Villagers LLC | joinvillage.care
Last Updated: 6/16/26
PLEASE READ THESE TERMS CAREFULLY BEFORE LISTING YOUR SERVICES ON VILLAGE CARE. THESE TERMS CONTAIN A LIMITATION OF LIABILITY CLAUSE, A DISCLAIMER OF WARRANTIES, A BINDING ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER, AND BROAD INDEMNIFICATION OBLIGATIONS. YOU REPRESENT THAT YOU HOLD ALL REQUIRED LICENSES, REGISTRATIONS, BACKGROUND CHECKS, AND INSURANCE REQUIRED TO PROVIDE CHILDCARE SERVICES IN YOUR JURISDICTION.
1. ACCEPTANCE OF TERMS; ELIGIBILITY
1.1 Acceptance.
By creating an account or listing services on Village Care (the “Platform”), operated by Villagers LLC, a Texas limited liability company (“Company,” “we,” “us,” or “our”), you (“Provider,” “you,” or “your”) agree to be bound by these Provider 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 legally authorized to provide childcare services in your jurisdiction, hold all required state and local licenses, registrations, and permits, have completed all background checks required by applicable law, and are not subject to any restriction, order, or finding by any regulatory authority, court, or law enforcement body that would prohibit or limit your ability to provide childcare services.
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 posting the updated Terms on the Platform, updating the “Last Updated” date above, and providing notice via email or in-Platform notification at least thirty (30) days before material changes adversely affecting your rights take effect. Your continued use of the Platform after the effective date constitutes acceptance. If you do not agree, you must discontinue use of the Platform.
3. NATURE OF THE PLATFORM — MARKETPLACE ONLY
3.1 Technology Marketplace.
Village Care is a technology marketplace that enables independent childcare providers to be discovered by, and connect with, families seeking childcare. The Company is NOT a childcare provider, childcare agency, childcare facility, employer, staffing agency, child-placing agency, broker, or fiduciary. The Company does not provide childcare services.
3.2 No Employment Relationship.
You are an independent third party and not an employee, partner, agent, joint venturer, or franchisee of the Company. Nothing in these Terms shall be construed to create any such relationship. You are solely
responsible for the operation, management, supervision, staffing, safety, regulatory compliance, taxation, and outcome of your childcare services.
3.3 No Supervision or Control.
The Company does not supervise, direct, train, evaluate, or control your childcare operations. The Company does not set your rates, schedule, capacity, curriculum, policies, or standards of care, except that the Company may from time to time establish reasonable Platform-wide policies regarding use of the Platform itself (e.g., communication standards, prohibited content, profile requirements).
4. PROVIDER REPRESENTATIONS, WARRANTIES, AND COVENANTS
As a continuing condition of your use of the Platform, you represent, warrant, and covenant the following throughout your use of the Platform:
4.1 Licensing and Registration.
You hold, and will continuously maintain, all licenses, registrations, certifications, and permits required by federal, state, and local law to provide childcare services in your jurisdiction, including without limitation any registration or licensure required by the Texas Department of Family and Protective Services (“DFPS”) and the Texas Health and Human Services Commission (“HHSC”). You acknowledge that Texas law generally requires registration as a Registered Family Home or licensure as a Licensed Child-Care Home for the for-pay care of certain numbers of unrelated children, and you confirm that you are in full compliance with all such requirements applicable to your operations. Upon request, you will provide the Company with documentation evidencing your licensing status.
4.2 Background Checks.
You have obtained, and will continuously maintain, all background checks required by Texas law for childcare providers, including any required FBI fingerprint-based criminal history checks, central registry checks, and any required checks of all household members and substitute caregivers. You acknowledge that the Company does not conduct, verify, or supplement background checks, and you are solely responsible for compliance with all background check requirements.
4.3 Insurance.
You maintain general liability insurance with minimum coverage of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in aggregate, with appropriate childcare liability coverage. You acknowledge that homeowner’s insurance policies frequently exclude coverage for home-based childcare operations, and you are solely responsible for obtaining and maintaining adequate coverage. Upon request, you will provide the Company with a current Certificate of Insurance naming the Company as an additional insured.
