Terms of Service
Effective: March 27, 2025
PLEASE READ CAREFULLY. Section 17 contains a binding arbitration agreement and class action waiver and Section 19 includes an additional class action waiver that affect how disputes are resolved.
1. Acceptance of Terms; Changes
These Terms of Service (“Terms”) are a binding agreement between you and KobiCare, owned and operated by Protreon Inc., a Florida corporation (“KobiCare,” “we,” “us,” or “our”). These Terms govern your access to and use of KobiCare’s websites, mobile apps, tools, and services that help families/owners (“Clients”) and independent caregivers (“Caregivers”) find each other, communicate, and arrange caregiving services—including childcare, elder companion care (non-medical), household help, and pet-care services (collectively, the “KobiCare Service”).
By creating an account, clicking “Agree,” or using the KobiCare Service, you accept these Terms and our incorporated policies (including our KobiCare Protect terms, Reservation Protection, Privacy Policy, Trust & Safety rules, and other policies we publish). If you do not agree, do not use the KobiCare Service.
We may update these Terms from time to time. Unless the change is required by law to take effect sooner, changes are effective when posted in the KobiCare Service. Your continued use after changes are posted means you accept the updated Terms.
2. The KobiCare Service
2.1 What we provide
KobiCare offers a marketplace platform—web and mobile apps—with messaging, booking, scheduling, in-app payments, GPS features (e.g., walk/activity tracking for pets), educational materials, emergency escalation resources, and customer support. Some features may require a paid plan or transaction fees (see Section 9).
2.2 We are not a care provider or employer
KobiCare is a neutral venue. We do not employ Caregivers, provide caregiving, supervise care, or control how Caregivers perform services. Caregivers decide, in their sole discretion, whether and how to offer services. Except where we explicitly say otherwise, we do not direct, manage, endorse, or guarantee any Caregiver or Client.
2.3 Your risk; release
Interactions and services are arranged and performed at your own risk. To the maximum extent allowed by law, you release KobiCare from claims, losses, or damages related to interactions with other users and services performed, whether online or offline, subject to Section 16. Any financial obligations KobiCare may have are limited to the reimbursements expressly described in KobiCare Protect (if applicable).
2.4 Transactions occur between Clients and Caregivers
The KobiCare Service facilitates discovery, communication, booking, and payment, but the service contract is between Client and Caregiver. Except as stated in Reservation Protection and KobiCare Protect, KobiCare is not responsible for outcomes of services or disputes between users.
2.5 Bookings
A “Booking” is formed in-app when a Client and a Caregiver agree to service details (dates/times, scope, price, cancellation terms, location, pets/children covered, etc.). If you initiate a Booking request as a Client, you agree to pay upon acceptance. If you accept a Booking as a Caregiver, you agree to perform as described. Each party may decline requests for any lawful reason. After confirmation, the parties are bound to the terms shown in the Booking screen and confirmation.
2.6 Client due diligence
Clients are solely responsible for evaluating Caregivers, including interviews/meet-and-greets, checking references, and reviewing profiles and reviews. Screening features we offer (e.g., optional Checkr background checks or identity verifications) are limited and not a substitute for your own judgment.
2.7 Abandonment; re-homing; late pick-ups
If a pet is not retrieved as agreed, or a child is not picked up as scheduled, the Client authorizes the Caregiver and/or KobiCare to take reasonable steps to secure safety, which may include contacting emergency contacts, local authorities, veterinarians, or alternate caregivers. Client is responsible for all related costs and additional service charges. KobiCare may, in its discretion, arrange temporary care or removal when necessary for safety. You authorize release of relevant veterinary or emergency information to facilitate such actions.
2.8 Emergencies
We recommend Clients provide current emergency contact details and care instructions. Caregivers agree to promptly contact the Client in an emergency or, if the Client is unavailable, contact KobiCare support or emergency services as appropriate. Clients authorize Caregivers, the listed emergency contact, and KobiCare to obtain necessary urgent care for a child, elder, household member, or pet in their care; Clients agree to pay all related costs and authorize charges to their payment method. Users should maintain adequate insurance; limited reimbursement may be available under KobiCare Protect if expressly stated there.
2.9 Third-party consultations
KobiCare may offer access to third-party informational consultations (e.g., veterinary or parenting guidance). Such consultations are educational only and not a substitute for professional medical/veterinary advice, diagnosis, or treatment. Any disputes about third-party services are between you and that provider.
