibited action or activity in connection with your performance of a Job, you agree to indemnify and hold the Indemnified Parties harmless from all liability incurred in connection therewith.

YOU AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM ANY AND  ALL CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) ANY SERVICES PROVIDED BY YOU; (B) ANY CLAIM OR DISPUTE THAT MAY ARISE BETWEEN YOU AND ANY OTHER USER, FAMILY, OR GROUP; AND (C) REVIEWS OR COMMENTS MADE ABOUT YOU ON THE WEBSITE BY OTHER USERS.

Governing Law; Jurisdiction.

These Terms shall be governed and construed by the laws of the State of Florida. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts of the State of Florida for the purposes of any proceedings arising out of this Agreement.

Class Action Waiver.

YOU HEREBY AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability.

No waiver by Caregiva of any term or condition contained in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Caregiva to assert a right under these Terms shall not constitute a waiver of such right or provision.

Should any provision of these Terms be declared invalid, void, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and binding effect of all remaining portions will not be affected, which will remain in full force and effect, and the offending provisions shall be deemed modified and reformed to the minimum extent necessary to make them valid and enforceable.

Entire Agreement.

These Terms of Use, our Privacy Policy, and any other terms and conditions incorporated herein or therein by reference constitute the sole and entire agreement between you and Caregiva with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Changes to the Terms of Use.

Our policy is to post and changes we make to these Terms on the Website. All changes to the Terms are effective when posted and apply to all access and use of the Website thereafter. Continued use of the Website following the posting of revised Terms of Use means you accept and agree to the modified Terms. You are responsible for periodically reviewing this Policy. 

Last updated: December 2022