4.4 Compliance With Law.
You will comply with all applicable federal, state, and local laws, regulations, ordinances, and rules governing childcare, including without limitation DFPS minimum standards, HHSC requirements, food safety, fire safety, sanitation, mandatory reporting of suspected abuse or neglect under Texas Family Code Chapter 261, and all applicable tax laws.
4.5 Accuracy of Information.
All information you provide to the Company and post on your Platform profile is true, accurate, complete, and not misleading. You will promptly update such information to reflect any changes, including without limitation changes in licensing status, capacity, services offered, household composition, criminal history, regulatory actions, or insurance coverage.
4.6 Safety and Care.
You are solely responsible for the health, safety, supervision, nutrition, and well-being of every child in your care. You will provide care that meets or exceeds the standards required by applicable law and the reasonable expectations of a prudent licensed childcare provider.
4.7 Incident Reporting to the Company.
In addition to any reports required by law, you will notify the Company in writing at legal@joinvillage.care within twenty-four (24) hours of: (a) any injury to a child in your care requiring medical attention; (b) any allegation of abuse, neglect, or improper care; (c) any inspection, investigation, complaint, citation, or enforcement action by any regulatory agency; (d) any suspension, revocation, denial, or non-renewal of any license or registration; (e) any criminal arrest, charge, or conviction of you or any household member; (f) any material change in your insurance coverage; or (g) any other event that could reasonably affect your fitness to provide childcare or your ability to perform under these Terms.
4.8 Continuing Nature.
Each representation and warranty in this Section 4 is a continuing representation and warranty made every day you use the Platform. A breach of any representation or warranty constitutes a material breach of these Terms.
5. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
5.1 No Liability for Provider Operations.
VILLAGERS LLC AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (THE “COMPANY PARTIES”) SHALL NOT BE LIABLE FOR ANY INJURY, HARM, ILLNESS, DEATH, ABUSE, NEGLECT, LOSS, DAMAGE, THEFT, REGULATORY ACTION, OR CLAIM OF ANY KIND ARISING FROM OR RELATED TO YOUR CHILDCARE SERVICES, YOUR OPERATION, ANY INCIDENT OCCURRING AT YOUR PREMISES OR UNDER YOUR SUPERVISION, OR ANY ACT OR OMISSION OF YOU, YOUR EMPLOYEES, HOUSEHOLD MEMBERS, SUBSTITUTE CAREGIVERS, OR INVITEES.
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 BUSINESS OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA, OR LOSS OF REPUTATION, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, AND EVEN IF 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 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 THE COMPANY RECEIVED IN CONNECTION WITH YOUR SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100.00).
5.4 Texas Limitations.
Nothing in these Terms is intended to limit liability for: (a) gross negligence, willful misconduct, or fraud by the Company; or (b) any other liability that cannot be limited or excluded under applicable law. Where applicable law does not permit certain limitations, the Company’s liability shall be limited to the maximum extent permitted by 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 any other provision.
5.6 Basis of the Bargain.
You acknowledge that the limitations in this Section 5 are an essential basis of the bargain between you and the Company, and that the Company would not provide access to the Platform without such limitations.
6. 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 childcare services or operations, including any acts or omissions of you, your employees, household members, substitute caregivers, or invitees;
(b) Any injury, harm, illness, death, abuse, neglect, or damage to any child, parent, family member, third party, or property arising from or related to your childcare activities or premises;
(c) Your breach of these Terms or any representation, warranty, or covenant herein; (d) Your violation of any applicable law, regulation, or order;
(e) Any inaccuracy, omission, or misrepresentation in your Provider profile or any communication with the Company or any user;
(f) Any claim by a regulatory authority (including DFPS or HHSC) arising from or related to your operations or compliance status;
(g) Any claim by a current or former employee, household member, contractor, or substitute caregiver of yours;
(h) Any tax obligation arising from your services or compensation received;
(i) Any allegation that you are an employee of the Company or that the Company is jointly liable with you; and
(j) Any third-party claim arising from or related to 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. You agree to cooperate with the Company’s defense. You may not settle any claim without the Company’s prior written consent.
