Please read these terms and conditions carefully. By accessing the platform, booking services, or clicking "i agree," you acknowledge that you have read, understood, and agree to be legally bound by this entire agreement, including the binding arbitration clause and class action waiver in section 9.
If you do not agree to these terms, do not use the platform or book services.
For purposes of these Terms and Conditions (the "Agreement"), the following definitions shall apply. Capitalized terms not otherwise defined herein shall be interpreted according to their customary meaning within the childcare and consumer services industries in the State of California.
Mother’s Helper LLC operates exclusively as a referral and administrative platform. Its sole functions are to:
The Company does NOT provide Services itself.
It does not employ, supervise, direct, train (beyond basic platform orientation), or control Helpers in the performance of Services. The Company does not guarantee the quality, suitability, safety, or performance of any Helper or Service.
Helpers are independent businesses solely responsible for the manner and means of their service delivery. The Company does not warrant or monitor the outcome of Services and disclaims responsibility for the conduct or performance of any individual Helper.
The Services available through the Platform are strictly non-medical, non-therapeutic, and non-licensed. Helpers are not licensed medical providers, therapists, behavioral specialists, registered nurses, or licensed childcare providers under California law unless they independently hold such licenses and arrange services requiring such licenses outside the scope of this Platform.
Unless expressly authorized in a separate written agreement signed by an officer of Mother’s Helper LLC, Helpers may NOT:
Client agrees not to request or permit Helpers to perform prohibited tasks. Doing so is a material breach of this Agreement, may result in immediate termination of Services and Platform access without refund, and shifts all associated liability to the Client.
Disclaimer Regarding TrustLine and Licensed Care
Mother’s Helper LLC is not a licensed childcare provider and is not registered with California TrustLine. The Platform is a referral and administrative service and does not supervise, employ, or license Helpers. Clients who require state-licensed care are responsible for verifying licensing or regulatory status independently.
Subject to the exclusions in Section 2.2, permitted Services coordinated via the Platform may include:
Excluded Services include, but are not limited to:
Deep cleaning, heavy lifting, specialized medical or therapeutic care, managing complex behavioral issues, pet grooming, outdoor maintenance, and anything requiring specialized training or licensing not independently held by the Helper and arranged outside this Platform.
All Service Appointments are subject to Helper availability and acceptance. Mother’s Helper LLC does not guarantee that any specific Helper, time slot, schedule, or Client request will be accepted or fulfilled. Appointments may be declined, reassigned, or canceled at the Company’s or Helper’s discretion. Recurring appointments are coordinated for convenience but are not guaranteed. The Company or Helper may substitute a Helper or reschedule/cancel a Service Appointment due to illness, availability changes, or other factors without liability, providing notice where feasible.
Client expressly acknowledges, understands, and agrees that all Helpers are Independent Contractors, not employees, agents, partners, or representatives of Mother’s Helper LLC. Helpers operate as independent businesses providing services through the Platform.
As independent businesses, Helpers:
The Company’s role is limited to referral and administration. The Company does not provide performance evaluations, training (beyond basic platform orientation), uniforms, or detailed work instructions regarding how Services are performed.
To the fullest extent permitted by California law, Client expressly waives any claim or argument that a Helper is an employee or joint employee of the Company based on laws including, but not limited to, California Labor Code § 2750.3 (AB5), the Dynamex decision, or any related statutes, regulations, or common law principles.
Client understands that the Company’s facilitation of scheduling and payment processing does not constitute control over the essential means and manner of the Helper’s work.
The language in this Agreement is intended to reflect the independent contractor framework set forth in the Company’s agreements with Helpers. Clients understand that the Platform facilitates connections between Clients and separately contracted independent service providers, and that nothing in this Agreement modifies or expands the Company’s relationship with Helpers as defined by applicable service provider agreements.
To use the Platform or book Services, Clients must:
By accessing or using the Platform, the Client represents and warrants that they meet these eligibility requirements. The Company reserves the right to deny or revoke access to any individual who does not meet these criteria.
Clients may be required to create an account, submit a booking request, or provide personal information including:
Clients agree to provide accurate, current, and complete information and to update such information as needed to maintain accuracy. This includes information regarding the number and ages of children receiving care, household conditions, and any special logistical or care needs.
