Terms & Conditions

Last updated: March 13, 2026

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and MochaCare, Inc. ("MochaCare," "we," "us," or "our"). By accessing or using the MochaCare platform, including our website at mochacare.com, our staffing management application, AI-powered interviewing tools, and any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue all use of the Service.

These Terms apply to all users of the Service, including but not limited to home care agencies ("Agency Customers"), their administrators, caregivers, job applicants, candidates, and any other individuals who access or interact with the Service in any capacity ("End Users").

Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes. We encourage you to review these Terms periodically.

2. Description of Services

MochaCare is a software-as-a-service (SaaS) platform that provides AI-powered staffing and workforce management tools to home care agencies. The Service may include, without limitation: applicant tracking and hiring pipeline management; AI-powered and human-facilitated interview tools, including video and audio recording capabilities; automated candidate screening and evaluation; shift scheduling, dispatch, and roster management; compliance document management; SMS and voice communications; analytics and reporting dashboards; and other features as may be added or modified from time to time.

MochaCare reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice, and without liability to you.

3. Eligibility

The Service is intended for use by individuals who are at least 18 years of age. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Account Registration and Security

To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify MochaCare immediately of any unauthorized use of your account or any other breach of security. MochaCare shall not be liable for any loss or damage arising from your failure to comply with this section.

5. AI-Powered Interviews, Video, and Audio Recording

The Service includes AI-powered interviewing tools that may record, process, store, and analyze video, audio, images, and transcripts of interviews and other interactions ("Interview Content"). By participating in any interview or interaction facilitated through the Service, you expressly consent to the following:

  • Recording and Storage: Your video, audio, likeness, voice, and any statements made during the interview may be captured, recorded, stored, and retained by MochaCare on behalf of the Agency Customer for a period determined by the Agency Customer or as required by applicable law.
  • AI Processing and Analysis: Interview Content may be processed by artificial intelligence and machine learning systems for purposes including, but not limited to, transcription, summarization, sentiment analysis, candidate evaluation, and quality assurance. You understand and acknowledge that AI-generated assessments are tools to assist human decision-making and do not constitute final employment decisions.
  • Sharing with Agency Customers: Interview Content and any AI-generated analyses, summaries, or evaluations may be shared with the Agency Customer that initiated the interview, including their authorized personnel involved in the hiring process.
  • No Expectation of Privacy: You acknowledge that you have no expectation of privacy with respect to any Interview Content captured through the Service. You waive any claims related to the recording, use, or disclosure of Interview Content as described in these Terms.
  • Release of Likeness: You grant MochaCare and the applicable Agency Customer a non-exclusive, royalty-free, worldwide license to use, reproduce, store, and process your likeness, voice, and statements as captured in Interview Content solely for the purposes of providing the Service, including hiring evaluation, compliance documentation, quality improvement, and platform development.

6. Candidate Information and Data Processing

By submitting any information through the Service, including but not limited to personal details, employment history, professional certifications, licenses, resumes, references, and any other materials ("Candidate Information"), you acknowledge and agree to the following:

  • Candidate Information is collected by and on behalf of the Agency Customer. MochaCare processes this information as a service provider and data processor.
  • The Agency Customer determines how Candidate Information is used, retained, and disclosed within the scope of the Service.
  • MochaCare may use Candidate Information in aggregated or de-identified form for product improvement, analytics, benchmarking, and research purposes, provided such use does not identify any individual.
  • You are solely responsible for the accuracy and completeness of all Candidate Information you submit.
  • MochaCare is not liable for any employment decisions made by Agency Customers based on Candidate Information or AI-generated evaluations processed through the Service.

7. Information Collection and Technical Data

By accessing or using the Service, you consent to the automatic collection of technical and usage data, including but not limited to:

  • IP Addresses: We collect and log your Internet Protocol (IP) address each time you access the Service. IP addresses may be used for security and fraud prevention, rate limiting and abuse detection, geographic analytics, compliance with legal and regulatory requirements, and enforcing these Terms.
  • Device and Browser Information: We collect information about the device and browser you use to access the Service, including device type, operating system, browser type and version, screen resolution, and language preferences.
  • Usage Data: We collect data about how you interact with the Service, including pages visited, features used, timestamps, click patterns, session duration, and referral sources.
  • Cookies and Tracking Technologies: We use cookies, web beacons, pixels, and similar technologies to collect information, maintain sessions, and improve the Service. By using the Service, you consent to the use of these technologies as described in our Privacy Policy.

You acknowledge that the collection of this technical data is essential to the operation, security, and improvement of the Service and that you have no objection to such collection.

