Terms of Use

Use of the CAIR App and User Responsibilities

Last updated: June 2026

1. Introduction

Application: These Terms of Use apply to

the use of the Service and access to CAIR (the "Provider"), and
any other related agreement or legal relationship with the Provider

in a legally binding manner. Defined terms are set out in the relevant section of this document.

Users are requested to read this document carefully.

The Service is currently offered exclusively in Germany; the care services arranged via the platform are provided exclusively in Germany.

Where further contracts or agreements exist between the Provider and Users, they take precedence over these Terms of Use. In such cases, these Terms of Use apply only on a supplementary basis and in accordance with the applicable provisions of such contracts and agreements.

The Payment Terms of the CAIR platform take precedence over these Terms of Use in all matters relating to payment processing. In the event of any conflict between the Terms of Use and the Payment Terms, the provisions of the Payment Terms shall prevail.

Although the contractual relationship connected with the listings is established exclusively between the care seeker and the caregiver or the deploying agency, the User acknowledges and accepts that, in cases where the CAIR app was obtained via the Apple App Store, Apple may enforce these Terms of Use as a third-party beneficiary.

1.1 The Role of CAIR

CAIR offers a digital platform that connects care seekers and caregivers. We enable families to find suitable support and caregivers to offer their services professionally.

For this purpose, CAIR provides the technical infrastructure only. Users can view profiles, communicate with each other and conclude individual care agreements. The order of search results is based on the match between the care needs and the information in the caregivers' profiles, as derived from the needs assessment.

If a booking is made, the contract is formed directly between the care seeker and the selected caregiver or — where involved — their agency. CAIR does not become a party to this contract. For certain payment processes, CAIR may act on behalf of the caregiver within the scope of the Payment Terms.

Responsibility for the accuracy, currency and lawfulness of the information provided by Users lies exclusively with the respective Users. CAIR can therefore give no guarantee as to the quality, suitability or lawfulness of the services offered.

To ensure the security and integrity of the platform, we reserve the right to review, remove or block content or to take other necessary measures where required — for example to prevent fraud, to protect Users or to comply with legal requirements.

1.2 How the Platform Works and Its Actors

CAIR is an online platform on which users ("Users") can publish, offer, search for and book services — also referred to as "listings". The public profile of a caregiver constitutes the respective listing.

Actors on the platform:

"Caregivers": Users who offer care services.
"Consumers", "care seekers" or "clients": Users who search for, book or make use of these services.

A user account is required to use certain functions of the CAIR platform. The information stored there must be correct and up to date at all times.

Components of CAIR:

the website including subdomains,
mobile apps for smartphones, tablets or smart devices,
application programming interfaces (API),
all software components and documentation of the Service.

Further terms and policies:

Use of the platform is additionally subject to the Privacy Policy and the Payment Terms, which are provided separately.

Responsibilities of the caregiver:

Caregivers are themselves responsible for complying with all legal, contractual and professional requirements applicable to the services they offer.

Applicability of the Terms of Use:

Individual provisions of these Terms of Use apply only to certain groups of Users. Where this is the case, this is expressly indicated in the relevant clause. In the absence of such an indication, the provision applies equally to all Users.

1.3 Age Restriction

Use of CAIR is permitted only to persons who have reached the age of 18 and have full legal capacity. Users acting on behalf of a person receiving care must be demonstrably authorised to do so.

2. Terms for Consumers

2.1 In-Home Support in Old Age

With CAIR, we want to create an environment in which no one is left alone in old age. CAIR offers a simple and transparent way to find everyday support for older people. In doing so, we create pleasant conditions that offer real added value for care seekers as well as for caregivers.

2.2 Registration and User Agreement

Registration and use of the platform are free of charge for consumers. Upon completion of the digital registration process and creation of a user account, a user agreement is formed between the consumer and CAIR, which relates exclusively to the technical provision of the platform. No payment obligations towards CAIR arise from this user agreement; costs are incurred only when an individual care agreement is concluded with a caregiver. All information provided during registration must be complete, correct and up to date.

2.3 Profiles for Persons in Need of Care

Consumers may, provided they are legally authorised to do so, create profiles for persons in need of care. By creating such a profile, the consumer confirms that the consent of the person concerned has been obtained or that they act as that person's legal representative, that all information provided is complete and truthful, and that no sensitive data is uploaded without a legal basis or corresponding consent. The profile serves exclusively to arrange a suitable caregiver and is displayed to registered Users only to the extent necessary for the arrangement or for necessary communication.

