TERMS OF USE

Effective as of July 1, 2017

This Terms of Use (this “Terms”) is a contract between you (“you” or “User” or “Care Provider” or “Care Family”) and Gravity Care, Inc. (“Gravity Care”, “Company”, “we,” or “us”) and, to the extent expressly stated, our affiliate payment service provider Escorow.com (“Escrow”). You must read, agree to, and accept all of the terms and conditions contained in this Terms in order to use our websites, applications, online services (the “App”. “Online Services”) owned and operated by us.

THE APPLICATION AND SERVICES COMPRISE AN ONLINE MARKETPLACE THROUGH WHICH CARE PROVIDERS MAY CREATE ACCOUNT IN ORDER TO FIND CARE FAMILIES THAT MAY LEARN ABOUT THEM AND AND BOOK THEIR SERVICES DIRECTLY WITH THEM. YOU UNDERSTAND AND AGREE THAT COMPANY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CARE PROVIDERS AND CERA FAMILIES. COMPANY HAS NO CONTROL OVER THE CONDUCT OF CARE PROVIDERS AND CARE FAMILIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU REGISTER AN ACCOUNT IN APP YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH COMPANY IS LIMITED TO BEING A USER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF COMPANY FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF COMPANY.

YOU UNDERSTAND THAT BY USING THE APP AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS, INCLUDING THE MANDATORY BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION. IF YOU DO NOT ACCEPT THE TERMS IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE APP AFTER THE EFFECTIVE DATE.

Subject to the conditions set forth herein, Company may, in its sole discretion, amend this Terms at any time by posting a revised version of the App and will provide reasonable advance notice of any amendment that includes a Substantial Change. If the Substantial Change includes an increase to Fees charged by the Company, the Company will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms will take effect on the noted effective date or when posted if there is no noted effective date (each, as applicable, the “Effective Date”).

Your continued use of the App after the Effective Date of a revised version of this Terms constitutes your acceptance of and agreement to be bound by the Terms as revised.

1. DIGITAL SIGNATURE.

By registering a Gravity Care Account or by clicking to accept the Terms of Use when prompted on the App, you are deemed to have executed this Terms electronically, effective on the date you register your Account or click to accept the Terms, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Terms, and any amendments.

2. HOW THE APP WORKS

The App is a community marketplace where Care Providers and Care Families can identify each other, advertise and/or order the Care Providers’ services and enter into engagement agreement (Engagement). Subject to the Terms of Use, Company provides the App to Users, including maintaining the App, enabling the formation of Service Contracts, verification of information and coordinating of payments related to those Service Contracts. Company is not a service provider or an employer of any Care Provider. Unless explicitly specified otherwise, Company’s responsibilities are limited to facilitating the availability of the App.

3. GRAVITY CARE ACCOUNTS

a. Accounts Eligibility .
The App is intended solely for persons who are 18 or older. Any access to or use of the App by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. You may not create an account through which another person or company may act on your behalf.

b. Account registration for Care Providers.
In order to create a Care Provider Profile (“Profile”) and be able to accept the service bookings, Care Provider has to register to create an account (“Gravity Care Account“) and become a User. Care Provider must provide true, accurate, and complete information on her Profile and all registration and other forms she accesses on the App and update information to maintain its truthfulness, accuracy, and completeness. Care Provider agrees not to provide and to correct any information about location, skills, that is or becomes false or misleading.

c. Identity Verification.
When Care Provider registers for an Account and from time to time thereafter, this Account will be subject to verification, including, but not limited to, validation against third-party databases. By registration the account Care Provider authorizes Company, directly or through third parties, to use the information provided to conduct background check and make any inquiries necessary to validate identity and confirm the information provided by Care Provider.

d. Account registration for Care Families.
In order to access certain features on the APP and book the service Care Family have to register to create an account.

e. User Account and Password
We use reasonable precautions to protect the privacy of your UserID, password and Gravity Care Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the App.

You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies.

