1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the Silver Lining website, applications, and related services (collectively, the "Platform"), operated by Silver Lining, Inc. ("Silver Lining," "we," "us," or "our"). By creating an account, browsing companion profiles, posting a shift, or otherwise using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Platform.
2. Description of Service
Silver Lining operates as a California Domestic Referral Agency ("DRA") under California Civil Code § 1812.5095. We refer prospective Companions to Families seeking non-medical, shift-based companion and in-home support care for aging seniors. Silver Lining is not the employer of any Companion. When a Family confirms a shift with a Companion, the Family becomes the Companion's legal employer for purposes of that engagement, including wage, tax, and labor law obligations, unless otherwise required by applicable law.
Silver Lining does not itself provide caregiving services. We provide a marketplace, vetting pipeline, scheduling tools, messaging, and payment facilitation to connect Families and Companions.
3. Eligibility & Accounts
You must be at least 18 years old and capable of forming a binding contract to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to provide accurate, current, and complete information during registration and to keep it updated.
4. Family (Host) Obligations
- Provide accurate information about the care recipient's needs, home environment, and any relevant safety considerations.
- Comply with all applicable federal, state, and local employer obligations arising from engaging a Companion directly, including wage and hour law, workers' compensation coverage where required, and applicable tax reporting.
- Treat Companions with respect and refrain from requesting services outside the agreed scope of care.
- Pay for confirmed and completed shifts through the Platform's payment system.
5. Companion (Caregiver) Obligations & Vetting Disclaimer
Companions must complete Silver Lining's Trust Pipeline — identity verification, background check, state registry confirmation, professional references, a live interview, and soft-skills orientation — before earning Level 1 (Verified Companion™) status and becoming eligible to claim shifts.
Vetting reduces risk but is not a guarantee. Background checks, identity verification, and reference checks rely on third-party data sources (including Checkr and Stripe Identity) and public records that may be incomplete or inaccurate. Silver Lining does not guarantee the conduct, qualifications, or performance of any Companion, and Families are encouraged to exercise their own judgment, including conducting an in-person meeting before confirming a shift.
6. Fees & Payments
Silver Lining charges a platform fee of 15% on the value of each completed shift, added on top of the shift value and charged to the Family. The Companion receives the full shift value. Payments are processed through Stripe Connect. Companion payouts are issued on a daily or weekly basis as configured in your account settings. Silver Lining prepares applicable 1099 tax forms for Companions who meet IRS reporting thresholds, but Silver Lining does not provide tax advice.
7. Cancellation & Refunds
Families may cancel a posted or confirmed shift subject to the cancellation window shown at the time of booking. Cancellations made after a Companion has begun travel or after the shift start time may not be eligible for a full refund. Disputes over shift completion, quality, or billing may be raised through the Platform's support channel and are reviewed by Silver Lining staff on a case-by-case basis.
8. Prohibited Conduct
- Circumventing the Platform to arrange payment or future shifts outside Silver Lining once introduced through the Platform.
- Providing false identity, credential, or background information.
- Harassment, discrimination, or abusive conduct toward any user.
- Using the Platform for any unlawful purpose, including unlicensed medical care outside the scope of non-medical companion care.
9. Dispute Resolution
Most concerns can be resolved through Silver Lining's support team. If a dispute cannot be resolved informally, you and Silver Lining agree to first attempt resolution through binding arbitration on an individual basis, rather than in court, except where prohibited by law or where the claim qualifies for small claims court.
10. Limitation of Liability
To the fullest extent permitted by law, Silver Lining is not liable for indirect, incidental, or consequential damages arising from your use of the Platform, including damages arising from the conduct of any Family or Companion. Silver Lining's total liability for any claim arising out of these Terms is limited to the platform fees you paid in the twelve (12) months preceding the claim.
11. Termination
Silver Lining may suspend or terminate your account for violation of these Terms, failed vetting, or conduct that creates risk to other users. You may close your account at any time through Settings.
12. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated via email or an in-app notice before taking effect. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.
13. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.
14. Contact
Questions about these Terms can be sent to legal@silverlining.care or made by phone at (510) 555-0100.