Terms of Service - BabysitBuddy

Last Updated: November 1, 2023

1. Acceptance of Terms

Welcome to BabysitBuddy. These Terms of Service ("Terms") govern your access to and use of the BabysitBuddy website, mobile application, and services (collectively, the "Service"). By accessing, registering for, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

BabysitBuddy is a platform that connects parents with babysitters. We do not employ babysitters, and we are not responsible for the actions of users on our platform. We provide the technology to facilitate connections and bookings between users.

2. Eligibility

To use BabysitBuddy, you must:

Be at least 18 years old to register as a parent
Be at least 13 years old to register as a babysitter, with parent/guardian approval if under 18
Have the legal capacity to enter into binding contracts
Not be prohibited from using the Service under applicable laws

By using the Service, you represent and warrant that you meet all eligibility requirements.

3. User Accounts

3.1 Registration

To access certain features of BabysitBuddy, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify BabysitBuddy immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

3.3 Account Types

BabysitBuddy offers different types of accounts:

Parent Accounts: For individuals seeking babysitting services
Sitter Accounts: For individuals offering babysitting services

4. User Conduct

You agree not to use the Service to:

Violate any applicable law, contract, intellectual property right, or other third-party right
Engage in any harassing, threatening, intimidating, or predatory behavior
Send any unsolicited or unauthorized advertising, promotional materials, or spam
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Engage in any activity that could disable, overburden, or impair the proper working of the Service
Use any automated system to access the Service without our prior written permission
Introduce any viruses, trojan horses, worms, logic bombs, or other harmful material

5. Bookings and Connections

5.1 Connection Requests

BabysitBuddy allows parents to send connection requests to sitters. Sitters can accept or decline these requests. A connection must be established before booking requests can be made.

5.2 Booking Process

Parents can send booking requests to connected sitters based on the sitter's availability. Sitters can accept or decline booking requests. Once a booking is confirmed, both parties are expected to honor the commitment.

5.3 Cancellations

Users may cancel bookings through the Service. We encourage providing as much advance notice as possible as a courtesy. Repeated cancellations may affect your account standing.

6. Fees and Payment

6.1 Service Fees

BabysitBuddy may charge fees for the use of certain features of the Service. Any applicable fees will be disclosed to you before you incur them. We reserve the right to change our fee structure at any time.

6.2 Payments Between Users

BabysitBuddy does not currently process payments between parents and sitters. All payment arrangements are made directly between users. Users are responsible for complying with all applicable tax laws related to such transactions.

7. Intellectual Property

7.1 BabysitBuddy Content

The Service and its original content, features, and functionality are and will remain the exclusive property of BabysitBuddy and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

7.2 User Content

You retain all rights to content you submit, post, or display on or through the Service ("User Content"). By submitting User Content, you grant BabysitBuddy a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing the Service.

8. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and share information about you when you use our Service.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BABYSITBUDDY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

BABYSITBUDDY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BABYSITBUDDY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
ANY CONTENT OBTAINED FROM THE SERVICE; OR
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL BABYSITBUDDY'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID BABYSITBUDDY IN THE PAST TWELVE MONTHS.

Important: BabysitBuddy does not conduct background checks on its users. While we strive to create a safe platform, we cannot guarantee the identity, conduct, or background of any user. We strongly recommend that parents meet with potential sitters in person before booking and take appropriate precautions.

11. Indemnification

You agree to indemnify, defend, and hold harmless BabysitBuddy and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Service;
Your violation of any term of these Terms;
Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
Any claim that your User Content caused damage to a third party.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account through the settings.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

14. Governing Law

These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in San Francisco County, California.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@babysitbuddy.com

Address: BabysitBuddy Inc., 123 Main Street, San Francisco, CA 94105