Careocity Inc.
IMPORTANT NOTICE: WAIVER OF RIGHT TO JURY TRIAL AND CLASS ACTION
PLEASE BE ADVISED THAT BY AGREEING TO THESE TERMS, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW OR TO HAVE A JURY TRIAL ON ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF CAREOCITY INC.’S PLATFORM OR SERVICES.
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND CAREOCITY INC. WILL BE RESOLVED, INCLUDING A MANDATORY ARBITRATION AGREEMENT THAT REQUIRES YOU TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, SUBJECT TO LIMITED EXCEPTIONS. THIS AGREEMENT APPLIES TO ALL CLAIMS, INCLUDING CLAIMS THAT AROSE, WERE ASSERTED, OR EXISTED PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, AND CLAIMS THAT MAY ARISE AFTER TERMINATION OF YOUR ACCESS TO CAREOCITY INC.’S PLATFORM OR SERVICES.
BY USING CAREOCITY INC.’S PLATFORM OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY ACCEPT THESE TERMS OF USE, INCLUDING THE ARBITRATION AGREEMENT, AND YOU AGREE TO BE LEGALLY BOUND BY THEM IN THEIR ENTIRETY. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS TO AND USE OF CAREOCITY INC.’S PLATFORM OR SERVICES.
Terms of Use Last Updated: May 1, 2025
- Contractual Relationship
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Care Recipient or Decision Maker,” “Care Ambassador,” “Decision Maker,” “Representative,” “you,” or “your”) and Careocity Inc. (“Careocity,” “we,” “us,” or “our”) governing your use of the Careocity Inc. digital caregiver marketplace platform, including our website(s), mobile application(s), and any related content or services (collectively, the “Careocity Platform” or “Services”).
Careocity Inc. provides a platform that connects individuals seeking in-home care services (“Care Recipient or Decision Makers” or “Care Recipients”) with independent caregivers (“Care Ambassadors”). We are not a home care agency, employer, or healthcare provider. Careocity is a technology platform that facilitates access to high-quality, vetted caregivers and enables Care Recipients or Decision Makers to request and book care services directly.
Unless otherwise agreed in writing, these Terms supersede any prior agreements or understandings related to your use of the Careocity Platform.
- Supplemental Terms
Your access to and use of the Services is also governed by:
• Our Privacy Policy, which outlines how we collect, use, store, protect, and disclose your personal information in compliance with applicable privacy laws and regulations;
• Our Community Guidelines, which set forth mandatory behavioral expectations, prohibited conduct, and enforcement mechanisms to promote a safe and respectful environment;
• Any additional service agreements, addenda, or communications issued during your onboarding or provided in connection with specific services or promotions.
Together, these documents, along with these Terms of Use, constitute the entire agreement between you and Careocity Inc. regarding your use of the Services. In the event of any conflict between these Terms of Use and Supplemental Terms, the Supplemental Terms shall govern, unless expressly stated otherwise.
- Territory and Jurisdiction
These Terms apply to Services offered by Careocity Inc. within the United States, its territories, and possessions. If you access the Services from another jurisdiction, you acknowledge and agree that your use of the Platform and Services shall be governed exclusively by U.S. laws, including federal laws and the laws of the state in which Careocity Inc. is headquartered, to the fullest extent permitted by applicable local laws.
The words “including” and “include” as used in these Terms shall be interpreted to mean “including, but not limited to,” and shall not be construed to limit the generality of any preceding statement or provision.
- Termination
Careocity Inc. reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate these Terms or your access to the Platform, Services, or any related functionality, in part or in whole, at any time, with or without cause or prior notice. Grounds for termination may include, but are not limited to:
• Violations or breaches of these Terms, Supplemental Terms, or applicable laws;
• Abusive, unsafe, unlawful, or fraudulent behavior toward Careocity Inc., users, Caregivers, or third parties;
• Failure to resolve nonpayment, disputes, or outstanding account balances;
• Breach of local, state, federal, or international laws or regulations;
• Attempts to circumvent the platform by engaging directly with Care Ambassadors, Care Recipients, or Decision Makers outside the Careocity Inc. application or approved processes.
Careocity Inc. also reserves the right to take any action deemed necessary to protect its business interests, users, caregivers (known as Care Ambassadors), and affiliates, including but not limited to reporting misconduct to relevant authorities or pursuing legal remedies.
You may voluntarily terminate your account at any time by contacting Careocity Support. Termination of your account shall not relieve you of any accrued or outstanding payment obligations, fees, or liabilities incurred prior to termination, all of which shall remain enforceable.
Upon termination by either party, Careocity Inc. reserves the right to retain, disable, or delete data associated with your account, subject to applicable privacy laws and Careocity Inc.’s Privacy Policy. Careocity Inc. shall not be liable for any inconvenience, loss, or harm arising from such termination, to the extent permitted by law.
- Acceptance of Terms and Future Updates
By accessing or using Careocity Inc.’s Platform or Services, you confirm that you have read, understood, and agree to be bound by these Terms of Use, along with all applicable Supplemental Terms, policies, or agreements referenced herein.
• Modification of Terms: Careocity Inc. reserves the sole and absolute right to update, modify, or amend these Terms or any related policies at any time, at its discretion, without prior notice to you. If material changes are made, reasonable efforts will be taken to notify users via email, Platform notifications, or other appropriate methods. The “Last Updated” date will be posted at the top of these Terms.
• Acknowledgment and Continued Use: Your continued access to or use of the Platform, Services, or any related functionality after the posting of modifications constitutes your acknowledgment and acceptance of the changes. If you do not agree to the updated Terms, you must discontinue use of the Platform or Services immediately.
