Skip to content

Terms and Conditions for CareCal

February 2024

Thank you for using CareCal. These Terms and Conditions (“Terms”) are a legal agreement between you and Same Team Childcare LLC dba CareCal (“CareCal”, “we” or “us”) and govern your access to and use of the CareCal Site and/or the CareCal Services/Platform (as defined below).

Please read these Terms before using the Site or the Services/Platform. By using the Site or the Services/Platform, or by clicking to accept or agree to the Terms when this option is made available to you, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a user of the Site or Services/Platform. These Terms include the CareCal Privacy Policy (below), which is incorporated herein. If you object to anything in these Terms or the Privacy Policy, you must not access or use the Site or the Services/Platform.  

CareCal reserves the right, at its reasonable and sole discretion, to modify or replace these Terms at any time. The most current version of these Terms will be accessible through the Site or the Platform. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you either through the email address associated with your Account or another messaging system you have associated with your Account. Use of the Platform by you after any modification to the Terms constitutes your acceptance of the Terms as modified.

For purposes of these Terms, the “Site” shall mean www.mycarecal.com and any other websites, web pages, mobile applications and mobile websites operated by CareCal in the United States, and the “Services” or “Platform” shall mean any of the various services that CareCal provides through the Site.

                                                                                                             

SCOPE OF SERVICES

The mission of the CareCal parent-caregiver scheduling platform is to serve parents (“Parent User” and sometimes referred generally as “User”) and caregivers (“Caregiver User” and sometimes referred generally as “User”) by providing the freedom to choose who they work with, how they pay them, and to sync up in the most efficient way and through what is most fundamental to parent-caregiver matches: an aligned schedule. CareCal will save time and headaches for caregivers and parents, increase childcare coverage opportunities for parents, and lend to increased, planned income for gig workers in childcare.  

LIMITATIONS OF OUR SERVICES

Our Services/Platform solely provides a schedule viewing and booking tool for parents and caregivers and does not screen or vet any person who elects to use our Services/Platform. CareCal is not responsible for how Parent Users or Caregiver Users interpret, utilize, or practice based on the free or paid materials provided. CareCal does not screen, perform background checks, train, or otherwise vet the Caregiver User. CareCal makes no warranties as to the Caregiver User’s suitability as a care provider.

The information published on a Caregiver User’s profile or shared by the Parent User in the booking process is not reviewed or confirmed by CareCal. Likewise, CareCal does not review or regulate reviews on Caregiver Users profiles. CareCal makes no warranties as to the accuracy or completeness of any information on Caregiver User’s profile or reviews.

You understand and agree that the Platform does not provide childcare services, and is not a childcare marketplace, an agency, or matching service of any kind. CareCal provides a technology platform for parents and caregivers to share schedules and book with individuals of their own choosing.

CareCal is not in control of the individual caregivers or parents, their performance, responsiveness, or their personal methodologies. CareCal does not assume responsibility for human resources, matching elements, labor law and/or payments. Users are solely responsible for complying with any and labor, employments, or other laws related to caregiver services.  

USER RESPONSIBILITY

It is the Parent User’s sole responsibility to fully assess candidates for potential employment opportunities, including but not limited to interviewing, vetting, performing background and reference checks, and verifying information.  Likewise, Caregiver Users are solely responsible to assess who they choose to share their User Link with and who they work with.

The CareCal platform is not responsible for the nature of communication between Users when using the platform. Participating Users will conduct their own safety assessments and invite only who they wish to engage with into their individual User Link. 

Eligibility

By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the authority and capacity to enter into these Terms. By registering for the Platform, you state that you are at least 18 years of age, and you are responsible for ensuring that all Users are at least 13 years old. 

Platform Registration

To use the Platform, Users will be required to register and pay the associated fee for the Platform. When registering for the Platform, you are responsible for providing accurate, current and complete information in connection with registration for the Platform. For so long as you use the account, you agree to provide true, accurate, current, and complete information that can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Site. Once registered, User will be provided an individual link to share with others (“User Link”).

User Content

The content that Users post and share in the Platform is referred to in these Terms as “User Content.” User Content may include the User’s Link, messages and replies, and multimedia, as well as information that identifies you, such as your name, contact information, and your picture.

Users are solely responsible for User Content. CareCal is not under any obligation to screen or monitor User Content. However, CareCal reserves the right to review User Content in CareCal’s sole discretion to ensure compliance with these Terms and applicable laws, and to take any action CareCal deems necessary, without notice, in response to a User’s violation of these Terms, including removing User Content, suspending or terminating a User’s account, and taking any appropriate legal action. No delay by CareCal in exercising or failure to exercise any part of these Terms will operate or be construed as a waiver thereof.

