Terms of Use

Effective: 8-25-2022

These “Terms of Use” (these “Terms” or this “Agreement”) establish(es) the terms and conditions under which “Care Providers” (individuals and entities who provide care services) may use Angelsinstead.com’s products, services, software, applications, and websites (referred to as “Angelsinstead.com’s Services” or “Services” as described below).

General Provisions

For purposes of these Terms, the “Site” shall mean www.Angelsinstead.com and any other Angelsinstead.com branded websites, web pages, mobile applications and mobile websites operated by Angelsinstead.com, Inc., and the “Services” shall mean any of the various services described below under the heading “Overview of Services” except as limited under the heading “Limitations on the Services.” Angelsinstead.com may be referred to in this Agreement as the “Company”, “we” or “us.”

Please read these Terms before using the Site or the Services. If you do not agree with the terms, do not download, register or use our applications and discontinue using the website immediately.

Angelsinstead.com reserves the right to modify these Terms from time to time. We will attempt to notify mobile app Users of updated terms in the app. Website visitors should check these terms for any updates.

Table of contents

Overview of Services

Limitations on the Services

Caregiver Eligibility to Use the Site and Services, Account Set-Up, Termination

Rules for User Conduct and Use of Services

Background and Verification Checks

Mobile Text Message Service Terms

Disclaimers; Limitations; Waivers; Indemnification

Privacy

Miscellaneous Provisions

Overview of services

We help Care Providers match with “Care Seekers” (individuals seeking in home care). As used herein, the terms “you” and “your” include any Care Provider who accesses the Site or the Services and, when applicable in the case of a Care Provider, any entity, such as an LLC or corporation, out of which the individual operates the individual’s Care Provider business.

The Angelsinstead.com Website allows Care Seekers to contact the company in order to share the requirements for the Care Provider. The Angelsinstead.com Service also provides the following features including:

Screening for licenses, insurance, background checks and references where required;

Matching technology for finding available Care Providers;

Electronic Visit Verification confirming the hours and locations worked by Care Provider;

Limitations on the Services

Angelsinstead.com will not evaluate compliance with any term or condition relating to a Care Provider’s performance of services for a Care Seeker. Angelsinstead.com’s functions are in all respects ministerial and administrative on behalf of and in support of the parties to a contractual relationship created pursuant to the Site and Services.

Angelsinstead.com also does not provide any medical, diagnostic, assessment, treatment or clinical service, engage in any conduct that requires a professional license, and/or that constitutes the providing of home care.

Caregiver Eligibility to Use the Site and Services, Account Set-Up, Termination

In order for Caregivers to be eligible to use our Services, you must meet the following criteria:

You are eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services;

You must be permitted to legally work within the United States;

You must comply with the applicable provisions of the Background and Verification Check Section below.

Caregivers registering or using the Services of Angelsinstead.com, you represent, acknowledge and warrant that you have met the applicable eligibility requirements above, and that you have the right, authority and capacity to enter into these Terms for yourself or on behalf of another, and you commit to abide by all of these Terms, as applicable.

Creating an Account: You may be required to select a unique user ID and password, along with other authentication requirements that may be required (collectively “Account Credentials”). You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. You may not transfer or share your Account Credentials with any third parties, and you are solely responsible for maintaining the confidentiality of your Account Credentials. You acknowledge and agree that we rely on Account Credentials to know whether users accessing the Site and using our Services are authorized to do so. You are solely responsible for any and all use of your Account Credentials and Account and all activities that occur under or in connection with your Account Credentials or Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Credentials. You agree not to register for more than one Account or register for an Account on behalf of any group.

Termination of Use or Registration. Should Angelsinstead.com determine that you have violated any terms stated herein, have misrepresented your credentials or identity or your credential status has changed or expired, Angelsinstead.com reserves the right to terminate your access to the Angelsinstead.com Website and / or Mobile App. Angelsinstead.com will not, and has neither the right nor the power to, terminate any home-care arrangement in which you are involved. Our decision to terminate a Care Provider’s access to our platform does not constitute, and should not be interpreted as bearing on the individual’s character or general reputation.

Rules for User Conduct and Use of Services

Exclusive Use. As a Care Provider, you may use your account only to locate care opportunities for yourself from Care Seekers. Care Providers are responsible for all of their respective activity on the Site and use of their accounts. Care Providers may not assign or otherwise transfer their accounts to any other person or entity.

If you are a Care Provider, as a condition to your using the Site and Services, you represent and affirm:

That you will not knowingly, willfully, or negligently accept any opportunity presented pursuant to the Site and Services if such opportunity would require professional credentials you do not possess, or be in violation of any applicable law, ordinance, or duty, contractual or otherwise, that you owe to a third party;

That you will promptly notify Angelsinstead.com if any component of your login credentials is lost, stolen, or otherwise compromised; and

That you acknowledge that Angelsinstead.com relies on the truthfulness of these representations and affirmations in determining your eligibility to use the Site and Services.

