Welcome to SOSitter! By using our app, you agree to the following terms.
Welcome to SOSitter. These Terms of Service (the “Terms”) govern your access to and use of the SOSitter mobile application, website, and related services (collectively, the “Platform” or “Services”). By creating an account, accessing, or using the Services, you agree to these Terms and SOSitter’s Privacy Policy. If you do not agree, do not use the Services.
SOSitter is an online marketplace that facilitates connections between individuals and families seeking care (“Care Seekers”) and independent caregivers (“Caregivers”) offering child care, pet care, and strictly non-medical senior companionship and related non-medical assistance.
SOSitter does not itself provide caregiving services and is not a party to the care-services agreement between a Care Seeker and a Caregiver. Caregivers are independent service providers and are not employees, agents, joint venturers, or representatives of SOSitter. SOSitter does not set Caregiver rates, pay Caregivers, control their schedules, direct or supervise how care is performed, or guarantee any user’s conduct, qualifications, availability, or performance.
Care Seekers and Caregivers independently determine whether to enter into a care arrangement and independently agree upon the scope, timing, price, payment method, and other terms of that arrangement, subject to these Terms and applicable law.
Subject to these Terms, SOSitter grants you a limited, personal, revocable, non-exclusive, non-transferable license to access and use the Platform for its intended purposes. You may not copy,
modify, distribute, reverse engineer, decompile, scrape, create derivative works from, or commercially exploit SOSitter technology or content except as expressly authorized by SOSitter or applicable law.
SOSitter is strictly limited to users who are at least 18 years old. To create an account or use the Platform as a Care Seeker or Caregiver, you must:
No person under 18 may create an account, offer caregiving services, seek or book caregiving services, communicate through a registered user account, or otherwise use the Platform as a member. A minor may be identified as a care recipient by a parent, legal guardian, or other adult authorized to arrange care on the minor’s behalf, but may not independently use the Platform as a Care Seeker or Caregiver.
SOSitter may verify eligibility and may deny, restrict, suspend, or terminate access when a user does not satisfy these requirements or presents a safety or compliance concern.
You are responsible for maintaining the confidentiality of your credentials and for activity under your account. You may not share your account, impersonate another person, or use another person’s account. You agree to promptly notify SOSitter at hello@sositter.com of suspected unauthorized
access or account compromise.
SOSitter may provide features including:
SOSitter may modify, suspend, or discontinue Platform features. SOSitter does not guarantee that a particular Caregiver will be available, accept a request, or meet a Care Seeker’s needs.
An “SOS Booking” is an expedited marketplace feature intended to help a Care Seeker locate an
available Caregiver for care needed within approximately 48 hours. SOS Bookings depend entirely on Caregiver availability and acceptance. SOSitter does not guarantee fulfillment of an SOS Booking.
SOSITTER IS NOT AN EMERGENCY RESPONSE, MEDICAL, PUBLIC-SAFETY, OR
DISPATCH SERVICE. SOS Booking should not be used for medical emergencies, threats to safety, or other emergencies requiring immediate professional assistance. In an emergency, call 911 or the appropriate emergency service.
Care Seekers are responsible for independently determining whether a Caregiver is appropriate for their needs. Care Seekers agree to:
A badge, verification status, background-check status, identity-verification status, rating, or other Platform indicator is informational and is not an endorsement, guarantee, or representation by SOSitter that a user is safe, qualified, trustworthy, or suitable.
Caregivers agree to:
Senior-care opportunities offered through SOSitter are limited to non-medical care and companionship. SOSitter is not a healthcare provider, home health agency, nursing service, or medical service provider.
Caregivers may not use SOSitter to diagnose or treat medical conditions, administer medications, provide nursing care, perform medical or clinical procedures, or provide any service requiring a
healthcare license unless SOSitter expressly authorizes such a category in writing and applicable law permits it. Care Seekers must use appropriately licensed healthcare professionals for medical or clinical needs.
A Caregiver may transport a senior care recipient when transportation is expressly part of the arrangement agreed to between the Caregiver and Care Seeker. SOSitter does not provide transportation services and does not inspect, own, maintain, or insure Caregiver vehicles.
Any Caregiver providing transportation is solely responsible for maintaining a valid driver’s license, legally compliant vehicle, registration, insurance, and any other legally required qualifications or equipment. Care Seekers are responsible for deciding whether to authorize transportation and for evaluating the Caregiver’s suitability to provide it. SOSitter does not guarantee the safety of any vehicle, driver, route, or transportation arrangement.
SOSitter uses Checkr, a third-party consumer reporting agency, to facilitate Caregiver background checks. Background screening may include basic and criminal background checks and other screening components offered or selected through Checkr.
SOSitter may receive the full Checkr background-check report and associated identifying information.
SOSitter may view only the last four digits of a candidate’s Social Security number and does not receive or store the candidate’s full Social Security number.