The Company is not liable for:
Clients are solely responsible for:
The Company is not responsible for unauthorized access, use, or charges resulting from the Client’s failure to safeguard their account credentials or devices. Clients agree to notify the Company immediately in writing if they suspect unauthorized use of their account or payment method.
The Platform may only be used for lawful purposes related to booking and receiving Services as defined in this Agreement. Clients may not:
This clause is intended solely to protect the Company’s legitimate interest in its referral and administrative infrastructure and is not intended to restrict lawful employment under California law. Violation constitutes a material breach and may result in:
Clients agree to treat all Helpers with:
Prohibited conduct includes, but is not limited to:
Violations of this section may result in:
To ensure Helper safety and allow proper matching, Clients must disclose, prior to each Service Appointment, the presence of:
Failure to disclose any such risks or conditions constitutes a material breach of this Agreement and may result in:
Clients agree that full and accurate household disclosure is an essential condition of using the Platform.
Clients may be required to confirm these disclosures through a separate prompt or checklist during the booking process. Providing false or incomplete responses may result in termination of Services.
Failure to provide full and accurate disclosure of any material household risk constitutes a material breach of this Agreement and shall automatically trigger the Client’s indemnification obligations under Section 7. The Company shall have no responsibility for any harm, complaint, injury, or regulatory action arising from undisclosed risks or dangerous conditions.
Service Appointments may be scheduled through the Platform using one of the following methods:
All Service Appointment bookings are considered requests and are subject to:
The Company reserves the right to decline, cancel, or reschedule any booking at its sole discretion, with or without notice.
All payments are processed securely via Square or another approved third-party payment processor (collectively, "Third-Party Processors").
By booking Services, the Client:
The Company is not responsible for:
Charges are applied as follows:
Clients authorize the Company to process these charges automatically without additional confirmation or notice, unless otherwise agreed in writing.
By using the Platform, Clients authorize the Company to charge their payment method for:
Clients agree to update the Company immediately if:
The standard hourly rate for Services is $36.00 USD per hour, billed in full-hour increments unless otherwise stated during the booking process.
Additional fees may apply in the following cases:
The Company reserves the right to modify the standard rate or any additional fees. Changes will be communicated via the Platform or email where feasible, and will apply prospectively to future bookings only. Updated rates will not apply retroactively to previously confirmed bookings.
Cancellation terms are as follows:
The Company reserves the right to waive or adjust cancellation fees in cases of documented emergency or at its sole discretion.
If a Client is dissatisfied with a Service Appointment, the Company may, in its sole discretion, offer to assign a replacement Helper at no additional charge for a future booking. Refunds or service credits are not guaranteed and are evaluated on a case-by-case basis.
Refunds may be considered only in limited circumstances, such as:
Refunds, if issued, may be processed as a Platform Credit or returned to the original payment method, at the Company’s discretion.
Refunds will not be issued based on:
All refund and credit decisions are final and non-precedential. Repeated refund requests or chargeback threats may result in account deactivation.
Any billing dispute must be submitted in writing within five (5) calendar days of the charge appearing on the Client’s billing statement.
The Company will:
Clients who initiate a credit card chargeback without first notifying the Company and following the dispute process may have their account suspended or permanently deactivated.
The Company reserves the right to pursue collection of disputed amounts and may recover:
Clients agree not to initiate a credit card chargeback unless they have first submitted a written dispute to the Company and allowed a good-faith resolution period of at least five (5) business days.
Clients are solely responsible for providing and maintaining a safe, sanitary, and lawful environment at the premises where Services are performed.
This includes, but is not limited to:
To protect Helpers and support safe service delivery, Clients must disclose, prior to each Service Appointment, the presence of any of the following at the service location:
Failure to disclose any of the above is a material breach of this Agreement and may result in:
Failure to disclose any of the above shall be deemed a material breach of this Agreement and shall automatically trigger the Client’s indemnification obligations under Section 7. Clients assume full responsibility for any incident, injury, or legal exposure resulting from incomplete or false disclosure.
Clients must treat all Helpers with:
The following conduct is strictly prohibited:
Violations may result in:
Clients are solely responsible for the health, safety, and supervision of any minors in the household receiving Services. Helpers:Are not licensed childcare providers (unless explicitly stated and booked separately)
The Company does not provide medical oversight and is not liable for:
Clients must disclose all pets in the household prior to booking and ensure:
Helpers have the right to:
The Client may still be charged for time spent or scheduled time if the appointment cannot proceed due to pet-related safety issues.
