VovoCare Terms of Service

VovoCare ("VovoCare", "Company", "we", or "us") is a digital eldercare platform currently operated by Luis Portas de Iberico Nogueira, pending formal incorporation, with a mission to restore dignity in eldercare.

We connect family members or legal guardians who need elder wellness services ("Families" or "Service Users") with qualified caregivers who provide those services ("Caregivers" or "Service Providers") across the EU. These Terms of Service ("Terms" or "Agreement") govern your access to and use of VovoCare's website, mobile applications, and related services (collectively, the "Platform" or "Services").

This unified Agreement applies both to Caregivers and to Family Members or Guardians. By using the Platform in any capacity, you agree to be bound by these Terms and all policies referenced in them, including our Privacy and Data Protection Policy. If you do not agree with these Terms, you must not register or use the Platform.

Please read these Terms carefully. They contain important information about your legal rights, obligations, and available remedies. In particular, Caregivers are independent providers who pay a 20% commission to VovoCare on services rendered; Family members or guardians may be required to maintain an active subscription to access certain Platform features and caregiver reports; our Privacy and Data Protection Policy explains how we handle personal data in compliance with GDPR and other laws; and disputes will be handled in accordance with applicable law, including mandatory consumer protections and jurisdiction rules that apply in the user's country of residence where required.

By using the Platform, you acknowledge that you have read and understood these Terms and our Privacy Policy. If you have general, payment, care-quality, or trust and safety questions, please contact support@vovocare.org. For privacy or data protection requests, contact privacy@vovocare.org.

"Family" or "Family Member" (also "Service User") means an adult family member, legal guardian, or other authorized person who uses the Platform to arrange and manage care services for an elderly loved one. The Family Member represents that they are legally authorized to arrange care for the elder and, if required, to consent on the elder's behalf.

"Caregiver" (also "Service Provider") means an individual care provider who signs up on the Platform to offer in-home eldercare or wellness services. Caregivers are typically independent contractors, not employees of VovoCare, and may include wellness aides, companions, or other non-medical care providers vetted by VovoCare.

"Elder" or "Care Recipient" means the older adult receiving care or wellness services through the Platform. "Guardian" means a VovoCare care coordinator responsible for vetting caregivers, analyzing documentation, and assessing care provided, usually with a regional focus.

"Services" or "Platform" means VovoCare's digital platform, including website, mobile app, and related services that enable Families and Caregivers to connect, schedule, coordinate in-home elder care and wellness visits, receive visit reports, communicate, use AI-driven wellness insights, and access future offerings such as wearable devices or community living services.

"User" means any person or entity who uses the Platform, including Families and Caregivers. Additional privacy and data-protection definitions, including "Personal Data" and "Processing", are incorporated by reference from our Privacy and Data Protection Policy.

VovoCare provides a care coordination platform that connects Families seeking eldercare or wellness services with vetted Caregivers. The Platform facilitates scheduling, communication, and written care reports after visits. Families can view updates on their loved one's well-being, and Caregivers can receive assignments, record session information, and communicate with Families and VovoCare staff.

VovoCare is not a medical provider, does not offer medical advice or treatment, and is not an emergency response service. Wellness insights or suggestions are informational only and are not professional medical advice. Families should consult licensed healthcare professionals for medical decisions, and Users must call the appropriate emergency number in emergencies.

VovoCare acts as an intermediary and is not a party to the direct care agreement between Families and Caregivers. Caregivers provide services as independent contractors, not as employees or agents of VovoCare. Families are responsible for selecting and hiring Caregivers, and Caregivers are responsible for the services they deliver. VovoCare facilitates the connection, provides tools, and oversees quality, but ultimate responsibility for care lies with the Caregiver and Family, except where law requires otherwise.

The Platform and Services are provided on an "as available" basis. We strive to maintain high standards, including caregiver vetting and technology-supported reporting, but we do not guarantee continuous availability of any specific Caregiver, any specific outcome, or any particular wellness result. We will make reasonable efforts to facilitate good matches and quality protocols.