You control the visibility of your User Content through the User Link. User Content becomes visible to anyone that has access to User’s Link. You share your User Link at your own risk. Do not include any information in your User Content that is confidential, proprietary, sensitive, or private, or that violates any law. CareCal is not responsible for any use or misuse by any third party of your User Content or User Link.

You have the right, and hereby grant, to CareCal, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

Caregiver Referral through the platform

CareCal may partner with caregiver, nanny, or sitter agencies (“Agencies”) to provide Users access to a caregiver network within the Platform (“agency referral services”). Agency referral services are provided solely for the User’s convenience and CareCal simply provides the scheduling tool to link Users with caregivers from the agency referral services. Users will have the option to opt-in for the agency referral services, if available, through the Platform. Agency referral services are entirely optional, and will require User’s separate consent, and are subject to the Agencies’ terms of service and privacy policy. You understand and agree that such agency referral services are not provided by CareCal, and CareCal does not control or endorse and does not make any representations or warranties regarding such agencies, the services they provide, or the suitability, reliability, timeliness, or accuracy of the services provided by caregivers identified by the agency referral services. There is no guarantee that by using the agency referral services that a caregiver will be identified or secured. It is Users sole responsibility to vet, screen, perform background checks, or any other action necessary to confirm suitability of caregivers identified by the agency referral services. YOU UNDERSTAND AND AGREE THAT USE OF SUCH AGENCY REFERRAL SERVICE AND CONTENT IS AT YOUR OWN RISK. CARECARL IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR THE AGENCIES’ SERVICES, OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT THEREOF, AND CARECAL EXPRESSLY DISCLAIM, AND YOU HEREBY EXPRESSLY RELEASE CARECAL FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY CLAIMS, LIABILITIES, AND/OR DAMAGES ARTISING FROM AND/OR IN ANY WAY RELATED TO THE AGENCIES’ SERVICES.

License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Site and Platform only for your own internal use, and only in a manner that complies with these Terms and all legal requirements that apply to you or your use of the Site and Services. CareCal may revoke this license at any time, in its sole discretion.

Fees, Termination, and Refunds

You agree to pay all applicable fees related to your use of Platform which are provided (www.mycarecal.com).By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, which vary depending on whether your subscription is yearly or monthly.

Payment mechanisms are provided by a third party. User agrees that CareCal will have no liability to you arising out of the acts or omissions of such third parties.

BY REGISTERING FOR THE PLATFORM, YOU CONSENT TO ALLOW CARECAL TO CHARGE YOUR PAYMENT METHOD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.

 

Services will automatically renew for the same subscription period unless you cancel the account by the end of then-current subscription period. Subscriptions can be cancelled any time through clicking Account link inside the Platform dashboard. Please be aware that after YOU CANCEL your subscription, you may not be able to use or access the Platform. You will not be entitled to any refund of fees that you have paid.

Prohibited Uses

You may use the Site and/or Services only for lawful purposes and in accordance with these Terms. Any other use is prohibited and constitutes unauthorized use which may result in the deletion of your CareCal account or a block from the Platform.

Other Websites

The Site may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third party websites unless otherwise identified in these Terms. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. CareCal has no control over the legal documents and privacy practices of third party websites, and by using them, you may be giving those third parties permission to use or control your information in ways CareCal would not. As such, you access any third-party websites at your own risk. 

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site. CareCal reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your User account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. You agree to promptly notify CareCal in the event that you are made aware of any unauthorized or illegal use of the Site or Services.

Intellectual Property

This Site and Services and all materials contained therein are the property of CareCal and protected by copyright, trademark, and other intellectual property laws. The Website and the materials available on this Site are provided solely for your personal, non-commercial use. You may not use the Site or the materials available on the Site in any unauthorized way that infringes on our rights.

Reliance on Information Posted

All information on the Site, including but not limited to blog posts and tips, are on an information-only basis. We do not warrant the accuracy, completeness, or usefulness of this information. None of the information is professional advice or made specifically for your family. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT THE USE OF THE SITE OR SERVICES/PLATFORM IS AT YOUR SOLE RISK. THIS SITE, SERVICES/PLATFORM AND RESOURCES THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CARECAL PLATFORM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER CARECAL NOR ANY PERSON ASSOCIATED WITH CARECAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. carecal makes no warranty that services will be uninterrupted, secure or error-free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of CareCal platform or site is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CARECAL, 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 SITE, THE SERVICES/PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SERVICES/PLATFORM, 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 and Release

You agree to defend, indemnify and hold CareCal, its affiliates, licensor, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any and all damages, costs, claims, or demands, including reasonable attorneys’ fees, made by any third party due to or arising from or relating to your use of the CareCal Site and Services.

