Terms and Conditions

Last updated April 11, 2025

Agreement to Our Legal Terms

We are HeySitters (“Company,” “we,” “us,” “our”), operating the website https://heysitters.com (the “Site”), the mobile application HeySitters (the “App”), and any related products and services that refer or link to these legal terms (collectively, the “Services”).

You can contact us by email at [email protected].

These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and HeySitters, concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agree to be bound by these Legal Terms. IF YOU DO NOT AGREE WITH THESE LEGAL TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

We will notify you of changes to these Legal Terms via email to [email protected] or by posting updates on the Site or App. Changes become effective upon notification or posting. By continuing to use the Services after such changes, you agree to the modified terms.

The Services are intended for users who are at least 19 years old, aligning with childcare responsibilities in Canada and the USA. Persons under 19 are not permitted to use or register for the Services.

We recommend printing or saving a copy of these Legal Terms for your records.

1. Our Services

HeySitters provides a platform for sitters and families to connect for childcare services. We are not an employer, employment agency, or referral service. Any agreements or arrangements made between sitters and families are solely between those parties, and HeySitters is not a party to such agreements.

The Services are not intended for distribution or use in jurisdictions where such use would violate laws or require registration. Users accessing the Services from other locations are responsible for compliance with local laws. The Services are not designed to comply with industry-specific regulations such as HIPAA or FISMA. If your interactions are subject to such laws, you may not use the Services.

2. Intellectual Property Rights

Our Intellectual Property

We own or license all intellectual property rights in the Services, including source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (collectively, “Content”), as well as trademarks, service marks, and logos (“Marks”). These are protected by copyright, trademark, and other laws in Canada, the USA, and internationally.

Your Use of Our Services

Subject to these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print Content for personal or internal business purposes only. No part of the Services, Content, or Marks may be copied, reproduced, or exploited commercially without our express written permission. Requests for such use should be sent to [email protected].

Your Submissions

By submitting feedback or suggestions (“Submissions”), you assign us all intellectual property rights in such Submissions. We may use them for any lawful purpose without compensation. You are responsible for ensuring Submissions comply with these Legal Terms and applicable laws.

3. User Representations

By using the Services, you represent and warrant that:

1. All registration information and content you submit, including your profile and Contributions, is true, accurate, current, and complete, and you will maintain its accuracy. You acknowledge that the accuracy, currency, and completeness of your information are essential for the effective functioning of the Services.

2. You have the legal capacity to agree to these Legal Terms.

3. You are at least 19 years old.

4. If registering as a sitter, you are legally entitled to work in Canada or the USA and will comply with all applicable employment and tax laws.

5. You will not access the Services through automated or non-human means (e.g., bots, scripts).

6. You will not use the Services for illegal or unauthorized purposes.

7. Your use will not violate any applicable laws or regulations.

Providing false, inaccurate, or incomplete information may result in account suspension or termination.

4. User Registration

Registration may be required to use the Services. You agree to keep your password confidential and are responsible for all account activity. We may remove or change usernames deemed inappropriate or objectionable.

5. Purchases and Payment

We accept payments via Mastercard, Visa, and American Express, processed securely through Stripe. You agree to provide accurate payment information and update it as needed. Users in Canada will be charged in Canadian dollars (CAD), and users in the United States will be charged in U.S. dollars (USD). Sales tax may apply as required by law, and prices may change at our discretion.

We may refuse or limit orders, including those appearing to be from dealers or resellers. We may correct pricing errors even after payment is requested or received. All payments are subject to our Payment and Refund Policy.

6. Subscriptions

Free Subscriptions

If you use a free subscription, you may cease using the Services and request removal of your profile at any time via your account settings or by contacting [email protected].

Paid Subscriptions

HeySitters offers premium features through paid subscriptions:

– Monthly Subscription: Billed every 30 days.

– 3-Month Subscription: Billed every 90 days.

– 6-Month Subscription: Billed every 180 days.

Subscriptions run for the period chosen during the subscription process (the “Subscription Period”) and renew automatically unless canceled before the renewal date. You authorize recurring charges to your payment method without prior approval until cancellation. Charges are in CAD for Canada and USD for the USA.

Cancellation

Cancel your paid subscription anytime via your account settings or by emailing [email protected]. Cancellation takes effect at the end of the current Subscription Period, and no partial refunds are issued for unused time. For subscriptions purchased via the HeySitters Android or iOS app, you must cancel through your Google Play or Apple App Store account, as outlined below:

– Android App: Cancel via Google Play (see Google Support instructions).

– iOS App: Cancel via iPhone subscriptions menu (see Apple Support instructions).

HeySitters cannot cancel app-based subscriptions directly.

Fee Changes

We may adjust subscription fees, notifying you in advance per applicable law.

Refunds and Cooling-Off

Subscriptions are non-refunded, except in cases of duplicate charges, verified technical issues preventing access to paid features, or fraudulent/unauthorized transactions, as outlined in our Payment and Refund Policy. Refund requests must be submitted within 7 days of the charge. No cooling-off or reflection period applies, as the Services are provided immediately upon subscription with your consent.

