Sobriety Companion Terms of Service and Release of Liability

Company: Sobriety Companion LLC ("Company", "we", "us", or "our")
Platform: Sobriety Companion mobile and web application ("App")

1. Introduction, Definitions, & Electronic Agreement

Welcome to Sobriety Companion, where our mission is Support Wherever You Are. Sobriety Companion is a technology platform that facilitates non-clinical peer recovery support services and connects users with professional Sober Companions. This document is a binding agreement between you and Sobriety Companion LLC. By accessing the App, creating an account, or clicking "I Agree," you consent to these Terms and our Privacy Policy under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

• "Platform for Recovery Support": Refers to the App's specialized environment designed to support professional, peer-led, non-clinical recovery services such as sober companionship, 24/7 sober-sitting, sober transport, lifestyle and wellness support, social support and community integration, and education and resource navigation.
• "Sober Companion" / "Peer Specialist": An independent contractor providing non-clinical recovery support, accountability, and companionship based on professional training and lived experience.
• "Recovery Specialist": An independent contractor providing non-clinical recovery coaching, lifestyle and wellness support, family education, community integration support, and related professional companion services.

2. Eligibility & Services for Minors

You must be at least 18 years of age to register for an account, sign up to be a companion or independently book any services or sales on the Platform. If a parent, legal guardian, or authorized representative utilizes the Platform to book services on behalf of a minor, that parent or guardian assumes 100% of all legal liability, agrees to the Assumption of Risk and Release of Liability on the minor's behalf, and provides explicit consent for the non-clinical peer support services rendered.

3. Emergency Disclaimer: Not a Crisis Service

4. Recovery Philosophy, Non-Clinical Limitation, & Assumption of Risk

Sobriety Companion supports multiple pathways to recovery and provides a professional, patient-centered environment for peer-led, non-clinical recovery support. To maintain strict compliance with applicable regulations governing addiction support services, you acknowledge and agree to the following limitations:

• No Guarantee of Sobriety or Outcomes: Addiction is a chronic condition with a high risk of relapse. Sobriety Companion LLC and the Companions on the Platform make no guarantees regarding continued sobriety, behavioral changes, or any specific health or recovery outcomes. Users assume all inherent risks associated with recovery and utilizing companion services.
• No Clinical Services: The App does not provide medical care, psychological therapy, diagnosis, or treatment of any condition. Sober Companions and Recovery Specialists provide non-clinical peer recovery support only.
• No Prescribing Functionality: The App does not contain, support, or integrate with any electronic prescribing software. No companion or specialist may issue prescriptions of any kind through the Platform.
• Adherence Reminders Only: Sober Companions may provide medication-adherence reminders consistent with the client's existing treatment plan, but they do not dispense or administer medication.
• External Treatment: Users requiring medical care, psychological therapy, medication management, or Medication-Assisted Treatment (MAT) must obtain those services from licensed providers external to and unaffiliated with the App.

5. The "Conduit" Clause, Nature of Services, & Disavowal of Agency

Sobriety Companion LLC operates strictly as a technology conduit and software provider, not a direct provider of healthcare, an addiction treatment facility, an employer, or a pharmacy. You acknowledge and agree that:

• Technology Provider Only: The App facilitates the connection between users and independent Sober Companions but is not a party to that relationship. The core business of Sobriety Companion LLC is software development and platform administration.
• Independent Contractor Status: Sober Companions and Recovery Specialists are entirely independent contractors operating their own distinct businesses. Nothing in this Agreement is intended to create, nor shall it be construed as creating, a partnership, joint venture, agency, or employer-employee relationship.
• Freedom from Control: Companions are free from the direction and control of Sobriety Companion LLC regarding how they perform their services. Companions retain the absolute right to determine their own schedules, accept or decline any client engagement at their sole discretion, and utilize their own independent professional methods. There are no minimum hour requirements, no quotas, and no required acceptance rates.
• No Exclusivity: Companions are expressly permitted and encouraged to maintain their own private practices, advertise their own services, and utilize competing platforms simultaneously.
• External Advice: All recovery decisions, treatment plans, and clinical advice are between the User and the User's licensed treating providers, who are external to the platform.

6. Service Model: Non-Clinical Peer Recovery Support

The App facilitates a continuum of non-clinical recovery support services, including but not limited to sober-sitting, sober companionship, sober transport, recovery coaching, lifestyle and wellness support, social support and community integration, education and resource navigation, and family coaching. It is the User's responsibility to understand that:

• Peer Support is Non-Clinical: Sober Companions and Recovery Specialists are not acting as therapists, counselors, or physicians. Their role is limited to professional companionship, mentorship, and recovery accountability.
• Companions May Hold Outside Credentials: Some companions may independently hold advanced degrees or active clinical licenses. While operating on this Platform as Peer Specialists, they perform a non-clinical role only.