All Users must act consistently with VovoCare's mission of compassionate, dignified eldercare. Caregivers should perform services with professionalism and compassion, and Families should interact respectfully with Caregivers and VovoCare staff. We may suspend or terminate Users whose behavior contradicts these values.

All Users must be at least 18 years old, or the age of majority in their country of residence, and capable of entering into a binding contract. Family Members and Guardians represent that they are legally authorized to arrange care for the elder. Users registering for an organization represent that they have authority to agree on its behalf.

Families represent that neither they nor anyone in the elder's household has a history that would pose a risk to others, including convictions or pending charges for violent, abusive, or exploitative crimes, especially against elderly or vulnerable people, or inclusion on official abuse or sex-offense registries. VovoCare may decline or terminate service if a household environment may be unsafe for Caregivers, subject to applicable law.

Caregivers must have the legal right to work as independent contractors in the country where they offer services, must have appropriate skills, training, qualifications, and experience, and must provide evidence of those qualifications during onboarding.

By registering as a Caregiver, you agree to VovoCare's vetting process, including identification, references, qualification checks, employment-history verification, and background checks where legally permitted. VovoCare may decline or remove any Caregiver who fails vetting standards or provides false information. Vetting improves safety but cannot guarantee every aspect of a Caregiver's background or character.

Caregivers must comply with all laws and regulations applicable to their services, including any registration, licensing, health and safety, tax, and social-insurance obligations. All Users must provide true, current, and complete information, keep it updated, maintain only one account unless approved by VovoCare, keep credentials confidential, and notify VovoCare immediately about suspected unauthorized account use.

VovoCare may refuse registration, terminate accounts, or limit access for Users who do not meet eligibility criteria or for other lawful reasons necessary to protect the community and mission.

Most Platform features require a VovoCare account. Registration asks for personal information and secure login credentials. Personal information is collected and used in accordance with our GDPR-compliant Privacy and Data Protection Policy. By creating an account, you consent to VovoCare's use of your information as described in that Policy and these Terms.

You are responsible for maintaining the confidentiality of your username and password and for restricting access to your account. Families may permit trusted co-guardians to access the Family account, but the account holder remains responsible for all actions under the account. Notify privacy@vovocare.org immediately if you suspect unauthorized use or a security breach.

Accounts are for arranging or providing eldercare through VovoCare. You must not use an account for fraudulent or competitive purposes. VovoCare may send service-related communications by Platform message, email, SMS, or push notification, including reminders, payment confirmations, policy updates, and legal notices. You cannot opt out of essential service or legal notices.

Our Privacy and Data Protection Policy is incorporated into these Terms. It explains what data we collect, how we use and protect it, and how AI-based processing and anonymized datasets may support service improvement. If you do not agree with our data practices, do not use the Platform.

You may use the Platform only for its intended purpose of connecting Families and Caregivers for eldercare services. You must not solicit unrelated business, advertise unrelated products or services, data-mine user information, send spam, or misuse communication tools.

Users must treat each other and elders with respect and courtesy. Harassment, discrimination, abuse, exploitation, hate speech, and behavior that violates the dignity of an elder or User are prohibited. Users must comply with all applicable laws and must not engage in fraud, theft, violence, exploitation, or other illegal conduct.

You must not interfere with the Platform, introduce malicious code, attack the service, attempt unauthorized access, undermine security, or disrupt operations. These actions may result in immediate termination and legal action.

All communications and bookings between Families and Caregivers should be handled through the VovoCare Platform. Users must not circumvent the Platform to avoid fees or commissions. Caregivers must not solicit off-platform payment for services initiated through VovoCare, and Families must not request or persuade Caregivers to do so. Circumvention may result in termination, imposition of applicable commission fees, and suspension or permanent revocation of access to care reports, visit summaries, and related elder data. Off-platform arrangements are allowed only if VovoCare explicitly approves them in writing.

