Terms of Service

1 Nature of the Service

CareJan operates as a Domestic Referral Agency (DRA) as defined under California Civil Code Section 1812.5095. CareJan provides a technology platform that connects families seeking in-home care with independent caregivers.

CareJan does not provide care services directly. All care is provided by independent caregivers or through the In-Home Supportive Services (IHSS) program. CareJan makes no representations or warranties regarding the quality, safety, or legality of the care provided.

2 Employment Relationship and AB5 Compliance

For private-pay arrangements facilitated through CareJan:

• Families are the employers of the caregivers they hire through the platform.
• As the employer, families are responsible for compliance with all applicable employment laws, including but not limited to: payroll taxes, workers' compensation insurance, wage and hour requirements, and meal/rest break obligations.
• CareJan does not withhold taxes, provide benefits, or assume any employer obligations on behalf of families or caregivers.
• This structure complies with California Assembly Bill 5 (AB5) and the applicable exemptions for domestic workers.

3 IHSS Services

CareJan helps IHSS recipients find and connect with IHSS caregivers. This matching service is and will always remain 100% free for both IHSS recipients and caregivers.

4 IHSS Timesheet Tool

5 Platform Fees

CareJan's fee structure is as follows:

Platform fees for private-pay bookings are deducted from each transaction. The exact fee percentage will be clearly displayed before you confirm a booking. CareJan reserves the right to adjust fee percentages with 30 days' notice to users.

6 Prohibited Conduct

You agree not to:

• Share medical diagnoses or detailed medical information on the platform. CareJan is not a healthcare platform and is not equipped to handle Protected Health Information (PHI). Use general care need categories only.
• Provide false, misleading, or fraudulent information in your profile or communications.
• Use the Service for any unlawful purpose or in violation of any applicable laws.
• Harass, abuse, threaten, or intimidate other users.
• Circumvent the platform to avoid paying applicable service fees.
• Attempt to gain unauthorized access to any part of the Service.
• Use automated means (bots, scrapers) to access the Service.
• Impersonate another person or entity.

7 Account Termination

CareJan reserves the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine, in our sole discretion:

• Violates these Terms or any applicable law
• Is harmful to other users, third parties, or the business interests of CareJan
• Involves fraudulent, abusive, or illegal activity
• Involves sharing of medical diagnoses or PHI on the platform

You may terminate your account at any time by contacting us at support@carejan.com. Upon termination, your right to use the Service will immediately cease. Any outstanding payment obligations will survive termination.

8 Payments and Dispute Resolution

All payments for private-pay bookings are processed through Stripe. By using the payment features of the Service, you also agree to Stripe's terms of service.

Payment disputes:

• If a dispute arises between a caregiver and a family regarding payment, both parties should first attempt to resolve the matter directly.
• If direct resolution is not possible, either party may contact CareJan at support@carejan.com to request mediation.
• CareJan will review the dispute and may, at its sole discretion, issue refunds, adjust payments, or take other action it deems appropriate.
• CareJan's decision on payment disputes is final.
• Chargebacks initiated without first attempting resolution through CareJan may result in account suspension.

9 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• CareJan provides the Service on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied.
• CareJan shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service.
• CareJan's total aggregate liability to you for all claims arising out of or related to the Service shall not exceed the total amount of fees paid by you to CareJan in the twelve (12) months preceding the claim.
• CareJan is not liable for the actions, omissions, or conduct of any user, caregiver, or care recipient on or off the platform.
• CareJan does not conduct background checks and makes no guarantees regarding the identity, qualifications, or suitability of any caregiver.

10 Indemnification

You agree to indemnify, defend, and hold harmless CareJan LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your violation of these Terms, or your violation of any rights of another person or entity.

11 Governing Law

12 Changes to These Terms

CareJan reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms within the app and updating the "Last Updated" date above. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

13 Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and CareJan regarding the Service.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14 Contact Us

If you have any questions about these Terms of Service, please contact us: