VILLAGE CARE FAMILY TERMS OF SERVICE
Villagers LLC | joinvillage.care
Last Updated: 6/16/26
PLEASE READ THESE TERMS CAREFULLY BEFORE USING VILLAGE CARE. THESE TERMS CONTAIN A LIMITATION OF LIABILITY CLAUSE, A DISCLAIMER OF WARRANTIES, AND A BINDING ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER. BY USING THE PLATFORM, YOU AGREE TO THESE TERMS.
1. ACCEPTANCE OF TERMS; ELIGIBILITY
1.1 Acceptance.
By accessing or using Village Care (the “Platform”), operated by Villagers LLC, a Texas limited liability company (“Company,” “we,” “us,” or “our”), you (“Parent,” “Family,” “you,” or “your”) agree to be bound by these Family Terms of Service (these “Terms”). If you do not agree to these Terms, do not access or use the Platform.
1.2 Eligibility.
You represent and warrant that you are at least eighteen (18) years of age, are a parent or legal guardian of any child for whom you seek childcare through the Platform, have full legal capacity to enter into these Terms, and are not barred from using the Platform under the laws of the United States, the State of Texas, or any other applicable jurisdiction. Persons under eighteen (18) are not permitted to use the Platform.
1.3 Authority Regarding Minors.
You represent and warrant that you have full legal authority to make childcare decisions and arrangements on behalf of each child you list or arrange care for through the Platform. If parental rights are shared with another individual, you represent that you have authority to act unilaterally with respect to such arrangements or have obtained the consent of the other party with such rights.
2. MODIFICATIONS TO TERMS
We reserve the right to modify these Terms at any time at our sole discretion. We will provide notice of material changes by (a) posting the updated Terms on the Platform, (b) updating the “Last Updated” date above, and (c) providing notice via email or in-Platform notification at least thirty (30) days before the changes take effect for material changes that adversely affect your rights. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform. For non-material changes (e.g., clarifications, typo corrections), advance notice is not required.
3. NATURE OF THE PLATFORM — MARKETPLACE ONLY
3.1 Technology Marketplace.
Village Care is a technology marketplace platform that connects families seeking childcare with independent in-home childcare providers (each, a “Provider”). The Company is a technology service only and is NOT a childcare provider, childcare agency, childcare facility, employer, staffing agency, child placing agency, broker, or fiduciary.
3.2 No Control Over Providers.
The Company does not employ, supervise, direct, train, evaluate, manage, or control any Provider, the manner in which any Provider delivers childcare services, the safety of any Provider’s premises, the quality of any Provider’s services, or any other aspect of any Provider’s business. All Providers on the Platform are independent third parties.
3.3 No Verification.
The Company does not independently conduct, verify, or guarantee background checks, license status, certifications, insurance coverage, training, references, or any other Provider qualifications. Provider information is self-reported, and Providers represent and warrant the accuracy of such information directly to families. The Company makes no representation, warranty, or endorsement, express or implied, regarding any Provider, including but not limited to qualifications, safety, character, fitness, suitability, or compliance with applicable law.
3.4 No Childcare Arrangement Between You and Company.
Any childcare arrangement, agreement, or relationship arising from the Platform is solely between you and the Provider. The Company is not a party to any such arrangement and has no obligation, duty, or responsibility for the performance of any childcare services. The Company has no duty of care to any child receiving services from any Provider.
3.5 No Endorsement.
The Company does not endorse, recommend, or guarantee any Provider listed on the Platform. Provider profiles, reviews, ratings, search rankings, and any algorithmic suggestions are informational only and do not constitute an endorsement or recommendation.
4. YOUR RESPONSIBILITIES AND ACKNOWLEDGMENTS
4.1 Due Diligence.
You acknowledge that selecting a childcare provider is a deeply personal and consequential decision, and you assume sole responsibility for conducting your own due diligence, including without limitation:
(a) Independently verifying the Provider’s license and registration status directly with the Texas Health and Human Services Commission (HHSC), the Texas Department of Family and Protective Services (DFPS), and any other applicable regulatory authority;
(b) Independently verifying that the Provider has obtained all required background checks under Texas law;
(c) Reviewing the Provider’s public inspection records and any history of regulatory violations; (d) Conducting in-person interviews and visiting the Provider’s premises before enrolling a child; (e) Independently obtaining and verifying personal and professional references; (f) Verifying that the Provider maintains adequate liability insurance for childcare operations; and (g) Making your own assessment of whether the Provider is suitable for your child.
