OTG Nanny Terms of Use
Last Modified: August, 2023
Acceptance of the Terms of Use
These terms of use are entered into by and between You and OTG Nanny, LLC (“Company,” “OTG Nanny,” “we,” or “us”). The following terms and conditions, together with the OTG Nanny Privacy Policy, and OTG Nanny App Agreement, (collectively, the “Terms of Use”), govern your access to and use of Otgnanny.com, including any content, functionality, and services offered on or through Otgnanny.com (the “Website”), and any mobile services, mobile application, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service (including by downloading any mobile application we may offer from time to time), you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the OTG Nanny Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access or use the Service (“Accessors”). Please read this Agreement carefully.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE OTG NANNY WEBSITE AND/OR SERVICE.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, AS THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO US. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT, EXCEPT WHERE PROHIBITED BY APPLICABLE LAWS, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
We may modify these Terms of Service from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. If we make a material change to the Terms of Service, we will notify you by sending a notice at the email address registered to your account and/or by posting a prominent notice on our Website or Service. Material changes will go into effect no less than thirty (30) days after we notify you, so you can decide whether you would like to continue using the Website and/or Service. Your use of the Website or Service after the effective date of any changes to these Terms of Service will constitute acceptance by you of such changes.
The Website or Service provides a venue for people seeking child care, companion care (non-medical), tutoring, pet care, nanny services and/or other household assistance (“Families” and “Care” respectively). The Website and/or Service allows you to create one (1) universal consumer profile (“User Account”) that enables you to perform aggregated searches, then schedule and pay for care services, including child care, pet sitting, in-home non-medical elder care, tutoring, and domestic staffing services offered by people who want to provide the Care (“Providers,” and collectively with Families, “Users”). OTG Nanny is not a referral, matching or placement service and does not provide, refer, secure, place, procure, offer or seek to obtain employment or engagements for any of its Users.
OTG Nanny further makes no referrals, recommendations or representations about the Providers or the Families, including any representations about the suitability, reliability, integrity or trustworthiness of any User. You should make your own assessments of the individuals you decide to interact with, provide services to and/or engage.
Families arrange for Care to be provided by a Provider solely between themselves, and OTG Nanny is not a party to any of those arrangements. OTG Nanny does not have control over, supervise or provide any training, counseling or equipment to the Providers, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the Care provided by the Providers. Because we are not involved in User-to-User dealings or control the behavior of Users, Users must resolve any issues, disputes or concerns directly with each other, including any issues regarding payments to a Provider, or Care received by a Family. As set forth in Section 16, you agree to release OTG Nanny from any claims or liability that may arise from any disputes between you and other Users.
YOU ACKNOWLEDGE AND AGREE THAT OTG NANNY DOES NOT PROVIDE CARE SERVICES, IS NOT A REFERRAL, MATCHING OR PLACEMENT SERVICE AND DOES NOT PROVIDE, REFER, PLACE, OFFER OR SEEK TO OBTAIN EMPLOYMENT OR ENGAGEMENTS FOR ANY OF ITS USERS. OTG NANNY DOES NOT AND HAS NO OBLIGATION TO SCREEN OR VERIFY THE IDENTITY OR BACKGROUND OF ANY USER. OTG NANNY DOES NOT SCREEN OR VERIFY THE TRAINING OR EXPERIENCE OF ANY OF THE USERS OR ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO USER PROFILES. OTG NANNY HAS NO CONTROL OVER THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF PROFILES OR OTHER USER CONTENT SUBMITTED THROUGH THE WEBSITE OR SERVICE, AND MAKES NO REPRESENTATIONS ABOUT ANY SUCH USER CONTENT ON THE WEBSITE OR SERVICE. OTG NANNY MAKES NO REPRESENTATIONS ABOUT THE PROVIDERS OR THE FAMILIES. YOU SHOULD MAKE YOUR OWN ASSESSMENTS OF THE PERSONS YOU DECIDE TO INTERACT WITH, ENGAGE OR PROVIDE SERVICES TO.