Users may receive personal information about other Users or elders only to coordinate a specific care arrangement. That information may not be used for marketing, unrelated communications, or off-platform services. Misuse of personal data can lead to account termination and legal consequences.

User Content such as profile descriptions, photographs, reviews, feedback, or messages must be accurate to the best of your knowledge, lawful, non-defamatory, non-offensive, and shared only where appropriate. VovoCare may monitor Platform interactions to the extent permitted by law and may remove content, warn Users, suspend accounts, terminate access, or involve authorities where appropriate.

VovoCare uses third-party payment processors, such as Stripe or similar providers, to handle transactions. Families pay for care visits through the Platform payment system. Caregivers receiving payment through the Platform must also comply with the payment processor's applicable terms, including connected-account terms where relevant. VovoCare does not store full credit card information on its servers.

Caregivers agree that VovoCare charges a 20% platform commission on gross fees paid for each service booking. The remaining 80% is disbursed to the Caregiver. For example, if a Family is charged €100 for a visit, the Caregiver receives €80 and VovoCare receives €20. Caregivers should factor this commission into their rates, and VovoCare may display net payout amounts for transparency.

Families may be required to maintain an active subscription to access certain Platform features, including caregiver requests, detailed caregiver profiles, care visit reports, and continuous monitoring features. Subscription details, billing cycles, and included benefits will be presented at signup or in account settings. Launch-phase subscriptions may be waived or discounted, and future fee changes will be communicated in advance.

Subscription cancellation stops auto-renewal unless stated otherwise. Access continues until the end of the paid billing period, and partial-period refunds are generally not offered except where required by law or granted at VovoCare's discretion. If a required subscription is not maintained, certain Platform functionality may be limited.

Family-specific fees, such as one-time booking fees or additional services, will be disclosed before confirmation. At present, aside from any subscription, Families pay listed caregiving fees per booking, inclusive of VovoCare's commission, with no hidden charges.

VovoCare commission and subscription fees are generally quoted exclusive of applicable taxes such as VAT, which may be added at checkout or withheld where required. Caregivers are responsible for determining and fulfilling their own tax obligations on income earned via VovoCare.

All transactions are processed in Euros unless otherwise stated. Users must not circumvent the Platform payment system. Refunds, credits, cancellations, and quality disputes are handled case by case, considering the circumstances and evidence from both sides. Promotions, referral bonuses, and discounts may be subject to separate terms and may be changed or discontinued.

All content and materials available on the Platform, including text, graphics, logos, icons, images, audio, video, data compilations, software, and Platform Content, are owned by VovoCare or its licensors and protected by intellectual property laws. VovoCare grants Users a limited, revocable, non-transferable, non-exclusive license to access and use the Platform solely for using the Services under these Terms.

Users may not use VovoCare names, logos, trademarks, or branding without prior written consent, reverse-engineer Platform software, or scrape data from the Platform except where law permits for interoperability.

Users retain ownership of their User Content. By submitting User Content, you represent that you have the rights to provide it and that it complies with law and these Terms. You grant VovoCare a worldwide, royalty-free, sublicensable, transferable license to use, copy, modify, distribute, and display that content for operating, promoting, and improving the Services. This license survives account termination for legitimate business, backup, legal-compliance, and anonymized-review purposes.

You may not upload defamatory, obscene, pornographic, harassing, threatening, unlawful, or inappropriate content. Sensitive personal data should be shared only in appropriate private Platform channels. VovoCare may remove or block User Content that violates these Terms or third-party rights.

Feedback is voluntary and may be used by VovoCare without obligation. VovoCare respects third-party intellectual-property rights and will respond to valid notices of infringement. Personal data remains owned by the relevant User or data subject, but VovoCare may process it as needed to provide Services. Aggregate and anonymized data derived from user information is owned by VovoCare and may be used for lawful purposes.