While the Platform does not provide emergency or crisis response services, Helpers may, in their sole discretion, choose to take reasonable action if they encounter:
In such cases, Helpers may choose to:
Helpers are not required to respond to emergencies and are not mandated reporters unless required by their own professional licensure or separate legal obligation outside the scope of this Agreement. The Company does not provide emergency training, reporting protocols, or supervision of Helper responses in crisis situations and assumes no responsibility for the decisions or actions of Helpers under such circumstances.
The Company may provide general safety reminders or best practices but does not monitor Helper compliance with such guidance.
Mother’s Helper LLC reserves the right to decline, cancel, suspend, or terminate:
This may occur for reasons including, but not limited to:
Termination may occur without notice and without refund, at the Company’s sole discretion. The Company is not required to explain or justify termination decisions.
Mother’s Helper LLC makes no guarantees regarding the outcome, satisfaction, or quality of any Service Appointment. All Services are provided as-is, and individual experiences may vary based on:
Use of the Platform and the Services coordinated through it is entirely at the Client’s own risk.
The Company operates solely as a referral and administrative platform. It does not:
Conduct comprehensive vetting or verification of Helper skills, qualifications, or history The Company facilitates scheduling and billing only. Clients are solely responsible for evaluating and managing their relationship with Helpers.
The Company is not responsible for:
The Company does not guarantee or certify the background, experience, or qualifications of Helpers unless explicitly stated in writing. Clients are encouraged to use discretion when engaging with Helpers and may ask questions or request information during booking.
As stated in Section 2.5, Helpers are engaged as independent contractors, not employees of the Company. The Company is not responsible for:
The Company does not currently provide insurance coverage for Helpers or for incidents occurring during Service Appointments. Clients are encouraged to maintain appropriate homeowners, renters, or personal liability coverage as needed.
The Company may be held responsible only where it had actual knowledge of serious misconduct and failed to take reasonable steps to prevent foreseeable harm.
Clients are encouraged to maintain appropriate homeowners, renters, or personal liability insurance coverage to address potential incidents that may occur on their premises during Service Appointments.
To the maximum extent permitted by law, the Company shall not be liable for:
This limitation applies even if the Company was advised of the possibility of such damages or losses.
If, notwithstanding the above disclaimers, the Company is found liable for any claim, the total cumulative liability of Mother’s Helper LLC shall not exceed the amount paid by the Client for the specific Service Appointment giving rise to the claim.
If no payment was made for the disputed Service, the Company’s maximum liability shall be one hundred U.S. dollars ($100.00).
This limitation shall apply regardless of the nature of the claim (e.g., contract, tort, equity, statute).
If no payment was made for the disputed Service Appointment, the Company’s maximum liability shall not exceed one hundred dollars ($100.00), unless otherwise required by law. This limitation shall apply regardless of the legal theory asserted and regardless of the nature of the claim (e.g., contract, tort, equity, statute).
Nothing in this Agreement shall waive or limit any right that cannot be waived under applicable law. Specifically:
Mother’s Helper LLC shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to:
In such events, the Company may:
To the fullest extent permitted by law, the Client agrees to indemnify, defend, and hold harmless Mother’s Helper LLC and its affiliates, contractors, and representatives (the “Indemnified Parties”) from any and all:
to the extent arising from:
This indemnity does not apply to claims based solely on the Company’s gross negligence or intentional misconduct.
The Client’s indemnification obligations do not end when Services end.
These obligations will survive:Indemnity still applies to:
If any claim is made that may trigger this indemnity obligation, the Company reserves the exclusive right — at its own discretion and expense — to:
In that case, the Client agrees to:
Any settlement made by the Client without Company approval shall be null and void as it applies to the Indemnified Parties.
Mother’s Helper LLC collects personal information from Clients only to the extent necessary to coordinate, deliver, and improve Services. This may include:
Clients may also voluntarily provide additional information such as:
The Company does not collect personal information directly from children.
Personal information is collected and used for the following purposes:
Personal information is never sold, licensed, or shared with advertisers or unaffiliated third parties for marketing purposes.
