Agency Terms of Service
Home Care Helper Effective date: October 11, 2026 ยท Last updated: October 11, 2026
These Agency Terms of Service ("Agency Terms") are a binding agreement between The Home Care Helper Group LLC, a Florida limited liability company ("Home Care Helper," "we," "us," or "our"), and the home care business that creates an account or buys lead credits ("Agency," "you," or "your"). The person who accepts these Agency Terms confirms that they have authority to bind the Agency.
You accept these Agency Terms by checking the box at sign-up, by buying lead credits, or by accepting a lead. If you don't agree, don't use the Services.
1. Definitions
- "Lead" means a request from a consumer (a "Family") for in-home, non-medical care information, including the Family's contact details and care-request details, that we deliver to you.
- "Lead Credit" means one prepaid unit that is used up when one Lead is delivered to you.
- "Lead Pack" means a bundle of Lead Credits bought through our checkout.
- "Portal" means our online agency portal and related notifications.
- "Services" means the Portal, Lead delivery, and everything else we provide to you under these Agency Terms.
2. The Services
2.1 Matching. We generate Leads through advertising and other marketing channels and deliver each Lead to one agency whose service area (ZIP codes), care types, accepted payment types, and capacity settings match it.
2.2 One agency per Lead. We deliver each Lead to only one agency at a time. We will not deliver the same Lead to another agency while you are working it, and you will never receive the same Lead twice. If you return a Lead under Section 5, decline it, or can't serve it, or the Family asks for a different agency, we may deliver it to another agency. Exclusivity is per Lead only. We do not grant exclusive territories, ZIP codes, or markets, and we may deliver other Leads in the same area to other agencies.
2.3 No guarantees. We don't guarantee any number of Leads, how fast Leads will arrive, how many will answer your calls, or any number of assessments, clients, hours, or revenue. Results depend on factors we don't control, including your speed to contact, your pricing, and your sales process. Any estimates, forecasts, or examples we share about Lead volume, cost, or results are estimates only and are not promises.
2.4 Your settings. You control your service area, care types, accepted payment types, delivery caps, and pause settings in the Portal. Delivery follows your settings as they are when we route each Lead. Keep them accurate.
2.5 Payment types we route. We currently route only Leads paying privately, through long-term care insurance, or through veterans' cash benefits paid to the veteran (such as VA Aid and Attendance). We do not knowingly route Leads paid for by Medicaid, Medicaid waiver programs, Medicare, or other government health care programs. If you receive a Lead that turns out to be one of those, return it under Section 5.
3. Lead Credits and payment
3.1 Prepaid. Leads are paid for in advance by buying Lead Packs at the prices shown at checkout. Payments are processed by our payment processor, Whop. We don't store your card details. Prices may change for future purchases; credits you've already bought keep the price you paid.
3.2 Use of credits. One Lead Credit is used each time a Lead is delivered to you. When your balance reaches zero, delivery stops until you buy more.
3.3 Auto-refill. If we offer auto-refill and you turn on auto-refill, you authorize us (through Whop) to charge your payment method for the Lead Pack you choose each time your balance falls below the level you set, until you turn auto-refill off in the Portal.
3.4 No refunds. All Lead Pack purchases are final and non-refundable. If a Lead qualifies for a return under Section 5, the remedy is a replacement Lead Credit, never cash. Unused Lead Credits have no cash value, can't be transferred, and are not refunded if your account is closed, suspended, or terminated.
3.5 Chargebacks. You agree not to dispute or charge back any Lead Pack purchase with your bank or card issuer. Any problem with a Lead must go through the return process in Section 5. If you start a chargeback or payment dispute: (a) delivery stops immediately; (b) we may suspend or terminate your account; (c) we may submit Lead delivery records and these Agency Terms to the payment processor as evidence; and (d) you owe us the disputed amount plus any chargeback fees and reasonable collection costs.