2.4 Searching and Booking on CAIR

Consumers can find caregivers via the search function using various criteria, including in particular the type of care required, the place of care, the desired period and special requirements. Additional filters are available to further refine the results.

The order of search results is based on a relevance assessment that takes into account, among other things, availability, pricing, reviews, previous successful assignments, cancellation and support history, requirements of the caregiver such as minimum duration, and response speed.

The employment relationship cannot be chosen by the consumer but is tied to the respective caregiver. If the caregiver is employed via an agency, a direct contract is formed between the consumer and that agency. If the caregiver is self-employed, the contract is formed directly between the consumer and the caregiver. For caregivers employed via CAIR subsidiaries, a direct contract exists between the consumer and the CAIR subsidiary. If the care is handled via a subsidiary of CAIR, the contract is accordingly concluded directly between the consumer and the respective subsidiary.

On the final order page, the consumer is once again shown, clearly and comprehensibly, the essential characteristics of the care, the total price of the booking including all taxes and costs, and the identity of the caregiver or the agency (Section 312j of the German Civil Code (BGB)).

By submitting the booking request via the button labelled "book with obligation to pay" ("zahlungspflichtig buchen") or an equivalent unambiguous wording, the consumer makes a binding declaration of intent in the form of an offer. However, the contract between the consumer and the caregiver or agency is not formed upon submission, but only when the caregiver or the agency accepts the booking request via the platform within the period specified in the booking process. Acceptance is confirmed to the consumer via the platform (booking confirmation). The consumer is bound by their offer until expiry of the specified acceptance period. If the caregiver or the agency does not accept the booking request within the period, the offer lapses; payment amounts already authorised or reserved will be released or refunded in accordance with the Payment Terms.

2.5 Forms of Cooperation (Employment Relationship)

Cooperation between consumers and caregivers can take place under different legal models. The following variants describe the possible contractual constellations:

Direct cooperation with a self-employed caregiver

In this model, the consumer works directly with a self-employed caregiver. The contract for the care service is formed exclusively between these two parties. CAIR merely provides the technical platform for contact and communication and does not become a party to the contract.
Cooperation with a caregiver via an agency

If the care is organised via an agency, the agency either acts itself as the consumer's contractual partner or acts as the authorised representative of the caregiver it places. In this case, the contractual relationship is formed between the consumer and the agency or the caregiver represented by it. CAIR is not involved in this contractual relationship and assumes no responsibility for its contents.
Cooperation via an affiliated company of the CAIR Group

Where an affiliated company of the CAIR Group organises or arranges care services, separate contractual provisions apply. In these cases too, CAIR itself does not become the caregiver's employer and does not act as a party to the care relationship.
Joint notice for all models

Irrespective of the chosen employment or contractual model, CAIR becomes neither the caregiver's employer nor a party to the care agreement. Consumers are themselves responsible for ensuring that the cooperation is carried out lawfully. Illegal or improperly registered employment can have significant legal consequences, including criminal or administrative sanctions as well as possible back-payment claims by tax authorities or social security institutions.

2.6 Use of the CAIR Platform

Conclusion of contract:

By completing the digital registration process and creating a user account, a user agreement is formed between the User and CAIR. This agreement is based on the previously accepted Terms of Use (hereinafter referred to as the "User Agreement").

The content of the User Agreement comprises the provision of the platform free of charge.

The contract between care seekers and CAIR relates to the technical provision of the platform for searching for suitable caregivers as well as for communication and the conclusion of contracts between care seekers and caregivers. The individual contract between care seekers and caregivers is hereinafter referred to as the "Care Agreement".

For the search for suitable caregivers, a thorough needs assessment is first carried out by means of a questionnaire (hereinafter referred to as the "Needs Assessment"). The care seekers' answers in the Needs Assessment serve to create a user profile (hereinafter referred to as the "User Profile"). The User Profile is displayed to other platform users only to the extent necessary for the arrangement or for necessary communication.

Based on the information from the Needs Assessment, CAIR offers the care seeker suggestions of potential caregivers. The care seeker can then select a suitable caregiver and make contact. If the caregiver is interested in working together, the platform enables the direct conclusion of the individual Care Agreement.

In addition, the care seeker has the option, independently of a recommendation by CAIR, to select a suitable caregiver on the platform based on the caregivers' user profiles and to make contact. If the caregiver shows interest in working together, the individual Care Agreement can be concluded directly via the platform.