SOSitter may deny, restrict, suspend, or terminate a Caregiver’s account or access based in whole or in part on background-check information, subject to applicable law. Background reports may contain errors, may not reflect all relevant history, and represent information available at the time of the search. Neither a cleared report nor a Platform badge is a guarantee of safety, character, qualifications, or future conduct.
Where the Fair Credit Reporting Act (“FCRA”) or other applicable law applies to SOSitter’s procurement or use of a consumer report, SOSitter will follow applicable authorization, notice, adverse-action, dispute, and other legal requirements. Nothing in these Terms waives a Caregiver’s rights under the FCRA or other applicable law.
Care Seekers may create an account and post a care opportunity before completing identity verification, but identity verification through Persona is required before a Care Seeker can accept a Caregiver and book care.
Persona may process a government-issued identification document and associated information, including identification number, name, date of birth, expiration date, issue date, address, verification status, and facial images used in the verification process. SOSitter may receive or access verification information as described in the Privacy Policy.
Identity verification is a risk-reduction measure only. A successful verification does not constitute an endorsement or guarantee by SOSitter concerning a Care Seeker’s identity beyond the scope of the verification, intentions, conduct, safety, or trustworthiness.
SOSitter uses location information to facilitate matching and certain booking functionality. A Care Seeker’s exact care location is not disclosed to a Caregiver merely because the Caregiver views or applies for a care opportunity. When the Care Seeker accepts the Caregiver’s application, the Care Seeker is notified that the care location will be shared as necessary to facilitate the booking and
applicable geolocation functionality.
Currently, when a Caregiver selects “I’m on my way” for a booking, precise location tracking begins while the Caregiver travels to the care location and continues until the Caregiver arrives. Location
permissions may be managed through device settings, but disabling them may prevent certain features from functioning. SOSitter’s collection and use of location information is further described in its Privacy Policy.
SOSitter does not process, collect, hold, transmit, guarantee, or facilitate compensation paid by a Care Seeker to a Caregiver for caregiving services. Caregivers independently set their rates, and Care
Seekers and Caregivers independently arrange payment outside the Platform.
SOSitter is not responsible for unpaid caregiver fees, payment disputes, cancellations, refunds between users, charge disputes between users, tax obligations, wage obligations, employment classification, or other financial disputes arising from a care arrangement.
SOSitter directly collects only fees charged for SOSitter services, including Care Seeker subscription fees and Caregiver background-check fees. Such payments are processed through Stripe or another disclosed third-party payment processor. SOSitter does not directly store full payment-card information.
SOSitter offers Care Seeker subscription plans that may be billed monthly, quarterly, or annually. Applicable prices and material billing terms are presented at purchase. SOSitter may change pricing prospectively in accordance with applicable law and any required notice.
Unless otherwise disclosed at purchase, paid subscriptions automatically renew for successive billing periods until canceled. By purchasing an automatically renewing subscription, you authorize the
applicable recurring charges disclosed at enrollment, subject to applicable law.
You may cancel through available account settings or another cancellation method SOSitter makes available. Cancellation takes effect at the end of the current paid billing period unless applicable law requires otherwise. SOSitter will provide cancellation methods, renewal notices, reminders, and other subscription disclosures to the extent required by applicable law.
Except where required by applicable law or expressly stated otherwise by SOSitter, subscription fees and background-check fees are non-refundable once charged. SOSitter may, in its discretion, issue a refund or credit for a verified billing error or qualifying technical failure. No refund is owed for dissatisfaction with caregiving services, which are independently provided by Caregivers and are not sold by SOSitter.
If SOSitter offers a free or discounted trial that converts to a paid subscription, the duration, conversion terms, recurring price, cancellation method, and any legally required reminder will be disclosed in connection with the offer.
Users may not:
SOSitter may investigate reported conduct and remove content or restrict, suspend, or terminate accounts when reasonably necessary for safety, compliance, fraud prevention, or enforcement.
Users may submit ratings and reviews based on genuine personal experiences. Reviews must be truthful and comply with these Terms. SOSitter may remove or restrict content that it reasonably believes is fraudulent, defamatory, discriminatory, threatening, irrelevant, unlawfully discloses
personal information, or otherwise violates these Terms. SOSitter does not guarantee the accuracy of user-generated reviews.
You retain ownership of content you submit, subject to the rights granted below. For profile content, photographs, job postings, and reviews intended to be displayed to other users, you grant SOSitter a non-exclusive, worldwide, royalty-free license to host, reproduce, format, display, and distribute that content as reasonably necessary to operate, improve, and promote the Platform.
Private in-app messages are not licensed to SOSitter for general promotional use. You authorize SOSitter and its service providers to host, transmit, store, process, and, where reasonably necessary,
review private communications to operate the messaging service, investigate safety or fraud concerns, enforce these Terms, comply with law, and protect users and the Platform.
The SOSitter name, logos, Platform design, software, text, graphics, and other proprietary materials are owned by or licensed to SOSitter and protected by applicable intellectual-property laws. Except for the limited license in Section 2, no right in SOSitter intellectual property is granted to users.