2.10 Maps & location features
Use of maps and location features (e.g., GPS walk tracking) may rely on Google Maps or similar services and their terms and acceptable use policies. Your use signifies your agreement to those third-party terms.
3. Compliance With Laws
By using the KobiCare Service, you certify that you are at least 18 and will comply with all laws and regulations that apply to your activities.
- Clients: You will follow applicable laws regarding supervision, child safety, mandated reporting, pet licensing/vaccinations, household safety (e.g., car seats, pool gates), and any required insurance.
- Caregivers: You are solely responsible for determining and maintaining all licenses, permits, registrations, tax filings, right-to-work authorization, and compliance with childcare/pet-care rules in your jurisdiction (e.g., ratio limits, leash/waste rules, breed/animal restrictions). You agree to follow all applicable health and safety laws and KobiCare’s Trust & Safety policies.
KobiCare is entitled to rely on these certifications and is not responsible for ensuring any user’s compliance.
4. Using KobiCare; Suspension
4.1 Conduct rules
You agree to:
- Use the Service lawfully and for its intended purposes only.
- Refrain from arranging care for prohibited animals or illegal activities (e.g., inherently dangerous wildlife, banned species, or services illegal in your area).
- Not upload malware, attempt to scrape, interfere, or circumvent security.
- Not solicit or complete off-platform payments for services discovered on KobiCare.
- Not post false, misleading, harassing, pornographic, defamatory, or infringing content.
- Post only reviews based on your direct, recent experience.
- Use only your own account; do not share credentials or create duplicate/fake accounts.
- Respect our promotional credits rules and avoid self-dealing or abuse.
- Avoid requesting sensitive data from other users (e.g., bank info, SSN) in chat.
We provide tools to block/report users and content. We may remove content or suspend/deactivate accounts that violate these Terms or applicable law.
4.2 Suspension/termination
We may modify, suspend, or discontinue parts or all of the Service at any time. We may suspend or terminate your access for unsafe, dishonest, or inappropriate conduct or violations of these Terms or law. You may deactivate your account in Account Settings. Any outstanding payment obligations survive termination.
5. Registration & Account Security
You agree to provide accurate, current information; keep it updated; maintain one account; protect your credentials; and promptly notify us of unauthorized use. You are responsible for all activity under your account.
6. Privacy
Our Privacy Policy describes how we collect, use, and share information. By using KobiCare, you acknowledge it.
7. Your Content
7.1 Content you submit
You may upload text, images, videos, reviews, profile info, and other materials (“Your Content”).
7.2 License
Except for limits in our Privacy Policy, you grant KobiCare a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license (with sublicense rights) to use, host, reproduce, modify, create derivatives, publish, display, and distribute Your Content to operate, improve, and promote the Service.
7.3 Publicity release
If Your Content includes your or your dependents’/pets’ name, image, voice, or likeness, you waive and release claims arising from our permitted uses under Section 7.2.
7.4 Your promises
You represent and warrant you own or have permissions for Your Content; have consents for people or pets shown; and Your Content complies with law and these Terms.
7.5 Our enforcement
We may (but are not obligated to) monitor, edit, or remove Your Content. We may not keep copies. Keep your own backups.
7.6 Reviews
Reviews may be public or shared per law and our Privacy Policy. We may remove reviews that violate these Terms. We are not obligated to show you reviews about you.
8. Phone, Text & Mobile Communications (U.S.)
8.1 Consent
You consent to receive service, account, and promotional communications via email, SMS/text, automated calls, app notifications, or messaging platforms at the contacts you provide. Carrier rates may apply. You can opt out of promotional messages as described in our Privacy Policy; you may still receive essential service messages.
8.2 Number changes
If you change or deactivate a phone number, update your account to avoid messages to the new holder.
9. Fees & Payments
9.1 Currency
All amounts are shown and payable in your local currency unless otherwise stated.
9.2 Client fees
When you confirm a Booking, you authorize payment of the total shown, which includes the Caregiver’s rate and KobiCare service fees/taxes where applicable.
9.3 Caregiver payouts
We (directly or through payment processors) collect from Clients at Booking and—absent a payment hold—initiate payout ~48 hours after the booked service period ends. Caregivers agree to the price in the Booking and to applicable KobiCare fees.
