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TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) govern your access to and use of the website, mobile application, and any related services (collectively, the “Platform”) operated by HOME HEALTHCARE & PET SERVICES and its affiliated entities (“Company”, “we”, “us”, or “our”).

By accessing or using the Platform, creating an account, or clicking “I agree” (or similar), you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

These Terms apply to:

  • Individuals and entities seeking to provide services through the Platform (“Caregivers”), including home healthcare, companion care, and pet services; and 

  • Individuals and entities seeking to obtain services from Caregivers through the Platform (“Clients”).

Caregivers and Clients are collectively referred to as “Users” or “you”.

1. NATURE OF THE PLATFORM AND RELATIONSHIPS

a. Referral and Matching Platform Only

 

The Platform is an online marketplace that allows Caregivers to create profiles and allows Clients to search for, evaluate, and contact Caregivers who may be a suitable fit for their needs. We provide tools to help facilitate introductions and communication between Users. We do not provide or supervise any care services ourselves.

b. No Healthcare Agency or Nurse Registry

The Company is not a licensed home health agency, nurse registry, healthcare provider, veterinary provider, or staffing agency under Florida law or any other law. We do not hold ourselves out as such and we do not provide any regulated health, nursing, medical, veterinary, or professional care services. Any services are provided solely and directly by the Caregiver to the Client

c. No Employment Relationship.

Caregivers are independent contractors or independent businesses in relation to both the Company and the Clients. These Terms are not, and shall not be construed as, creating an employment relationship, joint venture, partnership, or agency relationship between the Company and any Caregiver, or between the Company and any Client.

The Company does not and will not:

• Hire, fire, discipline, or supervise Caregivers;

• Set Caregivers’ working hours, rates, or methods of work;

• Issue paychecks, wage statements, or benefits to Caregivers; or

• Withhold or remit payroll or employment taxes on behalf of Caregivers or Clients

All compensation for services is arranged directly between Caregiver and Client, and the Company is not a party to those arrangements.

d. No Control Over Service Delivery.

The Company does not control or direct how Caregivers perform services. We do not guarantee the quality, safety, legality, or suitability of any Caregiver, any Client, or any service requested or provided. Each User is solely responsible for their own conduct, decisions, and interactions.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

a. Eligibility

To use the Platform, you must:

• Be at least 18 years of age and legally capable of entering into a binding contract;

• Reside in a jurisdiction where use of the Platform is lawful; and

• For Caregivers, satisfy any licensing, registration, or qualification requirements applicable to the services you offer (including, where applicable, Florida and local requirements).

b. Account Creation.

To access certain features, you may be required to create an account and provide accurate, current, and complete information. You agree to update this information promptly if it changes.

 

c. Account Security.

 

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us promptly of any unauthorized access or suspected breach of security.

3. DESCRIPTION OF SERVICES AND FEES

a. Caregiver Profiles and Matching.

 

Caregivers may create free or paid profiles on the Platform. Clients can review these profiles, communicate with Caregivers, and, if they choose, enter into direct arrangements for services with a Caregiver.

 

b. No Handling of Client–Caregiver Payments.

 

The Company does not collect, hold, or process payments between Clients and Caregivers for care or pet services. All service fees, rates, and payment terms are agreed directly between Client and Caregiver. The Company is not responsible for collecting or remitting service fees, wages, or reimbursements and does not provide payment processing for those amounts.

 

c. Limited Pass-Through Payment Convenience

 

At a Client’s request, the Company may voluntarily forward payment to a Caregiver using Zelle, Cash App, prepaid card, or a similar method strictly as a pass-through convenience. Any such forwarding does not constitute wage payment, does not create an employment relationship, and does not alter the Caregiver’s status as an independent contractor. The Company does not set rates, negotiate terms, or assume responsibility for the accuracy, legality, or timeliness of any payment forwarded on behalf of a Client.

 

d. Plan / Matching Fees.

 

The Company may charge Caregivers (and, as applicable, certain Clients) recurring subscription fees, plan fees, listing fees, or other charges for access to premium features, visibility, or matching tools on the Platform (collectively, “Plan Fees”). The nature, amount, and frequency of any Plan Fees will be disclosed at the time of purchase or enrollment.

 

e. Recurring Billing.

 

Where Plan Fees are recurring, you authorize us to charge your designated payment method on the recurring basis described at the time of sign-up Page 5 of 18 until cancelled in accordance with these Terms. You are responsible for ensuring that your payment method remains valid and has sufficient funds.

 

f. No Guarantee of Matches or Engagements.

