Terms of Service
SitterStream, LLC is a software and platform company that facilities the on-demand delivery of virtual babysitting sessions for parents and caregivers in need of child care for 30-minute to 60-minute increments by connecting parents/caregivers with online babysitters for their children.
These Terms of Service govern your access to and use of the SitterStream, LLC websites (SitterStream.com and TheSitterStream.com) (together, the “Site”) and any services (the “Services”) offered on the Site. This is a legal agreement between you and SitterStream. (“we”, “us” or “SitterStream”).
By clicking the “I Agree” button on the account registration page, when using any Services, or by using the Site, you are agreeing that you have read, understand, and agree to be bound by these Terms of Service. If you do not agree, object, or are unable to agree to be bound by these Terms and Conditions, do not use the Site or the Services.
We may modify these Terms and Conditions 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. Your use of the Site or the Services after such posting will constitute acceptance by you of such changes.
1.0 Definitions and General Terms
1.1 The Terms and Conditions herein are a legal binding agreement between you as the Client and SitterStream.
1.2 Completion of the following – registering on the Site, completion of the babysitter Booking Form is instant acceptance of the SitterStream Terms and Conditions.
1.3 The word “SitterStream” refers to SitterStream, LLC.
1.4 The word “Client” refers to the person(s) (including parent or caregiver) or family using SitterStream services, but not a Babysitter.
1.5 The word “Babysitter” refers to any independent contractor rendering virtual babysitting services to Clients through SitterStream’s Services.
1.6 The words “Virtual Babysitting Session” refers to the 30 or 60 minute (or possibly longer) babysitting sessions between the Babysitter and Client, taking place online through Zoom or FaceTime (or possibly other online tele-conferencing provider).
1.7 The words “Booking Form” refers to the SitterStream document used by Clients to sign-up for Virtual Babysitting Sessions, and using the Booking Form to sign-up for Virtual Babysitting Sessions constitutes “Babysitting Bookings”.
1.8 The word “Sponsor” refers to a Client’s employer that agrees in writing or otherwise with SitterStream to pay and/or arrange for all or part of a Client’s Virtual Babysitting Sessions and/or to pay for Client’s monthly membership plan (referred to as “Subscriptions” in Section 3) with SitterStream.
1.9 The Terms and Conditions are the terms of which SitterStream offers the Client access to the Services and use of the Site and agency. By registering with SitterStream the Client agrees to abide by these Terms and Conditions. If the Client does not agree to abide by these Terms and Conditions, then the client shall refrain from using the Site.
1.10 Posting false, incomplete, inaccurate or illegal information is strictly prohibited and may be punishable by law.
1.11 Unlawful or illegal use will be reported to the proper authorities and may be punishable by law.
2.0 Client Obligations
2.1 Any correspondence or any other form of communication, including without limitation, verbally, written, text message or email, is confidential and the Client agrees not to disclose any such communication to third parties without the prior written permission of SitterStream.
2.2 All Babysitting Bookings for Virtual Babysitting Sessions require at least one (1) hour lead time.
2.3 All Babysitting Bookings for Virtual Babysitting Sessions must be made directly between the Client and SitterStream.
2.4 No Babysitting Bookings or exchange of fees, funds or monies are to be made directly with the Babysitter. If this term is violated the relevant fees will be charged to the Client.
2.5 The Client or its Sponsor agrees to pay SitterStream in advance for each Babysitting Booking, unless agreed to otherwise by SitterStream and Sponsor in writing.
2.6 In the event SitterStream, in its absolute discretion, believes that there is sufficient negative, inappropriate or otherwise concerning feedback regarding the Client or child(ren)’s conduct, then SitterStream may cancel the Session. This includes circumstances where the child(ren) refuses to stay on video and/or visible to the Babysitter or engages in conduct that leads the Babysitter or SitterStream to conclude Virtual Babysitting Sessions does not offer an appropriate level of supervision for the child(ren).