• Retention of Supplemental Terms: Certain Supplemental Terms may apply to specific regions or Services. In the event of a conflict between these Terms and the Supplemental Terms, the latter shall govern.
By using the Platform, you agree to remain informed of any modifications or updates to these Terms and understand that your continued use constitutes binding acceptance of all changes.
- Arbitration Agreement
BY AGREEING TO THESE TERMS, YOU AGREE THAT ANY CLAIM OR DISPUTE YOU MAY HAVE AGAINST CAREOCITY INC. MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AS SET FORTH IN THIS SECTION. THIS AGREEMENT PRECLUDES YOU FROM BRINGING OR PARTICIPATING IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST CAREOCITY INC. AND PRECLUDES YOU FROM SEEKING OR OBTAINING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION FILED BY ANY OTHER PARTY.
A. Agreement to Binding Arbitration You and Careocity Inc. agree that any dispute, claim, or controversy arising out of or relating to:
• These Terms or any prior version of the Terms;
• The Careocity Platform, Services, or any related policies;
• Your relationship with Careocity Inc., whether as a Care Recipient, Decision Maker, or Independent Provider (Care Ambassador); or
• The booking, delivery, or performance of services arranged through the Platform, including claims based on conduct occurring before or after the effective date of these Terms,
shall be resolved exclusively through final and binding arbitration administered by a recognized arbitration organization such as the American Arbitration Association (AAA) or another mutually agreed-upon arbitrator under the applicable arbitration rules.
This provision applies to claims that arose or were asserted before your acceptance of these Terms and claims that may arise after termination of your use of the Platform or Services.
B. Class Action Waiver YOU AND CAREOCITY INC. AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION. No arbitration or legal proceeding shall be joined or consolidated with any other arbitration or proceeding involving another party.
The arbitrator’s authority is limited to resolving individual claims. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.
C. Exceptions to Arbitration This Arbitration Agreement does not apply to the following types of claims, which may instead be resolved in a court of law or another appropriate forum: - Individual claims filed in small claims court, provided the claim remains within that court’s jurisdiction;
- Requests for injunctive or equitable relief related to intellectual property infringement, unauthorized use of the Platform, or misuse of confidential information.
D. Arbitration Process and Notice To begin arbitration, the initiating party must provide a written Notice of Dispute to the other party. Notices to Careocity Inc. must be sent to:
Careocity Inc.
1309 Coffeen Ave, Ste 1200
Sheridan, WY 82801
connect@careocity.co
The Notice must include:
• The claimant’s name, contact information, and account details;
• A detailed description of the nature and basis of the claim; and
• The specific relief sought.
If the dispute is not resolved within 30 days after the Notice is received, either party may commence arbitration. Arbitration shall be conducted in the county where you reside or at another mutually agreed-upon location.
E. Costs and Fees Each party shall bear its own costs, fees, and expenses associated with arbitration unless otherwise required by law or determined by the arbitrator. However, Careocity Inc. may, at its discretion, reimburse reasonable arbitration filing fees for claims deemed non-frivolous.
F. Governing Law and Arbitrator’s Authority The interpretation, enforcement, and execution of this Arbitration Agreement shall be governed by the Federal Arbitration Act (FAA). The arbitrator shall have the exclusive authority to determine the scope, enforceability, and interpretation of this Arbitration Agreement.
G. Severability and Survival If any provision of this Arbitration Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Arbitration Agreement shall survive termination of your use of the Platform, Services, or your relationship with Careocity Inc.
H. Acknowledgment and Agreement By agreeing to these Terms and accessing Careocity Inc.’s Platform or Services, you expressly acknowledge and agree to be bound by this Arbitration Agreement, including the Class Action Waiver, and understand that you are waiving your right to a trial by jury or to participate in any class or representative action.
- Services Agreement
The Careocity platform (“Careocity Inc.,” “we,” or “us”) enables users to: - Find, request, schedule, or receive Third-Party Services provided by independent caregivers referred to as “Care Ambassadors,” which are not employees, agents, or representatives of Careocity Inc.;
- Utilize supporting digital services, including but not limited to scheduling tools, communication channels, customer support systems, and secure payment processing services;
- Access personalized content, recommendations, and resources tailored to your preferences, usage patterns, and interaction history. Such content may include promotions, advertisements, educational resources, or other services designed to enhance your user experience.
Unless explicitly agreed upon by Careocity Inc. in a separate written and signed agreement, the Services are provided solely for your individual, non-commercial use as a Care Recipient or Decision Maker, referring to the Care Recipient or an authorized representative, or as an independent Care Ambassador. Any unauthorized use, reproduction, distribution, or commercial exploitation of the Services is strictly prohibited and may result in account suspension, termination, or legal action.
- Matching Services
Care Request Process: When a Care Recipient or Decision Maker submits a care request through the Careocity Inc. application, our platform uses the details of the request to identify and present a list of qualified and vetted Care Ambassadors who are available and well-suited for the assignment. The Care Recipient or Decision Maker is then able to review these matches and select the Care Ambassador they believe is the best fit.
Once a selection is made, Careocity Inc. facilitates notification to the chosen Care Ambassador about the opportunity. It is at the sole and absolute discretion of the Care Ambassador to accept or decline the offer. If the Care Ambassador declines, they may, but are not required to, provide a reason. Repeated and unjustified declinations may result in a temporary or permanent suspension of access to the Careocity platform, as determined at Careocity Inc.’s sole discretion.