 

Payment of any Plan Fees does not guarantee that a Caregiver will be selected by any Client or that any minimum number of introductions, leads, or engagements will occur. The Platform is a matching tool only.

 

g. Refunds.

 

Unless expressly stated otherwise in writing at the time of purchase, Plan Fees and other charges paid to the Company are non-refundable, including in cases where a Caregiver does not secure any engagements or a Client elects not to hire any Caregiver.

4. REGULATORY COMPLIANCE, AHCA, AND IRS

a. User Responsibility for Legal Compliance.

You are solely responsible for understanding and complying with all laws, regulations, and professional standards that apply to your use of the Platform and to any services you offer or receive. This includes, without limitation:

 

• Any requirements of the Florida Agency for Health Care Administration (AHCA) relating to home- and community-based services, home healthcare, nurse registry rules, and background screening;

• Any local or state licensing, registration, or certification requirements for healthcare, caregiving, or pet services; and

• All applicable federal, state, and local tax laws and reporting obligations.

 

b. Tax Status and IRS Compliance.

 

The Company is not an employer of Caregivers and does not categorize or classify Caregivers for tax purposes. The Company does not withhold, report, Page 6 of 18 or remit income, employment, social security, or other taxes on behalf of any User. Each User is solely responsible for:

• Determining their own tax status and classification under applicable law;

• Complying with all IRS and state tax requirements; and

• Filing all required tax returns and paying any taxes due arising from amounts received or paid.

 

c. No Legal, Tax, or Regulatory Advice.

 

The Company does not provide legal, tax, accounting, or regulatory advice. Users should consult qualified professionals for advice regarding their obligations.

5. BACKGROUND CHECKS, SCREENING, AND DUE DILIGENCE

a. Caregiver Background Checks.

 

It is the responsibility of each Caregiver to obtain and maintain any background checks, clearances, screenings, or certifications required by law or by any Client, including but not limited to those required under Florida law or by AHCA, where applicable. The Company may, but is not obligated to, offer access to third-party background check tools or request certain information from Caregivers. However, the Company does not guarantee the completeness, accuracy, or currency of any background check and does not “clear,” “approve,” endorse, or certify any Caregiver.

 

b. Client Due Diligence.

 

Clients are solely responsible for performing their own due diligence before engaging a Caregiver, including (as appropriate) asking for verification of Page 7 of 18 licenses, certifications, insurance, background checks, references, and experience. The Company is not responsible for any failure by a Caregiver to obtain or maintain proper screening or credentials.

 

c. No Warranties Regarding Users.

 

The Company makes no representation or warranty regarding the identity, professional qualifications, integrity, conduct, or suitability of any User. You agree to exercise appropriate caution and judgment in all interactions, whether online or in person.

6. NO MEDICAL, NURSING, OR VETERINARY ADVICE

a. Informational Use Only.

 

Any content available on the Platform, including articles, tips, or other materials, is for general informational purposes only and is not intended as medical, nursing, psychological, veterinary, or professional advice, diagnosis, or treatment.

 

b. No Professional–Client Relationship with the Company.

 

Your use of the Platform does not create a doctor–patient, nurse–patient, therapist–client, veterinarian–client, or other professional–client relationship with the Company. Any such relationships may arise solely and directly between you and a Caregiver, if at all.

 

c. Emergencies.

 

The Platform is not intended for use in emergencies. If you or your pet are in an emergency situation, you must contact emergency services (e.g., 911) or an appropriate healthcare or veterinary provider immediately.

7. USER CONDUCT AND OBLIGATIONS

a. Caregiver Obligations.

Each Caregiver represents and warrants that:

• You are properly qualified and, where required, licensed or registered to provide the services you offer;

• All information you provide on your profile and to Clients is truthful, current, and not misleading;

• You will perform all services in a safe, professional, and lawful manner;

• You will comply with all applicable laws, regulations, and professional standards, including any AHCA and local requirements; and

• You will maintain your own insurance (e.g., professional liability, general liability) as appropriate for your services.

 

b. Client Obligations.

 

Each Client agrees to:

• Provide accurate, complete information regarding the needs of the person or pet who will receive services;

• Ensure that any environment in which services are provided is safe and compliant with applicable laws and regulations;

• Treat Caregivers with respect and comply with applicable employment, safety, and nondiscrimination laws;

• Pay Caregivers directly and timely in accordance with the terms you agree with them.

 

c. Prohibited Uses.