4.2 Communication With Provider.
You agree to communicate to your chosen Provider all relevant information about your child’s health, medical conditions, allergies, dietary requirements, behavioral considerations, and any other information necessary for the safe and appropriate care of your child. The Company is not responsible for any failure by you to disclose such information.
4.3 Payment.
You are solely responsible for all payment obligations to the Provider for childcare services. You agree to make all payments through the Platform as part of your continuing use of the services, except as expressly permitted herein.
4.4 Account Security.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account. The Company is not liable for any loss or damage arising from your failure to maintain account security.
4.5 Off-Platform Acknowledgment.
If you arrange or continue any childcare arrangement with a Provider outside of the Platform, you do so at your own risk and without any protection, indemnification, or service from the Company. Off-Platform arrangements are a breach of Section 12.1 of these Terms.
5. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
5.1 No Liability for Provider Conduct.
VILLAGERS LLC AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”) SHALL NOT BE LIABLE FOR ANY INJURY, HARM, ILLNESS, DEATH, ABUSE, NEGLECT, LOSS, DAMAGE, THEFT, OR CLAIM OF ANY KIND, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO CHILDCARE SERVICES PROVIDED BY ANY PROVIDER, THE CONDUCT OR OMISSIONS OF ANY PROVIDER, THE CONDITION OF ANY PROVIDER’S PREMISES, OR ANY INCIDENT OCCURRING WHILE A CHILD IS IN A PROVIDER’S CARE, REGARDLESS OF WHEN DISCOVERED.
5.2 No Consequential Damages.
THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, EMOTIONAL DISTRESS, MENTAL ANGUISH, PAIN AND SUFFERING, OR LOSS OF ENJOYMENT OF LIFE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.3 Liability Cap.
THE TOTAL CUMULATIVE LIABILITY OF THE COMPANY PARTIES TO YOU FOR ANY AND ALL CLAIMS, LOSSES, COSTS, OR DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM, REGARDLESS OF THEORY OF LIABILITY, SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL PLATFORM FEES PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00). THIS CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS BY YOU.
5.4 Texas Limitations.
Nothing in these Terms is intended to limit liability for: (a) gross negligence, willful misconduct, or fraud by the Company; (b) personal injury or death caused by the gross negligence or willful misconduct of the Company; (c) violations of the Texas Deceptive Trade Practices Act not subject to waiver; or (d) any other liability that cannot be limited or excluded under applicable law. Where applicable law does not permit the exclusion or limitation of certain warranties or damages, the Company’s liability shall be limited to the maximum extent permitted by such law.
5.5 Independent Allocation.
Each provision of this Section 5 is intended to be a separate and independent limitation. The invalidity or unenforceability of any one provision shall not affect the validity or enforceability of any other provision.
5.6 Basis of the Bargain.
You acknowledge that the limitations of liability in this Section 5 are an essential basis of the bargain between you and the Company, and that the Company would not provide the Platform without such limitations.
6. ASSUMPTION OF RISK
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY CHILDCARE PROVIDER, WHETHER FOUND THROUGH THE PLATFORM OR OTHERWISE, INVOLVES INHERENT RISKS, INCLUDING WITHOUT LIMITATION RISKS OF PHYSICAL INJURY, ILLNESS, EMOTIONAL HARM, ABUSE, NEGLECT, OR PROPERTY DAMAGE. YOU VOLUNTARILY AND KNOWINGLY ASSUME ALL SUCH RISKS WITH RESPECT TO ANY PROVIDER YOU SELECT, AND YOU AGREE THAT THE COMPANY IS NOT A GUARANTOR, INSURER, OR UNDERWRITER OF ANY ASPECT OF ANY PROVIDER’S SERVICES.
7. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising from or related to: (a) your access to or use of the Platform; (b) your violation of these Terms; (c) your relationship, interactions, or transactions with any Provider; (d) any claim that you misrepresented any information to the Company or to a Provider; (e) any claim brought by or on behalf of any child for whom you arranged care through the Platform, to the maximum extent permitted by applicable law; (f) any tax obligation arising from payments you make to a Provider; or (g) any claim by a third party arising from your use of the Platform. The Company reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify the Company, in which case you agree to cooperate with the Company’s defense.
8. PLATFORM FEES AND PAYMENTS
8.1 Fees.
The Company charges a platform service fee as a percentage of tuition paid through the Platform. The total amount, including any platform fee, is displayed to you at checkout. Fee structures may change with notice as provided in Section 2.
8.2 Payment Processing.
All payments are processed through one or more third-party payment processors selected by the Company. By making a payment through the Platform, you authorize the Company and its payment processor to charge your selected payment method. You agree to the terms of service and privacy policy of any applicable payment processor.
