Welcome to the BubbieCare Support Service! This Caregiver Terms of Service (the "Agreement") governs your access to and use of the BubbieCare Service Network. By accessing and using this Support Service, you agree to the following terms. If you do not agree with these terms, please do not access or use the Support Service.
You acknowledge that you are seeking to connect with private households ("Families") for the purpose of being directly hired as a household employee to provide care services.
1. Nature of the Service
BubbieCare provides a Support Service that acts strictly as a connection and administrative resource. BubbieCare is not a home health agency, not an employer, and not a staffing agency.
- The Service Connection: BubbieCare's role is limited to providing a Support Service where you can view available job posts and Families can connect with direct-hire caregivers.
- No Employment Relationship: Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between you and BubbieCare. You are never an employee of BubbieCare, and BubbieCare does not provide workers' compensation, health insurance, or tax withholding out of its own funds.
2. Direct-Hire Household Employment & BubbieCare's Non-Employer Status
To maintain the absolute legal distinction between the Support Service and your direct-hire relationship with a Family, the following conditions apply:
- W-2 Household Employee Status: You acknowledge that you will be hired directly by the Family as a household employee. The Family (not BubbieCare) is solely legally responsible for your employment, including issuing your W-2 and handling all applicable employer taxes.
- Control of Work: As your household employer, the Family directs your daily work, your schedule, and the specific methods used to care for the client. BubbieCare does not supervise, direct, evaluate, or control any aspect of the care you provide.
- Negotiation of Terms: You and the Family are solely responsible for mutually agreeing upon the hourly rate, duties, and schedule prior to your employment.
- Equipment and Supplies: You will coordinate directly with the Family for any necessary household supplies. BubbieCare does not provide uniforms, equipment, or medical supplies.
- No Exclusivity: You are free to utilize other services or seek employment with other families, agencies, or businesses outside of the BubbieCare Support Service at any time.
3. Payroll Processing & Payment Liability
Following your direct hire by a Family, BubbieCare provides an administrative payroll and tax management software service utilized by the Family to facilitate your weekly payments.
- Administrative Role Only: BubbieCare acts solely as a third-party payroll processor. We are not your employer and do not guarantee your wages.
- Family Funding Requirement: Our ability to process and distribute your weekly payroll is strictly dependent upon the Family successfully setting up their payroll account and maintaining sufficient funds to cover your wages and associated taxes.
- No Liability for Unpaid Wages: Under no circumstances is BubbieCare responsible or liable for paying your wages. If a Family fails to complete the payroll setup, lacks sufficient funds, or otherwise fails to authorize payment, BubbieCare will not issue payments on their behalf. Any disputes regarding unpaid wages, hours worked, or late payments must be resolved directly between you and the Family as your direct employer.
4. Support Service Approval & Participation Standards
To use the BubbieCare Support Service, you must qualify and be approved by us. We reserve the right to accept or reject caregivers at our sole discretion, without providing any reason. To maintain the integrity of the Support Service, you must adhere to the following standards:
- Information Integrity: You agree to provide truthful, accurate, and complete information when submitting your caregiver profile, and to update your information as needed.
- Confidentiality: You are responsible for maintaining the confidentiality of any login credentials or administrative information related to your caregiver profile.
- Administrative Compliance: You agree to use the Service Network tools as intended to facilitate connections with Families and to comply with the administrative protocols of the Support Service.
- Legal Compliance: You acknowledge that you are responsible for maintaining any state or local certifications, licenses, or legal requirements necessary to work as a direct-hire caregiver in your jurisdiction.
5. Acceptable Use of the Service Network
You agree to use the Support Service responsibly and legally. You may not:
- Use the Service Network to engage in any activity that violates any laws, infringes on the rights of others, or is harmful, abusive, or offensive.
- Distribute spam, chain letters, or other unsolicited communications through the Service Network.
- Collect or store personal information about other users without their explicit consent.
- Attempt to interfere with the proper functioning of the Service Network or circumvent any security measures.
6. Caregiver Content & Intellectual Property
- Your Content: You are solely responsible for any content that you upload, publish, or otherwise make available on the Service Network. You retain ownership of this content.
- License to BubbieCare: You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, copy, modify, distribute, and display your content within the Service Network and for the promotion of the Support Service. You represent and warrant that you have all necessary rights to upload and publish such content.
- BubbieCare's Intellectual Property: The Support Service and its entire contents, features, and functionality are owned by us or our licensors and are protected by intellectual property laws. You may not use any trademarks, logos, or other proprietary information of BubbieCare without our prior written consent.
7. Access and Deactivation
BubbieCare provides access to job posts at its sole discretion. Because BubbieCare is not an employer, it does not engage in "disciplinary action." Instead, BubbieCare protects the Service Network:
- Voluntary Deactivation: You may deactivate your account and participation at any time.
- Deactivation by BubbieCare: We may deactivate your account to the Support Service at any time, without notice, if your actions jeopardize the reputation, legal safety, or operational viability of the Service Network.
- Reasons for Deactivation Include but not limited to:
- Threats to the Service Model: Any action attempting to create an employment relationship with BubbieCare, such as requesting supervision, or asking BubbieCare to mediate employment or wage disputes with a Family.
- Administrative Fraud: Providing false credentials, falsifying identity documentation, or misrepresenting professional history.
- Brand Reputation: Conduct that brings public disrepute to BubbieCare or compromises network trust and safety standards.
- Technical Misuse: Bypassing administrative tools or utilizing the network for purposes other than connecting with Families for care.
- Effect of Deactivation: Upon deactivation your access to the Support Service for the purpose of receiving job posts will be immediately terminated.
8. Background Checks & Privacy
You acknowledge that BubbieCare does not conduct background checks for Families, nor does it store background check data for the purpose of distribution.
- Caregiver Ownership: Any background check reports you possess are your personal, private property.
- Family Requests: Whether you choose to share your background information with a potential Family is a private matter to be decided between you and the Family during your direct-hire negotiations. BubbieCare will never mandate, facilitate, or oversee the sharing of this private documentation.
9. Disclaimers and Limitations of Liability
- "As Is" Service: The Support Service is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the Service Network or its contents.
- No Liability for User Actions: We are not liable for any damages arising from your use of the Support Service or from any content posted by other users or Families.
- Limitation of Damages: We are not liable for any indirect, incidental, special, or consequential damages arising from your use of the Service Network.
10. Indemnification
You agree to indemnify and hold BubbieCare harmless from any claims, damages, losses, or expenses arising from your use of the Support Service, your employment with any Family, or from any content that you upload, publish, or otherwise make available on the Service Network.
11. Fees
Participating in the BubbieCare Support Service is free at this time, but we reserve the right to charge administrative or access fees in the future. Any such fees will be disclosed in advance, and you will have the opportunity to accept or decline them prior to being charged.
12. Governing Law and Jurisdiction
These terms of service are governed by the laws of Texas, without regard to its conflict of law provisions. Any dispute arising from your use of the Support Service will be resolved exclusively in the courts of Texas.
13. Changes to Terms of Service
We reserve the right to change these terms at any time without notice. Your continued use of the Support Service following any changes to the terms constitutes your acceptance of such changes.