Please note that once a session is confirmed and scheduled, options for cancellation or rescheduling may be limited. If cancellation is permitted, a fee may apply—particularly in cases where the Care Ambassador has reserved time or incurred costs in preparation for the session.
- Nature of the Relationship
Careocity Inc. explicitly disclaims being a home care agency, employer, or healthcare provider. The platform functions solely as a technology marketplace that connects Care Recipients or Decision Makers with qualified and vetted independent Care Ambassadors.
Careocity Inc. does not supervise, direct, or control the manner or method of services performed by Care Ambassadors. Care Ambassadors are independent contractors and are neither employees, agents, nor legal representatives of Careocity Inc.
Any actions taken by Careocity Inc. to improve safety, trust, or reliability—such as background checks, insurance facilitation, or implementation of quality standards—are conducted solely to enhance user experience. These actions do not create or imply any employment, agency, or fiduciary relationship between Careocity Inc. and any Care Recipient, Decision Maker or Care Ambassador.
- App Stores
If you downloaded the Careocity Inc. App from a third-party app store, such as the Apple App Store or Google Play Store (each referred to as an “App Store”), be advised:
• These Terms constitute an agreement between you and Careocity Inc., not the App Store. The App Store has no liability regarding the App or its use.
• The App Store may be deemed a third-party beneficiary of these Terms and, upon your acceptance of these Terms, will have the right to enforce limited provisions contained herein.
• If you downloaded the App from the Apple App Store, these Terms explicitly incorporate Apple’s Licensed Application End User License Agreement by reference.
- Ownership; License; and Use Restrictions All rights, title, and interest in the Careocity Inc. App, website, content, and services—including all associated intellectual property rights—are and shall remain the exclusive property of Careocity Inc. or its licensors. These Terms establish a license for use and explicitly do not constitute a sale or transfer of ownership rights.
Subject to your strict and ongoing compliance with these Terms, Careocity Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: - Access and use the Careocity Inc. App on your personal device solely for purposes directly related to your use of the Services;
- Access and use any content, materials, or tools provided through the Services strictly for personal care-related purposes.
You may not:
• Utilize, reproduce, or display Careocity Inc.’s trademarks or content for marketing, resale, or derivative works without prior written approval;
• Copy, distribute, license, modify, reverse engineer, or otherwise exploit the Services or any part thereof;
• Attempt to disrupt, interfere with, or compromise the functionality, performance, or security of the platform;
• Circumvent or attempt to bypass security mechanisms or access features or areas of the App not intended for you;
• Mirror, frame, or link to the App without prior, explicit written permission.
Any rights not expressly granted herein are reserved by Careocity Inc.
- Cancellation and Refund Conditions
Careocity Inc. is committed to supporting flexibility for both Care Recipients or Decision Markers and Care Ambassadors while respecting the time and availability of all users. The following terms apply to the cancellation of any scheduled caregiving service:
A. Care Recipient or Decision Marker-Initiated Cancellations
• 24 Hours or More Before Scheduled Start Time: If a Care Recipient or Decision Maker cancels a scheduled caregiving service 24 hours or more in advance, no charge will be incurred, and the full amount will be refunded.
• 12–24 Hours Before Scheduled Start Time: If a Care Recipient or Decision Maker cancels within 12–24 hours of the scheduled service time, the Care Recipient or Decision Maker will be charged 50% of the total fee (including both the Care Ambassador’s booking fee and the Careocity Inc. service fee), unless otherwise waived at Careocity Inc.’s sole discretion.
• Under 12 Hours Before Scheduled Start Time: If a Care Recipient or Decision Maker cancels within 12 hours of the scheduled service time, no refund will be issued, and the Care Recipient or Decision Maker will be charged the full amount (including both the Care Ambassador’s booking fee and the Careocity Inc. service fee), unless otherwise waived at Careocity Inc.’s sole discretion.
• Refund Policy: In the event that the Careocity’s platform is unable to arrange an alternative session for the specified day, the collected refund will be issued to the Care Ambassador.
B. Exceptions to Cancellation Charges
The cancellation fee may be waived at the sole and absolute discretion of Careocity Inc. if the Care Recipient or Decision Maker provides a valid reason for cancellation supported by verifiable documentation. Valid reasons include but are not limited to:
• Emergency hospitalization or medical admission of the Care Recipient or an immediate family member;
• Sudden illness or injury preventing the appointment from taking place;
• Death of the Care Recipient or an immediate family member;
• Natural disaster or weather event that makes the scheduled visit unsafe or impossible;
• Unforeseen transportation issues (e.g., car accident or mechanical failure) with supporting evidence;
• COVID-19 or other communicable disease-related isolation, validated by medical documentation.
Requests for cancellation fee waivers and supporting documentation must be submitted within 48 hours of cancellation through the Careocity Inc. App or by contacting Careocity Inc. customer support. Failure to provide the required documentation within this time frame may result in the imposition of the applicable cancellation fees, as outlined above.
C. Rescheduling and Replacement Policy
At Careocity Inc., we understand that care needs and circumstances can change unexpectedly. The following outlines how rescheduling and replacement are handled within the platform:
Care Recipient or Decision Maker-Initiated Rescheduling If a Care Recipient or Decision Maker cancels a scheduled service, the originally matched Care Ambassador will be made available to other Care Recipients or Decision Makers in need of care during that time slot. Care Recipients or Decision Makers who wish to reschedule a service must submit a new request within the Careocity Inc. App. A new match will be proposed based on real-time availability, stated preferences, and specific care needs.
