Terms of Service | Buddy Care

Please read carefully. By creating an account or using Buddy Care, you agree to these Terms in full, including the release of liability, indemnification, limitation of liability, and binding arbitration agreement in Sections 6, 7, 14, and 15.

Your use of Buddy Care is also governed by our Privacy Policy and the Companion Code of Conduct, both of which are incorporated into these Terms by reference.

1. What Buddy Is and Is Not

Buddy Care (Buddy) is an online technology platform enabling families to discover independent companions for elderly non medical care. Buddy operates as a neutral marketplace and expressly does not:

Employ, supervise, or control any Companion
Provide care services directly
Act as a home care or staffing agency
Independently verify all user submitted information unless explicitly indicated

Any care arrangement is a private agreement solely between the Family and the Companion. Buddy Care LLC is not a party to that agreement.

2. Independent Contractor Status

All Companions are self employed independent contractors, not employees, agents, or representatives of Buddy. Companions set their own rates and availability and retain full control over service delivery. Buddy does not withhold taxes or provide employment benefits. Companions are solely responsible for all applicable tax compliance, including filing and payment of self employment taxes.

3. Companion Code of Conduct

All Companions are required to read, agree to, and comply with Buddy Care's Companion Code of Conduct, which is incorporated into these Terms of Service by reference. The Code of Conduct establishes binding behavioral standards, mandatory reporting obligations, financial integrity requirements, confidentiality obligations, platform integrity obligations, and vehicle use requirements. Violation of the Code of Conduct constitutes a violation of these Terms and may result in immediate suspension or permanent removal from the platform.

4. Family's Own Judgment and Due Diligence

Families are solely responsible for evaluating Companions before engaging them. Profile information is self reported and not independently verified by Buddy unless explicitly indicated. Buddy strongly encourages all Families to review Companion profiles carefully, confirm background check completion, and use their own judgment in selecting a Companion.

5. Background Checks

All Companions are required to consent to and pass a background check as a mandatory condition of platform access. No Companion profile will be activated, and no care services may be booked through the platform, until a background check has been completed and cleared. Background checks are conducted by a third party consumer reporting agency.

A completed background check indicates only that a check was conducted at a specific point in time. It does not guarantee a Companion's current character, fitness, suitability, or ongoing conduct. Companions must immediately notify Buddy Care of any criminal charge, arrest, conviction, or adverse finding occurring after their initial background check is completed. Failure to disclose constitutes grounds for immediate permanent removal from the platform.

Companions pay a background check fee in the amount disclosed at the time the background check is initiated. The fee is non refundable once the background check has been initiated. Buddy Care may change the fee, and any change applies only to background checks initiated after the revised fee is posted.

6. Full Release of Liability

BY USING BUDDY, YOU FULLY AND FOREVER RELEASE BUDDY CARE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SUCCESSORS (BUDDY PARTIES) FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, AND LIABILITY OF ANY KIND ARISING OUT OF OR RELATING TO:

Any services provided or not provided by any Companion
Any injury, illness, disability, or death of any person
Any act or omission by any Companion or Family member
Any dispute between users of the platform
Any inaccurate, incomplete, or misleading profile information
Theft, loss, or damage to property
Reliance on background check results
The operation of any vehicle by any Companion

THIS RELEASE APPLIES TO CLAIMS ARISING FROM BUDDY'S ORDINARY NEGLIGENCE IN OPERATING THE PLATFORM AS AN INTERMEDIARY MARKETPLACE. THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM BUDDY'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.

CALIFORNIA RESIDENTS EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE. THE FOREGOING WAIVER APPLIES ONLY TO THE EXTENT CONSISTENT WITH THIS RELEASE'S EXCLUSION OF GROSS NEGLIGENCE AND INTENTIONAL MISCONDUCT.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Buddy Parties from and against all third party claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

Your use of the platform
Care services you provide or receive through the platform
Your violation of these Terms or the Companion Code of Conduct
Your violation of any applicable law or regulation
Content or information you submit to the platform
Any dispute between you and another user

8. User Responsibilities

All users agree to:

