Terms of Service

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, 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, and transportation 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 Checkr, Inc., 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.

Background check fee: $65, non-refundable once initiated.

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

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: “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 (12) 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. Companion consequences for confirmed circumvention are set forth in the Companion Code of Conduct and include permanent removal from the platform and forfeiture of pending earnings

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 7 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
• 24–48 hours before booking: 50% refund; Companion receives 50% 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 5–10 business days. Platform credits are non-transferable and non-redeemable for cash.

11. Platform Fee and Payments

A 15% platform fee is deducted from each Companion payout. Payments are processed via Stripe. Buddy does not store credit card or payment account information. Companions must connect a Stripe Express account to receive payouts. Buddy reserves the right to modify the platform fee with reasonable notice.

12. Transportation Services

Transportation of a client as a passenger is not an included service by default. Only Companions who have completed Buddy Care's Verified Driver enrollment program and received explicit platform approval may transport a client as a passenger. Standard Companions may operate a personal vehicle to run errands on behalf of a client, provided the client is not present in the vehicle. Standard Companions are prohibited from transporting a client as a passenger under any circumstances. Full transportation requirements are set forth in the Companion Code of Conduct.

13. Referral Program

Referral bonuses are paid via Stripe and 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 (“AAA”) 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, via 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 30 days of first accepting these Terms by emailing support@buddycareapp.comwith 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. Changes to Terms

Buddy reserves the right to modify these Terms at any time. Material changes will be communicated via email or platform notification. Continued use of the platform following notice of changes constitutes acceptance of the updated Terms.

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 (Release of Liability), Section 7 (Indemnification), Section 14 (Limitation of Liability), Section 15 (Binding Arbitration and Class Action Waiver), Section 18 (Governing Law), Section 19 (Privacy), and all confidentiality 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