Care Ambassador-Initiated Cancellations If a Care Ambassador cancels a scheduled service, Careocity Inc. will proactively:
• Identify and recommend a suitable replacement Care Ambassador, based on the Care Recipient or Decision Maker’s profile, explicit care preferences, and required timing;
• Ensure the replacement Care Ambassador is equally qualified, vetted, and capable of meeting the Care Recipient or Decision Maker’s needs.
If Careocity Inc. is unable to find a suitable match for the scheduled time, the Care Recipient or Decision Maker will not be charged for the missed or cancelled service.
Care Recipient or Decision Maker Choice and Approval Careocity Inc. will continue the matching process until a suitable Care Ambassador is found. However, Care Recipients or Decision Makers retain full discretion to accept or decline any Care Ambassador presented. No charges will be incurred unless and until a new Care Ambassador is accepted and scheduled for service.
- Accessing the Services
User Accounts To access and use most aspects of the Careocity Inc. platform (the “Services”), you must register for and maintain an active personal user account (“Account”). This applies whether you are a Care Recipient, Decision Maker, or Care Ambassador.
Unless otherwise specified by Careocity Inc.: - You must be at least 18 years old or the age of legal majority in your jurisdiction (whichever is greater) to register for and use the Services;
- You may only possess one Account per role (e.g., Care Recipient, Decision Maker, or Care Ambassador);
- You may not assign, share, or transfer your Account to any other person or entity;
- Duplicate, fraudulent, or inactive accounts may be suspended or deleted at Careocity Inc.’s sole and absolute discretion.
You are fully responsible for all activities that occur under your Account and agree to maintain the confidentiality and security of your login credentials. If you suspect unauthorized access or believe your Account has been compromised, you must notify Careocity Inc. promptly.
You may not register for or maintain an Account if you have been previously removed, suspended, or banned from using the Services for violating Careocity Inc.’s policies, or terms.
Creating an Account requires you to provide certain personal information, including but not limited to:
• Your full name, phone number, email address, and residential address;
• Photographic ID or live photo;
• Proof of credentials (for Care Ambassadors);
• At least one valid payment method (for Care Recipients and/or Decision Makers).
Careocity Inc. reserves the right to request additional documentation to verify identity, age, professional certification, or eligibility to receive services.
Careocity Inc. may disable or delete your Account if:
• Your account remains inactive for an extended period;
• You fail to confirm your identity when requested;
• There is evidence of unauthorized use;
• You have violated applicable laws or platform guidelines;
• You do not complete the account setup process within a reasonable time.
To the extent permitted by law, Careocity Inc. disclaims liability for any loss of access due to account deactivation or deletion. If you choose to discontinue use or your Account is disabled by us, this Agreement shall terminate with respect to your access to Services, except for those provisions that survive termination.
For more information on how your data is used, please review the Careocity Inc. Privacy Policy.
Minors: Minors under the age of 18 are not permitted to independently register for or use the Services. Careocity Inc. may, however, allow parents or legal guardians to create Accounts and request care on behalf of minors (Care Recipients under 18). In such cases:
• The parent or guardian assumes full responsibility for the minor’s use of Services;
• All interactions involving minors are governed by applicable health, safety, and child protection laws;
• Careocity Inc. retains the right to report incidents involving minors to relevant authorities and fulfill mandatory reporting obligations.
- Data Privacy and Security
Privacy and Compliance with Applicable Laws Careocity Inc. is committed to protecting your personal data. By using the Platform or Services, you consent to the collection, use, storage, and sharing of your data in accordance with Careocity Inc.’s Privacy Policy, which complies with applicable privacy laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
• Data Processing and Use: Your data will only be used for legitimate business purposes, such as providing Services, improving the user experience, or complying with legal obligations.
• User Rights: Depending on your jurisdiction, you may have the right to access, correct, delete, or restrict the processing of your personal data. Details on how to exercise these rights are outlined in the Privacy Policy.
• Security Measures: Careocity Inc. implements reasonable technical, administrative, and physical safeguards to protect your data against unauthorized access, theft, or misuse. However, no data transmission over the internet or electronic storage system can be guaranteed to be 100% secure.
For more details on how your data is handled, please refer to Careocity Inc.’s Privacy Policy [hyperlink].
- Network Access and Devices
You are responsible for securing and maintaining the data network access and bandwidth required to use Careocity Inc. Services. Careocity Inc. is not liable for any network data usage costs or charges incurred, including but not limited to, standard data and message rates that may apply based on your carrier plan.
You are also responsible for obtaining and maintaining compatible devices (e.g., smartphone, tablet, computer) and ensuring that all necessary hardware configurations and software updates are installed. Failure to maintain adequate devices or software may result in limited functionality or inability to use the Services, for which Careocity Inc. assumes no responsibility.
Careocity Inc. makes no guarantee that the Services will function on all devices, operating systems, or network environments and explicitly disclaims any liability for delays, errors, interruptions, or failure of Service caused by:
• Device limitations;
• Network instability or outages;
• Compatibility issues resulting from third-party applications or configurations.
- User Conduct and Requirements
In using Careocity Inc. Services, you agree to abide by all applicable federal, state, and local laws, as well as these Terms of Use. You agree to use the Services solely for lawful and intended purposes, whether you are a Care Recipient, Decision Maker, or Care Ambassador.
All users of the Services, including Care Recipients, Decision Makers, and Care Ambassadors, are expected to maintain professionalism, uphold ethical standards, and act with integrity in all interactions. Conduct that violates this expectation undermines the trust and safety of the platform and is strictly prohibited.