Provide accurate, complete, and current information
Not misrepresent qualifications, experience, or credentials
Treat all other users with professionalism and respect
Not use the platform for any unlawful purpose
Comply with all applicable federal, state, and local laws
Not circumvent, disable, or otherwise interfere with platform security features
Not circumvent the platform by accepting, arranging, or processing payment for services with any user met through Buddy Care outside of the platform's payment system. Platform circumvention is defined as any direct payment arrangement between a Companion and a Family who were introduced through Buddy Care, and the prohibition applies for twelve months following the date of the last booking between that Companion and Family processed through the platform
Understand that Families who engage in platform circumvention forfeit all platform protections, including access to background check verification, the dispute resolution framework, the documented accountability system under the Companion Code of Conduct, and any right to seek recourse through Buddy Care for incidents arising from off platform arrangements

Consequences for confirmed circumvention by a Companion are set forth in Section 12 of the Companion Code of Conduct and include permanent removal from the platform, forfeiture of pending earnings, and Buddy Care's right to pursue recovery of platform fees that would have been earned. The obligation stated in this Section 8 is independent of the Companion Code of Conduct and binds every user of the platform in its own right.

Companions additionally represent and warrant that they are legally authorized to work in the United States, are at least 18 years of age, and carry any required insurance or licenses for services they offer.

9. Profile Information and Photo Requirements

Companions must provide and maintain accurate profile information including full legal name, profile photo, service location, services offered, hourly rates, experience, certifications, and a personal statement. Profile information is displayed publicly.

Companions must upload a profile photo within seven days of account creation or be removed from search results. Buddy reserves the right to remove or modify any profile at its sole discretion.

10. Cancellation and Refund Policy

Family Cancellations:

48 or more hours before booking: full refund
24 to 48 hours before booking: 50 percent refund, Companion receives 50 percent of booking rate
Under 24 hours or no show: no refund, Companion receives full booking rate
Overnight stays: 72 hour cancellation window applies

Companion Cancellations:

48 or more hours before booking: full refund to Family, no penalty to Companion
Under 48 hours before booking: full refund to Family plus $10 platform credit, strike recorded on Companion account
Companion no show: full refund to Family plus $10 platform credit, Companion account placed under review
Three strikes within 12 months: possible suspension or permanent removal

Refunds are processed within five to ten business days. Platform credits are non transferable and non redeemable for cash.

11. Platform Fee and Payments

A platform fee is deducted from each Companion payout in the percentage disclosed on the platform at the time of booking, currently 15 percent. Payments are processed by a third party payment processor. Buddy does not store credit card or payment account information. Companions must connect a payout account to receive payouts. Buddy reserves the right to modify the platform fee prospectively with reasonable notice, and any change applies only to bookings made after the revised fee is posted.

12. Transportation Services

Transportation of a client as a passenger is not a service offered through Buddy Care. Companions must not transport a client as a passenger in any vehicle, under any circumstances, regardless of client request or compensation offered. No Buddy Care enrollment, badge, or approval authorizes the transportation of a client as a passenger.

Companions may operate a personal vehicle to collect and deliver items on behalf of a client, such as groceries or prescriptions, provided the client is not present in the vehicle at any time. Arranging third party transportation for a client is permitted where the Family has identified the client, for that booking, as able to travel unaccompanied, and does not constitute transportation for purposes of this section. An identification given for one booking does not carry to any other booking. Where a client has not been so identified for the booking in question, a Companion may contact a Family member or the client's designated contact to arrange transportation, but must not place the client into a rideshare or any other third party vehicle unaccompanied.

Buddy Care does not own, operate, insure, or control any vehicle used by a Companion. A Companion who operates a vehicle in connection with a Buddy Care engagement does so as an independent contractor, using their own vehicle and their own insurance. Insurance and eligibility requirements applicable to errand driving are set forth in Section 10 of the Companion Code of Conduct.

13. Referral Program

Referral bonuses constitute taxable income. Buddy may modify or terminate the referral program at any time without notice. Referral bonuses are non transferable.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BUDDY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY, OR PROPERTY DAMAGE.