OTG NANNY’S WEBSITE AND/OR SERVICE MAY BE USED BY YOU TO FIND, REQUEST, SCHEDULE, AND PAY/RECEIVE PAYMENT FOR CARE PROVIDED BY PROVIDERS, BUT YOU AGREE THAT OTG NANNY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY CARE PROVIDED TO YOU OR BY YOU THROUGH THE USE OF THE SERVICE OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. FAMILIES ARRANGE FOR THE CARE SOLELY BETWEEN THEMSELVES AND PROVIDERS, AND OTG NANNY IS NOT A PARTY TO ANY OF THOSE ARRANGEMENTS. OTG NANNY DOES NOT HAVE CONTROL, SUPERVISE OR PROVIDE ANY TRAINING OR EQUIPMENT TO THE PROVIDERS, AND HAS NO CONTROL OVER THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF THE CARE PROVIDED BY PROVIDERS. OTG NANNY IS NOT INVOLVED IN THE TRANSACTIONS BETWEEN FAMILIES AND PROVIDERS AND OTG NANNY SOLELY PROVIDES THE SERVICE TO FACILITATE SERVICE BOOKING AND PAYMENT.
OTG NANNY DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF PROVIDERS WHO PROVIDE CARE. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF THE PROVIDERS WILL MEET YOUR NEEDS AND EXPECTATIONS. OTG NANNY WILL NOT PARTICIPATE IN DISPUTES BETWEEN USERS. BY USING THE SERVICES, USERS ACKNOWLEDGE THAT THEY MAY BE EXPOSED TO SITUATIONS INVOLVING OTHER USERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF THIRD PARTY CAREGIVERS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. OTG NANNY SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO TRANSACTIONS OR RELATIONSHIPS BETWEEN USERS.
AS SET FORTH IN SECTION 1, YOU AGREE TO RELEASE OTG NANNY FROM ANY CLAIMS OR LIABILITY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS. OTG NANNY IS NOT AN EMPLOYMENT SERVICE AND DOES NOT SERVE AS AN EMPLOYER OF ANY USER. AS SUCH, USERS ARE SOLELY RESPONSIBLE (AND OTG NANNY IS NOT RESPONSIBLE), FOR ANY TAX, WITHHOLDING OR REPORTING, INCLUDING, BUT NOT LIMITED TO, UNEMPLOYMENT INSURANCE, SOCIAL SECURITY OR PAYROLL WITHHOLDING TAX OR INCOME REPORTING IN CONNECTION WITH ANY SERVICES PROVIDED BY USERS. YOU UNDERSTAND AND AGREE THAT IF OTG NANNY IS FOUND TO BE LIABLE FOR ANY TAX, WITHHOLDING TAX OR REPORTING OBLIGATION IN CONNECTION WITH ANY CARE PROVIDED OR RECEIVED BY YOU, THEN YOU WILL IMMEDIATELY REIMBURSE AND INDEMNIFY OTG NANNY FOR ALL COSTS, EXPENSES AND LIABILITIES (INCLUDING ANY INTEREST AND PENALTIES) RELATING TO THE SAME. IF REQUESTED BY OTG NANNY, YOU AGREE TO PROVIDE OTG NANNY WITH SUCH IDENTIFICATION DOCUMENTS (INCLUDING COPIES OF PASSPORTS AND DRIVER’S LICENSES) OR OTHER INFORMATION AS MAY BE NEEDED OR REQUESTED BY OTG NANNY.
OTG NANNY HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON ITS USERS. However, to the extent permitted by law, we reserve the right to conduct such checks and/or to verify your account or registration information and the representations and warranties you have made, which may include, without limitation, our using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, transmitting, disassembling, decompiling, publicly displaying, republishing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping” or by creating any derivative works of the Service; (ii) determining or attempting to determine any source code, algorithms, methods, or techniques embodied by the Service or any derivative works thereof, or incorporating the Service or any portion thereof into any other program or product; (iii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iv) transmitting spam, chain letters, or other unsolicited email; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) uploading invalid data, viruses, worms, or other software agents through the Service; (viii) collecting or harvesting any personally identifiable information, including account names, from the Service; (ix) using the Service for any commercial solicitation purposes; (x) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xi) interfering with, or attempting to interfere with, the proper working of the Service; (xii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xiii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiv) distributing, licensing, transferring, or selling, in whole or in part, any of the Service or any derivative works thereof; (xv) encouraging any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm us or Users of the Service or expose us or them to liability; and (xvi) violating, or promoting the violation of, this Agreement or any applicable federal, provincial, local, state, foreign, or international law or regulation, including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property or legal rights (including the rights of publicity and privacy of others).
Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. OTG Nanny reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). OTG Nanny may terminate this license at any time for any reason or no reason.
The Website and/or Service also enables you to synchronize any User Account you have previously created with Providers, so that you may view your history of Care with those Providers and to purchase additional Care.
You agree not to on the Website or Service, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Website or Service, or any User Content in violation of OTG Nanny’s service rules and standards (“Community Standards”), User Content that:
You further agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Service that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us. You may not copy or use personal identifying or business contact information about other Users without their permission. You agree, represent and warrant that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. OTG Nanny reserves the right, but is not obligated, to reject and/or remove any User Content that OTG Nanny believes, in our sole discretion, violates these provisions.
You must not access or use for any commercial purposes any part of the Website or Service or materials available through the Website or Service.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the OTG Nanny. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
In connection with your User Content, you affirm, represent and warrant the following: (1) You have the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. (2) Your User Content and OTG Nanny’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. OTG Nanny takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that OTG Nanny shall not be liable for any damages you allege to incur as a result of User Content.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE OTG NANNY AND ITS AFFILIATES, LICENSEES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE OTG NANNY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE OTG NANNY OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Background Checks are conducted entirely through the 3rd Party Verification Service’s website, will require the Provider’s separate consent, and are subject to the 3rd Party Verification Service’s website’s terms of service and privacy policy. Providers have access to their completed Background Check search results through the 3rd Party Verification Service website. To the extent permitted by law, OTG Nanny may receive and review a copy of each Background Check requested from a 3rd Party Verification Service. If the 3rd Party Verification Service reports that a Provider’s Background Check search report is clear of any felonies or misdemeanors (other than traffic-related misdemeanors, as discussed further below), at OTG Nanny’s discretion, the Provider’s Profile will display a “Background Check” badge. For traffic-related misdemeanors, OTG Nanny shall use its judgment and discretion to determine whether such misdemeanor disqualifies a Provider from receiving a “Background Check” badge and from having its profile publicly displayed on the Website and/or Service. In making such determination, OTG Nanny may consider, among other factors, whether such traffic-related misdemeanor is treated as an infraction (i.e., not a misdemeanor) in other states (for example, Ohio classifies certain traffic-related violations, e.g., certain speeding tickets, as misdemeanors whereas other states may classify the same conduct as infractions). To the extent permitted by applicable law and subject to the Provider’s authorization, updated Background Checks may be reinitiated annually for Providers with continuing Subscriptions; failure to initiate and clear a new Background Check may result in the Provider’s Profile being hidden from public view. Providers may request copies of their completed Background Checks. In addition, OTG Nanny may supplement the Background Check search results with publicly available information about a Provider, e.g., public social media profiles and other online activity.
By ordering and/or otherwise authorizing a Background Check to be conducted about yourself, you hereby agree and acknowledge that OTG Nanny may receive and review a copy of your Background Check and may conduct supplemental searches for publicly available information, including but not limited to your public social media profiles, and you understand and agree that OTG Nanny may terminate or suspend your registration on the Website and/or Service based on information contained in such Background Check and other search results.