You may not use the Services to cause harm, disruption, damage, nuisance, inconvenience, or reputational harm to Careocity Inc., other users, Care Recipients, Decision Makers, Care Ambassadors, or any third parties. Prohibited conduct includes, but is not limited to:
• Harassment, abuse, bullying, or unlawful discrimination of any kind;
• Falsifying personal or medical information or providing deceptive documentation;
• Misusing caregiver services for unauthorized or non-care-related purposes;
• Engaging in any conduct that threatens or endangers the safety, integrity, or dignity of others;
• Using the platform, conducting or receiving care services, while under the influence of illegal substances or prohibited drugs;
• Attempting to bypass the platform or violate payment protocols by making off-platform arrangements or payments.
Care Ambassadors are required to uphold the highest standards of professionalism, privacy, and care. Any allegations of misconduct, negligence, or inappropriate behavior will result in the immediate suspension of access to the platform, pending an investigation conducted at the sole and absolute discretion of Careocity Inc.
- Assisted Needs, Pets, and Accommodations
If a Care Recipient or Decision Maker requires assistance beyond standard care (e.g., mobility assistance, feeding, etc.), this must be fully and accurately disclosed during the booking process to ensure a properly matched Care Ambassador. Failure to disclose such needs may result in cancellation of services and/or potential fees, at the sole discretion of Careocity Inc.
Careocity Inc. does not provide, install, or maintain medical equipment, restraint systems, or durable medical goods. It is the sole responsibility of the Care Recipient or Decision Maker to ensure that all necessary safety equipment is properly installed, maintained, and utilized.
Subject to the prior consent of the Care Ambassador, domestic pets may be present during caregiving sessions. However, it is the full responsibility of the Care Recipient or Decision Maker to ensure that pets are secured, well-behaved, and do not pose health, safety, or behavioral risks. Care Recipients or Decision Makers may be liable for cleaning fees, hazard fees, or damages resulting from animal behavior, including but not limited to injuries to Care Ambassadors or third parties, property damage, or significant disruption during scheduled services. Careocity Inc. reserves the right to report incidents involving unauthorized or dangerous animals to the relevant authorities.
Service animals are always permitted in accordance with applicable federal, state, and local laws. Careocity Inc. strictly prohibits any form of discrimination against users with disabilities who rely on assistive animals or devices.
- Incident Reporting and Cooperation
If an incident, injury, emergency, or misconduct occurs during use of the Services, all parties involved (Care Recipient, Decision Maker, or Care Ambassador) are obligated to notify Careocity Inc. within 24 hours and provide any reasonable documentation, statements, or evidence necessary for review. Failure to report incidents in a timely manner may result in suspension of access to the platform or other penalties at Careocity Inc.’s sole discretion.
Careocity Inc. and/or Care Ambassadors reserve the right to report any suspected abuse or neglect of a Care Recipient to the appropriate authorities, as required by law or at Careocity Inc.’s discretion. Such abuse may include, but is not limited to:
• Mental or Psychological Abuse: Behavior that causes emotional harm, distress, or trauma to the Care Recipient, such as intimidation, humiliation, isolation, verbal threats, manipulation, or coercion;
• Emotional Abuse: Actions that undermine the Care Recipient’s emotional well-being or sense of self-worth, including consistent belittling, rejection, or exploitation of vulnerabilities;
• Physical Abuse: Evidence of infliction of physical harm or injury, including hitting, slapping, kicking, restraining, or causing pain through unnecessary physical contact or actions;
• Neglect: Failure to provide necessary care, assistance, or resources the Care Recipient requires, such as withholding food, medication, safety measures, or basic hygiene.
Careocity Inc. reserves the right to investigate, mediate, or escalate incidents to legal or regulatory authorities as deemed appropriate by Careocity Inc. Investigations may include but are not limited to:
• Collecting statements from all parties involved;
• Reviewing relevant communications, evidence, or platform interactions;
• Consulting external experts, advisors, or legal representatives.
Ongoing use of the platform may be suspended during any investigation, and access to services or accounts may be limited based on preliminary findings. Careocity Inc. shall not be liable for any inconvenience, delays, or damages incurred as a result of such suspension.
For incidents involving misconduct or illegal activity, Careocity Inc. retains the right to comply with mandatory reporting obligations and cooperate fully with law enforcement authorities or relevant regulatory bodies.
- Communications with Careocity Inc.
By creating an Account, you acknowledge and consent to receive electronic communications from Careocity Inc., Care Recipients, Decision Makers, Care Ambassadors, and authorized third parties, including but not limited to SMS text messages, emails, phone calls, app notifications, and messages via integrated messaging platforms (e.g., WhatsApp or similar tools).
These communications may pertain to scheduling, status updates, incidents, service feedback, promotions, policy updates, and security alerts. Standard message and data rates may apply, and you are solely responsible for any associated costs as determined by your carrier plan.
Notification Preferences: You can adjust notification preferences in your Account settings at any time. If you wish to opt out of SMS communications, you may text “STOP” to any Careocity Inc. number; however, opting out of certain communications may limit or suspend your ability to use the Services effectively.
Mandatory Communications: Careocity Inc. reserves the right to contact you using any method associated with your Account in cases of suspected fraud, misuse, platform violations, unpaid fees, or safety concerns. Such communications are considered mandatory and cannot be opted out of.
- Use of Shared or Sponsored Accounts
If you are using the Services on behalf of a sponsored Care Recipient or Decision Maker—such as a family member, dependent, or institutional resident—you acknowledge and agree that certain information related to the use of the Services (e.g., scheduling history, service details, caregiver identity, or incidents) may be disclosed to the authorized Decision Maker, Sponsor on file, or other authorized representatives as determined by Careocity Inc.’s policies and applicable privacy regulations.