You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify Company of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by calling by email at support@gravitycare.io

You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.

f. Reliance by Company.
You authorize Company to rely on your UserID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your UserID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that COMPANY may comply with the Payment Instructions entered by any person using your UserID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of these Terms.

g. Security.
Company is committed to protecting the security and confidentiality of information about you and your Gravity Care Account. Company uses, and may in the future use, several different security methods to protect your Gravity Care Account, including:

  • You can only access the Online Service with certain browsers that have high security standards.
  • If the Online Service does not recognize your computer, you will be prompted to answer one of your challenge questions to verify your identity.
  • The Online Service will automatically log off if prolonged periods of inactivity occur.
  • Your session will terminate if you navigate away from the Online Service to another website.

4. ELECTRONIC COMMUNICATION.

a. Email and Online Message Center.
When you register a Gravity Care Account, you must designate a primary email address that will be used for receiving electronic communication. To the extent that Company maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by Company for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with Company. Company will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Company, do not respond to the email or forwarding the email to support@gravitycare.io

b. Usage of Electronic Communication.
By registration of Gravity Care Account you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile.

You also agree that Company may respond to any communication you send to Company with an electronic communication, regardless of whether your original communication with Company was an electronic communication. Any electronic communication Company sends to you will be considered received within 3 (three) calendar days of the date such communication is sent by computer servers utilized by Company to the email address you designate in your account profile or posted to Company’s online message center (if applicable).

To the extent permissible under Applicable Law, any electronic communication you send to Company will not be effective until Company has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with Company immediately and, in no event, should your sole method of communication with Company regarding any emergency be by electronic communication. Company strongly suggests that you report all matters requiring immediate attention to Company sending email at legal@gravitycare.io . Company may require you to provide written confirmation of any verbal or electronic notice of alleged error by Company.

5. CONTRACTUAL RELATIONSHIPS BETWEEN CARE PROVIDER AND CARE FAMILY.

You acknowledge and agree that an Engagement is comprised of the following agreements (as applicable): (a) Escrow Instructions; (b) the Engagement terms awarded and accepted on the Mobile App to the extent that the terms do not, and do not purport to, expand Gravity Care’s obligations or restrict Gravity Care’s rights under the Terms of Service; and (e) any other contractual provisions accepted by both the Care Family and Care Provider, to the extent that the provisions do not, and do not purport to, expand Gravity Care’s obligations or restrict Gravity Care’s rights under the Terms of Service. You acknowledge and agree that Gravity Care is not a party to any Service Contracts and/or Engagement, and that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between Gravity Care and any User.

6. ESCROW ACCOUNT.

Escrow.com provides escrow services to Users to deliver, hold, or receive payment for an Engagement, and to pay service and payment processing and administration fees to Gravity Care (“Escrow Services”). Escrow is a California corporation (“IES”) is the direct provider of escrow services, and is licensed by the Department of Business Oversight, State of California, License Number 963 1867, the Arizona Department of Financial Institutions EA 0908016, and the Idaho Department of Finance, License Number ESC-1050. Depending on your needs and the applicable Escrow Instructions, Escrow will establish and maintain one of three different types of Escrow Accounts, subject to the applicable Escrow Agreement:

a. Care Family Escrow Account.
After entering into a Service Contract, the first time a Care Family makes a payment for an Engagement, Escrow will establish and maintain a “Care Family Escrow Account” to hold funds for the Client to use to make payments for Engagements, to receive refunds in connection with Engagements, and to make payments to Gravity Care for payment processing and administration fees.

b. Care Provider Escrow Account.
After entering into a Service Contract, the first time a Care Provider uses the Escrow to receive payment for an Engagement, Escrow will establish and maintain a “Care Provider Escrow Account” for the Care Provider to receive payments for Engagements, withdraw payments, service fees to Gravity Care, and issue refunds to Care Families. You hereby authorize and instruct Escrow to act as escrow agent in connection with the Escrow Accounts and the payment, holding, and receipt of funds for each Engagement and other specified purposes (the “Escrow”) in accordance with the Terms of Service and the applicable Escrow Instructions.