2.7 The Client or other responsible adult designated by the Client agrees to be home and to be either in the same room or an adjoining room to where the child or children are located, at all times during the entire Session.
2.8 The Client agrees that a Babysitting Booking for Virtual Babysitting Session is not confirmed until a communication from the Babysitter is received.
2.9 The Client or other designated responsible adult agrees to be immediately reachable at all times via cell phone, including by text, during the entire Virtual Babysitting Session so the Babysitter can contact the Client or other responsible adult if a child moves out of sight of the camera or is otherwise not engaged with the Babysitter.
2.10 The Client agrees that SitterStream requires our Babysitters to be in an occupationally comfortable and safe environment.
2.11 The Client agrees and acknowledges that SitterStream does not guarantee that a Babysitter will be available at all times, but Sitterstream will do its best to make Virtual Babysitting Sessions available as requested by Client.
3.1 Fees are payable in US Dollars.
3.2 Subscription Renewals and Cancellation. Subscriptions will continue until cancelled by the Client. At the end of your Subscription period, your Subscription will automatically renew for the same Subscription period (for example, monthly or annually) at the then-current Subscription rate for the applicable Subscription plan, unless you cancel your Subscription before it renews.
3.3 SitterStream reserves the right to increase our fees at any time upon thirty (30) days’ prior notice to Client.
3.4 Notwithstanding the foregoing, Section 3 shall not apply where SitterStream has a written agreement with a Sponsor. The terms of said agreement shall govern the terms of your Subscription.
4.0 Cancellation Policy
4.1 All bookings are non-refundable. Rescheduling is permitted if made 8 hours prior to session start time.
4.2 If the Babysitter cancels the same day of the Virtual Babysitting Session, then SitterStream will use best efforts to assist in finding a suitable replacement through its platform.
4.3 SitterStream reserves the right to cancel immediately any babysitting services if Babysitter has been mistreated, working in an unsafe environment or is harmed in any way.
5.0 Refunds & Guarantee
5.1 Although SitterStream endeavors to find a babysitter on request, we cannot always guarantee this will be possible.
5.2 In the unfortunate circumstance where a Babysitter cannot be found on the requested date, Client will have the ability to reschedule for another time.
5.3 If the booked Babysitter cancels or no-shows to the booking, as set forth in Section 4.2, and a second Babysitter cannot be found, Client will have the ability to reschedule for another time; provided, however, that SitterStream is not responsible for a Babysitter no-showing or cancelling and as such is not liable for any damages or liabilities connected or related to such instances.
5.4 Although SitterStream has high expectations of our Babysitters and we aim to provide you with exceptional Babysitters there is still no complete guarantee of reliability, honesty and character of the Babysitter provided by the agency. Any concerns, please contact us immediately.
6.1 By using SitterStream, the Client expressly authorizes SitterStream to collect and publish information about them as detailed in these terms and conditions and the Client expressly waives any rights, whether statutory or at common law, to bring any legal action against SitterStream as a result of SitterStream’s publication of such information, whether the Client considers that information to be fair and accurate or not.
6.2 SitterStream endeavors to validate the background of our Babysitters through reference checks. We cannot guarantee that all the information is correct. SitterStream conducts reference checks and conducts interviews.
6.3 The Client is responsible for ensuring that their homeowners or rental insurance policy includes personal liability coverage in the event of bodily injury (including death) or property damage in or about their homes where the Virtual Babysitting Sessions occur.
6.4 The Site may contain links to third party advertisements and links to third party sites. Access to any other Internet site linked to the Site, is at the Client’s own risk. SitterStream accepts no responsibility for the accuracy or reliability of any information, opinions, or statements made in any third-party advertisements or on any third-party sites.
6.5 Any outside users from other countries can access the Site. SitterStream makes no representation that materials on the Site are appropriate or available for use in locations outside the United States. Accessing the Site from countries where the Site’s contents are illegal, is prohibited. Users who choose to access the Site from outside the United States do so at their own initiative and are responsible for compliance with local laws.