Use of the Services on behalf of another person or business entity requires explicit consent, authorization, and proper documentation to ensure compliance with Terms of Use and platform guidelines. All parties involved are jointly responsible for adherence to the Terms of Use, and Careocity Inc. reserves the right to revoke access or impose penalties in cases of non-compliance or misuse.
- User-Provided Content and Feedback
Users may be invited to submit reviews, ratings, testimonials, photos, suggestions, or other content related to their experience with Careocity Inc. Services or Care Ambassadors.
By submitting content to Careocity Inc., you grant us a non-exclusive, irrevocable, royalty-free, worldwide, perpetual license to use, reproduce, display, publish, modify, distribute, or otherwise exploit that content in connection with the operation, improvement, marketing, and promotion of our Services. This includes, but is not limited to, the right to create derivative works from submitted content without further approval or notification.
We may use this content internally or externally for purposes including advertising, quality control, training, or educational initiatives. Careocity Inc. reserves the right to moderate, edit, or remove content that violates our policies or terms.
All feedback submitted is considered non-confidential and non-proprietary and may be used at Careocity Inc.’s sole discretion without compensation or obligation to the provider. By submitting feedback, you acknowledge and agree that you waive any intellectual property claims or moral rights associated with such content.
- Prices & Charges
Your use of the Careocity Platform as a Care Recipient and/or Decision Maker may result in charges (“Charges”) for the home care services, transportation, wellness services, or other offerings you receive from Careocity Inc. and/or Independent Providers known as Care Ambassadors. Charges may include but are not limited to:
• Base service rates;
• Hourly caregiver rates;
• Equipment or supply costs;
• Cancellation fees;
• Administrative fees; and/or
• Government-mandated fees or taxes, as required by applicable law. Charges may also increase based on factors such as travel distance, urgency of service, or the need for specialized care.
Careocity Inc. will facilitate your payment of the applicable Charges for services or goods obtained through the Platform. Where applicable, required taxes will be included in the total Charges. Charges incurred for services rendered by Independent Care Providers (Care Ambassadors) are owed directly to those Care Providers. Careocity Inc. acts solely as a limited payment collection agent for Independent Providers and collects payment from you on their behalf. Your payment to Careocity Inc. shall be deemed equivalent to direct payment made to the Care Provider.
Careocity Inc. retains the right to adjust the rate (higher or lower) based on the specifics of the care session or services rendered. Adjustments may be based on:
• Extended care service hours;
• Additional tasks performed; or
• Supplies provided that were not originally requested or anticipated.
You agree to pay any such adjusted Charges unless a formal dispute is initiated and resolved in your favor. Disputes regarding Charges must be submitted within a reasonable timeframe as determined by Careocity Inc.’s dispute resolution policies.
Careocity Inc. reserves the right to adjust pricing at any time and will use reasonable efforts to notify you of such changes. Changes to pricing or Charges will become effective immediately upon publication or notification unless otherwise specified. You agree to be fully responsible for all Charges incurred under your Account, regardless of whether you were explicitly notified or aware of updated amounts.
- Payment Methods
By adding a payment method to your Careocity Inc. account, you authorize Careocity Inc. and its third-party payment processors to collect and store your payment information securely. You may store multiple payment methods (such as credit cards, debit cards, health spending accounts, or direct bank transfers), and Careocity Inc. reserves the right to charge any of them for outstanding or future transactions, as deemed necessary.
Your default payment method is specified in your Account settings. If your default method is unavailable, invalid, or declined, Careocity Inc. may automatically attempt to charge another saved method without prior notice. If your payment method is reissued or updated (e.g., new expiration date), Careocity Inc. may automatically update this information in compliance with applicable law if provided by your bank or payment processor.
Careocity Inc. reserves the right to decline, suspend, or limit the use of payment methods that appear unauthorized, illegal, or fraudulent, or that pose any potential risk to Careocity or its users.
A. Payment via Bank Account When selecting your bank account as the payment method, you authorize Careocity Inc. to debit your account for the total Charges, including all applicable taxes and fees. You additionally authorize adjustments such as credits or debits to correct billing errors, issue refunds, or process amendments to prior transactions. Your account must be capable of accepting transactions denominated in U.S. dollars (USD).
B. Third-Party Payment Services Certain payment methods may involve third-party processors or financial services not affiliated with Careocity Inc. You may be subject to fees or surcharges from these providers, which are separate from Careocity Inc. Charges. Careocity Inc. disclaims all liability for such third-party fees and encourages users to review the terms of any third-party services prior to selection.
C. Refunds and Disputes Payments made through the Careocity Inc. Platform are generally non-refundable. Exceptions may be considered at Careocity Inc.’s sole discretion or by the Independent Provider in circumstances such as:
• Service not rendered;
• Provider no-show;
• Documented billing errors;
• Disputes regarding unauthorized Charges.
To initiate a refund or dispute request, use the “Support” or “Help” tab in your Account within 30 calendar days of the original Charge. Requests submitted beyond this timeframe will not be considered, and you waive your right to contest the Charge.
D. Promotional Offers From time to time, Careocity Inc. may offer limited promotional discounts, credits, or referral bonuses to select users. These offers may result in different Charges for similar services across users. Unless explicitly made available to you, promotional offers shall not affect or reduce your Charges. Promotions are subject to modification or discontinuation without prior notice.