 

You agree not to:

• Misrepresent your identity, qualifications, or affiliation; Page 9 of 18

• Use the Platform for any unlawful, fraudulent, harassing, discriminatory, or abusive purpose;

• Violate any applicable law, including those relating to privacy, data protection, and professional licensing;

• Upload or transmit viruses, malware, or other harmful code;

• Copy, scrape, or harvest information from the Platform except as expressly permitted; or

• Interfere with the proper functioning or security of the Platform.

 

The Company may suspend or terminate your access to the Platform at any time if it determines, in its sole discretion, that you have violated these Terms or pose a risk to other Users, the Company, or the public.

8. FITNESS FOR DUTY (Caregiver Capability)

 

Caregivers represent and warrant that they are physically, mentally, and emotionally capable of safely performing the services they offer. Caregivers agree not to accept engagements that exceed their training, experience, physical ability, or professional competence. Caregivers must ensure that they are fit for duty at all times, and must decline or discontinue any services if they are impaired, fatigued, ill, or otherwise unable to meet reasonable safety and care standards.

9. MANDATORY REPORTING

 

Caregivers agree to comply with all mandatory reporting obligations under applicable Florida law. This includes, but is not limited to, reporting suspected Page 10 of 18 elder abuse, neglect, or exploitation; reporting suspected child abuse; and reporting animal abuse or neglect where required under Florida Statutes. Caregivers acknowledge that these reporting duties arise directly under state law and that the Company bears no responsibility for fulfilling or supervising such reporting obligations

10. PAYMENTS BETWEEN USERS AND DISPUTES

 

a. Private Arrangements.

 

All financial and contractual arrangements between Clients and Caregivers (including scope of services, rates, schedules, cancellations, and refunds) are determined solely by those parties. The Company is not a party to those agreements and does not guarantee their performance.

 

b. User–User Disputes.

 

Any dispute, claim, or disagreement between a Client and a Caregiver regarding services, payments, scheduling, quality of care, pet care outcomes, or other matters arising from their relationship must be resolved directly between those parties. The Company may, but is not obligated to, facilitate communication, but is not responsible for resolving such disputes.

 

c. Third-Party Payments

 

(Pass-Through Payments) In certain situations, a Client may designate a third party (such as a family member or legal representative) to submit payment on the Client’s behalf. In such cases, any payment made to the Company is accepted solely as a pass-through convenience for the Client and does not create any employment, payroll, agency, or nurse registry relationship between the Company and any Caregiver.

 

The Company’s role in accepting such third-party funds is limited to transferring the designated amount to the Caregiver as directed by the Client. The Company does not: Page 11 of 18

• Set the Caregiver’s rates;

• Withhold or remit employment taxes;

• Issue wage statements;

• Supervise or control the Caregiver’s work; or

• Assume any employer or agency obligations.

 

All agreements regarding rates, hours, service terms, and any refunds remain strictly between the Client and the Caregiver. The Company acts only as a payment conduit when expressly requested by the Client and is not responsible for payment disputes between Clients, third parties, and Caregivers.

11. IN-HOME SAFETY AND ENVIRONMENT

 

Clients agree to provide a safe, sanitary, and hazard-free environment for Caregivers at all times. Clients must disclose any unsafe conditions, including but not limited to aggressive pets, violent household members, environmental hazards, infestations, or unsanitary conditions. Caregivers may decline or discontinue services if they believe the environment poses a risk to their health or safety. The Company is not responsible for any unsafe household conditions or consequences arising from such conditions.

12. PET SERVICES LIABILITY C

 

lients acknowledge that animals may behave unpredictably. The Company is not responsible or liable for pet-related incidents, including bites, scratches, injuries, escapes, illnesses, property damage, aggression, or veterinary expenses. Caregivers perform pet-related services at their own discretion and risk, and Clients remain fully responsible for their pets at all times.

13. NON-CIRCUMVENTION

 

Users agree not to circumvent the Platform or attempt to avoid Plan Fees by arranging services privately outside the Platform. For twelve (12) months following a Client–Caregiver introduction through the Platform, all engagements between those parties must continue through the Platform unless expressly permitted in writing by the Company

14. NON-DISCRIMINATION

 

Users agree not to discriminate against each other on the basis of race, color, national origin, religion, sex, gender identity, disability, age, marital status, veteran status, or any protected category under applicable federal or Florida law. Violations may result in immediate suspension or termination.

15. MISREPRESENTATION AND FRAUD

 

The Company may suspend or terminate any User account if a User provides false, misleading, or fraudulent information, including misrepresenting identity, qualifications, certifications, criminal history, or background check documents. The Company may also remove any User Content found to be inaccurate or deceptive.

