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SPOTON CHILDCARE CONNECT TERMS OF SERVICE

Last Updated: September 12, 2025
Effective Date: January 1, 2025

Quick Summary: We connect families with childcare providers for emergency care. You pay us for the service, and you pay providers directly for care.

1. DEFINITIONS

The following terms have specific meanings when used in these Terms of Service:

Access Code means the unique verification code provided by SpotOn administration to all Care Providers after completing the verification process, required for account registration and platform access.

Background Check Standards means SpotOn's criteria for determining whether a Care Provider passes our verification process, which includes identity verification, sex offender registry clearance, clean manual criminal review, and satisfactory personal interview assessment.

Care Provider means either (1) individual babysitters aged 12 or older who provide childcare services through our platform, or (2) licensed daycare facilities and providers who offer professional childcare services through our platform.

Confirmed Match means a childcare arrangement where both the family and Care Provider have accepted the connection through our platform and contact information has been exchanged to facilitate direct communication.

Continuous Monitoring means ongoing verification processes that may include annual background check updates, periodic review of public records, and monitoring for changes in licensing status or disqualifying events.

Emergency Childcare means unplanned childcare needs that arise with less than 24 hours notice due to unexpected circumstances such as work emergencies, family emergencies, illness, or other urgent situations requiring immediate childcare coverage.

Emergency Circumstances means unforeseeable events that prevent fulfillment of childcare commitments, including but not limited to personal illness, family emergencies, severe weather conditions, transportation failures, or other situations beyond reasonable control.

Families means parents, guardians, or authorized caregivers aged 18 or older who seek childcare services through our platform.

Identity Verification means the process of confirming a user's identity through government-issued identification documents using Stripe Identity or similar third-party verification services, including verification of name, age, and address.

Independent Contractor means the legal relationship between Care Providers and Families where Care Providers operate their own childcare services business, set their own rates, maintain their own insurance, handle their own taxes, and are not employees of SpotOn or the Families they serve.

Licensed Professional Care Providers means childcare providers who hold current, valid licenses from the Nebraska Department of Health and Human Services or other applicable state agencies to provide professional childcare services.

Minor means any person under 19 years of age in Nebraska. For Care Providers, this specifically refers to individuals aged 12-18 who require parental consent to use our Services.

Platform Integrity means maintaining the intended function of our Services as a referral platform, preventing circumvention of our systems, and ensuring all users operate within the intended framework of our Terms and policies

Services means our website, mobile application, platform features, customer support, and all related services provided by SpotOn Childcare Connect.

Spoton," "we," "us," or "our means SpotOn Childcare Connect, a business operating in Grand Island, Nebraska.

Terms means these Terms of Service, as they may be updated from time to time.

User means any person who accesses or uses our Services, including both Families and Care Providers.

Verifiable Parental Consent means documented consent from a parent or legal guardian obtained through identity verification of the parent, signed consent forms, and confirmation through direct communication with SpotOn staff to ensure the parent understands and approves their minor's participation.

Vetted Provider means a Care Provider who has successfully completed our background check process, including identity verification, criminal background review, sex offender registry check, and personal interview, and has been approved to offer services through our platform.

You means the individual user accessing or using our Services.

2. АССЕРТANCE OF TERMS

Welcome to SpotOn Childcare Connect ("Spoton," "we," "us," or "our"). These Terms of Service ("Terms") constitute a binding legal agreement between you as a consumer ("you") and SpotOn Childcare Connect regarding your use of our website, mobile application, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services. We reserve the right to discontinue services to any party violating terms. Important Arbitration Notice: These Terms contain an arbitration clause in Section 22 that requires most disputes to be resolved through binding arbitration rather than in court, unless you opt out within 30 days of account creation.

3. SERVICE DESCRIPTION AND LIMITATIONS

3.1 Our Role as a Referral Service

SpotOn Childcare Connect is an emergency childcare placement service that connects families with vetted childcare providers in Grand Island, Nebraska and surrounding areas. We operate as a referral and coordination service only. We facilitate connections between families seeking childcare and independent childcare providers.

What We Provide

WE DO NOT

3.2 Independent Contractor Relationships

All childcare arrangements are between families and care providers directly. Care providers are independent contractors, not employees or agents of SpotOn. Families and providers are responsible for:

3.3 Our Coordination Services

We provide tools and services to help facilitate connections, including:

4. SUBSCRIPTION AND BILLING

4.1 Subscription Terms

4.2 Provider Payments

Important: You pay childcare providers directly for their services. SpotOn Childcare Connect does not handle payment between families and providers.