7. Prohibited Activities

You may not use the Services for purposes other than connecting sitters and families. Prohibited activities include:

– Systematically retrieving data without permission.

– Attempting to trick or defraud users or us.

– Interfering with security features.

– Harassing, abusing, or harming others.

– Using the Services inconsistently with laws.

– Uploading viruses or disruptive material.

– Engaging in unauthorized automated use (e.g., bots).

– Impersonating others or using their accounts.

– Selling or transferring your profile.

– Advertising goods or services without approval.

8. User-Generated Contributions

The Services may allow you to post content, such as profiles, reviews, or messages (“Contributions”). Contributions may be viewable by other users or third parties, and you acknowledge that other users may use your Contributions. You agree that HeySitters has no influence over compliance with these Terms by other users or third parties.

You represent and warrant that:

1. Your Contributions do not infringe on proprietary rights (e.g., copyright, trademark).

2. You own or have rights to use your Contributions.

3. You have written consent from identifiable individuals in your Contributions, and you can provide proof of such consent upon request in case of a dispute.

4. Your Contributions are true, accurate, current, and complete, and you acknowledge their accuracy is critical to the Services’ functionality.

Prohibited Content: You may not post Contributions that:

a. Are discriminatory regarding appearance, race, religion, gender, culture, or descent, or are otherwise injurious or inappropriate, as determined by HeySitters.

b. Incite violence, harassment, exploitation, or abuse, constitute illegal activity, or further illegal activities.

c. Are contrary to good manners, good taste, or are violent, in HeySitters’ opinion.

d. Request personal details of minors, share others’ personal details without consent, or include your personal contact details (e.g., phone, email).

e. Contain viruses, Trojan horses, worms, bots, or other programs that could damage, disable, or circumvent security of the Services or HeySitters’ systems.

f. Are based on falsehoods, misleading, assume a false identity, or falsely suggest a connection to HeySitters.

g. Involve chain letters, junk mail, spam, or requests for passwords/other personal details for commercial or illegal purposes.

h. Infringe on HeySitters’ or third-party rights, including intellectual property or privacy rights.

i. Conflict with these Terms, the Privacy Policy, applicable laws, or could damage HeySitters’ interests or reputation.

HeySitters reserves the right, in its sole discretion, to shorten, alter, reject, or remove Contributions that violate these Terms or are deemed inappropriate, without liability or obligation to compensate you.

Reporting Infringements: If you believe any Contribution infringes your rights or those of another user or third party, you must immediately notify HeySitters by emailing [email protected] with details of the infringement (e.g., content description, location, rights affected).

9. Contribution License

By posting Contributions, you grant HeySitters a non-exclusive, royalty-free, worldwide license to use, reproduce, display, perform, and distribute them solely for operating and providing the Services. You retain ownership of your Contributions, and we are not liable for statements in them. You agree to exonerate us from responsibility for your Contributions.

10. Disclaimer of Verification

HeySitters does not perform background checks or verify user information, including profiles, credentials, references, or other Contributions. Users are solely responsible for conducting due diligence and verifying the background, qualifications, or suitability of individuals they engage through the Services. HeySitters does not endorse, guarantee, or assume responsibility for the accuracy, completeness, or lawfulness of user Contributions, including reviews, nor does it influence how other users or third parties comply with these Terms regarding such content. We disclaim all liability for Contributions’ content and use.

HeySitters does not provide insurance coverage for incidents, accidents, or damages during services arranged through the Platform. Users are recommended to maintain appropriate insurance coverage.

11. Mobile Application License

Use License

We grant you a revocable, non-exclusive, non-transferable license to install and use the App on devices you own, subject to these Legal Terms. You may not decompile, modify, or use the App for unauthorized purposes.

Apple and Android Devices

For Apps from the Apple Store or Google Play, the license is limited to devices using iOS or Android, per the App Distributor’s terms. We provide maintenance as required, but App Distributors have no support obligations. Refunds and cancellations for app-based subscriptions follow the App Distributor’s policies and must be managed through your Google Play or Apple App Store account, as detailed in Section 6 (Subscriptions).

12. Social Media

You may link your account to third-party accounts (e.g., social media). You represent that you are entitled to share login information or grant access without breaching third-party terms. We may access and store content from these accounts for use in the Services, subject to your privacy settings. You can disable connections anytime via account settings.

We do not review third-party content and are not responsible for it. Your relationship with third-party providers is governed by their terms.

13. Services Management

We may monitor the Services for violations, take legal action against violators, remove inappropriate Contributions, or disable burdensome content, all at our discretion, to protect our rights and ensure proper functioning.

14. Privacy Policy

Our Privacy Policy, available at https://heysitters.com/privacy-policy, governs data collection and use and is incorporated into these Legal Terms. The Services are hosted in Canada and the USA. By using the Services, you consent to data transfer and processing in these countries, subject to applicable laws.

