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Terms of Service

Effective Date: 7/30/24

These Terms of Use ("Terms") govern your access to the proprietary verification and matching platform operated by KPPD Software Dev LLC ("KPPD") (collectively, the "Platform"). BY ACCESSING OR USING THE PLATFORM, YOU ("YOU") AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

We may modify these Terms at any time. All changes will be effective immediately upon posting to the Platform. Material changes will be conspicuously posted on the Platform or otherwise communicated to you. By using the Platform after changes are posted, you agree to those changes.

Content

The Platform, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the "Content") are exclusively the property of KPPD or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, KPPD reserves all other rights in and to the Platform and Content, including all intellectual property rights.

Use Rights

You may only use the Platform or Content for your personal, non-exclusive use in the United States, so long as you comply with these Terms, all other terms posted throughout the Platform as applicable to you (if any), and all applicable laws. You may only use the Platform and the Content for their intended purposes for which they are made available to you by KPPD.

Accounts

In order to use most aspects of the Platform, you must register for and maintain an active personal user account ("Account"). You:

  • must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account,
  • may only possess one Account, and
  • may not assign or otherwise transfer your Account to any other person or entity.

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account credentials at all times. Do not share your Account or passwords with any other person. Each person using an Account must use their own separate log-in information. Do not access or attempt to access any Account that is not yours. If you believe that your Account has been compromised, you must immediately contact us. We may disable any Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Account registration may require you to submit certain personal information and information related to your interest in a particular job ("Account Information"). You are responsible for providing accurate Account Information. KPPD may disable or delete your account if after registration your Account is not confirmed (where applicable), your Account is unused and remains inactive for an extended period of time, if we detect someone may have used it without your permission and we are unable to confirm your ownership of the account, or where we are required to do so under applicable law. To the maximum extent permitted by applicable law, KPPD assumes no liability for such loss of access and use and will have no obligations related to such loss. For more information regarding KPPD's use of your personal information, please see our Privacy Notice.

Care Opportunity Listings

Through the Platform, KPPD may make available third-party listings ("Care Opportunity Listings"). Care Opportunity Listings are created and provided by third parties over whom KPPD exercises no control. You acknowledge and understand that KPPD has no control over the content of Care Opportunity Listings, links to or from Care Opportunity Listings, or any conditions third parties might impose once you have submitted a bid or signified your interested in a Care Opportunity Listing. KPPD has no obligation to screen any Care Opportunity Listings and may exclude or remove any Care Opportunity Listings from the Platform. You understand and agree that KPPD has no obligation to present you with any or all Care Opportunity Listings. We cannot confirm the accuracy or completeness of any Care Opportunity Listing or other information submitted by any agency or registry, including the identity of such entity. KPPD assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Care Opportunity Listings, or other information submitted by any agency or registry. Care Opportunity Listings may expire or otherwise be removed by the time you accept an opportunity or submit your bid for the opportunity, in which cases your acceptance or bid will be void. KPPD has no responsibility for expired or removed Care Opportunity Listings or for delivering applications prior to a Care Opportunity Listing's expiration or removal. KPPD may store your bid requests and related information regardless of whether a Care Opportunity Listing has been closed or is no longer available on the Platform. By using the Platform, you agree that KPPD is not responsible for the content of an agency or registry's care opportunity description or requirements. Agencies, registries, caregivers and care seekers are solely responsible for compliance with all applicable laws, including the Fair Credit Reporting Act and similar laws, anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any applicable data protection or privacy laws. If you have questions or concerns about an agency or registry's Care Opportunity Listing, please contact the agency or registry directly. KPPD does not guarantee the validity of a care opportunity offer and is not responsible for any decision that is made by a care seeker with regard to your acceptance or rejection for a particular opportunity. You are solely responsible for verifying the accuracy of any agency or registry's posting of a care opportunity offer.

