These Terms of Service ("Terms") constitute a legally binding agreement between you and SoftCare ("SoftCare", "we", "us", or "our"), governing your access to and use of the SoftCare mobile application and website (the "Platform"). By registering an account or using the Platform, you confirm that you have read, understood, and agree to these Terms.
1. The Platform
SoftCare is a two-sided marketplace that facilitates connections between patients seeking home care ("Patients") and licensed caregivers offering home care services ("CareGivers"). SoftCare itself does not provide caregiving or medical services. All caregiving services are provided directly by independent CareGivers who are not employees, agents, or contractors of SoftCare.
SoftCare provides: search and matching tools, booking management, in-session care sheet documentation, encrypted messaging, payment processing, and review systems.
2. Eligibility & Account Registration
- You must be at least 18 years old to create an account.
- You must provide accurate, current, and complete information during registration and keep it up to date.
- You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
- You may not create more than one account, transfer your account, or register on behalf of another person without their explicit consent.
- CareGiver accounts additionally require successful completion of our identity and licence verification process before any bookings can be accepted.
3. Patient Terms
3.1 Booking a CareGiver
When you submit a booking request, you are making a request to a specific CareGiver. The booking is confirmed only when the CareGiver accepts. SoftCare does not guarantee that a CareGiver will accept your request.
3.2 Care Recipients
You may add care recipients to your account (yourself, family members, or individuals in your legal care). You represent that you have the authority and consent to manage bookings on their behalf and to share their medical information with the assigned CareGiver.
3.3 Medical Information
Information provided in care profiles (allergies, conditions, medications) is used to facilitate care. SoftCare is not a medical provider and does not offer medical advice. Always consult a qualified physician for medical decisions.
3.4 Cancellations
Patients may cancel a confirmed booking at no charge if cancelled at least 24 hours before the scheduled start time. Cancellations made less than 24 hours before the start time may incur a late-cancellation fee. No-shows (patient absent for more than 30 minutes after session start) may result in a full session fee.
4. CareGiver Terms
4.1 Independent Contractor Status
CareGivers who use the Platform are independent contractors, not employees of SoftCare. CareGivers are solely responsible for the quality and legality of the care they provide, maintaining valid licences and insurance, complying with applicable professional regulations, and paying their own taxes.
4.2 Verification
CareGivers must successfully complete SoftCare's verification process (government ID, professional licence, and liveness check) before accepting bookings. Verification does not constitute an endorsement of the CareGiver's clinical competence. CareGivers must notify SoftCare immediately if their licence is suspended, revoked, or expires.
4.3 Subscription Plans
CareGivers must maintain an active subscription plan (Basic or Max) to accept bookings. Subscription fees are charged in advance and are non-refundable. See Pricing for current rates. Plan limits (e.g., 20 bookings/month on Basic) reset on the billing anniversary date.
4.4 CareGiver Conduct
CareGivers agree to: arrive on time, complete care sheet documentation accurately and in real time, behave professionally and respectfully at all times, and not solicit patients to book outside the Platform.
5. Bookings & Payments
CareGivers set their own hourly rates. Patients pay the CareGiver's rate for each confirmed session. SoftCare may charge a platform service fee, disclosed at booking checkout. All payments are processed securely through our third-party payment processor. SoftCare subscription fees (Patient Premium and CareGiver plans) are billed monthly, semi-annually, or annually depending on the billing cycle selected. All plan fees are non-refundable.
6. Care Sheet
The live care sheet is a collaborative clinical record created during an active booking. The CareGiver is responsible for the accuracy of all entries. Care sheet data is accessible to the Patient and may be exported by Premium Patients in PDF or JSON format. SoftCare retains care sheet records for 5 years for continuity of care and dispute resolution purposes.
7. SOS & Emergency Features
The SOS button transmits an emergency alert to the Patient's designated emergency contact and to SoftCare's safety team. This feature supplements, but does not replace, local emergency services. In a life-threatening emergency, always call your local emergency number (e.g. 911, 999, 112) first.
8. Prohibited Conduct
You must not:
- Provide false, misleading, or fraudulent information.
- Impersonate any person or entity.
- Use the Platform for any unlawful purpose.
- Harass, abuse, threaten, or discriminate against any user.
- Attempt to circumvent the Platform by soliciting or arranging bookings outside of SoftCare.
- Reverse-engineer, scrape, or copy any part of the Platform.
- Introduce malware, viruses, or other harmful code.
- Post false or manipulated reviews.
- Violate any applicable professional caregiving standards or regulations.
Violations may result in immediate account suspension or termination, and we reserve the right to pursue legal action.
9. Reviews & Ratings
Only Patients who have completed a session may rate a CareGiver. Reviews must be honest, first-hand, and comply with our community standards. SoftCare reserves the right to remove reviews that are false, abusive, or in violation of these Terms.
10. Intellectual Property
All content on the Platform — including the SoftCare name, logo, design, software, and written content — is owned by or licensed to SoftCare and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our written consent.
By submitting content to the Platform (profile text, care sheet notes, reviews), you grant SoftCare a non-exclusive, royalty-free licence to use, display, and store that content for the purpose of operating the Platform.
11. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SOFTCARE DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES. SOFTCARE IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR ACCURACY OF SERVICES PROVIDED BY CAREGIVERS.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOFTCARE'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO SOFTCARE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100. SOFTCARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
13. Indemnification
You agree to indemnify, defend, and hold harmless SoftCare, its directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising from your use of the Platform, your violation of these Terms, or your violation of any third-party rights.
14. Termination
You may delete your account at any time from the app settings. SoftCare may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms, for safety reasons, or as required by law. Upon termination, your right to use the Platform ceases immediately. Outstanding payment obligations survive termination.
15. Governing Law & Disputes
These Terms are governed by the laws of [Jurisdiction]. Any disputes shall first be addressed through our internal dispute resolution process (contact support@softcare.health). If unresolved, disputes shall be submitted to binding arbitration or the competent courts of [Jurisdiction], as applicable.
16. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes via in-app notification or email at least 14 days before they take effect. Your continued use of the Platform after the effective date constitutes acceptance.
17. Contact
Questions about these Terms? Contact us at support@softcare.health or visit our Help Center.