Legal
Terms of Service
These Terms of Service constitute a legally binding agreement between you and CALiNGA On-Demand Care LLC (“CALiNGA,” “we,” “us,” or “our”) governing access to and use of CALiNGA Pro, CALiNGA Seeker, the CALiNGA website, technology, communications, payment functionality, and related services. These Terms are intended to govern use wherever CALiNGA makes services available, subject to applicable federal, state, and local laws. By creating an account, accessing or using the Platform, or selecting “Agree,” “Accept,” or “Agree & Continue” where presented, you acknowledge that you have read, understood, and agree to these Terms and the CALiNGA Privacy Policy.
PLEASE READ THIS DOCUMENT CAREFULLY.
01 The CALiNGA Platform
CALiNGA operates a technology-based referral marketplace designed to enable individuals seeking care (“CareSeekers”) to discover and connect with independent caregivers and qualified healthcare professionals (“CALiNGApros”). The Platform may facilitate profiles, matching, service requests, scheduling, communications, booking confirmation, the CALiNGA Digital Handshake™, payments and payouts, clock-in/out, geofencing, hourly care reports, notes and attachments, ratings and reviews, verification, safety features, and related technology. Except where expressly stated otherwise or required by law, CALiNGA provides technology facilitating connections between users and does not itself perform the underlying caregiving or healthcare services. CALiNGA is not an emergency-response service.
02 Service Availability and Applicable Law
CALiNGA may make the Platform available in selected cities, states, or geographic markets and may expand or restrict availability over time. Availability in a location does not mean every category of care or professional service is legally permitted there. Users must comply with applicable federal, state, county, municipal, professional, licensing, consumer-protection, privacy, and other laws. CALiNGA may establish state-specific policies, disclosures, restrictions, or supplemental terms. Mandatory rights provided by applicable law are not waived merely because they are not specifically described in these Terms.
03 Eligibility and Accounts
Users must generally be at least eighteen (18) years old and legally capable of entering binding agreements. Users must provide accurate, complete, and current information. CALiNGA may require reasonable identity, contact, professional, payment, or other verification. Users may not impersonate another person or create fraudulent accounts and are responsible for account security.
04 CareSeekers
A CareSeeker is a user who uses CALiNGA to seek or arrange care or related services. A CareSeeker may seek services personally or arrange services for another person when appropriately authorized. CareSeekers are responsible for reviewing available CALiNGApro information and determining whether a provider and requested service are appropriate. CALiNGA does not guarantee suitability.
06 CALiNGApros
A CALiNGApro is an independent caregiver or qualified professional using the Platform to connect with CareSeekers. CALiNGApros must accurately represent identity, qualifications, experience, licenses, certifications, training, and credentials and may perform only services they are legally permitted and qualified to perform.
07 Independent Provider Relationship
CALiNGApros use the Platform as independent service providers, subject to applicable law. Nothing in these Terms, standing alone, is intended to create an employer-employee, partnership, franchise, joint venture, or agency relationship. Legal classification is determined by applicable law and actual circumstances. CALiNGApros remain responsible for applicable licensing, certification, professional, insurance, business, and tax obligations.
08 CALiNGA Digital Handshake™
When a CareSeeker and CALiNGApro mutually confirm a service through the Platform, CALiNGA may record the confirmation as the CALiNGA Digital Handshake™. It may document the parties, service category, date, scheduled start/end time, location, displayed rate, charges, and other booking information. CALiNGA facilitates and records the connection but does not guarantee either user’s performance.
09 Bookings and Scheduling
CareSeekers may request services based on available categories, dates, times, locations, rates, qualifications, and other criteria. Submitting a request does not guarantee acceptance or availability. A service becomes confirmed through the applicable Platform confirmation process.
10 Clock-In and Clock-Out
The Platform may provide clock-in/out functionality to document when a CALiNGApro begins and ends a confirmed service. Records may be used for service documentation, payment calculations, marketplace operations, safety, dispute review, and fraud prevention. Users must not falsify or manipulate time records.