7. INSURANCE
7.1 Provider Insurance.
In addition to the representations in Section 4.3, you agree to maintain insurance appropriate for your operations and to provide proof of insurance upon the Company’s reasonable request. Failure to maintain required insurance constitutes a material breach of these Terms.
7.2 Optional Third-Party Insurance Products.
The Company may, from time to time, offer access to insurance products provided by third-party insurers. Any such offering is optional. The Company is not an insurance broker, agent, underwriter, or adviser, makes no representation or warranty regarding the adequacy or suitability of any third-party insurance product, and shall have no liability with respect to any such product. The decision to obtain insurance and the selection of insurance coverage is solely your responsibility.
8. BACKGROUND CHECKS AND LICENSING
You acknowledge and agree that: (a) the Company does not conduct, verify, or guarantee any background check; (b) the Company relies entirely on your self-representation regarding licensing, registration, and background check status; (c) the Company is not responsible for verifying the accuracy of any such representation; (d) you are solely responsible for compliance with all applicable background check and licensing requirements; and (e) the Company may, at its discretion and without obligation, perform spot checks or seek documentation, but any such action shall not create any duty or obligation on the part of the Company.
9. PLATFORM FEES AND PAYMENTS
9.1 Fee Structure.
The Company charges a platform service fee to families as a percentage of tuition paid through the Platform. The Company’s fee is currently not charged to Providers, but the Company reserves the right to introduce or modify Provider-side fees in the future upon notice as provided in Section 2.
9.2 Payment Processing.
Payments from families are processed through a third-party payment processor selected by the Company. The Company will remit to you the portion of tuition payable to you, less applicable fees, in accordance with the Platform’s payment schedule. You authorize the Company to collect tuition on your behalf and to remit your portion in accordance with these Terms.
9.3 Disputes and Chargebacks.
In the event of a chargeback, payment dispute, or refund initiated by a family, you authorize the Company to recover from amounts otherwise payable to you any amount disputed, refunded, charged back, or otherwise
reversed, plus any associated fees. The Company is not responsible for resolving disputes between you and any family regarding payment, refunds, or cancellations.
9.4 Taxes.
You are solely responsible for determining, withholding, reporting, and paying all federal, state, and local taxes on income earned through the Platform, including self-employment taxes. The Company will issue any required Form 1099 or other tax reporting in accordance with applicable law. The Company is not your tax adviser.
10. PROFILE AND USER CONTENT
10.1 Your Content.
You may submit profile information, photos of your facility, descriptions of your services, 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 rights or any law. You will not submit photos containing identifiable images of children without verifiable parental or guardian consent.
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 Reviews of You.
Families may post reviews and ratings of your services. The Company is not responsible for the content of any review and is not liable for any harm to your reputation arising from a review, except for reviews the Company posts itself. The Company reserves the right, but has no obligation, to remove reviews that violate these Terms or applicable law.
11. PROHIBITED CONDUCT
11.1 Off-Platform Circumvention.
You agree NOT to circumvent the Platform by arranging, transacting, accepting payment, or continuing childcare arrangements with any family met through the Platform outside of the Platform, for so long as the relationship continues, plus a period of twelve (12) months thereafter (“Off-Platform Activity”). You acknowledge that Off-Platform Activity causes direct and substantial harm to the Company. As liquidated damages and not as a penalty, for each instance of Off-Platform Activity, you agree to pay the Company an amount equal to twelve (12) months of the platform fees the Company would have earned had the arrangement been conducted through the Platform, based on the rates last used between you and the family. The parties acknowledge that actual damages from such conduct are difficult to ascertain and that this liquidated damages provision represents a reasonable estimate of such damages. The Company may also seek injunctive relief and any other available remedy.
11.2 Other Prohibited Acts.
You agree not to:
• Provide false, misleading, or inaccurate information in your profile, communications, or representations to the Company or any user;
• Operate without all required licenses, registrations, certifications, or background checks;
• Provide childcare services beyond the capacity or scope permitted by your license, registration, or insurance;
• Use the Platform for any unlawful purpose;
• Harass, abuse, threaten, defame, or harm any family, child, other user, or Company personnel; • Solicit business for purposes unrelated to childcare services through the Platform; • Use any automated means 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 develop a competing service; • Interfere with the operation of the Platform; or
• Impersonate any person or entity or misrepresent your credentials or affiliation.