3.6 Taxes. Prices don't include taxes. You are responsible for any taxes that apply, other than taxes on our income.
4. Your responsibilities
4.1 Licensing and qualifications. You represent and promise that you are, and will remain, licensed, registered, and insured as required by every state and locality where you provide services, and that the information you give us (including your legal name, license details, and service area) is accurate. You will tell us within 5 business days if any license is suspended, revoked, or expires. You also represent that you screen caregivers as required by law (including any required background checks), that you carry general and professional liability insurance in reasonable amounts, and that neither you nor your owners or managers are excluded from any federal or state health care program (for example, on the HHS OIG exclusion list). We may ask for proof of your licenses, insurance, and screening practices at any time, and we may pause delivery until you provide it.
4.2 Prompt, professional contact. You will contact each Family promptly after delivery (we recommend within 15 minutes) and treat Families honestly and respectfully. You won't misrepresent your services, pricing, or relationship with Home Care Helper. You will not charge a Family any fee for being referred by us, or pass our Lead fee on to a Family as a separate charge.
4.3 Calls and texts (TCPA). You are solely responsible for complying with the Telephone Consumer Protection Act, the Telemarketing Sales Rule, state telemarketing and "mini-TCPA" laws (including calling-hour rules), and Do-Not-Call rules in all of your communications with Families. You will honor every opt-out or "do not contact" request immediately, keep a record of it, and tell us about it in the Portal. Your contact with a Family must relate to the care request the Family submitted.
4.4 HIPAA and privacy. Once you receive a Lead, you are responsible for protecting it under every privacy and security law that applies to you, including HIPAA if you are a covered entity, state health-data and privacy laws, and data-breach laws. If a Family becomes your client, you handle their information as your own records under the laws that apply to you. Home Care Helper is not your business associate.
4.5 Permitted use only. You may use a Lead only to contact that Family about the care it requested and to provide care if the Family chooses you. You may not sell, resell, rent, share, transfer, or disclose any Lead to any other person or business, including other agencies, franchisees, affiliates, or referral services. You may not use Leads to build marketing lists or for any other purpose, or upload them to advertising platforms.
4.6 Security. You will protect Leads and your Portal login with reasonable administrative, technical, and physical safeguards. Each user must have their own login. Don't share passwords. You will tell us within 72 hours if you learn of any unauthorized access to Leads or your account.
4.7 Outcome updates. You agree to update the status of each Lead in the Portal (for example, contacted, assessment scheduled, client started, or not interested). We use this information to improve matching and to resolve returns.
4.8 Families' rights requests. If a Family asks us to delete their information or stop contact, we will tell you, and you will honor that request as the law requires.
4.9 Sharing your information with Families. We may give a Family your business name, phone number, website, and other business contact details so the Family knows who will contact them and can reach you.
4.10 Contacting you. You agree that Home Care Helper may contact you and your users by phone, text message, and email at the numbers and addresses on your account, including with automated technology, about your account, Leads, billing, and our services. Message and data rates may apply. You can opt out of marketing messages at any time; we will still send messages about your account and Leads. Calls with us may be recorded for quality and record-keeping, and we will tell you at the start of the call.
4.11 Feedback. If you give us suggestions or feedback about the Services, we may use them without any obligation to you.
5. Returning a Lead (credit only)
5.1 Return window. You may request a return in the Portal within 72 hours after a Lead is delivered. Requests after 72 hours will not be accepted.
5.2 Valid return reasons. A Lead qualifies for a return only if:
- the phone number is disconnected, invalid, or belongs to someone who did not make the request, and the email address (if provided) is also invalid;
- it duplicates a Lead delivered to you in the past 90 days;
- the care location is outside the service area set in your Portal when the Lead was delivered;
- the request is fake, a prank, a test, or a job-seeker rather than someone seeking care;
- the Family says it never requested care information; or
- the care is to be paid only by Medicaid, a Medicaid waiver program, Medicare, or another government health care program.
5.3 Not valid return reasons. A Lead doesn't qualify for a return because you couldn't reach the Family after it was delivered, the Family chose another provider, decided not to start care, or thought your price was too high, or because care needs or timing changed. A Lead also doesn't qualify because it did not reach your CRM, email, or another outside system, or reached it late, because of a problem with that system or an integration; Leads are always available in the Portal.