7. Privacy, Confidentiality, & Mandatory Reporting

To support a professional recovery environment, we maintain high standards of data security:

• Compliance: The App is built to align with the Health Insurance Portability and Accountability Act (HIPAA) and 42 CFR Part 2 (Confidentiality of Substance Use Disorder Patient Records).
• Authorized Coordination: Where you provide written authorization, the App may transmit recovery-related information to specific authorized members of your treatment team or designated family members for the purpose of coordinated recovery support.
• Confidentiality: Information shared on the Platform is treated with the same discretion expected of a professional treatment environment and is not re-disclosed except as permitted by law or by your written authorization.
• Mandatory Reporting & Duty to Warn: While confidentiality is paramount, Users acknowledge that Companions operate as independent entities and may be considered mandatory reporters under local, state, or federal law. Companions may be legally obligated to report suspected child abuse, elder abuse, or direct threats of imminent violence or self-harm to the appropriate authorities. Such reporting does not constitute a breach of this Agreement or the Privacy Policy.

8. Provider Vetting & Trust Standards

Sobriety Companion LLC mandates a high standard of vetting for all Sober Companions and Recovery Specialists to help ensure user safety:

• Comprehensive Background Checks: All companions must pass a rigorous criminal history, identity verification, and sex-offender registry background check to operate on the platform.
• Vetting Protocols: We perform direct verification of professional credentials, certifications, identity documents, and references.
• Drug Testing: All companions are subject to initial and periodic drug screenings.
• Disclaimer: While we perform these extensive checks, Sobriety Companion LLC is not liable for the independent actions of contractors outside the technological scope of the Platform.

9. No "Pay-to-Play" Liability

The payment of fees associated with background checks, credential verification, and drug testing is a requirement for the vetting process and does not guarantee approval, onboarding, or access to the Platform. These fees are non-refundable and are utilized strictly to cover the administrative costs of the screening process. Sobriety Companion LLC reserves the right to deny any applicant who submits fraudulent, expired, or otherwise insufficient identification or documentation, or who fails to meet any safety or trust standards.

10. Release of Liability & General Indemnification

To the fullest extent permitted by law, Sobriety Companion LLC and its "Released Parties" are not liable for:

• The personal conduct of any Sober Companion, Recovery Specialist, or User.
• Any decisions made by a User's external licensed treatment providers.
• Any relapse, injury, or health outcome resulting from the use of the App.
• Any outcome resulting from the platform's non-clinical scope.

You agree to indemnify and hold harmless Sobriety Companion LLC from any claims arising from your breach of these Terms or your interactions with other users.

11. Intellectual Property

All App content, design, proprietary "Platform for Recovery Support" workflows, and code are the exclusive property of Sobriety Companion LLC. Unauthorized reproduction or "off-platform" solicitation of companions met through the App is strictly prohibited and may result in legal action.

12. Dispute Resolution, Governing Law, & Severability

• Governing Law & Venue: This agreement and any disputes arising from it shall be governed exclusively by the laws of the State of Florida, without regard to its conflict of law principles. Any legal proceedings or arbitration shall take place exclusively in the State of Florida.
• Mandatory Confidential Arbitration: Any disputes, controversies, or claims arising out of or relating to these Terms, the Independent Contractor relationship, misclassification claims, or use of the App shall be settled through mandatory, binding, and confidential arbitration administered by the American Arbitration Association (AAA) under its commercial rules.
• Class & Collective Action Waiver: YOU EXPLICITLY WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION (INCLUDING PRIVATE ATTORNEY GENERAL ACT CLAIMS), OR JURY TRIAL. All claims must be brought on an individual basis.
• Jury Trial Waiver: Both parties explicitly waive the right to a trial by jury for any dispute arising out of this Agreement.
• Severability: If any provision of these Terms (including any portion of the arbitration or class action waiver provisions) is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that specific provision shall be severed, and the remaining provisions of these Terms shall remain in full force and effect.

13. Entire Agreement & Amendments

This Terms of Service, along with the Privacy Policy and any future Informed Consent documents, constitutes the entire agreement between you and Sobriety Companion LLC. The Company reserves the right to amend these Terms at any time; continued use of the App following any updates constitutes acceptance of the revised Terms.