Care Opportunity Listing Functionality

KPPD may provide independent functionality to assist you. KPPD may reformat Care Opportunity Listings so that you may read them more clearly. The placement of a Care Opportunity Listing on a dedicated page or website is not a representation regarding the nature of the offer for legal purposes or a representation regarding the attributes of an particular agency, registry, or care seeker. KPPD does not guarantee that bidding on opportunities through a dedicated page or website will lead to a better bid experience or acceptance from an agency or registry's clients.

Service Hours

The Care Opportunity Listing will include information regarding the time commitment anticipated for the specific opportunity, including which days and hours the client is seeking personal care services ("Anticipated Schedule"). Once you have accepted an opportunity, the Anticipated Schedule will appear in your calendar on the Platform. Once you are ready to start the Anticipated Schedule, the Platform will provide functionality that allows you to indicate to the applicable care seeker that you have started and ended your Anticipated Schedule. Any issues that arise with the Anticipated Schedule or scheduling must be handled between you and the applicable care seeker.

Communications

Through the Platform, you will be able to view, send, store, and receive communications related to the Care Opportunity Listings. When an agency, registry or care seeker views, sends, stores or receives communications or materials to KPPD, KPPD may inform you about such actions. Additionally, we may also inform you that an agency, registry or care seeker has taken other actions with regards to your bid. For example, we may inform you that an agency, registry, or care seeker has invited you to bid on a specific opportunity or that a care seeker has accepted or rejected your bid. KPPD may also enable messaging services within the Platform in order for you to connect with an agency, registry or care seeker for which you have bid on a Care Opportunity Listing ("KPPD Messaging"). You understand that communicating through KPPD Messaging and/or other communication options on or through the Platform shall be limited to the purpose of bidding on a Care Opportunity Listing or coordinating details related to an accepted opportunity (i.e., scheduling). KPPD reserves the right, in its sole discretion, to turn off or disable KPPD Messaging or other communication options at any time without prior notice and for any or no reason.

Payments

The Care Opportunity Listing will also provide information regarding the care seeker's offer of compensation for a potential opportunity. Once you have submitted your invoice for personal care services provided, your payment will be collected from the care seeker and transferred to our third-party payment processor, Stripe. You are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Terms"), and you agree to be bound by the Stripe Terms, which may be modified from time to time. You also agree to provide accurate and complete information about you and authorize KPPD to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. KPPD reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion. Once your compensation has been transferred to your Stripe Connected Account, you are responsible for transferring any funds to your bank account. YOU ACKNOWLEDGE AND AGREE THAT KPPD SHALL HAVE NO RESPONSIBILITY OR LIABILITY WITH REGARD TO A CARE SEEKER'S PAYMENT OBLIGATIONS TO YOU.

Privacy

We process personal information in order to provide the Platform and our services. We process your personal information in accordance with our Privacy Notice.

Use of Marks

KPPD owns certain trademarks, names, logos, insignia, or service marks ("Marks"). You do not have the right to use any Marks except as expressly agreed to in writing by KPPD. In addition, the Platform may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party's consent.

Intellectual Property Rights

The Platform and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to KPPD or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

Compliance with Laws

In connection with your access to and use of the Platform, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

Children's Information

The Platform is not directed at children under the age of eighteen (18) years old. If you are under eighteen (18) years old, you must immediately stop using the Platform.

Restrictions on Your Use of the Platform

  • You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Platform or Content without KPPD's prior written consent.
  • You will not use the Platform for unlawful purposes.
  • You will not submit inaccurate, incomplete, or out-of-date information via the Platform, commit fraud or falsify information in connection with your use of the Platform.
  • You will not engage in data mining or similar data gathering or extraction activities from the Platform. You will not use the Platform to harvest email addresses, names, or other information of the users of the Platform or to spam other users of the Platform.
  • You will not access, use, or copy any portion of the Platform or Content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
  • You will not use the Platform to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Platform, the servers used to make the Platform available, or any other network, computers, hardware, software or systems.
  • You will not engage in activities that aim to render the Platform or associated services inoperable or to make their use more difficult.
  • You may not frame, mirror, or circumvent the navigational structure of any part of the Platform.
  • You may not upload, distribute, transmit, or post anything to or through the Platform that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
  • You may not engage in any conduct while using the Platform that KPPD considers inappropriate, unauthorized, or contrary to the intended purpose of the Platform.

