Terms & Conditions

Last updated: March, 2018

Welcome to the Joshin app and service (“App/Service”), connecting care providers (Joyamakers) and families in need of care services.

These Terms and Conditions are a legal agreement entered into by and between you and Joshin, LLC. (“Joshin,” “App/Service Owner,” “us” or similar terms). “You” or similar terms such as “user,” “visitor,” “Joymaker,” “care giver,” “family member, “care recipient” or similar, means you the individual using the App/Service, as well as any other person on whose behalf you are using the App/Service and any person or entity who may have or obtain rights through you.

The following Terms and Conditions, together with the Privacy Policy, disclaimers or terms that may appear elsewhere on the App/Service, which are incorporated herein by reference, (collectively, the “Terms and Conditions”) govern you access to and use of the App/Service, including any functionality and services offered on or through the App/Service and subscriptions, information and other items provided or purchased through the App/Service. Specific activities or services may be subject to additional terms posted in relation to such specific activities or services. In addition, if you have signed any separate agreement with Joshin (for example, to be a Joymaker, or for a family to receive care services), these Terms and Conditions and the Privacy Policy are in addition to that agreement.

Please read the Terms and Conditions carefully. You accept and agree to the most-recent version of these Terms and Conditions by performing any of the following: (i) using the App/Service or (ii) clicking a check-box indicating your agreement to these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access or use the App/Service.

This App/Service is owned and controlled by Joshin and is operated with the assistance of certain third parties.

Joshin reserves the right to make changes to the App/Service and its Terms and Conditions at any time. If you are dissatisfied with the App/Service, its content or Terms and Conditions, you agree that your sole and exclusive remedy is to discontinue using the App/Service.

You may only use this App/Service if you are at least eighteen (18) years of age, and you represent and warrant that you are at least eighteen (18) years of age.

Governing Law; Arbitration; Jurisdiction

These Terms and Conditions are governed by the laws of the State of Minnesota, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms and Conditions or any aspect of the relationship between you and Joshin (including any affiliates or related entities), whether based in contract, tort, statute, fraud, misrepresentation or other legal theory, will be resolved through final and binding arbitration in accordance with the American Arbitration Association’s rules and procedures. The arbitration shall take place in Minneapolis, Minnesota and the proceeding shall be confidential. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction. To the extent the arbitration provision above is not enforced for any reason, the parties hereby submit to the exclusive jurisdiction and venue of the federal and state courts located in Hennepin County, Minnesota and waive any claim of inconvenient forum.

YOU AGREE THAT JOSHIN AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY ARBITRATION OR DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR ANY SIMILAR COLLECTIVE LEGAL ACTION. YOU WILL PURSUE ANY CLAIM OR DISPUTE REGARDING JOSHIN IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS ACTION OR COLLECTIVE ACTION. ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.

The App/Service is controlled and operated from the United States, and is not intended to subject Joshin to any non-U.S. jurisdiction or law. Any use of the App/Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the App/Service’s availability at any time, in whole or in part, to any geographic area or jurisdiction that we choose. Any element or term of these Terms and Conditions that are prohibited by law shall be deemed modified to the minimal extent necessary for such term to comply with or be permitted by applicable law.

Intellectual Property Rights; Limited License to Install App

Unless otherwise noted, the App/Service and its entire content, features and functionality (including all information, software, text, displays, images, video, audio, and the compilation thereof) and any products offered via this App/Service are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Joshin, its suppliers or affiliates, or by third parties who have licensed their materials to Joshin and are protected by U.S. and international copyright, trademark, patent, trade secure and other intellectual property or proprietary laws. Joshin and its suppliers and licensors expressly reserve all intellectual property rights in all images, text, programs, products, processes, technology, content and other materials which appear on this App/Service.

Access to this App/Service does not confer and shall not be considered as conferring upon anyone any license under any of Joshin’s or any third party's intellectual property rights, other than the limited, personal, non-transferable, non-assignable, license to install the App on your mobile device, tablet, or similar computing device, solely and exclusively for your personal use.

Restrictions on Use

You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). You may not use, copy or share any content from the App/Service for any commercial purpose, nor for the purpose of creating or facilitating any competitive product or business. Any attempt to do any of the foregoing is a violation of the rights of Joshin and its licensors, specifically including but not limited to copyright rights. If you breach this restriction, you may be subject to prosecution and damages. You are not permitted to use the App/Service for any purpose other than as expressly permitted under these Terms and Conditions. You acknowledge that we, or a third party acting on our behalf, may audit your use of the App/Service, including remotely auditing activity on your mobile device, tablet, or other computing device (collectively referred to as a “computer”) for the purpose of detecting prohibited activity.