SOSitter’s collection, use, disclosure, and protection of personal information is governed by the SOSitter Privacy Policy, which is incorporated into these Terms by reference. Users acknowledge that certain Services involve sensitive information, including precise location, identity-verification information, background-check information, and care-related information.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” SOSITTER DISCLAIMS ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SOSitter does not warrant or guarantee the availability, conduct, safety, identity, qualifications, suitability, reliability, or performance of any user; the accuracy or completeness of background checks, identity verification, profiles, reviews, credentials, or user-submitted information; the quality or outcome of any care arrangement; or uninterrupted or error-free Platform operation.
TO THE FULLEST EXTENT PERMITTED BY LAW, SOSITTER AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR SIMILAR LOSSES ARISING FROM THE SERVICES OR ANY CARE ARRANGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, SOSITTER’S AGGREGATE LIABILITY FOR CLAIMS ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID DIRECTLY TO SOSITTER DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B)
$100. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
To the fullest extent permitted by law, you release SOSitter from claims arising solely from acts or omissions of other users or from independent care arrangements between users, including disputes
concerning payment, property damage, theft, personal injury, misconduct, negligence, transportation, or other offline interactions, except to the extent a claim arises from conduct for which SOSitter may not lawfully disclaim responsibility.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless SOSitter and its owners, officers, directors, employees, affiliates, and agents from third-party claims, liabilities, damages, losses, costs, and reasonable legal fees arising from your violation of these Terms or law, your content, your caregiving or care-seeking activities, or your acts or omissions in connection with a care arrangement, except to the extent caused by SOSitter’s own conduct for which indemnification may not lawfully be required.
Before initiating arbitration or litigation (other than an eligible small-claims matter or a request for emergency equitable relief), the complaining party must send written notice describing the dispute and
requested relief to the other party and allow at least 30 days for good-faith informal resolution.
Notices to SOSitter may be sent to hello@sositter.com and any business mailing address identified by SOSitter.
If a dispute arising out of or relating to these Terms, the Platform, or the Services is not resolved informally, it will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules then in effect, except where applicable law requires otherwise. The arbitrator may award any relief available to the individual claimant that a court of competent jurisdiction could award, subject to these Terms and
applicable law.
YOU AND SOSITTER AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.
TO THE EXTENT A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND SOSITTER KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Either party may bring an individual claim that qualifies for small claims court. Either party may also seek temporary or emergency injunctive relief in a court of competent jurisdiction where necessary to prevent imminent harm, misuse of intellectual property, unauthorized access, or other circumstances for which immediate equitable relief is appropriate.
You may opt out of this arbitration agreement by sending written notice to hello@sositter.com within 30 days after first accepting these Terms. The notice must include your full name, account email address, and a clear statement that you are opting out of arbitration. Opting out of arbitration does not opt you out of the remaining Terms.
This Section survives termination of your account and these Terms.
These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles, except to the extent federal law or another jurisdiction’s non-waivable law applies. Any dispute not subject to arbitration must be brought in a state or federal court of competent jurisdiction in Michigan, unless applicable law requires a different forum.
SOSitter may restrict, suspend, or terminate an account or Platform access for violation of these Terms; false or fraudulent information; background-check or identity-verification concerns; safety risks; suspected abuse or unlawful conduct; nonpayment of amounts owed to SOSitter; or conduct SOSitter reasonably determines threatens users, care recipients, the Platform, or SOSitter.
Where required by applicable law, SOSitter will provide notices or procedures associated with
decisions based on consumer reports or other regulated information. Termination does not eliminate obligations that by their nature survive, including payment obligations, intellectual-property provisions, disclaimers, liability limitations, dispute-resolution provisions, and indemnification.
By creating an account, you consent to receive electronic communications from SOSitter concerning your account, bookings, safety, identity verification, background screening, billing, legal notices, and the Services. You may opt out of promotional communications using available unsubscribe methods, but transactional, safety, and legal communications may still be sent.
SOSitter may update these Terms. If changes are material, SOSitter will provide notice through email, in-app notification, or another reasonable method as required by applicable law. Changes will take effect on the stated effective date. Where applicable law requires affirmative consent to a change, SOSitter will obtain that consent.
The Platform may integrate with third-party services such as Checkr, Persona, Stripe, Google, and Apple. Third-party services are governed by their own terms and privacy practices. SOSitter is not responsible for independent third-party services except to the extent required by applicable law.
SOSitter will not be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, acts of government, labor disruptions, telecommunications or internet failures, cyber incidents affecting third parties, utility failures, or similar events.
These Terms and the Privacy Policy constitute the agreement between you and SOSitter concerning the Platform, except for any additional terms expressly accepted for a specific feature. Section
headings are for convenience only. Failure to enforce a provision is not a waiver. You may not assign these Terms without SOSitter’s consent; SOSitter may assign them in connection with a merger, acquisition, reorganization, financing, sale of assets, or by operation of law. If any provision is unenforceable, it will be modified only to the minimum extent necessary and the remainder will remain effective.
Questions about these Terms may be directed to:
SOSitter
Email: hello@sositter.com