6.6 Outside users, as described in Section 6.5, Clients (including from outside the United States) and users of the Site expressly waive any rights whether statutory or at common law, to bring any legal action against SitterStream as a result of SitterStream's publication of content within the Site.
6.7 SitterStream accepts no liability or responsibility for accident, injury, loss, damage or misconduct sustained by Babysitters, Client, a child of a Client or any other persons, arising out of or related to a Virtual Babysitting Session, Babysitting Booking or through use of a Babysitter found through the Site. This includes, but is not limited to, liabilities that may arise from action or inaction by the Babysitting before, during or after a Virtual Babysitting Session, or any damages, liabilities or injury sustained by the child of the Client before, during or after a Virtual Babysitting Session. The Client agrees to release SitterStream from any and all liability should any such incidences occur, including, but not limited to, from any and all claims, damages, suits and liabilities of any kind should any such or similar incidents occur.
6.8 SitterStream accepts no liability or responsibility for the transfer of data over communications facilities, including, but not limited to, the internet, Zoom and FaceTime or other similar service providers, or the limitations, delays, hacking, interruptions and other problems inherent in the use of such communications facilities.
6.8 SitterStream accepts no liability or responsibility for any unlawful conduct or morally reprehensible acts by Babysitters during Virtual Babysitting Sessions.
7.1 All communication between SitterStream and the Client shall remain confidential.
7.2 SitterStream requires the Client to provide accurate details of their contact information and full name.
7.3 SitterStream will release account and other personal information only when the release is appropriate for the function of the Site, to comply with the law; enforcement of our terms and conditions; or protect the rights, property, or safety of SitterStream, our users or others.
8.1 SitterStream does not sell or rent the Client’s personal information or identification to third parties.
8.2 SitterStream may employ other companies and individuals to develop, maintain and improve the Site. These people have access to personal information stored within this Site in relation to performing their work. This information is confidential and they may not use it for other purposes.
8.3 SitterStream will release information to third parties when it believes this is appropriate to comply with the law, police or fraud investigations, to protect the rights of SitterStream, our intellectual property (if any), our Clients, Site users or others.
9.1 No warranty is given for suitability, honesty and capability, character of any Babysitter.
SitterStream makes no warranties or representations as to the quality, accuracy or completeness of the content on the Site or the information otherwise provided by any Client.
9.2 While SitterStream uses reasonable endeavors to ensure that the Site is available 24 hours a day, SitterStream does not make any representations or warranties that the Client’s access will be uninterrupted or error free. Access to the site may be suspended temporarily without notice in the case of system failure, web hosting errors, maintenance or repair or any reason beyond our control.
10.1 Client agrees that all disputes will be resolved through mediation before any suite can be brought. Please contact us immediately.
11.0 Copyright and Trademarks
11.1 All content on SitterStream’s Site – texts, graphics, images, HMTL codes and other material (collectively the “Material”) are the property of SitterStream. The Client, user or any other person may not use these materials without the expressed written permission of SitterStream.
12.0 Choice of Law
12.1 These Terms of Service, its interpretation and performance, the relationship between the parties, and any disputes arising from or relating to any of the foregoing, shall be governed, construed, interpreted, and regulated under the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws.
13.1 Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, these Terms of Service or the transactions contemplated hereby may be brought in any federal or state court located in Suffolk, Norfolk or Middlesex counties in the Commonwealth of Massachusetts, and each party hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing, each party agrees that service of process on a party by USPS certified mail/return receipt requested or by overnight mail courier delivered by USPS, UPS, Federal Express or DHL or their successors shall be deemed effective service of process on such party if delivered to the party’s address in these Terms of Service or to the last known address provided by the party being served to the serving party in connection with these Terms of Service or otherwise obtained, and believed in good faith to be a proper address, by the serving party.
Updated June 11, 2020