11 Location and Geofencing
Where enabled, authorized, and permitted by law, CALiNGA may use device location and geofencing for service-location verification, clock-in/out, matching, safety, fraud prevention, and other Platform functions. Users must not spoof or manipulate location information. Location practices are further described in the Privacy Policy.
12 Hourly Care Reports
CALiNGA may enable CALiNGApros to create hourly care reports, service notes, observations, activity updates, and related documentation. Reports may be made available to the CareSeeker. Reports must be truthful, professional, relevant, and for legitimate care-related purposes. They do not constitute medical diagnosis or medical advice from CALiNGA.
13 Photos, Notes and Attachments
The Platform may permit authorized photographs, notes, documents, and attachments associated with care reports. Users must obtain required authorization or consent and must not upload unnecessary intimate imagery, unlawful surveillance material, abusive content, or unrelated information.
14 Health-Related and Sensitive Information
Users may provide information concerning care needs, health-related circumstances, mobility, schedules, medication-related information, or other sensitive matters when reasonably necessary. Users must respect applicable confidentiality and privacy requirements. CALiNGA’s collection and handling of personal information are governed by the Privacy Policy.
15 Payments
Payments may be processed through Stripe Connect or another authorized payment processor. Applicable rates and charges will be displayed or otherwise disclosed as appropriate. By confirming a paid service, the CareSeeker authorizes applicable charges. CALiNGA may collect technology, marketplace, referral, or platform fees.
16 Stripe Connect and CALiNGApro Payouts
CALiNGApros receiving payouts must complete required payment-processor onboarding and verification. Payment processors may independently impose holds, reserves, restrictions, pauses, additional verification, or payout delays. CALiNGA cannot guarantee processor approval or payout timing where controlled by third parties.
17 Taxes
Users are responsible for taxes applicable to their activities except where CALiNGA or another party is legally required to collect, report, withhold, or remit amounts. CALiNGA does not provide individual tax advice.
18 Pricing and Dynamic Pricing
Pricing may vary based on service category, qualifications, geographic location, supply, demand, availability, urgency, time, date, holidays, or other marketplace conditions. Applicable pricing will be displayed before confirmation as required.
19 Cancellations
CALiNGA may establish cancellation policies. Cancellations made within two (2) hours of a scheduled service may result in a disclosed cancellation charge where permitted by law.
20 Refunds and Payment Adjustments
Refunds or adjustments may depend on transaction circumstances, CALiNGA policies, processor requirements, and applicable law. CALiNGA may review booking information, communications, care reports, clock records, and payment records.
21 Tips
Where tipping functionality is available, CareSeekers may voluntarily provide tips to CALiNGApros. Tips will be handled according to applicable law and payment-processing requirements.
22 Off-Platform Transactions and Circumvention
Users must not misuse CALiNGA primarily to identify or connect with another user and then intentionally circumvent applicable Platform payment systems, fees, safety mechanisms, or disclosed marketplace policies. This provision applies only to the extent permitted by law.
23 Ratings and Reviews
Users may be permitted to rate and review one another. Reviews should reflect genuine experiences and may not be fraudulent, threatening, harassing, discriminatory, retaliatory, knowingly false, confidential, or otherwise unlawful.
24 Background Screening and Identity Verification
CALiNGA may facilitate identity verification, credential verification, or third-party background screening for marketplace trust and safety, subject to applicable federal and state requirements. A completed screening does not guarantee character, future conduct, competence, or suitability.
25 Live Scan and User-Provided Screening Documentation
Where permitted, CALiNGApros may upload documentation concerning previously completed California Live Scan or other legally acceptable screening documentation. CALiNGA does not receive or store underlying fingerprint biometric data merely because proof of completed screening is uploaded. Requirements may differ by state.
26 Professional Licensing and Scope of Practice
Licensed or certified CALiNGApros remain responsible for maintaining required credentials. Professional services may only be performed within the lawful scope of practice applicable where the service occurs.