5. SMS/TEXT MESSAGING TERMS

5.1 Consent to Receive Messages

By providing your phone number and subscribing to our service, you consent to receive automated text messages from SpotOn Childcare Connect, including:

5.2 Message Details

5.3 Supported Carriers

Our SMS service works with all major U.S. carriers. If you experience issues, contact us at (308) 218-3056.

6. ELIGIBILITY AND ACCOUNT REQUIREMENTS

6.1 Age Requirements

Care Providers:

Families:

Children Under 13:

6.2 Account Registration

All users must provide accurate, current information including:

Care Providers must additionally provide:

Failure to procure said documents can lead to disciplinary actions, suspension of account or termination of account. We reserve the right to deny services to any person for any reason.

7. USER RESPONSIBILITIES

7.1 Accurate Information

You agree to provide accurate, current information including:

7.2 Appropriate Use

You agree to use our service only for legitimate emergency childcare needs and not for:

7.3. Third-Party Services

Google Translate

Our website includes Google Translate functionality as a convenience feature. By using this feature, you acknowledge that:

Important: When you use Google Translate, you give Google a worldwide license to use, host, store, reproduce, modify, and create derivative works based on the content you translate .

External Links and Services

Our website may contain links to third-party services. We are not responsible for the privacy practices or content of these external services. We encourage you to review their privacy policies before use.

8. PLATFORM INTEGRITY AND NON-CIRCUMVENTION

Important: This section protects the integrity of our platform and ensures fair use for all users.

8.1 Non-Solicitation

You will not solicit any other user, or attempt to solicit any other user to discontinue utilizing SpotOn's platform, or otherwise discontinue SpotOn's services. It is an express violation of these Terms for users to contract or attempt to contract with parties introduced to said user by SpotOn, except as necessary to comply with these Terms.

8.2 Platform Misuse and Enforcement

If SpotOn determines, in its sole discretion, that you are improperly utilizing or otherwise attempting to misuse or circumvent SpotOn's services or platform, or data gathered from your use of SpotOn's platform, or are using or attempting to use data of SpotOn or any SpotOn user for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by SpotOn, or to circumvent or attempt to circumvent any contractual relationship of SpotOn, SpotOn shall immediately terminate your use of SpotOn's platform without refund.

8.3 Legal Remedies

Additionally, SpotOn reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies as may be applicable.

9. ACCEPTABLE USE AND CONDUCT

9.1 Prohibited Conduct

You agree not to:

9.2 Community Guidelines

Respectful Communication:

Safety First:

Honest Representation:

Please refer to our community guidelines at https://spotonchildcare.com/community-guidelines for further details.

9.3 Content Standards

All content you share must:

10. BACKGROUND CHECKS AND VERIFICATION

10.1 Authorization and Consent

By creating a Care Provider account, you authorize SpotOn Childcare to:

Families using our babysitting platform must agree to accept only providers who have completed our background check process.

10.2 Background Check Process

Our background check process includes:

10.3 Background Check Results

Pass/Fail Disclosure: Families will see only whether you passed or failed our background check standards, not specific details. Continuous Monitoring: We may conduct ongoing monitoring and require updated background checks annually. Right to Review: You have the right to review and dispute any background check results according to applicable consumer protection laws.

11. BABYSITTER REQUIREMENTS AND RESPONSIBILITIES

11.1 Independent Contractor Status and Age Requirements

Minor Babysitters (Ages 12-18): Babysitters using SpotOn Childcare Connect who are under 19 years of age are considered independent contractors providing services through our platform, not employees of SpotOn Childcare Connect. However, due to their minor status:

11.2 Registration and Eligibility Requirements

To register as a babysitter on SpotOn Childcare Connect, you must meet the following requirements:

11.3 Safety and Reliability Standards

Booking Commitments:

Safety Requirements:

Professional Conduct:

11.4 Platform Usage and Financial Terms

Communication and Booking:

Rate Setting and Earnings:

Platform Compliance:

11.5 Insurance and Liability Limitations

Insurance Coverage:

Limitation of Platform Liability: SpotOn Childcare Connect acts as a platform connecting families and babysitters. SpotOn is not liable for incidents, injuries, or damages that occur during babysitting services. SpotOn does not supervise or control the actual provision of childcare services. All babysitting services are provided independently by the babysitter.

11.6 Account Termination and Enforcement

SpotOn Childcare Connect reserves the right to suspend or terminate babysitter accounts for:

For Minor Babysitters: Account termination may also occur if parent/guardian consent is revoked or if the parent/guardian requests account closure.