Users may stop using the Platform and terminate their accounts at any time through account settings or by contacting privacy@vovocare.org. VovoCare may retain certain information after account closure as required or permitted by law, including transaction, communication, financial, and safety records.

VovoCare may suspend or terminate accounts or pending transactions if it believes a User has violated these Terms or endangered the community or business. Reasons include Acceptable Use violations, failure to meet eligibility criteria, false information, non-payment, serious complaints, repeated negative incidents, unsafe environments, poor care quality, hacking, spamming, or attempts to undermine Platform integrity.

In most cases, VovoCare will try to provide notice or warning and work toward resolution, but severe cases such as fraud or safety threats may result in immediate deactivation or banning. Termination may be temporary or permanent.

Upon termination, access to the Platform ceases, pending bookings may be cancelled, prepaid services not rendered may be refunded or replaced where appropriate, outstanding amounts remain payable, and provisions that should survive termination continue to apply. Suspended Users may request reinstatement, which is at VovoCare's discretion.

VovoCare may decline service to any person for lawful reasons, while not discriminating on protected grounds.

VovoCare takes privacy and data protection seriously. Our Privacy and Data Protection Policy provides detailed information about collecting, using, storing, and sharing personal data. By agreeing to these Terms, you also agree to the Privacy Policy.

We collect only personal data necessary to provide and improve Services, including User-provided profile data, care needs, schedules, caregiver qualifications, and operational data such as check-in and check-out times or care session notes. Sensitive elder information is handled under GDPR principles with privacy-by-design safeguards.

Data is used to connect Families and Caregivers, facilitate safe and effective care, share relevant notes with assigned Caregivers, support quality oversight by Guardians, assist in emergencies, prevent abuse, improve reliability, and operate the Platform. We do not sell personal data.

VovoCare may analyze data and use automated systems or AI tools to summarize care notes, detect patterns or anomalies, identify wellness risks, improve service delivery, train our care team, and develop better features. Whenever feasible, analysis uses anonymized or aggregated data. New processing involving special-category data will use an appropriate lawful basis and, where required, explicit consent.

Safety-related processing may include active-visit location tracking or wearable cameras, microphones, or sensors where disclosed and consented to. Any raw audio or video used to generate structured care reports is intended to be deleted after processing, while written reports are retained as needed. Recordings are treated as highly sensitive data and are not used for marketing.

We use industry-standard security measures, including encryption, pseudonymization, and access controls. Users must keep accounts secure and protect any reports or data they export. EU data subjects have rights including access, correction, deletion, and withdrawal of consent where applicable. Contact privacy@vovocare.org for data requests or concerns.

If there is a conflict between the Privacy Policy and these Terms regarding data issues, the terms providing greater protection to users will prevail, consistent with GDPR principles.

The Platform and Services are provided on an "as is" and "as available" basis to the fullest extent permitted by law. VovoCare does not warrant that Services will be uninterrupted, error-free, or meet all expectations at all times.

VovoCare does not guarantee outcomes from using the Platform or receiving care. Care quality and suitability are primarily the responsibility of the Caregiver and Family to evaluate, even though VovoCare vets Caregivers and provides oversight tools.

To the maximum extent allowed by law, VovoCare disclaims express and implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. VovoCare is not an employer of Caregivers, an eldercare facility, or a healthcare provider, and does not provide medical advice, diagnosis, treatment, nursing, or emergency services.

Third-party services such as payment processors, mapping services, communication tools, or device integrations are subject to their own terms and privacy policies. VovoCare is not responsible for their performance, though we will try to resolve service-impacting issues.

Beta or preview features may be changed or discontinued at any time and are provided without warranties. Mandatory consumer-law rights and statutory guarantees are not excluded.

To the extent permitted by law, VovoCare and its employees, directors, agents, subsidiaries, and affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, personal injury except as provided by law, pain and suffering, emotional distress, or other intangible losses arising from use of the Platform, inability to use the Platform, User interactions, or unauthorized access to data.