All licenses terminate immediately upon our written notice, and automatically upon the termination of your subscription/relationship with Joshin. You agree to de-install the App at any time upon our request, and permit us to remotely “wipe” or de-install the App from your computer at any time, with or without notice. We are not under any obligation to preserve or return to you any data you may have stored on or through the App.

Joshin’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Joshin. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this App/Service. Access to this App/Service does not authorize anyone to use any name, logo or mark in any manner.

Government Users

The App/Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Third Party Resources; Links

The App/Service may contain links to other websites and resources provided by third parties. Any such links are provided for your convenience only. We have no control over the contents of such third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The availability of any third party sites or resources through the App/Service does not imply our endorsement of or our affiliation with any provider of such third party sites or resources. If you decide to access any of the third party sites or resources linked to this App/Service, you do so at your own risk and subject to the Terms and Conditions, Privacy Policy, and other legal terms applicable for such sites or resources.

Changes to the App/Service

You agree and understand that the App/Service, including any and all features available via the App/Service, may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the App/Service implemented after your initial access to the App/Service shall be subject to these Terms and Conditions.

Your Account and Computer Data Safety

When and if you use the App/Service, it is your sole responsibility to restrict access to your computer and to maintain the confidentiality of your account information, password and any other account identifiers related to any personal account you created on the App/Service (the "Account") You also agree to accept sole responsibility for any and all activity that occurs under your Account. You should take reasonable steps to protect your computer systems and data from viruses, hackers, identity thieves and other similar problems.

App/Service Rules; User Content

Any feedback, comments, suggestions, ideas, materials and other submissions that you send to us through the App/Service or by email, mail, telephone, at our stores or otherwise, or in any social media accessible in the future through us or our App/Service or related to or associated with us ("User Content") are provided on a non-proprietary basis. By submitting User Content, you are granting us an irrevocable, perpetual, world-wide, assignable, sublicenseable, transferable and unrestricted license to the User Content for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, distribution or creating derivative works.

You are and shall remain solely responsible for any of your User Content, including its legality, reliability, accuracy and appropriateness. Joshin reserves the right to monitor, modify or delete any User Content, in our sole discretion.

In connection with the App/Service, you must not:
  • Post, transmit, or otherwise make available through or in connection with the App/Service, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious;

  • Use any device, software or routine that interferes with the App/Service;

  • Restrict or inhibit any other person from using the App/Service;

  • Collect, copy, “scrape,” or otherwise gather or harvest information about other users of the App/Service or Joshin families or Joymakers for any purpose, other than for using the App/Service to offer to provide or receive services through Joshin itself;

  • Reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the App/Service;

  • Use the App/Service in an unlawful or fraudulent manner, or pretend to be any person other than yourself;

  • Use the App/Service in a way that harasses other users or that is reasonably deemed offensive;

  • Engage in any political activity or any sales activity;

  • Post any illegal, discriminatory, harassing, offensive, or profane material;

  • Use the App/Service for any purpose other than for your own receipt of care services if you are a family, or your provision of services if you are a Joymaker;

  • Provide false or misleading information about yourself or any other person or entity;

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App/Service; the server on which the App/Service is stored, or any server, computer or database connected to the App/Service.

  • Use any automatic device, process or means to access the App/Service for any purpose, including monitoring or copying content on the App/Service; and

  • Otherwise attempt to interfere with the proper working of the App/Service.

  • Take any action that is prohibited by separate agreement (such as a Joymaker agreement or a family care agreement) between you and Joshin.

Nonsolicitation and Noncircumvention

You understand and agree that Joshin has developed its relationships with Joymakers, and with families and individuals using the App/Service, at great effort and expense.

Families, Guardians, Recipients of Care, you agree that during the term of this Agreement and for a period of six (6) months following termination or expiration of this Agreement, regardless of the reason for termination, you will not directly or indirectly attempt to enter into a care or support giving relationship, nor accept care or similar services from, any Joymaker listed within the App/Service. 

All users of the App/Service, regardless of whether you are a Joymaker, family member, guardian, or other user, expressly agrees that during the term of this Agreement and for a period of six (6) months following termination of this Agreement, you will not, either for itself or any other entity or person: (a) induce or attempt to induce any Joymaker to end or diminish their relationship with Joshin, (b) in any way interfere with the relationship between Joshin and any Joymaker, family, or other user.

