1. Acceptance of Terms

LiveIn Helper provides a platform connecting Hosts (primarily seniors) with Helpers (younger individuals) for household assistance. By using the Service, you agree to these Terms of Use (TOU). If you disagree with any terms, discontinue use immediately.

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

2. Platform Services and Relationships

LiveIn Helper’s Role:

• Facilitates introductions and agreements but does not oversee service delivery or enforce terms.

Host Responsibilities:

• Provide accommodations or payments for agreed services.
• Ensure property compliance with safety and legal standards.

Helper Responsibilities:

• Provide agreed-upon services professionally.
• Independent Contractor Acknowledgment: Helpers acknowledge and agree that they are independent contractors and not employees of either LiveIn Helper or any Host. Helpers are solely responsible for determining the manner and means by which they perform services. Nothing in these Terms creates an employment, agency, joint venture, or partnership relationship between any Helper and LiveIn Helper or any Host. Helpers are responsible for their own tax obligations, including self-employment taxes, and for compliance with all applicable labor laws in their jurisdiction.
• Housing Arrangement Disclaimer: LiveIn Helper does not create, manage, or guarantee any landlord-tenant relationship between Hosts and Helpers. The housing arrangements facilitated through this platform may be subject to state and local landlord-tenant laws, fair housing laws, and other regulations. Both Hosts and Helpers are solely responsible for understanding and complying with all applicable housing laws in their jurisdiction, including but not limited to notice requirements, eviction procedures, habitability standards, and anti-discrimination laws.

3. Background Checks and Insurance Requirements

Background Checks:

• Conducted for Helpers via third-party services. LiveIn Helper reduces risks but does not guarantee complete safety.

Insurance:

• Hosts: Maintain appropriate homeowner’s insurance.
• Helpers: Maintain liability insurance for potential damages or injuries during services.

Coverage Minimums:

• Host: General liability of at least $100,000 per incident
• Helper: General liability of at least $100,000 per incident.

LiveIn Helper facilitates access to preferred insurance providers but does not provide coverage.

Insurance Verification: LiveIn Helper may, but is not obligated to, verify insurance coverage for Hosts and Helpers. Users are responsible for maintaining active, valid insurance coverage at all times while using the platform. Failure to maintain required insurance coverage may result in suspension or termination of the user’s account. LiveIn Helper shall not be held liable for any lapse in coverage by any user.

4. Content Policy

User Responsibility:

• Users are fully responsible for any content they post.
• Grant LiveIn Helper a perpetual, non-exclusive license to use, copy, and distribute posted content.

Liability Disclaimer:

• LiveIn Helper does not pre-screen content or guarantee its accuracy.
• Users may encounter offensive or misleading materials.

External Links:

• LiveIn Helper is not responsible for the content or accuracy of third-party websites linked through the platform.

5. Service Scope and Disputes

Scope of Services:

• LiveIn Helper provides tools for matching, agreements, and background checks but does not manage or oversee services.

Dispute Resolution:

• Hosts and Helpers are responsible for resolving disputes independently.
• LiveIn Helper may provide limited assistance, such as access to documentation.

Liability Disclaimer:

• LiveIn Helper disclaims liability for disputes, non-performance, or service quality issues.

5A. Arbitration and Dispute Resolution

Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in [State/County], unless otherwise agreed by the parties.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against LiveIn Helper.

Small Claims Exception: Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court’s jurisdictional limits.

6. Payments and Fees

• LiveIn Helper processes payments between Hosts and Helpers.
• All fees are non-refundable.
• Users are responsible for compliance with applicable tax laws.

7. Liability Limitations

Host Liability:

• Limited to the maximum payout of their insurance policy for damages caused by Helpers.

Helper Liability:

• Limited to the maximum payout of their insurance policy for damages caused during services.

Platform Disclaimer:

• LiveIn Helper is not responsible for insuring either party or providing liability coverage.

8. Conduct

Prohibited Content:

• Do not post unlawful, harmful, discriminatory, or misleading content.
• Avoid spam, unsolicited advertisements, and viruses.

Prohibited Activities:

• No stalking, harassment, or unauthorized data collection.
• Do not use automated tools to manipulate the platform.