Governing Law and Jurisdiction

These Terms will be governed by the laws of the State Rhode Island. The state and federal courts located in Rhode Island will have exclusive jurisdiction over any case or controversy arising from or relating to this agreement, use of this Site, or any products or services provided by CareCal or disputes arising out of or relating to your use of the Site or Services. You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of the federal and state courts of the State of Rhode Island for purposes of any claim or action arising out of or relating to these Terms.

By accessing or using the Site and Services, you consent irrevocably to personal jurisdiction in such courts in relation to any matter in connection with your use of this Site or use of services provided by or products purchased from CareCal and waive any defense of forum non conveniens. Through your access and use of this Site, you are deemed to have knowingly and voluntarily waived any right to a trial by jury in any case or controversy related to these Terms, use of this Site, or any services provided by or products purchased from CareCal.

Arbitration

At CareCal's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying to Rhode Island law.

Waiver and Severability

No waiver by CareCal of any term or condition set out 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 CareCal to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

 

ENTIRE AGREEMENT 

The Terms and Conditions and Privacy Policy constitute the sole and entire agreement between you and CareCal regarding the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

 

Privacy Policy for CareCal

Last modified: February 14, 2024

CareCal helps caregivers create a digital profile calendar to share with parents for easy and efficient scheduling and bookings. In order to serve our mission, we must collect personal information from caregivers and parents. With that said, CareCal respects your privacy and is committed to protecting it through our compliance with this policy.

Introduction AND APPLICABILITY

This policy describes the types of information Same Team Childcare LLC dba CareCal (“Company” or “We” or “Us”) may collect from you or that you may provide when you visit the website www.mycarecal.com (our “Website”) or use our Platform as a User (as defined under our Terms and Conditions[A1] ) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website or the Platform.
  • In email, text, and other electronic messages between you and this Website and/or the Platform.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party; or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website and/or the Platform. By accessing or using this Website or the Platform, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy below). Your continued use of this Website or the Platform after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website and Platform, including information you directly provide to us, information we automatically collect as described below, and information from third parties, for example, reviews received about you by other Users.

Information You Provide

We collect several types of information from and about users of our Website and Platform that you voluntary provide, including:

  • Registration Information. When registering for our Platform, we will collect and store the information that the User provides to us such as name, postal address, email address, telephone number.
  • User Link. When using the User Link (as defined under our Terms and Conditions), we collect and store all of the additional information you provide, which may include, pictures you chose to provide, your schedule and availability, location, and any other information the Users chose to share with one another while using the Platform.
  • User Content. We collect and store all User Content (as defined under our Terms and Conditions. Please be aware, we cannot control the actions of other Users of the Platform with whom you may choose to share your User Content[A2] [SB3] [JR4] .
  • Billing Information. Our third party payment processes will collect and store your billing address and credit card information[A5] [SB6] [JR7] . CareCal will collect and store your billing address, credit card information, and billing records and receipts of payments made. 
  • Educational and Marketing Information. You may voluntarily provide us information such as name, email address, or other contact information, through forms made available on our Website if you are interested in our newsletter or other promotional information available on the Website.

Information Provided by Others

We collect and store information that Users and other Website visitors provide about one another. For example, reviews of Users provided by other Users, or communications directly between Users on the Platform.

Information We Collect Through Automatic Data Collection Technologies[A8]  

As you navigate through and interact with our Website or Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, usage date and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type[A9] [SB10] [JR11] .

Some browsers used to access the Internet may give you the option through “Do Not Track” settings associated with such browsers to request that a website operator not track your information across its website or other websites. We engage in such tracking in order to optimize and/or customize our Website, detect and respond to allegations of fraud, and to otherwise ensure the safety of our Users and visitors of our Website. While we do not currently honor such browser requests, we will not use your information in a manner that violates this Privacy Policy.

The information we collect automatically is only statistical data and does not include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. For information about managing your privacy and security settings for cookies, see.
  • Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your subscription, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms and Conditions and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to sarah@mycarecal.com. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

Accessing and Correcting Your Information

Users can review and change personal information by logging into the Platform and visiting your account profile page.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

  • Confirm whether we process their personal information.
  • Access and delete certain personal information.
  • Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).
  • Data portability.
  • Opt-out of personal data processing for:
  • targeted advertising (excluding Iowa);
  • sales; or
  • profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
  • Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights please send an us an email stating your request to sarah@mycareca.com

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Children Under the Age of 13

Our Website and Platform is not intended for children under 13 years of age. No one under age 13 may provide any personal information to the Website or on the Platform. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, register on the Platform, or otherwise provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at sarah@mycarecal.com