The Company uses trusted third-party vendors (e.g., Square) to provide payment processing and, where applicable, scheduling or communications tools.
These vendors:
The Company is not responsible for the independent privacy or data handling practices of these third parties beyond the reasonable due diligence required when selecting service providers.
If you are a California resident, you may have rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including:
To exercise any of these rights, please contact the Company at: privacy@mothershelper.co
The Company will:
Although Services often involve children, the Platform is not directed at children, and the Company does not knowingly collect personal information from minors under age 16.
Any child-related information (e.g., age, household preferences) is collected from the Client, and only for the purpose of coordinating non-medical Services.
Such information is:
If the Company becomes aware that it has inadvertently collected children’s information directly or without proper consent, it will take steps to delete it.
Mother’s Helper LLC implements commercially reasonable technical, physical, and administrative safeguards to protect personal information.
These measures include:
However, no system is perfectly secure. By using the Platform, Clients accept the inherent risks associated with transmitting personal information online.
In the event of a data breach involving personal information, the Company will:
The Company may also provide guidance for Clients to mitigate exposure (e.g., changing passwords, monitoring credit activity) depending on the nature of the breach.
This Privacy and Data Protection section may be updated periodically to reflect changes in law, technology, or Company operations.
Material changes will be:
Clients are encouraged to review this section regularly. Continued use of the Platform after changes are posted constitutes acceptance of the revised terms.
Before initiating any legal proceeding, both the Client and Mother’s Helper LLC agree to first attempt to resolve any issue through good-faith informal communication.
To initiate a resolution attempt, the Client must send an email to:
This written notice must include:
The Company will review and respond to the issue in good faith, generally within ten (10) business days. This informal resolution process is required and must be completed before proceeding to arbitration or legal action.
To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to:
shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect.
Key terms:
Either party may bring an eligible claim in small claims court in Santa Clara County, California, if:
To the fullest extent permitted by law, Clients agree to resolve disputes only in their individual capacity. Clients may not:
If any portion of this waiver is found unenforceable as applied to a specific claim, that portion shall be severed, and the rest of the arbitration clause shall remain in effect.
Only if the entire waiver is found unenforceable in its entirety by a final court ruling shall the arbitration clause be invalidated.
These Terms and any related dispute are governed by the laws of the State of California, without regard to its conflict of laws principles.
The Platform is intended for use within California. If a Client chooses to access or use the Platform from another location, they do so at their own risk and are responsible for compliance with any applicable local laws.
In any arbitration, lawsuit, or other legal proceeding arising from these Terms:
Any legal claim arising out of or related to this Agreement, the Platform, or any Service Appointment must be initiated within one (1) year from the date the claim arises. After that period, the claim is permanently waived.
Mother’s Helper LLC reserves the right to modify, revise, or replace these Terms at any time.
If the Client does not agree to the revised Terms, their sole remedy is to discontinue use of the Platform and Services.
These Terms, along with any incorporated documents, policies, schedules, hyperlinks, and disclosures, constitute the entire agreement between the Client and Mother’s Helper LLC.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
The Company’s failure to enforce any provision of these Terms does not constitute a waiver of that right or provision.
Clients may not assign, transfer, or delegate their rights or obligations under these Terms without prior written consent from the Company.
Mother’s Helper LLC may assign its rights and obligations:
These Terms will continue to bind any successor entity.
By checking a box, clicking “I Agree,” booking Services, or otherwise using the Platform, the Client confirms that they:
This Agreement is fully enforceable as a digital contract without a physical signature.
For Clients with existing accounts at the time of a Terms update, continued use of the Platform shall not be deemed consent unless and until the Client has re-affirmed their agreement via a new clickwrap or checkbox mechanism. The Company may restrict access to booking or account features until such consent is provided.
The Platform known as “Mother’s Helper” is operated by Mother’s Helper LLC, a California limited liability company.
All legal contracts, communications, and services are entered into with this entity.
If the Company changes its legal name or structure, the Terms will remain binding on the successor entity, and Clients will be notified of any such change.
For any questions, legal notices, or concerns regarding these Terms, please contact:
Mother’s Helper LLC
Email: hello@mothershelper.co
Website: www.mothershelper.co