Respect Platform Integrity:

• Avoid actions that disrupt the platform’s performance.

Violations may result in account suspension or termination.

8A. Fair Housing Compliance

All users must comply with the Fair Housing Act and all applicable state and local fair housing laws. Hosts may not discriminate against any Helper on the basis of race, color, national origin, religion, sex, familial status, disability, or any other characteristic protected by applicable law when offering housing accommodations through this platform. LiveIn Helper reserves the right to remove any listing or terminate any account that violates fair housing laws.

9. Privacy and Information Disclosure

Information Use:

• LiveIn Helper may store, preserve, or disclose user data, including email and IP addresses, to protect the platform or comply with legal obligations.

Privacy Policy:

• Personal information is managed according to LiveIn Helper’s Privacy Policy.

Acknowledgment:

• By using the Service, you consent to the outlined data practices.

10. Indemnification

User Responsibility:

• Users indemnify LiveIn Helper and its affiliates against claims arising from:
  • Posted content.
  • Service use.
  • Breaches of the TOU.

Scope of Indemnification:

• Covers legal fees and court costs incurred by LiveIn Helper.

11. Violation of Terms and Liquidated Damages

Reporting Violations:

• Report violations to info@app.liveinhelper.com.

Liquidated Damages:

• Impersonation/Misrepresentation: $1,000 per instance.
• Excessive Access: $100 per day or message beyond limits.
• Unsolicited Emails: $25 per email.
• Content Violations: $100 per post.
• Exploitation of Content: $3,000 per day.

Legal Remedies:

• LiveIn Helper may seek injunctions, specific performance, or additional damages.

12. Termination of Service

LiveIn Helper may terminate accounts for violations of these terms. Immediate action may be taken in critical situations.

13. Modifications to this Agreement

LiveIn Helper reserves the right to amend these terms. Continued use of the Service constitutes acceptance of updated terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration under Section 5A shall be brought exclusively in the federal or state courts located in Hennipen County, Minnesota., and you consent to the personal jurisdiction of such courts.

14.1 User Compliance Obligation: Each user of this platform is solely responsible for understanding and complying with all applicable federal, state, and local laws and regulations relevant to their use of the Service. This includes, but is not limited to, landlord-tenant law, labor and employment law, fair housing law, tax obligations, insurance requirements, background check regulations, domestic worker protections, and any other laws applicable to live-in care or household assistance arrangements in the user’s jurisdiction.

14.2 Platform Limitation: LiveIn Helper operates nationally and does not provide legal advice or guidance specific to any particular state, county, municipality, or locality. These Terms are designed to be general in nature and may not address every legal requirement that applies in a user’s jurisdiction. Where state or local law conflicts with these Terms, the applicable law shall control. Users acknowledge that legal requirements for live-in household arrangements vary significantly by state and locality, including but not limited to: (a) whether the arrangement creates a formal tenancy subject to landlord-tenant law; (b) whether the Helper may be classified as an employee rather than an independent contractor under state law; (c) minimum wage, overtime, and domestic worker protection requirements; (d) required notice periods for termination of a living arrangement; (e) fair housing and anti-discrimination requirements; and (f) licensing, registration, or permit requirements for home-sharing or caregiving.

14.3 State-Specific Resources: LiveIn Helper may, at its discretion, provide links to state-specific legal resources, government agencies, or informational guides for the purpose of helping users identify applicable laws in their jurisdiction. Such resources are provided for informational purposes only and do not constitute legal advice. LiveIn Helper does not guarantee the completeness, accuracy, or timeliness of any third-party resources. Users are strongly encouraged to consult with a licensed attorney in their state before entering into any live-in arrangement through this platform.

14.4 No Liability for State-Specific Compliance: LiveIn Helper shall not be held liable for any user’s failure to comply with applicable state or local laws. Users agree that LiveIn Helper’s provision of a technology platform does not create any obligation on the part of LiveIn Helper to monitor, advise on, or ensure compliance with state-specific legal requirements.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties.

16. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and LiveIn Helper regarding your use of the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

Acknowledgment

By using LiveIn Helper, you agree to these Terms of Service. For questions, contact support@liveinhelper.com.