Terms of Service/Use

Important Notice

This Agreement contains a binding arbitration provision and class-action waiver (Section 19). You may opt out within 30 days (instructions at the end).

By using carewinners.com, our mobile apps, or any related services (collectively, the “Platform”), you agree to these Terms of Service.

1. Platform Overview

CareWinners, LLC is a Virginia-based online marketplace that connects independent caregivers (“Care Providers”) with families seeking non-medical in-home care (“Clients”/ “Careseekers” ). We are not a home-care agency, employer, or broker of caregivers. Care Providers are independent contractors who set their own rates and schedules. Clients and Care Providers contract directly with each other.

2. Eligibility

You must be 18+ and a U.S. resident to use the Platform.

3. Independent Relationship & Responsibilities

Care Providers/ Caregivers are not employees, subcontractors, or agents of CareWinners, LLC.

Clients/ Careseekers and Care Providers/ Caregivers are solely responsible for:

• All taxes, withholdings, and reporting (including potential household employer obligations under IRS rules)
• Obtaining and maintaining their own insurance (general liability, workers’ compensation, professional liability, auto, etc.)
• Verifying each other’s identity, qualifications, and suitability
• Compliance with all federal, state, and local laws

CareWinners, LLC does not provide, procure, or pay for any insurance coverage for Clients/ Careseekers or Care Providers/ Caregivers. Any reference in prior versions to insurance via third-party partners is hereby removed.

4. Payments

Payments are processed through Stripe Connect. CareWinners, LLC deducts its platform fee (displayed at checkout) and remits the remainder to the Care Provider/ Caregivers. Clients/ Careseekers remain ultimately responsible for paying Care Providers/ Caregivers even if a payment fails.

5. Background Checks

CareWinners, LLC requires Care Providers/ Caregiver to pass a third-party background check (currently via Checkr) to become visible to Clients/ Careseekers. These checks are limited in scope and are not a guarantee of safety or suitability. Clients/ Careseekers must perform their own due diligence.

6. Prohibited Activities

You may not use the Platform for medical care, transportation in personal vehicles, illegal activities, or any services requiring a professional license.

7. User Content & License

You grant CareWinners, LLC a worldwide, royalty-free license to use, display, and distribute content you upload solely to operate and improve the Platform.

8. Termination

We may suspend or terminate your account at any time for any reason, including violation of these Terms.

9. Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS.” CAREWINNERS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY VIRGINIA LAW, CAREWINNERS, LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY WILL NOT EXCEED THE FEES WE EARNED FROM YOU IN THE 12 MONTHS PRIOR TO THE CLAIM.

11. Indemnification

You agree to indemnify and hold CareWinners, LLC harmless from any claims arising from your use of the Platform, your relationship with any other user, or your violation of law.

12. Governing Law

Virginia law governs this Agreement (without regard to conflict-of-law principles).

13. Arbitration & Class-Action Waiver

Location: Any arbitration will take place in Fairfax County, Virginia, or by video/telephone.

Rules: JAMS Comprehensive Rules (or AAA if JAMS is unavailable).

Class Waiver: All claims must be brought individually.

Opt-Out: Send written notice to arbitration@carewinners.com and 3059 Purple Martin Pl, Herndon, VA 20171 within 30 days of first accepting these Terms.

14. Changes to Terms

We may update these Terms. We will notify you of material changes via email or in-app notice. Continued use constitutes acceptance.

15. Contact