1. Acceptance of Terms

By downloading, accessing, or using the CALiNGA mobile application, website, or related services (collectively, the “Platform”), including CALiNGA Pro and CALiNGA CareSeeker, you agree to be bound by these Terms of Service (“Terms”) and the CALiNGA Privacy Policy.

If you do not agree to these Terms, you must not access or use the Platform. Continued use constitutes your express acceptance of these Terms.

2. Nature of the Platform

CALiNGA On-Demand Care LLC (“CALiNGA”) operates a software-technology referral platform that enables individuals seeking non-medical or medically related support services (“CareSeekers”) to connect with independent care professionals (“CALiNGApros”), which may include Sitters, CNAs, LVNs, RNs, NPs, and PTs.

CALiNGA is not a staffing agency, home-care provider, healthcare provider, or employer. CALiNGA does not hire, assign, schedule, supervise, train, direct, or control CALiNGApros.

CALiNGA does not make decisions regarding care delivery, medical judgment, clinical oversight, or professional services. All services are arranged directly between CareSeekers and CALiNGApros.

3. Independent Contractor Status

All CALiNGApros are independent contractors, not employees, agents, or representatives of CALiNGA.

Each CALiNGApro is solely responsible for:

• Professional licensing and scope of practice
• Insurance coverage
• Taxes and reporting obligations (including IRS Form 1099 requirements)
• Compliance with applicable laws, including California Labor Code §2777 (referral-agency exemption)

Nothing in these Terms creates an employment, agency, partnership, or joint-venture relationship.

4. The CALiNGA Digital Handshake™

When a CareSeeker and a CALiNGApro connect through the Platform, they enter into the CALiNGA Digital Handshake™, which represents a direct agreement between two independent users.

By participating, users acknowledge that:

• CALiNGA is not a party to the service agreement
• Each user is solely responsible for their commitments and conduct
• CALiNGA’s role is limited to technology, discovery tools, and payment facilitation

5. Eligibility

Users must be at least 18 years old and legally capable of entering binding agreements. Minors may only participate through a verified parent or legal guardian account.

6. Payments, Referral Fees & Dynamic Pricing

Payments between CareSeekers and CALiNGApros are processed through Stripe Connect or another authorized third-party payment processor.

CALiNGA retains a technology referral fee per transaction. The remaining amount is paid directly to the CALiNGApro.

Pricing may adjust dynamically based on service type, location, supply and demand, urgency, holidays, or special events. All pricing is fully disclosed before confirmation.

7. Ratings and Reviews

Users may submit ratings and reviews following completed services. Repeated misconduct or consistently low ratings may result in suspension or removal from the Platform.

CALiNGA does not guarantee the accuracy or completeness of reviews.

8. Cancellations and Refunds

Cancellations made within two (2) hours of a scheduled service may incur partial charges. Refunds and disputes are processed according to the payment processor’s policies.

9. Dispute Resolution & Arbitration

All disputes arising from these Terms or the Platform shall be resolved through binding individual arbitration under the Federal Arbitration Act and the rules of the American Arbitration Association (AAA), conducted in Los Angeles County, California.

Class, collective, or representative actions are waived.

10. Safety, Conduct & Confidentiality

Users must act professionally, lawfully, and respectfully and comply with all applicable safety and nondiscrimination laws.

11. Limitation of Liability

The Platform is provided “as is” and “as available.”

CALiNGA is not liable for:

• Acts or omissions of users
• Injuries, damages, or losses arising from services
• Disputes between users

CALiNGA’s total liability shall not exceed the referral fee collected for the related transaction.

12. Health & Medical Disclaimer

CALiNGA does not provide medical diagnosis, medical treatment, medical advice, or clinical oversight. CALiNGApros operate independently within their own professional scope. Medical questions must be directed to licensed healthcare professionals.

13. Medication & Care Protocols

CALiNGA does not provide medication instructions or medical supervision. CALiNGApros may assist only with pre-sorted, clearly labeled medications as directed by the CareSeeker. CALiNGA assumes no responsibility for medication administration or outcomes.

14. Emergency Protocol

In emergencies, CALiNGApros must immediately call 911 and notify designated emergency contacts. The Platform is not an emergency-response system.

15. Background Checks & Verification

CALiNGApros may be required to complete identity verification or background screening. In California, this may include Live Scan fingerprinting through the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI). Outside California, third-party consumer reporting agencies may be used.

Background checks do not guarantee safety, suitability, or performance. CALiNGA does not store fingerprint data.

16. Continuing Education & Quality Standards

Optional educational modules may be offered to support professional development. Participation does not create employment, supervision, or certification.

17. Insurance

CALiNGA does not provide workers’ compensation, liability, or accident insurance. CALiNGApros are responsible for maintaining their own coverage.

18. Data Security & Privacy

CALiNGA collects only data necessary to operate the Platform and complies with applicable privacy laws, including the California Consumer Privacy Act (CCPA).

Third-party technologies may include Google Maps, Firebase, Twilio, and Stripe. Users may request access to or deletion of their data by contacting info@calingacare.com.

19. Electronic Consent

By selecting “Agree & Continue,” users consent to electronic agreements and communications.

20. Intellectual Property

All Platform content, trademarks, software, and branding are the exclusive property of CALiNGA On-Demand Care LLC. Unauthorized use is prohibited.

21. Feedback

Feedback or suggestions may be used to improve the Platform without compensation.

22. DMCA Policy

CALiNGA complies with the Digital Millennium Copyright Act (DMCA). Notices may be sent to info@calingacare.com.

23. Availability Disclaimer

CALiNGA does not guarantee service availability, caregiver availability, or response times.

24. Fraud & Chargebacks

CALiNGA may withhold or reverse payments in cases of fraud, abuse, or chargebacks.

25. Termination

CALiNGA may suspend or terminate accounts for violations of these Terms or applicable law. Users may request account deletion by contacting info@calingacare.com.

26. Force Majeure

CALiNGA is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, public-health emergencies, government actions, network outages, or third-party service disruptions.

27. Governing Law

These Terms are governed by the laws of the State of California, with venue in Los Angeles County, California.

28. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between users and CALiNGA and supersede all prior understandings.