16. INTELLECTUAL PROPERTY AND USER CONTENT

 

a. Company Intellectual Property.

 

The Platform, including all software, text, graphics, logos, trademarks, and other content (excluding User-generated content), is owned by or licensed to Page 13 of 18 the Company and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Platform or its content except as expressly permitted by these Terms.

b. User Content and License.

 

You may post, upload, or provide content (such as profile information, photos, descriptions, reviews, or messages) through the Platform (“User Content”). By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license to use, display, reproduce, modify, distribute, and otherwise exploit such User Content in connection with operating, marketing, and improving the Platform. You represent and warrant that you own or have the necessary rights to submit User Content and that your User Content does not infringe any third-party rights or violate any law.

 

c. Content Standards and Removal.

 

The Company may remove or disable access to any User Content that it believes, in its sole discretion, violates these Terms or is otherwise objectionable, without notice.

17. PRIVACY

 

Your use of the Platform is also governed by our Privacy Policy, which explains how we collect, use, and disclose information about you. By using the Platform, you consent to our collection and use of information as described in the Privacy Policy.

18. DISCLAIMERS

 

a. Platform

 

“As Is”. The Platform is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

 

b. No Warranty as to Users or Outcomes.

 

The Company does not warrant, guarantee, or assume responsibility for:

• The accuracy or completeness of any User profile or information;

• The qualifications, conduct, or performance of any Caregiver or Client;

• The safety, quality, or outcome of any services provided; or

• Any specific result or improvement in health, well-being, or pet condition.

 

You use the Platform and interact with other Users at your own risk.

 

c. Third-Party Services.

 

The Platform may contain links to or integrations with third-party websites, apps, or services. The Company is not responsible for the content, policies, or practices of any third-party services and does not endorse them.

19. LIMITATION OF LIABILITY

 

To the fullest extent permitted by law, in no event shall the Company, its owners, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any Page 15 of 18 loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to:

 

• Your use of, or inability to use, the Platform;

• Any interactions, communications, or relationships between Users;

• Any services provided (or not provided) by a Caregiver or received (or not received) by a Client; or

• Any conduct or omissions of Users or third parties. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

20. INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any and all claims, demands, actions, liabilities, damages, losses, and costs (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Platform;

• Your User Content;

• Any services you provide or receive through the Platform;

• Your violation of these Terms; or

• Your violation of any law or third-party rights.

21.TERMINATION AND SUSPENSION

 

a. By the Company.

 

The Company may, in its sole discretion and without prior notice, suspend or terminate your account or access to the Platform, or remove any User Content, if it believes you have violated these Terms, pose a risk to other Users, or for any other lawful reason.

 

b. By You.

 

You may discontinue use of the Platform at any time and, where available, cancel your Plan Fee subscription through your account settings. Termination does not relieve you of any outstanding payment obligations or affect provisions of these Terms that by their nature should survive termination.

22. MODIFICATIONS TO THE PLATFORM AND TERMS

 

The Company may update or modify the Platform, its features, or these Terms from time to time. Where required by law or where changes are material, we will provide notice by posting an updated version on the Platform or by other reasonable means. Your continued use of the Platform after any such changes become effective constitutes your acceptance of the revised Terms.

23. GOVERNING LAW AND DISPUTE RESOLUTION

 

a. Governing Law.

 

These Terms and any dispute arising out of or relating to them, the Platform, or any services arranged through the Platform shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles. Page 17 of 18

 

b. Venue.

 

Subject to any applicable mandatory arbitration or jurisdictional rules, you agree that any legal action or proceeding arising out of or relating to these Terms or the Platform shall be brought exclusively in the state or federal courts located in the State of Florida, and you hereby consent to the personal jurisdiction of such courts.

24. MISCELLANEOUS

a. Entire Agreement.

 

These Terms, together with any additional terms to which you agree when using particular features, and any applicable Privacy Policy, constitute the entire agreement between you and the Company regarding the Platform.

 

b. Severability.

 

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.

 

c. No Waiver.

 

No waiver of any term or right under these Terms shall be effective unless in writing and signed by the Company. A failure to enforce any right shall not be deemed a waiver of that or any other right.

 

d. Assignment.

 

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of the Company. The Company may assign its rights and obligations under these Terms freely. Page 18 of 18

 

e. Notices.

 

Notices to you may be given by email, posting on the Platform, or other reasonable means. Notices to the Company must be sent to the contact details provided on the Platform.

BY CONTINUING TO ACCESS OR USE THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

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