27 Health and Medical Disclaimer
CALiNGA does not provide medical advice, diagnosis, prescriptions, treatment, or independent nursing judgment. Licensed professionals remain responsible for exercising their own professional judgment.
28 Medication-Related Activities
Medication-related activities may be performed only when legally permitted and within the CALiNGApro’s lawful qualifications and scope of practice. CALiNGA does not prescribe medication or determine treatment.
29 Emergencies
CALiNGA IS NOT AN EMERGENCY RESPONSE SERVICE. In an emergency, users should immediately contact 911 or the appropriate local emergency service and should not rely on CALiNGA messages, notifications, care reports, or customer support for emergency assistance.
30 Vulnerable Persons
Older adults, individuals with disabilities, dependent adults, minors, and other vulnerable individuals must be treated with dignity and respect. Users must comply with applicable laws concerning abuse, neglect, exploitation, and mandatory reporting.
31 Safety and User Conduct
Violence, abuse, exploitation, threats, harassment, discrimination, theft, fraud, sexual misconduct, retaliation, coercion, and other unsafe or unlawful conduct are prohibited. CALiNGA may restrict access when reasonably necessary for safety or legal compliance.
32 Confidentiality
Users must not publicly disclose, sell, exploit, or improperly use private information concerning another user, household, health-related circumstances, schedules, contact information, or services. CALiNGApros remain responsible for applicable professional confidentiality obligations.
33 Insurance
Unless expressly stated otherwise in writing, CALiNGA does not provide CALiNGApros with workers’ compensation, automobile, professional liability, or general liability insurance. CALiNGApros are responsible for determining and maintaining appropriate coverage.
34 Communications
CALiNGA may communicate with users concerning bookings, account activity, payments, security, safety, Platform functionality, policy updates, and other operational matters. Marketing communications are subject to applicable law and available preferences.
35 Electronic Signatures and Consent
Where permitted by law, electronic acceptance may constitute a legally binding electronic signature. CALiNGA may maintain records identifying the user/account, Terms version, Privacy Policy version, date/time accepted, and acceptance method.
36 Changes to These Terms
CALiNGA may revise these Terms as its Platform, business, technology, features, geographic availability, or legal obligations evolve. The Last Updated date identifies the current version. For material changes, CALiNGA may provide notice and may require users to review revised Terms and select Agree & Continue.
37 Intellectual Property
The CALiNGA name, logos, trademarks, software, designs, interfaces, graphics, text, technology, and proprietary materials are owned by CALiNGA or its licensors and protected by applicable law.
38 User Content
Users may submit profile information, reviews, reports, photographs, documents, and other authorized content and represent that they have necessary rights and permissions.
39 Limited License for User Content
Users grant CALiNGA the limited rights reasonably necessary to host, store, process, transmit, display, secure, and otherwise handle submitted content for Platform operation, subject to applicable law and the Privacy Policy.
40 Prohibited Use
Users may not use CALiNGA unlawfully; impersonate others; falsify credentials, care reports, time records, or locations; commit payment fraud; introduce malicious software; interfere with security; obtain unauthorized access; improperly scrape information; exploit confidential information; threaten users; or materially interfere with Platform operation.
41 Fraud and Chargebacks
CALiNGA may investigate suspected fraud, unauthorized transactions, payment abuse, or chargebacks and, to the extent permitted by law and processor requirements, may delay, adjust, withhold, or reverse associated amounts.
42 Third-Party Services
CALiNGA may integrate third-party payment, mapping, geolocation, communications, cloud, analytics, identity-verification, and background-screening services. Third parties may have independent terms and privacy policies.
43 Platform Availability
CALiNGA does not guarantee uninterrupted or error-free Platform operation. Features may become unavailable because of maintenance, updates, connectivity issues, third-party outages, device limitations, security events, or circumstances beyond reasonable control.
44 No Guarantee of Availability
CALiNGA does not guarantee the availability of a particular CALiNGApro, CareSeeker, service category, rate, time, location, or Platform feature.
45 Accessibility
CALiNGA seeks to make its technology reasonably accessible. Users experiencing accessibility difficulties may contact CALiNGA for assistance.