8. Intellectual Property

All content, features, functionality, software, designs, text, graphics, logos, trademarks, and other materials available through the Service (collectively, "MochaCare Content") are the exclusive property of MochaCare or its licensors and are protected by United States and international intellectual property laws. You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, or create derivative works based on any MochaCare Content without our prior written consent.

All AI models, algorithms, machine learning systems, and proprietary technologies used in the Service are the exclusive property of MochaCare. No right, title, or interest in any MochaCare intellectual property is transferred to you by these Terms or by your use of the Service.

9. User Conduct

You agree not to use the Service for any unlawful purpose or in violation of these Terms. Without limiting the foregoing, you agree not to: (a) interfere with or disrupt the Service or servers or networks connected to the Service; (b) attempt to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service; (c) use any robot, spider, scraper, or other automated means to access the Service; (d) transmit any viruses, malware, or other harmful code; (e) impersonate any person or entity or misrepresent your affiliation with any person or entity; (f) collect or harvest any personal information from the Service without authorization; (g) use the Service to discriminate against any individual in violation of applicable law; or (h) use the Service in any manner that could damage, disable, overburden, or impair the Service.

10. Employment and Hiring Disclaimer

MochaCare is a technology platform provider and is not an employer, employment agency, staffing agency, or joint employer. MochaCare does not make hiring, firing, compensation, promotion, or any other employment decisions. All employment decisions are made solely by the Agency Customers using the Service.

MochaCare does not guarantee employment, job placement, or any particular outcome from using the Service. The availability of job opportunities, interview invitations, or hiring decisions are solely within the discretion of the applicable Agency Customer.

MochaCare is not responsible for, and expressly disclaims any liability arising from: (a) any employment decisions made by Agency Customers, including decisions to hire, reject, terminate, or take any other employment action; (b) the accuracy, completeness, or legality of job postings, descriptions, or requirements posted by Agency Customers; (c) the working conditions, wages, benefits, or treatment provided by any Agency Customer; (d) any violation of employment, labor, or anti-discrimination laws by any Agency Customer; or (e) any disputes between an End User and an Agency Customer relating to employment or hiring.

AI-generated candidate assessments, scores, summaries, and recommendations are provided as informational tools only and should not be the sole basis for any employment decision. Agency Customers are solely responsible for ensuring that their use of the Service, including any AI-assisted hiring tools, complies with all applicable federal, state, and local employment laws, including but not limited to Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Credit Reporting Act, and any applicable state or local AI-in-hiring regulations.

11. No Guarantee of Accuracy

While MochaCare strives to provide accurate and reliable AI-powered tools, we do not warrant or guarantee the accuracy, completeness, reliability, or suitability of any AI-generated output, including transcriptions, evaluations, summaries, scores, or recommendations. AI systems may produce errors, biases, or inaccuracies. You agree that MochaCare shall not be liable for any decisions made or actions taken based on AI-generated output from the Service.

12. Third-Party Services and Links

The Service may contain links to or integrate with third-party websites, services, or content that are not owned or controlled by MochaCare. MochaCare has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that MochaCare is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, goods, or services.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOCHACARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

MOCHACARE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOCHACARE DOES NOT WARRANT THAT ANY AI-GENERATED CONTENT, EVALUATIONS, OR RECOMMENDATIONS WILL BE ACCURATE, COMPLETE, RELIABLE, OR FREE FROM BIAS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOCHACARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF MOCHACARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOCHACARE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO MOCHACARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, MochaCare's liability shall be limited to the greatest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless MochaCare, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property, privacy, or employment rights; (d) any Candidate Information or other content you submit through the Service; (e) any employment decisions you make using the Service or based on AI-generated output; (f) your failure to comply with applicable laws, including employment, anti-discrimination, data protection, and privacy laws; or (g) any dispute between you and any third party arising from your use of the Service. This indemnification obligation shall survive the termination of these Terms and your use of the Service.

16. Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

You and MochaCare agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and MochaCare, including but not limited to claims arising from or relating to your use of AI-powered interview tools, video or audio recordings, candidate evaluations, data processing, IP address collection, employment decisions, or any aspect of the Service (collectively, "Disputes"), shall be resolved exclusively through final and binding individual arbitration, rather than in court, except as set forth below.

16.1 Arbitration Rules and Forum

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, in effect at the time the arbitration is initiated. If the AAA is unavailable, the parties shall agree on an alternative arbitration forum. The arbitration shall be conducted by a single, neutral arbitrator. The arbitrator shall have the authority to grant any remedy that would otherwise be available in court, except as limited by these Terms.

