AblNest Platform Terms of Service

Section 1 — About AblNest and These Terms

Section 2 — Eligibility and Account Registration

To use the Platform you must be at least 18, have legal capacity to contract, not be prohibited from using the Platform under applicable law, and provide accurate registration information. The Platform is designed to serve adult care recipients (18+); any engagement where a minor may be present or receive incidental care requires AblNest's prior written authorization. You must keep your account information current, maintain the confidentiality of your credentials, and notify AblNest immediately of unauthorized access at legal@ablnest.com. The Platform supports Client, Nest Caregiver, and Institutional User accounts, each subject to the terms applicable to that account type. AblNest may refuse, suspend, or terminate access at its discretion for reasons including policy violations, false information, abusive conduct, non-payment, unsafe environments, adverse background findings, or conduct harmful to the Platform community.

Section 3 — The AblNest Platform: What We Do and Do Not Do

AblNest refers vetted, continuously monitored independent Nest Caregivers to Clients; performs screening, background checks, and badge designation; supports scheduling, matching, and care coordination; processes payments securely via Stripe; provides family/caregiver communication tools; and gives access to vetted third-party insurance providers. AblNest does not employ, supervise, or control the manner of care delivery, guarantee availability of any specific caregiver, provide skilled nursing or medical services, provide workers' compensation coverage, act as employer of record, provide personal vehicle transportation, or provide 24/7 clinical triage. AblNest operates exclusively as a Domestic Referral Agency under California Civil Code §1812.5095; Users outside California are responsible for compliance with their own jurisdiction's laws. Nest Caregivers do not provide personal vehicle transportation — AblNest recommends rideshare services, and a caregiver may accompany a Client as a care companion, with Clients responsible for arranging and paying for transportation.

Section 4 — Nest Caregiver Terms

Nest Caregivers are independent contractors; nothing in these Terms creates an employment relationship. To register and remain active, NCs must be authorized to work in the U.S., pass a Checkr background check (criminal history, sex offender and elder abuse registries, identity verification), consent to ongoing continuous monitoring, maintain personal caregiver liability insurance of at least $300,000 per occurrence / $1,000,000 aggregate, hold required licenses, and comply with Platform Policies. AblNest may immediately suspend referrals pending review upon an adverse monitoring finding. NCs have the absolute right to accept or decline any referral without penalty. NC compensation is governed by the Nest Caregiver Independent Contractor Agreement and is contingent on AblNest's receipt of payment from the Client. NCs acknowledge California's Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) may impose mandatory reporting obligations independent of AblNest, and agree to notify AblNest promptly of any such report.

Section 5 — Client Terms

Clients agree to provide accurate care-need and home-safety information, maintain a safe home environment, treat Nest Caregivers with dignity, not request out-of-scope services, and not arrange private off-platform engagements with a referred NC during the engagement and for twelve (12) months after. Under California Labor Code §3351(d), Clients may be treated as the statutory employer of a Nest Caregiver for workers' compensation purposes if the NC is injured in the Client's home. AblNest does not provide workers' compensation coverage for NCs; Clients are strongly encouraged to confirm coverage with their insurance broker and consider a domestic worker liability endorsement. If an NC reasonably determines a home environment is unsafe, they may discontinue the engagement; AblNest may assess an Unsafe Environment Fee (currently two hours at the confirmed session rate) and may suspend or terminate Platform access. Bookings follow a unified cancellation policy: 24+ hours' notice is no charge, 1–24 hours' notice is one hour at the confirmed rate, and within 1 hour or same-day on-demand bookings are four hours at the confirmed rate. The first 15 minutes of any new Client–NC pairing is a no-charge introductory period. Anyone booking on behalf of a care recipient represents they have legal authority to do so (power of attorney, healthcare proxy, guardianship, or similar). Institutional Users (e.g., hospital discharge planners) booking on a patient's behalf represent they have authority to bind the patient to these Terms and the applicable Client Services Agreement.

