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.