16.2 Location and Procedure

The arbitration shall take place in San Francisco, California, unless otherwise agreed by the parties. You may elect to participate in the arbitration by telephone, video conference, or in person. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

16.3 Costs and Fees

Each party shall bear its own attorneys' fees and costs in connection with the arbitration, unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award reasonable attorneys' fees and costs to the prevailing party. Filing fees and arbitrator compensation shall be governed by the AAA's applicable rules and fee schedules.

16.4 Informal Dispute Resolution

Before initiating arbitration, you agree to first attempt to resolve any Dispute informally by contacting MochaCare at legal@mochacare.com with a written description of the Dispute, including your name, the nature of the claim, and the relief sought. MochaCare shall have thirty (30) days from receipt of the notice to attempt to resolve the Dispute informally. If the Dispute is not resolved within this period, either party may proceed to arbitration.

16.5 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Additionally, claims within the jurisdiction of small claims court may be brought in small claims court rather than arbitration.

16.6 Survival

This arbitration agreement shall survive the termination of these Terms, the termination of your account, and the cessation of your use of the Service. It is intended to be enforceable to the fullest extent permitted by applicable law.

17. Class Action and Jury Trial Waiver

YOU AND MOCHACARE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MULTI-PARTY, OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MOCHACARE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND MOCHACARE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

If the class action waiver in this section is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and resolved in a court of competent jurisdiction, and the remaining claims shall be arbitrated individually.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Subject to the arbitration agreement above, any legal action or proceeding that is not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction and venue of such courts.

19. Confidentiality

You agree to keep confidential any non-public information about the Service, including its features, functionality, performance, and any proprietary data or methodologies disclosed to you through your use of the Service. This obligation of confidentiality shall survive the termination of these Terms. This section does not prevent you from disclosing information as required by law or as necessary to exercise your rights under these Terms, provided that you give MochaCare prompt written notice of any such required disclosure (to the extent legally permitted) to allow MochaCare to seek protective measures.

20. Data Rights and Ownership

As between you and MochaCare, you retain ownership of any content you submit to the Service, subject to the licenses granted herein. You grant MochaCare a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works from, distribute, and display your content solely for the purposes of providing, maintaining, and improving the Service.

MochaCare retains all rights in data derived from the use of the Service, including aggregated, anonymized, or de-identified data. MochaCare may use such derived data for any lawful business purpose, including product improvement, research, analytics, and benchmarking, without restriction and without compensation to you.

21. Compliance with Laws

You are solely responsible for ensuring that your use of the Service complies with all applicable federal, state, local, and international laws and regulations, including but not limited to employment and labor laws, anti-discrimination and equal opportunity laws, data protection and privacy laws (including CCPA, GDPR, and other applicable data protection regulations), recording consent laws (including two-party consent requirements where applicable), immigration and work authorization laws, occupational safety regulations, and industry-specific regulations applicable to home care and healthcare staffing.

Agency Customers are solely responsible for obtaining all necessary consents from End Users prior to using the Service's recording, AI evaluation, and communication features, in compliance with applicable law. MochaCare is not responsible for any Agency Customer's failure to obtain required consents.

22. Termination

MochaCare may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to the arbitration agreement, class action waiver, indemnification obligations, limitations of liability, intellectual property provisions, and confidentiality obligations.

23. Force Majeure

MochaCare shall not be liable for any failure or delay in performing its obligations under these Terms caused by events beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, government actions, power outages, internet disruptions, cyberattacks, or failures of third-party service providers.

24. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect.

25. Entire Agreement

These Terms, together with our Privacy Policy and SMS Terms of Service, constitute the entire agreement between you and MochaCare with respect to your use of the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and MochaCare regarding the subject matter hereof.

26. Waiver

The failure of MochaCare to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by MochaCare.

27. Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder without the prior written consent of MochaCare. MochaCare may freely assign or transfer these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

28. Modifications to Terms

MochaCare reserves the right to modify, amend, or update these Terms at any time in its sole discretion. Material changes will be posted on this page with an updated "Last updated" date. We may, but are not obligated to, provide additional notice of material changes, such as via email or an in-platform notification. Your continued use of the Service after any modifications constitutes your acceptance of the revised Terms. If you do not agree with any modifications, your sole remedy is to discontinue use of the Service.

29. Contact Information

If you have any questions about these Terms, please contact us at:

MochaCare, Inc.
Email: legal@mochacare.com
General Support: support@mochacare.com
Website: www.mochacare.com