9.4 Service fees
KobiCare may charge Clients and/or Caregivers service fees (e.g., a percentage of the booking price, plan fees for premium features, or per-transaction fees). We may charge a non-refundable profile review fee to Caregivers during onboarding.
9.5 Late fees & additional charges
If a Client is late for pickup/return, additional time may be billed at the agreed rate (pro-rated as applicable), plus documented reasonable expenses (e.g., extra supplies, emergency boarding).
9.6 Cancellations & refunds
- Reservation Protection. If a Caregiver cancels near the start of a Booking, we’ll help the Client find a comparable replacement subject to availability and published criteria.
- Caregiver cancellation. If a Caregiver cancels before or during service, we’ll refund the Client for unprovided services and KobiCare service fees. Repeated unexcused cancellations may lead to deactivation.
- Client cancellation. Refunds follow the cancellation policy the Caregiver selected for that Booking and shown before purchase.
- How to cancel. Use the in-app cancellation flow; the cancellation date/time is when it’s completed in-app.
- Disputes & off-platform payments. After payouts are released, any remaining payment disputes are between Client and Caregiver. KobiCare is not responsible for any tips or payments made outside the platform.
- Discretionary refunds. If a Caregiver materially fails to perform, we may issue a full or partial refund at our reasonable discretion.
9.7 Payment holds
We may place a hold on payouts if we suspect fraud, chargeback risk, policy violations, or to protect users’ or third-party rights.
9.8 Authorization to charge
You authorize KobiCare and its processors to charge your payment method(s) for all amounts you owe when due and to use backup methods on file if primary methods fail. Except as expressly stated, all fees are non-refundable.
9.9 Taxes
You are responsible for any taxes arising from services you purchase or provide. We may collect and remit taxes where required and may request tax forms or IDs. Failure to provide required tax information may result in suspended payouts or account access.
9.10 Payment processing
Payments may be processed by third parties (e.g., Stripe) and are subject to their terms. If you receive payouts, you may need to open and maintain a connected account with the processor. In the U.S., to the extent permitted by law, you appoint KobiCare as your limited payment collection agent for receiving payments from Clients on your behalf; receipt by KobiCare is deemed receipt by you.
10. Background Checks & Identity Verification
KobiCare may offer or require identity verification and background checks (e.g., via Checkr) for certain roles or in certain locations. These are performed by third parties; KobiCare does not create, verify, or warrant the data. Depth and availability vary by jurisdiction and may omit certain records by law. You consent to the collection, use, and sharing of information for such checks and agree the results may impact your access to the Service. Background checks do not replace your own diligence.
11. Copyright
We follow the DMCA. If you believe your copyrighted work was infringed on the KobiCare Service, send a notice with: (a) work identified; (b) location/URL of infringing material; (c) your contact info; (d) a good-faith statement of unauthorized use; (e) a statement under penalty of perjury that your notice is accurate and you are the owner/agent; and (f) your physical/electronic signature.
Contact: KobiCare (Protreon Inc.) — DMCA Notices, [legal@kobicare.com]
(replace with your legal inbox) or the postal address we list on our website.
12. Third-Party Services & Links
The Service relies on third-party providers (payments, maps, identity checks, messaging). We are not responsible for their availability, content, or services. Links do not imply endorsement. Your use is at your own risk and subject to third-party terms.
13. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold KobiCare harmless from claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) your use of the Service; (b) your interactions and transactions with other users; (c) your breach of these Terms or applicable law; (d) Your Content; (e) injury or damage to third parties caused by your pet(s) or during care you perform; or (f) your misuse of background check information. We may assume exclusive defense and control; you will cooperate as reasonably requested.
14. Intellectual Property
14.1 Platform IP
KobiCare and its licensors own the Service, software, content, and all related IP rights. Except for limited rights to use the Service under these Terms, no rights are granted. We may use any feedback you provide without obligation.
14.2 Marks
“KobiCare,” “KobiCare Protect,” our logos, and other brand indicators are KobiCare trademarks. With our written permission and while in good standing, Caregivers may use approved brand assets solely as instructed. All goodwill inures to KobiCare. We may revoke permission at any time.