E. Gratuity You may optionally provide gratuity to Independent Providers directly through the Platform or in person. Gratuity is entirely voluntary and is not required by Careocity Inc. Careocity Inc. does not withhold or retain any portion of gratuity added through the Platform.
F. Damages, Extra Cleaning, and Non-Compliance You may be charged additional fees if, during your use of Careocity Inc.’s Services, you:
• Cause damage to a caregiver’s property or vehicle (if applicable);
• Create a mess or unsafe environment requiring professional cleaning services;
• Violate platform Terms of Use, resulting in incomplete or failed transactions.
Careocity Inc. will assess such fees based on documented evidence and the severity of the issue. Charges for damages or violations may be applied to your payment method on file. If deemed appropriate, any applicable amounts will be forwarded to the Independent Provider or retained by Careocity Inc.
G. Gifting Services You may gift home care services or wellness sessions to others through the Careocity Inc. platform. Gift recipients must have or create an Account to redeem the gift. Careocity Inc. will deliver gift details via SMS or email. Gifts must be redeemed within seven (7) calendar days from purchase. If not redeemed within this period, the sender may be issued a refund or account credit, minus applicable service fees.
- Disclaimers
THE SERVICES PROVIDED BY CAREOCITY INC., INCLUDING ITS PLATFORM, TOOLS, COMMUNICATIONS, AND FACILITATION OF CARE SERVICES, ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAREOCITY INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE CONTINUOUSLY AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERRORS OR DEFECTS.
CAREOCITY INC. MAKES NO WARRANTY REGARDING THE QUALITY, RELIABILITY, SUITABILITY, SAFETY, OR AVAILABILITY OF CARE SERVICES OR OTHER SERVICES OR GOODS REQUESTED THROUGH THE PLATFORM. UNLESS EXPRESSLY STATED, CAREOCITY INC. DOES NOT GUARANTEE THAT CAREGIVERS OR THIRD-PARTY PROVIDERS POSSESS ANY PARTICULAR LICENSURE, CERTIFICATIONS, OR QUALIFICATIONS. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE OF SERVICES PROVIDED BY CAREGIVERS, PARTNERS, OR THIRD-PARTY PROVIDERS IS AT YOUR OWN RISK AND RESPONSIBILITY, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
CAREOCITY INC. DOES NOT SUPERVISE, MANAGE, OR DIRECT THE ACTIONS, METHODS, OR SERVICES OF CAREGIVERS OR THIRD-PARTY PROVIDERS. CAREGIVERS ARE INDEPENDENT CONTRACTORS AND ARE NEITHER AGENTS, EMPLOYEES, NOR LEGAL REPRESENTATIVES OF CAREOCITY INC. CAREOCITY INC. DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE ACTS, OMISSIONS, ERRORS, OR CONDUCT OF CAREGIVERS OR THIRD-PARTY PROVIDERS.
YOU ACKNOWLEDGE THAT CAREOCITY INC. IS NOT A LICENSED MEDICAL OR HEALTHCARE PROVIDER, NOR DOES IT OFFER MEDICAL, CLINICAL, OR HEALTHCARE SERVICES. ANY CONTENT, INFORMATION, OR COMMUNICATION PROVIDED BY CAREOCITY INC. IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHALL NOT BE RELIED UPON AS MEDICAL DIAGNOSIS, TREATMENT, OR ADVICE.
CAREOCITY INC. DOES NOT CONTROL OR ENDORSE ANY USER-GENERATED CONTENT, THIRD-PARTY LINKS, OR INFORMATION THAT MAY APPEAR ON THE PLATFORM. CAREOCITY INC. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, LEGITIMACY, OR SAFETY OF SUCH CONTENT OR LINKS. CAREOCITY INC. MAKES NO REPRESENTATION OR WARRANTY THAT THE PLATFORM OR SERVICES ARE FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE SECURITY OF YOUR DEVICE AND SYSTEMS.
TECHNOLOGICAL FEATURES, INCLUDING MATCHING ALGORITHMS AND AUTOMATED SCHEDULING, ARE OFFERED AS TOOLS TO ENHANCE USER EXPERIENCE BUT DO NOT GUARANTEE ANY SPECIFIC OUTCOME, LEVEL OF CARE, OR SERVICE QUALITY.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAREOCITY INC. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR PLATFORM OR SERVICES, EVEN IF CAREOCITY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CAREOCITY INC. SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES ARISING FROM: (i) YOUR USE OF OR INABILITY TO ACCESS, USE, OR COMPLETE TRANSACTIONS THROUGH THE PLATFORM OR SERVICES; (ii) ANY SERVICES, GOODS, OR RELATIONSHIPS RECEIVED FROM, OR ARRANGED WITH, ANY CAREGIVER OR THIRD-PARTY PROVIDER; (iii) DELAYS, INTERRUPTIONS, OR FAILURES IN PERFORMANCE DUE TO EVENTS BEYOND CAREOCITY INC.’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, ACTS OF GOVERNMENT, OR NETWORK OUTAGES; (iv) THE CONDUCT, OMISSIONS, OR CONTENT OF ANY USER, CAREGIVER, OR THIRD PARTY INTERACTING WITH THE PLATFORM.
YOU ACKNOWLEDGE THAT CAREGIVERS MAY NOT BE LICENSED, CERTIFIED, OR PROFESSIONALLY QUALIFIED TO PROVIDE CERTAIN TYPES OF CARE SERVICES. CAREOCITY INC. MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES REGARDING THE QUALITY, SAFETY, SUITABILITY, OR OUTCOMES OF ANY CARE SERVICES ARRANGED THROUGH THE PLATFORM.