8.3 Refunds and Cancellations.
Refund and cancellation policies are determined by individual Providers and are between you and the Provider. The Company is not responsible for resolving disputes regarding refunds, cancellations, no shows, or service quality between you and any Provider, and the Company has no obligation to provide refunds, credits, or other compensation in connection with any such dispute.
8.4 Chargebacks.
If you initiate a chargeback or payment dispute with your card issuer or bank in violation of these Terms or for amounts properly owed, the Company reserves the right to suspend or terminate your account, recover the disputed amount and any associated fees through any lawful means, and pursue collection of any unpaid amounts.
8.5 Taxes.
You are solely responsible for determining and paying any applicable taxes on amounts paid by you to Providers. The Company is not a tax adviser and makes no representations regarding tax treatment of any payment.
9. PRIVACY AND CHILDREN’S INFORMATION
9.1 Privacy Policy.
Your use of the Platform is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and disclosure of information as described in the Privacy Policy.
9.2 Children’s Information.
The Platform is intended for use by parents and legal guardians (age 18+). Any information you provide about your child or children (including names, ages, photos, medical or dietary information) is collected solely to facilitate childcare arrangements and is subject to our Privacy Policy. The Company complies with applicable provisions of the Children’s Online Privacy Protection Act (“COPPA”) to the extent COPPA
applies. By providing information about a child under 13, you consent, as the parent or legal guardian, to the Company’s collection and use of such information for the purposes described in our Privacy Policy.
9.3 Security.
The Company employs commercially reasonable technical and organizational measures to protect the information you provide. However, no system is impenetrable, and the Company does not warrant that the Platform or your information will be free from unauthorized access. In the event of a security breach affecting your personal information, the Company will provide notice as required by applicable law, including the Texas Identity Theft Enforcement and Protection Act.
10. USER CONTENT; REVIEWS AND RATINGS
10.1 Your Content.
You may submit reviews, ratings, photos, profile information, messages, and other content to the Platform (“User Content”). You represent and warrant that you own or have all necessary rights to submit User Content and that User Content does not violate any third party’s rights or any law.
10.2 License Grant.
You grant the Company a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, publicly display, publicly perform, and create derivative works of your User Content for any purpose related to the operation, promotion, or improvement of the Platform and the Company’s business. This license survives termination of your account.
10.3 Honest Reviews.
Reviews must be honest, accurate, and based on your direct personal experience. The Company reserves the right (but has no obligation) to remove User Content that is false, defamatory, harassing, off-topic, or otherwise violates these Terms or applicable law.
11. SAFETY AND MANDATORY REPORTING
If you become aware of, or suspect, any abuse, neglect, or imminent danger to a child, you are encouraged and, in many cases under Texas law, REQUIRED to report such concerns immediately to (a) law enforcement (911 in an emergency), and (b) the Texas Department of Family and Protective Services Abuse Hotline (1-800-252-5400). You may also notify the Company at the address in Section 18, but notification to the Company does not satisfy your independent obligations under Texas law. The Company’s receipt of such notification does not create any duty on the part of the Company to investigate, intervene, or take any specific action, and the Company’s response or non-response shall not constitute negligence or breach of any duty.
12. PROHIBITED CONDUCT
You agree NOT to:
12.1 Off-Platform Circumvention.
Circumvent or attempt to circumvent the Platform by arranging, transacting, paying, or continuing childcare arrangements with any Provider you met or were introduced to through the Platform outside of the Platform, for so long as the relationship established through the Platform continues, plus a period of twelve (12)
months thereafter. You acknowledge that off-platform circumvention causes significant harm to the Company’s business, and you agree that the Company may seek injunctive relief and recovery of platform fees that would have been earned, in addition to any other available remedies.
12.2 Other Prohibited Acts.
• Provide false, misleading, or inaccurate information in your account or any communication; • Use the Platform for any unlawful purpose or in violation of any applicable law or regulation; • Harass, abuse, threaten, defame, or harm any Provider, other user, or Company personnel; • Use any automated means (e.g., scraping, bots) to access the Platform or extract data; • Reverse engineer, decompile, or disassemble any part of the Platform;
• Use the Platform to compete with the Company or to develop a competing service; • Interfere with the operation of the Platform or any other user’s use of the Platform; or • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
13. ACCOUNT SUSPENSION AND TERMINATION
The Company reserves the right, in its sole discretion and without notice, to suspend, restrict, or terminate your account or access to the Platform, in whole or in part, for any reason or no reason, including without limitation suspected violation of these Terms or applicable law, or any conduct the Company believes may harm the Platform, other users, or the Company. You may terminate your account at any time by contacting the Company. Termination does not relieve you of any payment obligations incurred prior to termination.