11.7 Dispute Resolution

Any disputes arising from babysitting services should first be addressed directly between the babysitter (and parent/guardian if applicable) and the family. SpotOn Childcare Connect may provide mediation assistance but is not responsible for resolving service-related disputes between parties.

Note: This section supplements and does not replace the general terms applicable to all users of SpotOn Childcare Connect. In case of conflict between general terms and babysitter-specific terms, the babysitter-specific terms shall control for babysitter users.

12. PROVIDER NETWORK

12.1 Provider Vetting

We make reasonable efforts to verify that providers in our network are:

12.2 Provider Independence

Important: Childcare providers are independent contractors, not employees of SpotOn Childcare Connect. We facilitate connections but do not supervise care.

13. PAYMENT TERMS

13.1 Platform Fees

Spoton charges service fees for facilitating connections and providing platform services. Family Subscription: $14.99 per month for unlimited provider connections. Background Check Fee: Provided at no cost as part of our commitment to family safety.

13.2 Payment Processing

All payments are processed through secure third-party payment processors (Stripe). Families authorize payment holds to confirm bookings before contact information is exchanged. Payment is captured after childcare services are completed. We reserve the right to modify fees with 30 days' notice. Payment processing fees (approximately 3.15% + $0.30) shall be passed to families.

13.3 Direct Payment Arrangements

Families and providers shall arrange direct payment for childcare services. SpotOn is not responsible for:

14. INTELLECTUAL PROPERTY

14.1 Platform Content

SpotOn retains all rights to:

14.2 User Content

By posting content on our platform, you grant SpotOn:

15. PRIVACY POLICY

15.1 Incorporation by Reference

Our Privacy Policy is incorporated into these Terms by reference. Please review it for details on data collection, use, and protection.

15.2 Key Privacy Points

15.3 Child Privacy Protections

We implement special protections for information about minors:

16. DISCLAIMERS AND LIMITATIONS

16.1 Service Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT:

While we strive to provide matches for all emergency requests, we cannot guarantee:

16.2 Our Role

We do not:

16.3 Third-Party Services

We are not responsible for:

17. INDEMNIFICATION

17.1 User Indemnification

You agree to indemnify, defend, and hold harmless SpotOn Childcare, its employees, officers, directors, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

17.2 Scope of Indemnification

This indemnification applies to all claims including:

18. LIMITATION OF LIABILITY

18.1 Damages Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPOTON'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF:

SpotOn Childcare Connect's liability is limited to the amount of subscription fees paid. We are not liable for:

18.2 Excluded Damages

IN NO EVENT SHALL SPOTON BE LIABLE FOR:

18.3 Essential Purpose

This limitation of liability is fundamental to our business model and the fees we charge. Without these limitations, we could not provide our Services at current rates.

19. TERMINATION

19.1 Your Right to Cancel

You may cancel your subscription at any time through:

19.2 Termination by SpotOn

We may suspend or terminate your account immediately if:

19.3 Effect of Termination

Upon termination:

We do not prorate/refund unused portions of the subscription fee if services are canceled mid month.

20. SAFETY AND REPORTING

20.1 Safety Responsibilities

All Users Must:

Families Must:

Providers Must:

20.2 Reporting Mechanisms

Safety Concerns:

Platform Violations:

Emergencies:

20.3 Investigation and Response

We will investigate all safety reports and may:

21. DISPUTE RESOLUTION

21.1 Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve disputes through:

21.2 User-to-User Disputes

SpotOn is not responsible for resolving disputes between users. All issues concerning care arrangements, payments, or conduct must be resolved directly between families and providers. We may provide mediation assistance but are not obligated to intervene.

21.3 Platform Disputes

For disputes with SpotOn regarding our Services, you agree to the arbitration process outlined in Section 22.

22. BINDING ARBITRATION

22.1 Agreement to Arbitrate

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration rather than in court, except for:

22.2 Arbitration Procedures

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules:

22.4 Fees and Costs

SpotOn will pay arbitration fees for claims under $10,000. For larger claims, fees are allocated according to AAA rules and applicable law.

23. GENERAL PROVISIONS

23.1 Governing Law

These Terms of Service are governed by the laws of the State of Nebraska. Any disputes will be resolved in the courts of Hall County, Nebraska.

23.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

23.3 Entire Agreement

These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and SpotOn regarding the Services.

23.4 Modifications

We may update these Terms of Service periodically. We will notify users of significant changes through our service or via email. Your continued use after changes indicates acceptance of updated terms. We may modify these Terms at any time by:

24. CONTACT INFORMATION

For questions about these Terms of Service:

These Terms of Service are effective as of January 1, 2025.