VovoCare's liability is limited to matters arising from its own actions or omissions in operating the Platform. VovoCare is not liable for loss, injury, or damage arising from acts or omissions of Caregivers, Families, or other third parties, because VovoCare is not a party to the direct service agreement between them.

Where VovoCare is found directly liable under applicable law, total aggregate liability shall not exceed €100 or the total fees paid by the User to VovoCare for Platform access in the preceding twelve months, whichever is lower, unless mandatory law requires otherwise.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including willful misconduct, gross negligence, fraud, or death or personal injury caused by VovoCare's own negligence where legally established.

Users are responsible for their use of the Platform and the outcomes of their interactions. Disputes between Families and Caregivers should be brought against the responsible party, except to the extent VovoCare has directly breached a legal duty. Users release VovoCare from claims arising from disputes with other Users, except claims based on VovoCare's own breach or negligence.

Users are encouraged to obtain appropriate insurance where relevant. VovoCare intends to maintain standard business and data protection insurance as it scales, but such coverage may be limited and may not cover User losses directly.

You agree to indemnify, defend, and hold harmless VovoCare, its affiliates, and their directors, officers, employees, agents, and representatives from claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising from your use or misuse of the Platform, your content, your breach of these Terms, your interactions or disputes with other Users, or your violation of law.

In plain language, if a third party makes a claim against VovoCare because of something you did or failed to do, you agree to cover the cost of our defense and resulting liability to the extent you were at fault. This may include a Caregiver causing harm during a care session, a Family posting defamatory content, or any User misusing data or violating law.

You agree to cooperate with VovoCare in defending any claim. VovoCare may assume exclusive control of the defense at its own expense, and you may not settle a claim in a way that imposes obligations on VovoCare without prior written consent. Indemnification obligations survive termination.

Before formal proceedings, please contact support@vovocare.org so we can try to resolve disputes informally through our support team, internal escalation, or Guardian mediation. We aim to resolve issues amicably and in good faith. Privacy or data protection requests should still be sent to privacy@vovocare.org.

If an issue cannot be resolved through initial discussions, either party may propose mediation with a neutral mediator, in person or remotely. Mediation is voluntary, non-binding, and costs are typically shared unless otherwise agreed.

If a dispute remains unresolved, the parties may submit it to binding arbitration where permitted by law. Arbitration will be conducted in English under the rules applicable in the agreed forum, using a reputable arbitration body or independent arbitrator. Mandatory consumer jurisdiction rights will prevail where the parties cannot agree on a forum.

The arbitrator may resolve legal and factual issues and grant remedies a competent court could grant, subject to these Terms and mandatory law. Arbitration is confidential where possible, and the written award may be enforced in any court with jurisdiction. By agreeing to arbitration, you may waive the right to have the dispute heard in court, except where law requires otherwise.

If arbitration is unavailable, not used, or an exception applies, disputes may be brought before courts with jurisdiction under applicable law. VovoCare anticipates handling disputes in Ireland, but EU consumer law may allow consumers to bring claims in their home courts, and VovoCare will respect mandatory rights.

Exceptions include small claims, urgent injunctive or interim relief, and claims that cannot legally be compelled to arbitration. To the maximum extent permitted by law, claims must be brought individually and not as class or representative proceedings. If the class-action waiver is unenforceable in a jurisdiction, it will not apply there.

These Terms are governed by the law of the country of the operator's establishment, except where mandatory consumer laws in the user's country of residence apply. Users are not deprived of mandatory protections under local or EU law.

VovoCare is not liable for delay or failure to perform obligations caused by events beyond its reasonable control, including natural disasters, floods, pandemics, fire, war, terrorism, civil unrest, labor disputes, outages, government actions, or similar events.

During a Force Majeure Event, affected obligations are suspended. VovoCare will make reasonable efforts to notify Users and resume service as soon as possible. If a Force Majeure Event continues for an extended period and affects critical services, VovoCare or the User may cancel affected services or terminate the Agreement without liability beyond amounts already accrued.