15. Term and Termination

These Legal Terms remain in effect while you use the Services. We may deny access, suspend, or terminate your account without notice or liability for any reason, including breaches of these Terms or applicable law, such as unauthorized chargebacks (see Payment and Refund Policy).

Upon termination or dissolution of this agreement, whether by you or us:

– Your right to use the Services and access paid features ends immediately.

– No refunds will be provided for services already delivered or Subscription Periods completed prior to termination, and any outstanding payment obligations for delivered services remain due and payable immediately.

– HeySitters will remove your profile promptly, unless otherwise required by law. We retain the right to use your Contributions as per Section 9 (Contribution License). Upon your request to [email protected], we will remove or anonymize your Contributions, though we are not obligated to deliver or convert any content post-termination.

If your account is terminated, you may not create a new account under any name. We may pursue legal action for violations.

16. Modifications and Interruptions

We may modify or discontinue the Services without notice. We are not liable for any loss or inconvenience due to interruptions, delays, or errors caused by maintenance, hardware issues, or other factors.

17. Governing Law

These Legal Terms are governed by the laws of Ontario, Canada. You consent to the exclusive jurisdiction of Ontario courts for disputes not subject to arbitration, as outlined below.

18. Dispute Resolution

Informal Negotiations

To resolve disputes, controversies, or claims (“Disputes”), we agree to negotiate informally for at least 30 days before initiating arbitration, starting with written notice. This includes billing disputes, which should first be addressed via [email protected].

Binding Arbitration

Disputes not resolved informally will be resolved by binding arbitration under the rules of the ADR Institute of Canada, conducted in Toronto, Ontario, in English, with one arbitrator. The governing law is Ontario, Canada. Arbitration is limited to individual Disputes, with no class actions permitted.

Exceptions

Disputes involving intellectual property rights, theft, privacy invasion, or injunctive relief are not subject to arbitration and will be resolved in Ontario courts.

19. Corrections

We may correct errors or inaccuracies in the Services (e.g., pricing, descriptions) without notice.

20. Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF CONTENT OR LINKED SITES. WE ARE NOT LIABLE FOR:

1. Errors or inaccuracies in Content.

2. Personal injury or property damage from Service use.

3. Unauthorized access to our servers.

4. Interruptions or cessation of Services.

5. Viruses or harmful material transmitted by third parties.

6. Losses from Content use.

We do not endorse third-party products or services and are not responsible for transactions with them. Users should exercise caution and judgment.

21. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS ARE NOT LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES (E.G., LOST PROFITS, DATA LOSS) FROM SERVICE USE, EVEN IF ADVISED OF SUCH POSSIBILITIES. OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID US IN THE SIX MONTHS PRIOR TO THE CAUSE OF ACTION. SOME JURISDICTIONS MAY NOT ALLOW THESE LIMITATIONS, SO CERTAIN RIGHTS MAY APPLY.

22. Indemnification

You agree to defend, indemnify, and hold us harmless, including our affiliates and personnel, from and against any claims, damages, liabilities, or costs (including reasonable attorneys’ fees) arising from:

1. Your use of the Services.

2. Breach of these Legal Terms, including any failure to provide accurate or complete information.

3. Violation of third-party rights, including intellectual property, privacy, or publicity rights.

4. Any illegal or unlawful actions, including the posting of unlawful Contributions.

5. Harmful acts toward other users or third parties with whom you connected via the Services.

6. Third-party claims alleging that your use of the Services, including placement of Contributions, is unlawful.

We may assume control of any matter requiring indemnification, at your expense, and you agree to cooperate with our defense. We will use reasonable efforts to notify you of such claims upon becoming aware.

23. User Data

We maintain data you transmit to manage the Services. You are responsible for your data, and we perform regular backups but are not liable for data loss or corruption. You waive claims against us for such issues.

24. Electronic Communications, Transactions, and Signatures

Using the Services, sending emails, or completing forms constitutes electronic communication. You consent to receive electronic notices, which satisfy legal requirements for written communication. You agree to electronic signatures and records, waiving requirements for non-electronic formats.

25. SMS Text Messaging

Opting Out

Reply “STOP” to any SMS to opt out. You will receive a confirmation message.

Message and Data Rates

Standard rates may apply, per your carrier’s plan.

Support

Email [email protected] for SMS-related questions.

26. California Users and Residents

For unresolved complaints, contact the Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs, at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210 or (916) 445-1254.

27. Miscellaneous

These Legal Terms, along with posted policies, form the entire agreement between you and us. Our failure to enforce a provision is not a waiver. We may assign our rights and obligations. We are not liable for delays or failures beyond our control. If any provision is unenforceable, it is severable without affecting the rest. No joint venture, partnership, or agency relationship exists between us. Users are responsible for their tax obligations related to payments through the Services.

28. Contact Us

For complaints or inquiries, contact:

HeySitters

Email: [email protected]