46 Account Suspension and Deactivation
CALiNGA may investigate, restrict, suspend, or deactivate accounts when reasonably necessary because of Terms violations, fraud, safety concerns, credential issues, payment abuse, unlawful activity, security threats, repeated misconduct, or legal requirements.
47 Cooperation With Legal Process
CALiNGA may preserve or disclose information when reasonably necessary to comply with valid legal process, applicable law, enforceable governmental requests, or legitimate emergency and safety obligations, consistent with privacy law.
48 Disclaimer of Warranties
To the maximum extent permitted by law, the Platform is provided “AS IS” and “AS AVAILABLE.” CALiNGA does not guarantee uninterrupted, completely secure, error-free, or universally suitable operation. Non-waivable legal rights remain unaffected.
49 Limitation of Liability
To the maximum extent permitted by law, CALiNGA will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages resulting from use of the Platform. Nothing limits liability that cannot legally be limited or excluded.
50 Indemnification
To the extent permitted by law, users may be responsible for claims, losses, liabilities, damages, or reasonable costs arising from unlawful conduct, fraud, material violation of these Terms, infringement of another person’s rights, or provision of services outside lawful authority.
51 Informal Dispute Resolution
Before initiating formal proceedings, CALiNGA and a user may attempt in good faith to resolve a dispute informally. A notice should reasonably identify the parties, nature of the dispute, and requested resolution.
52 Arbitration and Important Legal Rights
Where a valid arbitration agreement has been properly presented and accepted and applicable law permits enforcement, certain disputes may be resolved through binding individual arbitration rather than court. ARBITRATION MAY AFFECT IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO HAVE CERTAIN DISPUTES DECIDED BY A JUDGE OR JURY AND THE ABILITY TO PARTICIPATE IN CERTAIN CLASS OR REPRESENTATIVE PROCEEDINGS. Any binding CALiNGA arbitration program must identify applicable rules, procedures, fees, exceptions, any available opt-out process, and other legally required terms. Nothing requires arbitration where applicable law prohibits enforcement.
53 Governing Law
To the extent permitted by applicable law, these Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Services and user activities in other jurisdictions remain subject to mandatory federal, state, and local laws. Non-waivable rights remain unaffected.
54 State-Specific Requirements
CALiNGA may establish supplemental terms, disclosures, policies, or operational requirements for particular states as the Platform expands, including caregiver regulation, licensing, scope of practice, worker classification, screening, consumer rights, privacy, health-related information, payments, taxes, and insurance.
55 California Operations
CALiNGA On-Demand Care LLC is a California limited liability company. California operations and users remain subject to applicable California laws and regulations. Nothing waives a non-waivable California right.
56 Expansion Into Additional States
CALiNGA may make the Platform available in additional states without changing the public title of these Terms. Before regulated services are made available in a new jurisdiction, CALiNGA may implement appropriate state-specific requirements.
57 Force Majeure
CALiNGA is not responsible for delays or failures resulting from circumstances beyond its reasonable control, including natural disasters, government actions, public-health emergencies, telecommunications failures, widespread internet outages, payment-network disruptions, or major third-party failures.
58 Severability
If a provision is determined invalid or unenforceable, remaining provisions continue in effect to the extent permitted by law.
59 No Waiver
CALiNGA’s failure to enforce a provision on one occasion does not necessarily waive its right to enforce that provision or another provision later.
60 Assignment
Users may not transfer rights or obligations without CALiNGA’s consent where permitted by law. CALiNGA may assign or transfer rights or obligations in connection with lawful business transactions, subject to applicable law.
61 Entire Agreement
These Terms, the CALiNGA Privacy Policy, applicable state-specific supplements, and other policies expressly incorporated by reference constitute the applicable agreement concerning use of the CALiNGA Platform.
62 Contact CALiNGA
Questions regarding these Terms may be directed to CALiNGA On-Demand Care LLC at info@calingacare.com, www.calingacare.com, or 1-888-872-0735.