14. DISCLAIMER OF WARRANTIES
THE PLATFORM AND ALL RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OF INFORMATION, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, VIRUS-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION OBTAINED FROM THE COMPANY CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
15.1 Informal Resolution.
Before initiating any formal dispute resolution, the parties shall first attempt to resolve any dispute informally by written notice to the other party describing the dispute. The notifying party shall send notice
to the Company at legal@joinvillage.care. The parties shall attempt in good faith to resolve the dispute within thirty (30) days of such notice.
15.2 Binding Arbitration.
IF INFORMAL RESOLUTION IS UNSUCCESSFUL, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR YOUR RELATIONSHIP WITH THE COMPANY (“DISPUTE”) SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THE ARBITRATION SHALL TAKE PLACE IN AUSTIN, TEXAS. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THIS SECTION IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
15.3 Class Action Waiver.
YOU AND THE COMPANY AGREE TO BRING ANY DISPUTE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
15.4 Exceptions.
Notwithstanding the foregoing: (a) either party may bring an individual action in small claims court for disputes within that court’s jurisdiction; (b) either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement of intellectual property rights or breach of confidentiality; and (c) any claim brought by or on behalf of a minor child for personal injury may proceed in court if and to the extent applicable law does not permit such claim to be arbitrated under a parent’s agreement.
15.5 Severability of Arbitration Provisions.
If the class action waiver in Section 15.3 is found unenforceable as to any claim or relief sought, that claim or relief shall be severed and adjudicated in court, but the arbitration provisions shall remain in force for all other claims. If any other portion of this Section 15 is found unenforceable, the remaining portions shall remain in effect.
15.6 Opt-Out.
You may opt out of the arbitration provisions of this Section 15 by sending written notice of your opt-out to legal@joinvillage.care within thirty (30) days of first accepting these Terms. Your opt-out notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
16. GENERAL PROVISIONS
16.1 Governing Law.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Subject to Section 15, the state and federal courts located in Travis County, Texas shall have exclusive jurisdiction over any action arising out of or relating to these Terms.
16.2 Survival.
All provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 5 (Limitation of Liability), 6 (Assumption of Risk), 7 (Indemnification), 9 (Privacy), 10 (User Content), 12.1 (Off-Platform Circumvention), 14 (Disclaimer of Warranties), 15 (Dispute Resolution), and this Section 16.
16.3 Severability.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be made enforceable, severed, and the remaining provisions shall continue in full force and effect. If a provision in Sections 5, 6, 7, or 14 is found unenforceable, it shall be replaced with a provision providing the maximum protection to the Company permitted by law.
16.4 No Waiver.
The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16.5 Assignment.
You may not assign or transfer these Terms or any of your rights or obligations hereunder without the Company’s prior written consent. The Company may freely assign these Terms in connection with a merger, acquisition, sale of assets, financing, or by operation of law.
16.6 Force Majeure.
The Company shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including without limitation acts of God, natural disasters, pandemic or epidemic, war, terrorism, riots, civil unrest, government action, labor disputes, internet or utility outages, or third-party service failures.
16.7 Electronic Communications.
You consent to receive communications from the Company electronically, including by email, in-Platform notification, or text message. You agree that any notice, disclosure, or agreement that the Company provides to you electronically satisfies any legal requirement that such communication be in writing.
16.8 Notice of Claim.
Any claim against the Company arising from or related to these Terms or the Platform must be brought, if at all, within one (1) year after the cause of action accrues, except where a longer period is required by applicable law. Failure to bring a claim within such period constitutes a waiver and bar of such claim.
16.9 Entire Agreement.
These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Platform and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether oral or written.
16.10 Headings.
Section headings are for convenience only and shall not affect the interpretation of these Terms.
16.11 Relationship of Parties.
Nothing in these Terms shall create any agency, partnership, joint venture, employment, or fiduciary relationship between you and the Company.
16.12 No Third-Party Beneficiaries.
Except as expressly provided, nothing in these Terms creates any third-party beneficiary rights.
17. COPYRIGHT AND DMCA
The Company respects intellectual property rights. If you believe that User Content on the Platform infringes your copyright, please send a written notice to the address in Section 18 that includes the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512). The Company may, in appropriate circumstances, terminate the accounts of users who are repeat infringers.
18. CONTACT
For questions about these Terms, to provide notice, or to submit any other communication, contact Villagers LLC at: legal@joinvillage.care.