Section 6 — Privacy and Data Protection

AblNest collects and processes personal information — including health-related information such as care needs, medication reminders, and cognitive status notes — under its Privacy Notice, incorporated here by reference. This information is protected under the California Confidentiality of Medical Information Act (CMIA), CCPA, and CPRA; AblNest will not sell or share personal health information except as required by law or to provide Platform services. AblNest's core referral service is not a HIPAA covered entity; engagements requiring HIPAA compliance (e.g., with hospital systems) are governed by a separate Business Associate Agreement. Care-coordination communications through the Platform may be reviewed by AblNest staff for safety and quality purposes, and any recording or monitoring feature requires explicit two-party consent consistent with California Penal Code §632. In the event of a security breach involving personal information, AblNest will notify affected Users per California Civil Code §1798.82 and applicable CCPA/CPRA requirements. The Platform integrates third-party services including Stripe (payments) and Checkr (background screening), each subject to its own terms and privacy policy. See the full Privacy Notice for details on data collected, direct text messages, and how to reach us with questions.

Section 7 — Intellectual Property

The Platform and its design, features, content, trademarks, and the "Nest Caregiver" designation are owned by or licensed to AblNest and protected by applicable IP law. AblNest grants Users a limited, non-exclusive, non-transferable, revocable license to use the Platform for its intended purpose, with no right to scrape, aggregate, or commercially exploit Platform content. By submitting content (profiles, reviews, communications), you grant AblNest a non-exclusive, worldwide, royalty-free license to use it for Platform operations, quality assurance, and service improvement.

Section 8 — Prohibited Conduct

Users agree not to use the Platform unlawfully or in violation of these Terms; provide false or misleading information; circumvent the Platform via private off-platform engagements; harass, threaten, or abuse any NC, Client, or AblNest staff; attempt unauthorized access to any account or system; transmit spam or malware; scrape or harvest Platform data; misrepresent care needs, qualifications, or identity; create an unsafe environment; or infringe AblNest's intellectual property. Violations may result in suspension, termination, and legal liability.

Section 9 — Disclaimers and Limitation of Liability

The Platform is provided "as is" and "as available" without warranties of any kind. AblNest is a referral platform only and is not liable for the acts, omissions, or misconduct of any Nest Caregiver, injury to a care recipient, property loss or damage, or the conduct of any Client toward an NC — background screening reduces but does not eliminate risk. To the maximum extent permitted by law, AblNest's total liability to any User is capped at the greater of fees paid to AblNest by that User in the preceding three months, or $100.00, and excludes indirect, incidental, consequential, special, exemplary, or punitive damages. You agree to indemnify and hold harmless AblNest for claims arising from your use of the Platform, breach of these Terms, provision or receipt of care services, misrepresentation, or violation of law.

Section 10 — Dispute Resolution and Arbitration

Please read this section carefully — it affects your legal rights. Before any formal dispute process, you agree to first attempt informal resolution by contacting legal@ablnest.com. Except as noted below, disputes arising from these Terms, the Platform, or any care engagement are resolved by final, binding arbitration through JAMS or AAA under California law, rather than in court, with each side generally bearing its own costs. Both parties agree any proceeding will be conducted only on an individual basis — not as a class, consolidated, or representative action; if a court or arbitrator finds this class action waiver unenforceable, the arbitration agreement is void for that dispute only, and it proceeds in court instead. Either party may still seek emergency injunctive relief or use small claims court where applicable. You may opt out of arbitration by sending written notice to legal@ablnest.com within thirty (30) days of first accepting these Terms. These Terms and any dispute are governed by California law.

Section 11 — General Provisions

These Terms, together with the Privacy Notice, Platform Policies, and any additional agreements you've executed (NC Agreement, Client Services Agreement, or Institutional User Agreement), form the entire agreement between you and AblNest regarding the Platform. Non-arbitrated disputes are subject to the exclusive jurisdiction of state and federal courts in Monterey County, California. If any provision is found unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect. AblNest's failure to enforce a provision is not a waiver. You may not assign your rights under these Terms without AblNest's consent; AblNest may assign these Terms in connection with a merger, acquisition, or sale of assets. AblNest is not liable for delays due to causes beyond its reasonable control (force majeure).

Questions, violation reports, or legal notices: AblNest, Inc., legal@ablnest.com, app.ablnest.com. Complaints regarding domestic referral agencies may also be directed to the California Secretary of State.