Content Restrictions. The following rules pertain to “Content,” defined as any communications, images, sounds, videos, messages, photos, audio, reviews, or profiles, and any other material, data, files and information, or any derivations or reproductions thereof, that you or other users publish, display, enter, post, upload, or transmit onto or through the Site or Services. By posting any Content while using our Service, you agree, represent and warrant as follows:

You are responsible for providing accurate, current, and complete information in connection with your registration for use of the Site and the Services;

You will register your account in your own legal name, even if you are seeking care for another individual or family member;

All Content you post will be in English as the Site and Services are not currently supported in any other languages;

Angelsinstead.com reserves the right to publish content provided by you to our public website, app or other digital media designed to promote our service;

You are solely responsible for any Content that you post on the Service You will not submit offensive or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement, HIPAA violations or computer misuse, or give the impression or suggest that any Content emanates from Angelsinstead.com;

You have the right to, and hereby grant to Angelsinstead.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content (except for personally identifying information and protected health information as defined by the Health Insurance Portability and Accountability Act of 1996) by Angelsinstead.com will not infringe or violate the rights of any third party;

Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations;

Angelsinstead.com is not responsible for any claims resulting from any inaccurate, untimely or incomplete Content provided by users of the Site;

Content submitted by users, and not directly by Angelsinstead.com, is that of the respective authors. Such authors are solely responsible for such Content. Angelsinstead.com does not: (i) guarantee the accuracy, completeness, or usefulness of any Content on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service; and

Under no circumstances will Angelsinstead.com or its affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other Content submitted.

Prohibited Uses. By using the Site or Services of Angelsinstead.com, you agree that you will not under any circumstances:

Use the Site, Services, or any information or Content contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

Use the Site or Services for any unlawful purpose, or for the promotion of illegal activities;

Harass, abuse or harm another person or group, or attempt to do the same;

Use another user’s Angelsinstead.com account unless you have the legal authority to make healthcare decisions on such user’s behalf;

Provide false or inaccurate information when registering an account on Angelsinstead.com, using the Services, or communicating with other Registered Users;

Attempt to re-register with Angelsinstead.com if we have terminated your account, or terminate your registration and re-register in order to prevent a review from being associated with your account;

Interfere or attempt to interfere with the proper functioning of Angelsinstead.com’s Services, including without limitation the operation of the Site;

Make any automated use of the Site or the Services, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

Bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data;

Use the communication systems provided by, or contacts made on, Angelsinstead.com for any commercial solicitation purposes other than those relating to seeking a care providing referral with a Angelsinstead.com client; or

Publish or link to malicious content including without limitation any malware, viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or intended to damage or disrupt another user’s browser or computer or access to the Services.

In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of phone numbers a Care Seeker may view or the number of emails a user may send in any 24-hour period to a number which we deem appropriate in our sole discretion. Should Angelsinstead.com find that you violated these Terms, or for any reason, Angelsinstead.com reserves the right, at its sole discretion, to immediately terminate your access and/or use of the Site and Services.

Further, in order to protect the integrity of the Site and the Services, Angelsinstead.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site. It shall be a violation of these Terms to use any browser or technology which alters, conceals, or hides your IP address.

Background and Verification Checks

General. Care Providers that register on the Angelsinstead.com App will not be eligible to accept referrals until they successfully complete the background and verification check process established by Angelsinstead.com through its approved vendors. Care Providers also may be subject to periodic background and verification updates over time. A copy of the reports from such checks will be provided to Angelsinstead.com. If a background check uncovers information that is considered in any adverse action relating to any Care Provider, the Care Provider will be notified of his or her options to review the results to the extent required under the FCRA (Fair Credit Reporting Act).

Angelsinstead.com also may review DMV records for Care Providers if required by Care Seeker.

Cost of background and verification checks. Angelsinstead.com will pay all costs of the background and verification checks, at no expense to you.

Receiving and sharing background checks. If you order a background check about yourself, you will be emailed a copy of the results if such results are considered in any adverse action. You are responsible for making sure that the email addresses you provide to Angelsinstead.com (and the approved vendor if applicable) are correct, knowing that sensitive information will be sent to those addresses. If you have ordered a background check through Angelsinstead.com, we may indicate in your profile that you have completed that component of our screening process. If the results of any background check you order causes Angelsinstead.com to be unable to establish your account, or requires that we suspend or terminate your account, those results will not be shared with other users without your specific consent, except as required or permitted by law.

Angelsinstead.com review of background checks. By using the Site or Services, you acknowledge and agree Angelsinstead.com may access, review, use and disclose any background check reports you have ordered or authorized about yourself for the legitimate business purpose of protecting the safety and integrity of our Site and its users and reserves the right to decline to establish or continue your access or account, or to terminate your access or account based on the information contained in such reports. You hereby represent, understand, and expressly agree that Angelsinstead.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these background check reports. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it, and not Angelsinstead.com.

Angelsinstead.com may order and use background checks about you at its own expense. By downloading the Angelsinstead.com App Care Providers acknowledge and agree that Angelsinstead.com has the right, but not the obligation, to use a third party consumer reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of our Site and its users (“Internal Background Checks”). Angelsinstead.com may order these checks when you register with Angelsinstead.com and thereafter in connection with your continued use of our Services and/or interaction with our Site. BY AGREEING TO THESE TERMS AND USING OUR SITE, YOU AGREE TO ALLOW ANGELSINSTEAD.COM TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE ANGELSINSTEAD.COM. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.