7. PAYMENTS.

a. Service fee.
7.1 Gravity Care charge fees to Family (“Family Fees“) in consideration to connect with a Caregiver of their choice. The Family Fees ranges between 4% to 10% of the booking subtotal and is calculated based on the length of stay or or finally agreed service cost. Families see this fee on the connection checkout page before they book a reservation. This fee is non-refundable. We request Care Families to book service for a longer length of stay to take an advantage of most affordable service cost.

7.2 Escrow charges fees to Family (“Escrow Fees”) for the safety of holding the funds from fraud protection and conduct mitigations when any cancellation of services. Check out how Escrow Calculates the fees, and the fee reduces when the service cost increases. Families see this fee on the Escrow Checkout page before they wire the funds to Escrow.

7.3 Gravity Care charge fees to Care Providers (“Vetting Fees”) in consideration to request a background check with our partner checkr.com directly from our App and receive a substantial discount. The Vetting Fees ranges between 3% to 5% of the background check booking subtotal. This fee is non-refundable.

b. Service Commission.
8.1 Gravity Care charge commission to Care Providers (“Commission“) in consideration to use Gravity Care platform and services. The commission ranges between 20% to 24% of the booking subtotal and is calculated based on the length of service or finally agreed service cost by the Care Families. Care Providers see the Gravity Care commission deduction on the Escrow checkout page before they accept reservation.

c. No fee for installing App or  introducing or for finding engagements.
Company does not introduce Care Providers to Care Families and does not help Care Providers to secure Engagements. Company merely makes the App available to enable Care Providers to do so themselves. Therefore, Company does not charge a fee when a Care Providers finds a suitable Care Family, Care Family finds a suitable Care Provider or finds an Engagement. However, a Care Family and Care Provider are obligated to use the App and Company’s payments service providers to pay and receive payment for their work together if they identified each other through the App. In addition, Company does not charge any fee or dues for posting public feedback and composite or compiled feedback. Company only receives this Service Fee when a Care Family transfer money to the Care Provider escrow account and they cannot be refunded.

Check our Cancellation Policy

8. DISCLAIMERS.

(a). No warranties.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY PROVIDES THE APP SITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APP, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE APP ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE APP, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE APP ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE APP WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APP AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE APP AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(b). Indemnification.
You agree to defend, indemnify and hold COMPANY and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Company, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

9. LIMITATION OF LIABILITY.

COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE APP, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE APP SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH COMPANY. EXCEPT FOR THE ACTUAL CHARGES DESCRIBED IN PARAGRAPH 3(L) ABOVE, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE APP AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE APP, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE APP, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APP, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE APP, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE APP, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE APP, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE APP, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE APP BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. PRIVACY.

Personal data that you provide regarding yourself will be handled in accordance with Company’s Privacy Policy.

11. COPYRIGHT AND TRADEMARKS.

The trademarks, service marks and logos used and displayed on the App are Company’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Company is the copyright owner or authorized licensee of all text and all graphics contained on the Web. All trademarks and service marks of Company that may be referred to on the App are the property of Company. Other parties’ trademarks and service marks that may be referred to on the App are the property of their respective owners. Nothing on the App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company’s trademarks or service marks without Company’s prior written permission. Company aggressively enforces its intellectual property rights. Neither the name of Company nor any of Company other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web or otherwise, without Company’s prior written permission.

12. LOCAL LAWS.

Company makes no representation that content or materials in the App are appropriate or available for use in jurisdictions outside the United States. Access to the App from jurisdictions where such access is illegal is prohibited. If you choose to access the App from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Company Company is not responsible for any violation of law. You agree that the App, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where Company maintains your Account, or, if Company transfers your Account to another location, where Company currently maintains your Account. The App and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in California.

13. NON-TRANSFERABILITY OF GRAVITY CARE ACCOUNT.

User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the App with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Company unless acknowledge by Company in writing. Company has no obligation to provide you with written acknowledgment. Company may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.

14. TERMINATION OF SERVICE.

We may terminate your User Account or right to access secured portions of the App at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the App, to Company, to the business of the App ’s Internet service provider, or to other information providers.

15. CUSTOMER COMMENTS.

We welcome the submission of comments, information or feedback through the App. By submitting information through the App, you agree that the information submitted shall be subject to the Company App Privacy Policy .

16. MISCELLANEOUS.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.