This clause does not excuse payment obligations for services already rendered or fees already incurred before the Force Majeure Event.

VovoCare may revise or update these Terms from time to time to reflect platform changes, operational practices, or legal requirements. Material changes will be communicated by posting updated Terms, email, in-app notice, or other appropriate methods.

Updated Terms become effective on the stated date, or when posted if no date is stated. Continued use of the Platform after the effective date constitutes acceptance. If you do not agree, you should stop using the Platform and may terminate your account.

Minor changes, such as clarifications, contact updates, or required legal updates with no material impact, may be made with or without direct notice. The current Terms will remain accessible with the Last Updated date. We may keep archives of previous versions where required or useful for transparency.

Referenced policies, including the Privacy Policy, may also be updated according to their own procedures and legal requirements.

These Terms, together with incorporated policies and agreements, constitute the entire agreement between you and VovoCare regarding the Platform and Services and supersede prior communications or representations.

Failure to enforce any provision is not a waiver. If a provision is invalid, illegal, or unenforceable, it will be enforced to the maximum permissible extent and the rest of the Terms will remain in effect.

You may not assign these Terms without VovoCare's prior written consent. VovoCare may assign its rights and obligations, including in connection with a merger, acquisition, restructuring, or sale of assets.

No agency, partnership, joint venture, employment, or similar relationship is created by these Terms. Caregivers and Families are independent parties, and Caregivers are not VovoCare employees or agents.

These Terms do not confer rights on third parties except where explicitly stated, such as VovoCare affiliates, service providers, and indemnified parties. The English version is authoritative if translations conflict. Notices may be sent by email, postal mail, or Platform posting; notices to VovoCare should be sent to privacy@vovocare.org. Electronic acceptance has the same effect as a physical signature.

Each party will comply with applicable laws, including data protection, consumer, tax, labor, platform, and eldercare-related laws. Headings are for convenience only, and words such as "including" mean "including without limitation".

VovoCare seeks to comply fully with GDPR and other applicable data protection laws. Users may lodge complaints with the relevant Data Protection Authority in the EU or EEA country where they live, work, or believe an issue has arisen. VovoCare can be contacted for privacy concerns at privacy@vovocare.org and will appoint a Data Protection Officer if and when required by law.

EU consumers may have a statutory 14-day right of withdrawal for certain online service or digital-service contracts. Subscription withdrawal requests should be sent to privacy@vovocare.org. If you request immediate service and begin using premium features right away, you may lose the right to withdraw where law permits. Scheduled care-session bookings may be subject to service-date exceptions and VovoCare cancellation policies.

These Terms are intended to respect EU unfair-terms rules and mandatory consumer rights. If a provision is found unfair or unenforceable for a consumer, it will not bind that consumer, but the rest of the Terms will continue to operate.

VovoCare will comply with mandatory local rules in countries where it operates, including Portugal and Spain, such as care, platform, consumer, labor, electronic-contract, local-language, and complaint-process requirements. Corporate registration, registered office, and VAT details will be published or updated once formal incorporation or registration takes place.

If Caregivers are considered business users under EU Platform-to-Business Regulation 2019/1150, VovoCare will provide fair treatment, notice of material changes, internal complaint handling, mediation where required, and transparency regarding ranking factors such as response time and reviews.

The EU Online Dispute Resolution platform was discontinued as of July 2025. Users may contact VovoCare directly, and VovoCare will cooperate in good faith with available pan-European or national ADR bodies where applicable.

Nothing in these Terms limits mandatory jurisdiction or consumer-protection rights under EU law, including rights under Brussels I rules that may allow consumers to bring claims in their home courts.

By using the VovoCare Platform, you agree to these Terms of Service. Thank you for trusting VovoCare and joining our mission to provide dignified, innovative eldercare services.