1. Acceptance of Terms
By accessing or using the KindredCare US platform (including web and mobile applications), you agree to be bound by these exhaustive Terms of Service. These terms constitute a legally binding agreement between you and KindredCare US Inc. regarding your use of our platform and services.
If you do not agree to every clause within these terms, you must expressly exit the platform and desist from using our services.
2. Strict Eligibility
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You must be at least exactly eighteen (18) years of age to register, create an account, or execute contracts on our platform.
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Caregivers definitively affirm they hold valid legal documentation to work as W-2 or 1099 contractors within the United States.
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You have not been previously suspended or removed from our Services for violations of trust or safety protocols.
3. Nature of Marketplace
KindredCare US solely operates as a digital venue connecting Families ("Parents") and independent childcare providers ("Caregivers"). We are NOT an employer, an employment agency, or a referral agency. Caregivers are strictly independent contractors. Parents are exclusively responsible for compliance with all applicable tax, wage, and employment laws.
4. Vetting Constraints
While KindredCare US implements comprehensive third-party background checks (FCRA compliant), we do not guarantee the absolute accuracy of these reports. The ultimate hiring decision and duty of continuous safety assessment rests absolutely with the Family.
5. User Conduct & Prohibited Acts
Users agree to conduct themselves with superlative ethical standards. You expressly agree NOT to:
- Solicit caregivers to bypass the KindredCare US platform to avoid service/escrow fees.
- Utilize the platform to discriminate against protected classes under federal or state law.
- Provide falsified credentials, references, or CPR certifications.
- Harass, stalk, or abuse any other marketplace participant.
6. Content Ownership & Licenses
When you post reviews, images, or profile text ("User Content"), you grant KindredCare US a non-exclusive, worldwide, royalty-free, irrevocable license to use, reproduce, and display such content for marketing and operational purposes. However, you retain ultimate ownership of your raw User Content.
Payments & Escrow
KindredCare charges a nominal platform processing fee distinct to each booking. All executed payments flow through secured escrow gateways (Stripe PCI-DSS). Caregivers are paid immediately upon a mutually agreed completion of a booking. Circumvention of these authorized payment gateways results in instant, permanent account banishment.
Cancellations & Refunds
Cancellations initialized more than 48 hours prior to a scheduled session may receive a complete reimbursement (excluding non-refundable gateway fees). Cancellations triggered under 24 hours incur a 50% penalty to compensate the Caregiver's reserved time.
9. Broad Disclaimers of Warranties
10. Strict Limitation of Liability
In no event shall KindredCare US Inc., its executives, or affiliates be legally liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of the platform. Under no circumstance will the total, cumulative liability to you exceed the total service fees you have remitted directly to the platform in the preceding six (6) months.
11. Indemnification
You agree to legally defend, indemnify, and hold harmless KindredCare US and its agents from any claims, suits, losses, liabilities, damages, or expenses (including exhaustive attorney's fees) arising out of your negligence, violation of these terms, or misconduct transpiring during a childcare booking.
12. Dispute Resolution & Arbitration
Please read this section critically. Any disputes arising from these Terms or your use of the marketplace shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (AAA), rather than in a court of law. **YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.** Arbitration shall occur within the State of Delaware.
Questions about these clauses?
Our legal and support teams are available to help clarify any section of this agreement to ensure you feel legally confident using our platform.