THE TOTAL AGGREGATE LIABILITY OF THE BUDDY PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO BUDDY IN THE SIX MONTHS PRECEDING THE CLAIM, OR (B) TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00). THIS LIMITATION DOES NOT APPLY TO CLAIMS ARISING FROM BUDDY'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.

15. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

All disputes, claims, or controversies arising out of or relating to these Terms or the platform shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court.

Arbitration shall take place in the county in which the user resides or, at either party's election, by videoconference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER: YOU AND BUDDY EACH AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

Small claims court exception. Either party may bring an individual action in small claims court for claims within that court's jurisdiction.

Opt out. You may opt out of this arbitration agreement within thirty days of accepting these Terms, or any later version of these Terms that Buddy Care presents for acceptance, by emailing support@buddycareapp.com with the subject line Arbitration Opt Out.

16. Disclaimers

THE PLATFORM IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BUDDY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. BUDDY MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, SUITABILITY, OR LEGALITY OF ANY COMPANION OR CARE SERVICES.

17. Mandatory Reporting and Regulatory Compliance

Buddy Care operates in a sector involving access to elderly and potentially incapacitated adults and takes seriously its independent obligations under applicable state law. Where required by applicable law, Buddy Care will report suspected abuse, neglect, or exploitation of an incapacitated adult to the appropriate adult protective services authority.

These obligations are independent of and in addition to the reporting obligations imposed on Companions through the Companion Code of Conduct. Nothing in these Terms limits any mandatory reporting duty imposed on Buddy Care or any Companion by applicable federal or state law. Delaware's governing law designation applies to the contractual provisions of these Terms and does not displace mandatory regulatory obligations arising under the law of the state in which services are rendered.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Nothing in this section limits the applicability of any mandatory consumer protection laws or mandatory regulatory obligations of the state in which a user resides or in which care services are rendered.

19. Privacy

Buddy Care collects, stores, and processes personal information including names, photos, location data, payment information, and health adjacent information shared through platform communications, as necessary to operate the platform. Buddy does not sell user data to third parties. A full Privacy Policy governing data collection, use, retention, and user rights, including rights available to California residents under the California Consumer Privacy Act, is available at buddycareapp.com/privacy and is incorporated into these Terms by reference. By using the platform, you acknowledge and agree to Buddy Care's Privacy Policy.

20. Version, Amendment, and Acceptance

Each version of these Terms carries a version number and an effective date, both shown at the head of this document. The version in effect at the time of the conduct or transaction in question governs that conduct or transaction.

Buddy reserves the right to modify these Terms. Where a modification materially changes a user's obligations, rights, or eligibility to use the platform, the modification takes effect as to that user only upon the user's affirmative acceptance of the amended Terms. Buddy will give notice by email and by platform notification, and will present the amended Terms for acceptance before further platform access. A user who has not accepted amended Terms within thirty days of notice may be suspended from the platform until acceptance is given.

Changes that do not alter a user's obligations, rights, or eligibility, including corrections to descriptive text, take effect upon posting and are recorded in the version history maintained by Buddy Care.

Where these Terms and the Companion Code of Conduct are amended at the same time, both may be presented together in a single acceptance, provided that the full text of each document is displayed and the acceptance records both version numbers.

Buddy Care records, for each acceptance, the identity of the accepting user, the version number and effective date accepted, the date and time of acceptance, the internet protocol address and device information associated with the acceptance, and confirmation that the full text was displayed before acceptance. Buddy Care retains the exact text of each accepted version.

21. Termination

Buddy may suspend or terminate any user account at any time for any reason, with or without notice. Upon termination, all licenses granted under these Terms immediately terminate. The following sections survive termination: Section 6 (Full Release of Liability), Section 7 (Indemnification), Section 8 (User Responsibilities, as to the platform circumvention obligation), Section 14 (Limitation of Liability), Section 15 (Binding Arbitration and Class Action Waiver), Section 18 (Governing Law), Section 19 (Privacy), and all confidentiality and platform integrity obligations imposed on Companions through the Companion Code of Conduct incorporated herein.

22. Contact

For questions about these Terms, please contact us at:

Buddy Care LLC

Website: buddycareapp.com

Email: support@buddycareapp.com