12. ACCOUNT SUSPENSION AND TERMINATION
12.1 By the Company.
The Company reserves the right, in its sole discretion and effective immediately upon notice (or without notice in cases involving suspected harm to a child or violation of law), to suspend, restrict, or terminate your account or access to the Platform, in whole or in part, for any reason, including without limitation: (a) any allegation of abuse, neglect, or improper care; (b) any regulatory action or loss of licensing; (c) any breach of these Terms or any representation, warranty, or covenant herein; (d) any conduct the Company believes may pose a risk to children, families, the Platform, or the Company; (e) any chargeback, fraud, or payment dispute; or (f) any other reason in the Company’s sole discretion. The Company is under no obligation to investigate any allegation prior to suspending or terminating an account.
12.2 By You.
You may terminate your account at any time by contacting the Company in writing at legal@joinvillage.care. Termination does not relieve you of any obligation accrued prior to termination, including ongoing childcare commitments to families.
12.3 Effect of Termination.
Upon termination, your right to access the Platform ceases immediately. Sections that by their nature should survive termination shall survive, including without limitation provisions regarding indemnification, limitation of liability, dispute resolution, off-platform circumvention restrictions, intellectual property, and confidentiality.
13. CONFIDENTIALITY
You agree to hold in confidence and not disclose to any third party any non-public information of the Company or of any family using the Platform that you learn through use of the Platform, including without limitation contact information, payment information, child information, health information, family
circumstances, the Company’s business operations, fee structures, and strategic plans. This obligation survives termination of these Terms.
14. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT ANY SPECIFIC NUMBER OF BOOKINGS, LEVEL OF DEMAND, REVENUE, OR OTHER COMMERCIAL OUTCOME. THE COMPANY DOES NOT WARRANT THE CHARACTER, SUITABILITY, OR HONESTY OF ANY FAMILY. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
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. Notice to the Company shall be sent to legal@joinvillage.care. The parties shall attempt in good faith to resolve the dispute within thirty (30) days.
15.2 Binding Arbitration.
IF INFORMAL RESOLUTION IS UNSUCCESSFUL, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL 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 infringement of intellectual property rights, breach of confidentiality, or violation of the off platform circumvention provisions; and (c) the Company may pursue collection of liquidated damages under Section 11.1 in any court of competent jurisdiction.
15.5 Severability of Arbitration Provisions.
If the class action waiver is found unenforceable as to any claim, that claim shall be severed and adjudicated in court, but the arbitration provisions shall remain in force for all other claims.
16. GENERAL PROVISIONS
16.1 Governing Law.
These Terms shall be governed by 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.
16.2 Survival.
All provisions that by their nature should survive termination shall survive, including without limitation Sections 4, 5, 6, 7, 10, 11.1, 13, 14, 15, and this Section 16.
16.3 Severability.
If any provision is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if not, severed, with the remaining provisions continuing in full force and effect. Any provision in Sections 5, 6, 7, 11.1, or 14 found unenforceable 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 shall not constitute a waiver.
16.5 Assignment.
You may not assign or transfer these Terms without the Company’s prior written consent. The Company may freely assign 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 acts of God, natural disasters, pandemic, war, terrorism, 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. Electronic notices satisfy 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 must be brought within one (1) year after the cause of action accrues, except where a longer period is required by law.
16.9 Entire Agreement.
These Terms, together with the Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and the Company regarding the Platform.
16.10 Headings.
Section headings are for convenience only and shall not affect interpretation.
16.11 No Third-Party Beneficiaries.
Except as expressly provided, nothing in these Terms creates any third-party beneficiary rights, except that families using the Platform are intended third-party beneficiaries of your representations, warranties, and covenants in Section 4 to the extent necessary to enforce safety and licensing obligations.
17. CONTACT
For questions about these Terms or to provide notice, contact Villagers LLC at: legal@joinvillage.care. Page 10 of 10