5.4 Decisions. You must give the reason and any supporting details we ask for (such as call logs). We will review each return in good faith and decide within 5 business days. Some returns (such as disconnected numbers or duplicates) may be approved automatically. If we approve a return, we credit one Lead Credit to your account and may route the Lead to another agency. Our decision is final. We may limit or deny returns if your return rate is unusually high or if we see abuse.
6. Portal and accounts
You are responsible for everything done through your account. You will keep login details and contact information current and enable multi-factor authentication. We may change, add, or remove Portal features at any time.
7. Suspension and termination
7.1 By you. You can pause delivery in the Portal at any time and close your account by emailing support@homecarehelper.com.
7.2 By us. We may suspend or stop delivering Leads, or terminate your account, at any time if we reasonably believe that you have broken these Agency Terms or the law, that Families have complained about you, that your license is not valid, or that continuing creates legal, safety, or reputational risk. We may also stop offering the Services in any area, or entirely, on 14 days' notice.
7.3 Effect. When your account ends, Lead delivery stops and unused Lead Credits are forfeited, except that if we terminate the Services or your account for our convenience and not because of your breach, we will refund the unused Lead Credits at the price you paid. Sections 3.4, 3.5, 4.3 through 4.6, 4.8, and 8 through 12 survive termination.
8. Confidentiality and our property
The Portal, our software, our matching methods, and our brand belong to us. You may not copy, scrape, reverse engineer, or resell them. Non-public information we share about pricing, volumes, and the Portal is confidential and may be used only to use the Services.
9. Disclaimers
THE SERVICES AND LEADS ARE PROVIDED "AS IS." LEAD INFORMATION IS PROVIDED BY CONSUMERS, AND WE DON'T GUARANTEE THAT IT IS ACCURATE, COMPLETE, OR THAT ANY FAMILY WILL RESPOND OR HIRE YOU. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE RETURN PROCESS IN SECTION 5 IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEM WITH A LEAD.
10. Indemnification
You will defend, indemnify, and hold harmless Home Care Helper and its members, managers, employees, and contractors from all claims, losses, fines, penalties, damages, and costs (including reasonable attorneys' fees) arising from: (a) your care services or your caregivers' acts or omissions; (b) your calls, texts, emails, or other contact with Families, including any TCPA, telemarketing, or Do-Not-Call claim; (c) your use, disclosure, or security of Leads, including any privacy, HIPAA, or data-breach claim; (d) your breach of these Agency Terms; or (e) your violation of any law or license requirement.
11. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW: (A) NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR GOODWILL; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID US FOR LEAD PACKS IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT LIMIT YOUR PAYMENT OBLIGATIONS OR YOUR OBLIGATIONS UNDER SECTIONS 4.5 AND 10.
12. Disputes
12.1 Governing law. These Agency Terms are governed by the laws of the State of Florida and the Federal Arbitration Act, without regard to conflict-of-law rules.
12.2 Arbitration. Any dispute relating to these Agency Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, in the State of Florida. Judgment on the award may be entered in any court with jurisdiction. Either party may seek an injunction in court to protect its confidential information, intellectual property, or Leads, or to stop misuse of the Services.
12.3 No class actions. Claims may be brought only on an individual basis, not as a class, collective, or representative action.
12.4 Time limit. Any claim must be brought within one (1) year after it arises.
13. General
13.1 Independent contractors. We are independent contractors. Nothing creates a partnership, joint venture, franchise, employment, or agency relationship. You decide how to deliver care.
13.2 Changes. We may update these Agency Terms by posting the new version and emailing the account owner at least 14 days before it takes effect. Continuing to buy credits or accept Leads after that date means you accept the change.
13.3 Notices. We send notices to the email address on your account. You send notices to support@homecarehelper.com.
13.4 Assignment. You may not assign these Agency Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
13.5 Entire agreement. These Agency Terms, any order or checkout page, and our Privacy Policy are the entire agreement between us about the Services and replace any earlier discussions. If anything in an order conflicts with these Agency Terms, these Agency Terms control unless the order specifically says otherwise and is signed by us. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control (other than payment obligations).
13.6 Electronic acceptance. Acceptance by click or other electronic means is as binding as a signature.
14. Contact
The Home Care Helper Group LLC
support@homecarehelper.com
Home Care