TO THE EXTENT ANY LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE NOT PERMITTED UNDER APPLICABLE LAW IN YOUR JURISDICTION, CAREOCITY INC.’S AGGREGATE LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY SUCH LAW OR TO THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE 90 DAYS PRECEDING THE CLAIM, WHICHEVER IS LOWER.
- Indemnity
You agree to indemnify, defend, and hold harmless Careocity Inc., its affiliates, subsidiaries, and their respective officers, directors, employees, contractors, agents, licensors, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs of defense) arising out of or in connection with: (i) Your access to, use of, or inability to use the Platform, Services, or any goods facilitated through the Platform; (ii) Your breach or alleged breach of these Terms, applicable laws, regulations, or guidelines; (iii) Any content, information, or materials you submit, post, or transmit to or through the Platform; (iv) Your actions, omissions, or interactions with any Caregiver, Independent Provider, or third-party service provider; or (v) Your infringement or violation of the rights of any third party, including but not limited to Caregivers, Independent Providers, users, or other third parties.
You agree to cooperate fully with Careocity Inc. in the defense of any claim and to provide all documentation, evidence, or support reasonably required by Careocity Inc. or its legal representatives. Careocity Inc. reserves the right to assume exclusive control and defense of any matter subject to indemnification under this section, and you agree not to settle any such matter without the prior written approval of Careocity Inc.
- Other Provisions
Choice of Law These Terms shall be governed by and construed in accordance with the laws of the state or jurisdiction in which the dispute arises, without regard to its conflict of law provisions, except as explicitly required by any applicable Arbitration Agreement or region-specific Supplemental Terms. This Choice of Law provision applies solely to the interpretation of these Terms and does not extend the application of any state’s or jurisdiction’s laws if the dispute did not originate therein.
Any dispute, claim, or controversy involving personal injury or death (including, but not limited to, allegations of abuse, neglect, harassment, or misconduct) that is claimed to have occurred in connection with the use of the Careocity Inc.’s Platform or Services, whether before or after your acceptance of these Terms, shall be governed by the laws of the state or jurisdiction in which the alleged incident occurred.
Choice of Forum Any dispute, claim, or controversy arising out of or relating to these Terms, including but not limited to the interpretation, breach, enforcement, or termination thereof, shall be brought exclusively in the state or federal courts of the state or jurisdiction in which the dispute arose, unless otherwise provided by an applicable Arbitration Agreement or regional Supplemental Terms.
Notwithstanding the foregoing, claims related to personal injury or death (including, but not limited to, allegations of abuse, neglect, or harassment) that allegedly occurred through the use of Careocity Inc. Services shall be brought exclusively in the state or federal courts located in the state or jurisdiction where the alleged incident occurred, regardless of whether other courts may also have jurisdiction.
This Choice of Law and Forum provision does not apply to disputes covered by an applicable Arbitration Agreement. In such instances, arbitration terms shall prevail.
Claims of Copyright and Trademark Infringement Claims regarding the infringement of copyright or trademark rights should be directed to Careocity Inc.’s designated agent. Such claims must be submitted in compliance with applicable intellectual property laws and takedown procedures. Please contact us through our designated legal notice email or mailing address available on our website for detailed instructions on submitting copyright takedown notices or intellectual property claims.
Notice Careocity Inc. may provide general notices via the Platform, email, text, push notification, or by mail to the contact information associated with your Account. Notices sent electronically shall be deemed given immediately upon transmission. Notices sent by first-class mail or prepaid post shall be deemed given 48 hours after mailing, provided no delivery failures occur.
You may give notice to Careocity Inc. by sending a written communication via first-class mail or prepaid post to our registered business address or designated legal contact listed on our website. Notices shall be deemed effective only upon actual receipt by Careocity Inc.
Where a provision in these Terms specifies a particular form of notice (e.g., for arbitration, dispute resolution, or Terms updates), that specific method shall govern.
General You may not assign these Terms, in whole or in part, without prior written consent from Careocity Inc. Any attempted assignment or transfer without such consent shall be considered null and void. Careocity Inc. reserves the unrestricted right to assign or transfer these Terms at any time, without prior notice, including to: (i) A subsidiary or affiliate; (ii) An acquirer of Careocity Inc.’s business, assets, or shares; or (iii) A successor entity following a merger, acquisition, or reorganization.
No joint venture, partnership, employment, or agency relationship is created between you and Careocity Inc., or between Careocity Inc. and any Caregiver, by these Terms or your use of the Platform. Caregivers are independent contractors and are not employees, agents, or legal representatives of Careocity Inc.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect. The severed provision shall be reinterpreted, to the extent allowed by law, to closely match the intent of the original provision. Careocity Inc.’s failure to enforce any provision shall not be considered a waiver of that provision unless agreed to in writing by Careocity Inc.
This section does not limit or alter the Severability or Survivability provisions contained within any applicable Arbitration Agreement or region-specific Supplemental Terms.
Acknowledgment of Terms
By accessing or using Careocity Inc.’s Platform or Services, you confirm that you have read, understood, and agree to these Terms of Use, including the Arbitration Agreement, Class Action Waiver, Modification of Terms, and all applicable Supplemental Terms, policies, and agreements referenced herein.
You further acknowledge and agree that your continued access to or use of the Platform or Services constitutes ongoing acceptance of these Terms, including any modifications or updates posted by Careocity Inc. as described above. Should there be any questions or concerns, please contact us at connect@careocity.co.