Please note that 3rd Party Verification Services may be incomplete, not up-to-date, and may not provide all information about a Provider that may be relevant to you such as, for example, traffic violations, address verification, and pending criminal and/or civil complaints. For example, different jurisdictions have different limitations that may affect the results of a Background Check, such as restrictions on reporting certain types of convictions or how far back convictions are reportable. The 3rd Party Verification Service only reports publicly available records, but not all records are publicly available in every jurisdiction and in many jurisdictions, there is a delay before records are publicly available. Records not available to the 3rd Party Verification Service and/or not allowed to be reported by law may include: juvenile and minors’ records, dismissed cases, arrests not resulting in convictions, arrests or convictions from foreign countries, deferred adjudications or pending court cases, nolle pros, and other convictions that are suppressed by state and federal reporting restrictions. In addition, as each Background Check is performed with the authorization and information provided directly to the 3rd Party Verification Service by the Provider, if inaccurate information is provided, the Background Check results may be inaccurate and/or incomplete as well. Accordingly, you should take such actions as you feel are appropriate to evaluate a Provider’s background.
If you decide to access, use, or share information provided by a 3rd Party Verification Service with any other party (either through this Website and/or Service or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless OTG Nanny and its Affiliated Parties from any loss, liability, damage, or costs that may result from such access, use, or sharing of information, regardless of the cause. OTG Nanny does not assume and expressly disclaims any liability that may result from the use of information provided by a 3rd Party Verification Service.
The Website and Service may include links to other websites (including other sites that are framed within the Website and/or Service) or applications, or functionality to connect with other websites such as Facebook (each, a “Third Party Site”) or advertisements. We do not control or endorse any Third Party Site or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third Party Site or advertisement. Your use and access of a Third Party Site is at your own risk, and is subject to the terms and conditions for such Third Party Site.
As part of the Service, we make available software and/or applications designed for mobile devices (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. OTG Nanny does not warrant that the Mobile Software will be compatible with your mobile device. OTG Nanny hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one OTG Nanny account owned solely by you, for your personal use. Without limiting the general prohibitions on your actions found in the “Service Rules” above, which also apply to the Mobile Software, you may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that OTG Nanny may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and OTG Nanny or third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. OTG Nanny reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Company Service, including the laws in your jurisdiction of residence.
The following applies to any Mobile Software you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and OTG Nanny, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the then-current App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to OTG Nanny as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to OTG Nanny as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, OTG Nanny, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and OTG Nanny acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and OTG Nanny only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) OTG Nanny, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to OTG Nanny’s Google-Sourced Software.
Except for your User Content, the Service and all materials, services, and information therein or transferred thereby, including, without limitation, information, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, content, reports, features, functionality, design, presentation, analyses and data that is otherwise generated, collected or transmitted through the Service or Mobile Software, the “look and feel” of the Service, and User Content belonging to other Users (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of OTG Nanny and our licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
The Service includes a number of features which may or may not be available to you depending on which features you elect and, where required, pay or subscribe to use. Some of the Service features require Mobile Software to be installed on the devices that the features apply to. Not all Service features may be available in your country. Please see below for details.
Certain features of the Service are designed to collect and share location information about you and other individuals who use the Service. In order to access and use these features, the Service collects location, sensory and motion data from your mobile device in order to share location information, provide emergency response services, compile reports, and otherwise provide or facilitate the features and functionality of the Service.
By using the location services, you represent and warrant that OTG Nanny is permitted to collect and use location, and movement information from your device to provide the Services, and for other purposes as described in our Privacy Policy.
To work properly, these features require the corresponding Mobile Software for which location and movement data will be provided, and require access to location, sensory and motion data from the smartphone or mobile device. These features may not work properly if the corresponding device permissions and settings allowing access to location, sensory and motion data are not properly configured or enabled. In addition, the features may not work for a variety of reasons, such as if the device that the Mobile Software is installed on is not powered on and connected to the wireless service provider’s network (e.g., it will not work if the phone is connected to a wi-fi network), if location services are turned off, if the Service is not being used or is blocked on the device, if you are making a phone call through the device, and for other reasons.
OTG Nanny may offer the ability for Users to connect GPS tracking devices or link GPS tracking devices (“Devices”). When you link such devices, your use of the Website and or Service and data collected about your Devices will be shared with OTG Nanny and subject to both these Terms of Use and the OTG Nanny Privacy Policy, respectively. Notwithstanding anything in the Terms of Use or Privacy Policy, and for the avoidance of doubt, locations associated with your Devices will not be sold or commercialized even in aggregated form. Note that use of Devices, even when linked with your Account, remains subject to the Terms of Service and Privacy Policy of the maker of the Device.