14. Contractor Independence, Tax Indemnification, and Expenses

• No Guarantee of Work: Sobriety Companion LLC does not guarantee any minimum volume of referrals, clients, revenue, or usage of the Platform. Companions acknowledge that work is strictly "as-needed," and they have no legal claim to lost wages or breach of contract due to a lack of client bookings.
• Tax Responsibility & Indemnification (1099 Status): Companions are issued IRS Form 1099s and are solely responsible for calculating, reporting, and paying all local, state, and federal taxes (including income tax, self-employment tax, and payroll taxes) on earnings generated through the Platform. The Companion agrees to indemnify and hold Sobriety Companion LLC harmless from any tax liabilities, penalties, interest, or legal costs incurred by the Company as a result of the Companion's failure to pay applicable taxes, or in the event a government agency attempts to reclassify the Companion as an employee.
• Equipment, Insurance, and Licensing: Companions are solely responsible for providing their own equipment (including mobile devices and internet connection) and maintaining any necessary local business licenses, auto insurance, health insurance, and professional liability insurance. The Company does not provide workers' compensation or liability insurance for Companions.
• Companion Responsibility for Travel and Operational Expenses: Companions are solely responsible for any and all expenses incurred while providing services through the Platform, including travel costs and out-of-pocket expenses. Sobriety Companion LLC does not provide separate reimbursements for these costs, and they must be incorporated into the Companion's selected hourly rate. Some mileage coverage may automatically be calculated in the price disbursed to the Companion for certain in-person sessions that exceed a designated long-distance travel threshold set within the Platform. Any travel surcharges collected from a client will be passed through to the Companion at 100% without Platform fee deductions.

15. Schedule Adherence, Location Services, and Service Fulfillment

• Service Fulfillment: Companions are contractually obligated to fulfill the precise duration of service hours purchased by the Client through the Platform. Companions shall conclude services and vacate the premises promptly upon the expiration of the booked session time. In the event of a delayed arrival by the Companion for any reason, including travel distance or transit delays, the Companion's obligation to render the exact paid duration of service remains absolute, with the full allotted service time commencing upon their actual arrival.
• Location Tracking & GPS Consent: The App utilizes location services and background GPS data to calculate mileage, confirm safe arrivals, and facilitate billing. By using the Platform, you consent to this digital tracking. Sobriety Companion LLC assumes no liability for inaccuracies in GPS data or subsequent battery drain on mobile devices.

16. Classes and Video Sessions

• Live Only: On classes, companions cannot use pre-recorded videos. Classes must be live.
• Late Cancellation Fees: Late cancellation fees may apply to clients canceling a class or session 24–48 hours before the start date and time.
• Hybrid Classes: For hybrid classes, it is strongly encouraged that the instructor or assistant personally stay within video and audio recording distance, or have a mobile camera person present (be mindful of video session clients).
• Class Content: Classes should be educational and/or healthy in nature.

17. Platform Fees, Payment Processing, & Refunds

By using the Sobriety Companion Platform, both Clients and Companions acknowledge and agree to the following fee structure:

• Payment Processing (Stripe Terms): Payment processing services are provided by designated third-party processors, such as Stripe. By using the Platform, you agree to be bound by the processor's Connected Account Agreement and authorize the Company to share necessary transaction data.
• Client Transactions: An app fee and percentage is added to every sale processed through the Platform. This fee is included in the total amount charged to the Client at the time of booking and covers the cost of platform operations, payment processing, and technology infrastructure.
• Companion Payments: A percentage is deducted from every payment before it is disbursed to the Companion. This deduction is applied automatically at the time of payout and represents the Platform's service fee for facilitating the booking, providing the technology infrastructure, and managing payment processing.
• Refund Policy: All sales and processed transactions are final and non-refundable unless otherwise determined at the sole discretion of Sobriety Companion LLC.
• Acknowledgment: By registering as a Companion or completing a booking as a Client, you acknowledge and accept the applicable fee structure. Sobriety Companion LLC reserves the right to update its fee structure at any time, with notice provided through the Platform.

18. Prohibited Conduct & Recording Policy

• No Inappropriate Conduct: No physical, sexual, or explicit content or interactions are permitted in any in-person or video session through the Platform.
• No Recording Policy: Users and Companions are strictly prohibited from audio-recording, video-recording, or screen-recording any session (in-person or digital) without the explicit, written consent of all participating parties. Unauthorized recording violates two-party consent laws and will result in immediate account termination and potential legal action.
• Violation of these Terms may result in immediate account suspension or a permanent ban for the user or companion, along with possible criminal consequences whenever necessary.

19. App Store and Third-Party Platform Disclaimers

If you download the App from the Apple App Store or Google Play Store, you acknowledge that these Terms of Service are solely between you and Sobriety Companion LLC, and not with Apple Inc. or Google LLC. Apple and Google are not responsible for the App, its content, maintenance, support services, or any product liability claims. You agree to comply with all applicable third-party terms of agreement when using the App.

20. General Provisions

• Force Majeure: The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, pandemics, or internet infrastructure failures.
• Waiver: The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right.
• Survival: Sections pertaining to Arbitration, Indemnification, Liability Limitations, Intellectual Property, and Tax Responsibility shall survive the termination of this Agreement or the deletion of your account.
• Assignment: You may not assign or transfer your rights under these Terms. Sobriety Companion LLC may freely assign its rights and obligations.
• Contact Information: For questions regarding these Terms, please contact support through the Sobriety Companion App or website.

Contact

Questions about these Terms? Call (352) 581-0232 or email support@sobrietycompanion.com.