Joymakers and Families

For all Joymakers (caregivers) and families that have entered into a separate agreement(s) between yourself and Joshin, you are additionally subject to the additional terms of any such agreement between yourself and Joshin, including but not limited to any agreement signed by you, and those terms are in addition to, and not in lieu of, these Terms and Conditions.  You agree to comply with the terms of the other agreement between you and Joshin.  

 

App/Service Access

We may discontinue all or part of this App/Service at any time. We may block, limit or terminate your access to this App/Service for any reason, including if: (a) you violate these Terms and Conditions; (b) you violate any applicable law or regulation relating to your use of this App/Service; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, interferes with the App/Service, is defamatory or otherwise harmful to us or others; (d) you breach any other agreement with us.

App/Service Access

We may discontinue all or part of this App/Service at any time. We may block, limit or terminate your access to this App/Service for any reason, including if: (a) you violate these Terms and Conditions; (b) you violate any applicable law or regulation relating to your use of this App/Service; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, interferes with the App/Service, is defamatory or otherwise harmful to us or others; (d) you breach any other agreement with us.

Additional App/Service Terms

*     The customer is responsible for updating personal contact information and care plan details.

*    The joymaker is responsible for updating information and profile.

Pricing, Availability and Accuracy

For all pricing / fees and availability, and similar details such as locations, as described in the App/Service are subject to change without notice. Errors will be corrected where discovered, and Joshin reserves the right to revoke any stated price or other term and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.

Disclaimer of App/Service Warranty and Liability

THIS APP/SERVICE, ITS CONTENTS, AND APP/SERVICE RELATED PRODUCTS AND SERVICES, INCLUDING CARE-GIVING NETWORK SERVICES, ARE PROVIDED "AS IS" AND “AS AVAILABLE,” AND WITH ALL FAULTS EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THESE TERMS OF USE. JOSHIN ON BEHALF OF ITSELF AND ITS SUPPLIERS AND COUNSELORS, DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION AND TITLE/NON-INFRINGEMENT.

TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER JOSHIN NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS APP/SERVICE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY PERSONAL INJURY, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS APP/SERVICE, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JOSHIN’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES EXCEED THE AMOUNT YOU HAVE PAID TO JOSHIN FOR SERVICES PROVIDED THROUGH THE APP/SERVICE IN THE PREVIOUS THREE (3) CALENDAR MONTHS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU AGREE THAT ACCESS TO AND USE OF THIS APP/SERVICE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS APP/SERVICE, OR RELATED SOFTWARE, DATA, EMAILS, PRODUCTS OR SERVICES ARE FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS ARE LIMITED AS REQUIRED BY APPLICABLE LAW. JOSHIN DOES NOT REPRESENT OR WARRANT THAT THE APP/SERVICE IS OR WILL REMAIN COMPATIBLE OR INTEROPERABLE WITH ANY PARTICULAR COMPUTER,OPERATING SYSTEM, OR THIRD PARTY SOFTWARE OR TOOL.

JOSHIN DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT WE WILL BE ABLE TO MEET YOUR CARE NEEDS OR THAT ANY JOYMAKER OR FAMILY / CARE-RECIPIENT IS APPROPRIATE FOR YOU AND/OR YOUR FAMILY; ONLY YOU CAN MADE THAT DECISION. JOSHIN IS NOT LIABLE FOR CANCELLATIONS OR CHANGES BY EITHER JOYMAKERS OR FAMILIES.

Indemnification

You agree to defend, indemnify and hold Joshin and its service providers and suppliers harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the App/Service and/or your breach of these Terms and Conditions or from any claim arising from your acts or omissions.

Infringing Material/DMCA.

Notification Procedures
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this App/Service infringe your copyright, you may request removal of those materials (or access to them) from the App/Service by submitting written notification to the email address listed in “Contact Information” below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the App/Service is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures
If you believe that material you posted on the App/Service was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter- Notice") by submitting written notification to the email address listed in “Contact Information” below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.

  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who provide or upload reviews, comments, or other materials that infringe the rights of others or are otherwise inappropriate or that violate any law or regulation or misuse this Site.

Contact Information

If you have questions or comments about these Terms and Conditions, please contact us via email at support@joshin.com or by telephone at 1-866-866-0345 You agree that we may communicate with you by any means and through any contact information you have provided to us, including through the App/Service messaging function.