15. Warranty Disclaimer
THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, KOBICARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND SECURITY. WE DO NOT WARRANT ANY PARTICULAR CAREGIVER, CLIENT, OUTCOME, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
16. Limitation of Liability
16.1 Exclusion of damages
TO THE FULLEST EXTENT PERMITTED BY LAW, KOBICARE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS/REVENUE; LOSS OF DATA/GOODWILL; OR SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
16.2 Cap
EXCEPT WHERE PROHIBITED BY LAW, KOBICARE’S TOTAL LIABILITY RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED (A) THE AMOUNTS YOU PAID TO KOBICARE (EXCLUDING AMOUNTS PAID TO CAREGIVERS) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) $100 USD, IF YOU HAVE NOT PAID KOBICARE.
16.3 User conduct
KOBICARE IS NOT RESPONSIBLE FOR THE CONDUCT OF USERS OR THIRD PARTIES, ONLINE OR OFFLINE. IF YOU HAVE A DISPUTE WITH ANOTHER USER, YOU RELEASE KOBICARE FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND ARISING OUT OF OR RELATED TO SUCH DISPUTES, SUBJECT TO KobiCare Protect AS EXPRESSLY STATED THEREIN.
17. Arbitration Agreement (U.S. — Florida Governing Law)
PLEASE READ—THIS AFFECTS YOUR RIGHTS. Except for Excluded Claims (defined below), you and KobiCare agree to resolve any dispute or claim arising out of or relating to the Service or these Terms by binding individual arbitration, not in court, under the Federal Arbitration Act and Florida law.
- Excluded Claims: (i) small-claims matters within jurisdictional limits; (ii) claims for injunctive or equitable relief regarding IP misuse or platform security; and (iii) claims that cannot be compelled to arbitration as a matter of law.
- Pre-arbitration notice: Before filing, the complaining party must send a written notice describing the dispute and requested relief to legal@kobicare.com (or our postal legal address). If unresolved after 30 days, either party may commence arbitration.
- Rules & forum: Arbitration will be administered by JAMS under its Streamlined Rules and Consumer Minimum Standards (as applicable) or, if JAMS is unavailable, by the AAA under its Consumer Rules. The arbitrator will apply Florida law and provide a reasoned written award. Venue will be the Florida county of your residence or another location mutually agreed.
- Class waiver: No class, collective, or representative actions in arbitration. The arbitrator may award relief only to the individual party.
- Fees: Arbitration filing/admin/arbitrator fees are governed by the applicable consumer rules. Each party pays its own attorneys’ fees unless law provides otherwise or the arbitrator finds a claim frivolous.
- Confidentiality: Proceedings and awards are confidential to the extent permitted by law.
- Severability: If the class waiver is found unenforceable as to a particular claim, that claim will proceed in court; the remainder will proceed in arbitration.
Opt-out: You may opt out of arbitration and the class waiver by mailing a personally signed notice to KobiCare (Protreon Inc.), Attn: Legal — Arbitration Opt-Out, at our posted mailing address within 30 days of first accepting these Terms. If you opt out, disputes will be resolved per Section 18.
18. Governing Law; Venue (U.S.)
These Terms and any dispute between you and KobiCare are governed by the laws of the State of Florida, without regard to conflict rules, and applicable U.S. federal law. Subject to Section 17, the exclusive venue for claims that must be litigated in court is the state or federal courts located in Orange County, Florida, and you consent to personal jurisdiction there.
(If you operate KobiCare within the EEA/UK, add the appropriate consumer dispute and governing law clauses here.)
19. Class Action Waiver (Courts)
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. A COURT MAY AWARD RELIEF ONLY AS NECESSARY TO REMEDY THE INDIVIDUAL CLAIM.
20. Force Majeure
We are not liable for delays or failures due to events beyond our reasonable control, including acts of God, natural disasters, public health emergencies, war, terrorism, civil unrest, labor disputes, utility or internet failures, or government actions. In such cases, KobiCare may provide refunds or credits that differ from the selected cancellation policy.
21. Miscellaneous
These Terms do not create a partnership, joint venture, or employment relationship. Caregivers remain independent contractors responsible for their own taxes, insurance, tools, and compliance. If any provision is unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder will stay in effect. These Terms bind and benefit permitted successors and assigns. Provisions that by their nature should survive (e.g., payments due, disclaimers, limitations, arbitration, IP, indemnities) survive termination. We may assign these Terms without notice; you may not assign without our written consent.