Feedback and Other Content Submitted By You

If you submit comments or feedback to us regarding the Platform or its Content, or any other comments, questions, requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

NO WARRANTY

THE PLATFORM AND CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KPPD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PLATFORM AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

KPPD MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE PLATFORM IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. KPPD DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE PLATFORM OR CONTENT. KPPD DOES NOT WARRANT OR GUARANTEE THAT THE PLATFORM OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE PLATFORM OR CONTENT WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KPPD OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, "KPPD PARTY(IES)") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A KPPD PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE PLATFORM OR CONTENT.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE KPPD PARTIES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE KPPD PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE PLATFORM OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE PLATFORM. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).

Third-Party Websites and Content

The Platform may link to, or be linked to, websites not maintained or controlled by KPPD. Those links are provided as a convenience to the visitors of our Platform. KPPD is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Platform. KPPD does not warrant or endorse any third-party website or any products or services made available through those websites. When leaving the Platform, it is the terms and privacy policy of that third party that govern your use of the third-party site (and such third-party's use of your personal information), not these Terms.

The Platform may also contain certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that KPPD has reviewed the third-party Content or that there is any association between KPPD and any third party. You access third-party Content at your sole risk. KPPD has no responsibility for any third-party Content. Nothing in these Terms grants you any rights to any third-party Content.

Linking to the Platform

You are prohibited from linking to the Platform on your website or elsewhere without the prior express written consent of KPPD. If KPPD grants you a right to link to the Platform, certain terms may apply, and KPPD reserves the right to revoke such consent at any time. You are responsible for any costs incurred by KPPD in enforcing its rights under this Section.

Use in the United States

The Platform is intended for use in the United States only. We do not guarantee that use of the Platform will be available or permitted in any location other than the United States. If you choose to access the Platform from a location other than the United States, you do so at your own risk. THE EXISTENCE OF THE PLATFORM OR ANY CONTENT SHALL NOT BE CONSTRUED AS KPPD OR THE KPPD PARTIES OFFERING SUCH PLATFORM OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH PLATFORM OR CONTENT IS PROHIBITED BY LAW.

Termination

If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Platform or Content, and we may restrict your access to your Account or the Platform or Content. KPPD may suspend or terminate your Account, the Platform or any Content, in whole or in part, at any time in its sole discretion for any reason. KPPD shall not be liable to you or anyone else for any damages arising from or related to KPPD's suspension or termination of your Account or access to the Platform or the Content, or in the event KPPD modifies, discontinues or restricts the availability of your Account, the Platform or the Content (in whole or in part).

Platform Unavailability

Without limiting the generality of the previous section, the Platform or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

Cooperation with Law Enforcement

KPPD will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD KPPD AND THE KPPD PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

Governing Law

These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Florida without reference to its conflicts or choice of law principles. Any arbitration or court proceeding will take place in Broward County, Florida and you hereby consent to the exclusive jurisdiction and venue of the state or Federal courts in Broward County, Florida. You irrevocably submit and consent to the personal jurisdiction of such courts. Any cause of action or other claim brought by you with respect to the Platform or Content must be commenced within one year after the cause of action or claim arises.

Assignment

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of KPPD's successors and assigns.

Entire Agreement

These Terms and any terms posted throughout the Platform (if any) are the entire agreement between you and KPPD with respect to your access to and use of the Platform.

Waiver

KPPD's failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by KPPD.

Severability

If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

Electronic Communications

These Terms and any other documentation, agreements, notices, or communications between you and KPPD may be provided to you electronically to the extent permissible by law.

Contact Us

Please direct any questions and concerns regarding these Terms to us at support@fyi.care