Terms of Service
Effective Date: November 15, 2024
Last Updated: November 15, 2024
1. Acceptance of Terms
Welcome to Nanny California! By accessing or using our platform ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.
These Terms constitute a legally binding agreement between you and Nanny California ("we," "us," or "our").
2. Our Role: Community Organizer
IMPORTANT: Nanny California operates as a community organizer, not an employment agency, staffing service, or job placement platform.
2.1 What We Do
- Facilitate connections between nannies and families through a trusted community
- Provide educational resources, forums, and events
- Create a supportive network for childcare professionals and parents
2.2 What We Do NOT Do
- We do not guarantee employment outcomes or job placements
- We do not conduct background checks or employment verification
- We do not act as an employer or intermediary in employment relationships
- We do not provide medical, legal, or psychological advice
- We do not match nannies with families algorithmically - connections are member-driven
Members are solely responsible for:
- Conducting their own background checks and due diligence
- Negotiating employment terms and contracts
- Complying with employment laws, tax obligations, and insurance requirements
- Making their own hiring or employment decisions
3. Eligibility
To use our Services, you must:
- Be at least 18 years old
- Have the legal capacity to enter into binding contracts
- Provide accurate and truthful information when registering
- Not be prohibited from using our Services under applicable laws
If you are registering on behalf of an organization (e.g., nanny agency, family office), you represent that you have authority to bind that organization to these Terms.
4. User Accounts and Membership
4.1 Account Registration
You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and update your information to keep it accurate
- Keep your account credentials secure and confidential
- Notify us immediately of any unauthorized access to your account
4.2 Membership Tiers
We offer different membership levels:
- Waiting List (Free): Join the waiting list for early access
- Founding Member: Early adopters with special benefits
- Nanny Membership ($29/month or $290/year): Access to community forums, events, and resources
- Parent Membership ($49/month or $490/year): Enhanced access with priority support
4.3 Cancellation and Refunds
You may cancel your membership at any time. Refund policies:
- Monthly subscriptions: Cancel anytime, no refund for partial months
- Annual subscriptions: Prorated refund if canceled within first 30 days; no refund after 30 days
- Founding member discounts: Non-refundable
5. Acceptable Use Policy
5.1 Prohibited Conduct
You agree NOT to:
- Use the platform for illegal activities or to violate laws
- Harass, threaten, or discriminate against other members
- Post false, misleading, or fraudulent information
- Impersonate another person or entity
- Spam, solicit, or advertise commercial services unrelated to childcare
- Attempt to hack, disrupt, or reverse-engineer our Services
- Scrape or collect user data without permission
- Share your account credentials with others
5.2 Content Standards
User-generated content must be:
- Respectful and professional
- Relevant to childcare, parenting, or community topics
- Free from hate speech, profanity, or explicit content
- Non-discriminatory (no discrimination based on race, religion, gender, etc.)
5.3 Consequences of Violations
We reserve the right to:
- Remove violating content without notice
- Suspend or terminate accounts that violate these Terms
- Report illegal activity to law enforcement
- Withhold refunds for terminated accounts
6. Intellectual Property
6.1 Our Content
All content on our platform (text, graphics, logos, code, design) is owned by Nanny California or our licensors and protected by copyright, trademark, and other intellectual property laws.
You may not copy, modify, distribute, or create derivative works without our written permission.
6.2 User Content
You retain ownership of content you post (forum posts, comments, profiles). However, by posting, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content within the platform.
We will never sell your content to third parties or use it for advertising without your consent.
6.3 Feedback
If you provide feedback or suggestions, we may use them to improve our Services without compensation or attribution.
7. Disclaimers and Limitations of Liability
7.1 No Warranty
Our Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied. We do not guarantee:
- Uninterrupted or error-free access to the platform
- Accuracy or reliability of user-generated content
- That our Services will meet your specific needs
- Employment outcomes or member satisfaction
7.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NANNY CALIFORNIA SHALL NOT BE LIABLE FOR:
- Indirect, incidental, or consequential damages
- Lost profits, data loss, or business interruption
- Damages arising from employment disputes between members
- Actions or omissions of other users
Our total liability to you for any claims shall not exceed the amount you paid us in the past 12 months (or $100 if you are a free member).
7.3 Third-Party Services
We are not responsible for third-party services linked from our platform (e.g., background check providers, payroll services). Your use of third-party services is at your own risk and subject to their terms.
8. Indemnification
You agree to indemnify and hold harmless Nanny California, its officers, directors, employees, and agents from any claims, damages, or expenses (including legal fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any rights of another person or entity
- Employment disputes with other members
9. Dispute Resolution and Arbitration
9.1 Informal Resolution
Before filing a claim, you agree to contact us at [email protected] to attempt informal resolution.
9.2 Arbitration Agreement
Any disputes not resolved informally shall be resolved through binding arbitration under the rules of the American Arbitration Association (AAA), rather than in court.
Exceptions: You may bring claims in small claims court if they qualify.
9.3 Class Action Waiver
You agree to bring claims only in your individual capacity, not as a class member in any class action.
9.4 Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
10. Termination
10.1 Termination by You
You may terminate your account at any time by contacting us or using the account deletion feature.
10.2 Termination by Us
We may suspend or terminate your account if you:
- Violate these Terms or our policies
- Engage in fraudulent or illegal activity
- Fail to pay membership fees
- Harm the community or other members
10.3 Effect of Termination
Upon termination:
- Your access to the platform will cease immediately
- Your content may be deleted (we may retain some data for legal compliance)
- You remain liable for obligations incurred before termination
- Provisions regarding liability, indemnification, and dispute resolution survive termination
11. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by:
- Posting the updated Terms with a new "Last Updated" date
- Sending an email notification to members (for significant changes)
Your continued use of our Services after changes constitutes acceptance of the updated Terms. If you do not agree, you must stop using our Services and cancel your account.
12. Miscellaneous
12.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nanny California.
12.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
12.3 Waiver
Our failure to enforce any provision of these Terms does not waive our right to enforce it later.
12.4 Assignment
You may not transfer or assign your rights under these Terms. We may assign our rights without restriction.
13. Contact Us
For questions about these Terms:
Legal Questions: [email protected]
General Inquiries: [email protected]
Response Time: Within 7 business days
By using Nanny California, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.