Angelsinstead.com may verify your identity and the accuracy of your representations and warranties. By registering as a Care Provider, you authorize Angelsinstead.com, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, Angelsinstead.com reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data (e.g., licenses and certification you disclose to Angelsinstead.com) is accurate and that the representations and warranties above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.

You agree that Angelsinstead.com may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation decline to establish or continue your access or account, or to terminate your access or account, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for Angelsinstead.com. You also hereby represent, understand, and expressly agree that Angelsinstead.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes. BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW ANGELSINSTEAD.COM TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE ANGELSINSTEAD.COM. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.

Release of liability for results of background checks, internal background checks, and verification checks. If you decide to use or access information included in a background or verification check, you hereby represent, understand, and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of background check ordered as well as the state and county where the check is performed. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal data base, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database. If you decide to access, use, or share information provided by a background check, you agree to do so in accordance with applicable law. You expressly acknowledge that Angelsinstead.com has no obligation to perform background checks, Internal Background Checks, or Verification Checks on any Registered Users except as described on the Site and/or otherwise required by law. To the extent Angelsinstead.com performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.

Mobile Text Message Service Terms.

The following terms in this section apply to everyone who: (1) signs up to receive one or more SMS or MMS message and/or messages from Angelsinstead.com, or (2) sends us messages via SMS or MMS.

To communicate with you more efficiently, we may at times contact you for non-advertising purposes using text messages, including messages sent with an automatic telephone dialing system or similar technology, at the telephone number(s) you have provided to us. When you sign up for Angelsinstead.com’s text alert program you are expressly consenting to receive text messages on behalf of Angelsinstead.com in the following circumstances (the “Text Services”):

If you sign up to our Text Services, you will receive a text message confirming your enrollment in our Text Services;

Operational communications concerning your user account, sign up progress, use of Angelsinstead.com’s Services, or features available in connection with the Angelsinstead.com’s Services;

Communications relating to project opportunities with clients seeking in home care services;

News concerning Angelsinstead.com and industry developments that affect Care Provider’s relationship with Angelsinstead.com; and

Account verification communications.

You may opt out of the Text Services at any time by texting the word STOP to our number from the enrolled mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages from Angelsinstead.com related to the Text Services.

We do not charge a fee for the Text Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your using the Text Services.

The Text Services may not be available in all areas at all times. SMS/MMS messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit SMS/MMS messages to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device.

You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.

Disclaimers; Limitations; Waivers; Indemnification

Site Content. The Services made available on this Site, and any information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is” and without any warranties of any kind, including, without limitation, any express warranties, warranties of merchantability, warranties of fitness for a particular purpose, warranties of workmanlike quality, or any other implied warranties. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Angelsinstead.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

Care Provider content is primarily user-generated, and we do not control or vet user generated content for accuracy as a general matter. Angelsinstead.com does not assume any responsibility for the accuracy or reliability of any information provided by Care Providers on or off this Site. We may offer certain users the opportunity to verify certain information such as their email address. If we indicate that a user has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, represent, or warrant the accuracy of such information. Nor can we guarantee, represent, or warrant that any user-generated content is free from computer viruses.

Additionally, links from the Site to external sites (including external sites that are framed by Angelsinstead.com) or inclusion of advertisements do not constitute an endorsement by Angelsinstead.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Angelsinstead.com does not control such sites, and is not responsible for their content. Links on the Site to such sites does not mean that Angelsinstead.com endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Angelsinstead.com’s Terms of Use. Angelsinstead.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Angelsinstead.com harmless from any liability that may result from the use of links that may appear on the Site.

App Stores. You acknowledge and agree that the availability of the our mobile application (“Application”) is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and Angelsinstead.com and not with the App Store. Angelsinstead.com, not the App Store, is solely responsible for the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

Limitation of Liability. Incidental Damages and Aggregate Liability. In no event will Angelsinstead.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Angelsinstead.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Indemnification.

By agreeing to these Terms, you agree to defend, indemnify, and hold Angelsinstead.com, including its affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Site and/or participation in the Services, including but not limited to: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through Angelsinstead.com or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Site and Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

No user has actual or apparent authority to sign agreements on behalf of Angelsinstead.com or bind Angelsinstead.com into a contract. You hereby agree to promptly defend against any losses, claims, damages, liabilities or expenses connected with the Site and/or the Services, but will not settle without consulting Angelsinstead.com and obtaining its prior written consent. You will allow Angelsinstead.com to participate, through separate counsel, in the defense of any such loss, claim or other action.

You and Angelsinstead.com expressly agree that this is not an employment agreement and does not create an employment relationship between any Registered User and Angelsinstead.com; and that no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. Registered Users have no authority to bind Angelsinstead.com, and you undertake not to hold yourself out as an employee, agent or authorized representative of Angelsinstead.com.