Services, including the Subscription plans and the Services available under such plans, and fees (including which Services are charged fees) are subject to change or termination by OTG Nanny from time to time without notice, and may vary by location. If there is any change to the Subscription plans, Services or fees, the pages listing the current Subscription plans and Services or fees, respectively, will be updated.
Users who use these fee-based Services agree to pay OTG Nanny the applicable fees then in effect. In addition, Users authorize OTG Nanny to charge their chosen payment provider for use of the Website and/or Service. OTG Nanny reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if there is any change to the Subscription plans or Services available thereunder.
Subscriptions, fee credits (if any), and any other items or benefits associated with a User’s Subscription are nontransferable.
To cancel your Subscription, complete the subscription cancellation form (which can also be accessed under “Settings” from the drop-down menu next to your profile picture via OTG Nanny’s website or mobile web browser). The cancellation will be effective at the end of your then current Subscription term. If you cancel your Subscription, you will continue to have access to your Services associated with your Subscription until the cancellation becomes effective. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if you cancel your Subscription and/or account. All Services cease when your Subscription’s cancellation becomes effective; your Subscription will not renew thereafter. Upon the effective cancellation of your Subscription, you will no longer have access to Services, but you will continue to have access to your account and portions of the Website and/or Service that is available to Users who do not have Subscriptions. Cancelling your Subscription will not delete your account. To deactivate your account please email help@otgnanny.com.
OTG Nanny offers an online payment processing service (“Online Payment Service”) to facilitate payments from Families to Providers. This payment processing service is provided by Stripe, Inc. (“Stripe”) and is subject to the Stripe Services Agreement, and the Stripe Privacy Policy. By agreeing to these Terms of Service or continuing to operate as a User on the Website and/or Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of OTG Nanny enabling payment processing services through Stripe, you agree to provide OTG Nanny accurate and complete information about you, and you authorize OTG Nanny to share it and transaction information related to your use of the payment processing services provided by Stripe. The Online Payment Service may be subject to availability based on geographic area, Subscription enrollment or other basis, as determined by OTG Nanny. Please refer to OTG Nanny’s Online Payment Terms and Conditions for additional information and terms and conditions governing use of this service, which terms are incorporated herein by reference.
If any disputes or disagreements arise between a Family and a Provider relating to the services provided by Provider or payments made by or due from Family, the Family and the Provider are responsible for resolving any such disputes directly with each other. OTG Nanny will not be a party to any such dispute, and OTG Nanny will not be obligated to take any action toward resolving the dispute.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF OTG NANNY AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold harmless OTG Nanny and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys’ fees and costs incurred by OTG Nanny and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Website and/or Service, (ii) any materials and content you submit, post or transmit through the Website and/or Service, (iii) your violation of these Terms of Service or your violation of any rights of a third party, (iv) your interactions with or conduct towards any other Users, including but not limited to, any relationship or agreement formed with another User, whether online or offline (v) your violation of any applicable law, rules or regulations or (vi) your use of any information contained in any Background Check, regardless of whether ordered by a User or OTG Nanny, including but not limited to any violation of the FCRA. You agree that you will cooperate as reasonably requested by OTG Nanny in the defense of such claims. OTG Nanny and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.
17. GENERAL PROVISIONS.
OTG Nanny, LLC
APPENDIX A. DESCRIPTION OF BACKGROUND CHECK SERVICES.
What is included in a Good Egg background check?
The Background Checks described in Section 7 are performed by the third party consumer reporting agency Good Egg.
It is important to understand that not all criminal records are publicly available in all jurisdictions. Records not available to Good Egg, or not allowed to be reported by law, are not included in the background check results. Good Egg will only report publicly available records in compliance with the applicable consumer reporting laws. OTG Nanny background checks performed by Good Egg may include the following:
To learn more about what’s involved in each of these checks, please visit Good Egg at https://www.goodegg.io/pre-employment-background-checks.
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