Care seekers can also be selected and contacted by caregivers themselves on the basis of their User Profile. If the care seekers or their clients agree to work with the selected caregiver, the individual Care Agreement can be concluded directly via the platform.

Where necessary, CAIR supports care seekers in communicating with caregivers, with questions during the care, and during and after termination of the care relationship.

The User Agreement existing between CAIR and the care seeker does not oblige the care seeker to any services. A payment obligation arises only upon conclusion of the individual Care Agreement between the care seeker and the selected caregiver. The individual Care Agreement between the care seeker and the caregiver is separate from the User Agreement between CAIR and the care seeker. It is formed independently of this contract in that the care seeker submits a binding booking request (offer) via the platform and the caregiver or the agency accepts it.

All contractual relationships arising from communication between the care seeker and the caregivers are established exclusively between the care seeker and the respective caregiver. CAIR merely provides an intermediary platform and is not involved in the contractual relationships between Users. All rights and obligations under these contracts lie solely with the respective parties.

The unavailability of the caregiver does not constitute a failure of the platform service provided by CAIR. In the event of unavailability or a desired change, the caregiver or the agency may provide a suitable replacement in accordance with the Care Agreement; independently of this, the consumer is entitled, on their own responsibility and at any time, to book a new caregiver via the platform. Both options stand on an equal footing.

Any remuneration or compensation claims between the consumer and the caregiver are governed exclusively by the individual Care Agreement.

2.7 Right of Withdrawal

Consumers have a statutory right of withdrawal of 14 days when booking a service. The withdrawal period begins upon conclusion of the contract, i.e. upon acceptance of the booking request by the caregiver or the agency (booking confirmation), and not already upon submission of the booking request.

To exercise the right of withdrawal, a declaration in text form to the respective contractual partner (caregiver or agency) is sufficient. CAIR is authorised by the caregivers and agencies active on the platform to receive declarations of withdrawal on their behalf. The withdrawal may therefore be sent, with effect vis-à-vis the contractual partner, by e-mail to the following address:

info@cair-app.com

Early expiry of the right of withdrawal

Pursuant to Section 356 (4) of the German Civil Code (BGB), the right of withdrawal expires early if the caregiver has fully performed the service or if performance of the service has begun after the consumer has previously

expressly consented to the caregiver beginning performance of the service before expiry of the withdrawal period, and
confirmed their awareness that their right of withdrawal expires upon full performance of the contract.

This consent is obtained within the CAIR app before completion of the booking and is given by means of a separate declaration by the consumer.

Notice pursuant to Section 312k BGB (cancellation via button)

Consumers have the option of terminating their ongoing contracts at any time directly in the app. For this purpose, CAIR provides a clearly visible and easily accessible cancellation button, via which termination can be declared electronically without further hurdles. This ensures that Users can exercise their rights under Section 312k BGB in a straightforward and transparent manner.

2.8 Cancellation Fees

If the consumer withdraws after performance has begun but before the service has been fully performed, they owe compensation for the value of the services provided up to the time of withdrawal. The compensation is determined by the proportion of the services already provided relative to the total scope agreed in the contract and includes in particular:

travel costs for arrival and departure;
the care days provided up to the withdrawal, billed on the basis of the agreed daily rate. Partial care days are billed as agreed.

The client retains the right to prove that the contractual partner suffered no damage or significantly less damage as a result of the withdrawal.

Cancellations outside the right of withdrawal

Independently of the statutory right of withdrawal, bookings may be cancelled under the following conditions:

Cancellation 30 or more days before the start of the service

Cancellation is free of charge for the client.

Cancellation between 30 and 7 days before the start of the service

For cancellations within this period, a cancellation fee of 10% of the total booking amount applies.

Cancellation less than 7 days before the start of the service

If the cancellation is made less than 7 days before the start of the service, a cancellation fee of 30% of the total amount becomes due.

Cancellation after the start of the service

If a cancellation is made after the start of the service, the client bears the following costs:

the caregiver's travel costs for arrival and departure,
the care days provided up to the time of cancellation, including partial days,

in addition, a cancellation fee of 40% of the remaining order value applies.

Proof of lesser damage

The client retains the right to prove that the contractual partner suffered no damage or significantly less damage as a result of the cancellation. In this case, the client owes only the damage actually incurred. The contractual partner remains free to prove higher damage.

Withdrawal form (statutory model pursuant to Art. 246a § 1 (2) of the Introductory Act to the German Civil Code (EGBGB))

If you wish to withdraw from the contract, you may use this model form and send it to the address stated in the legal notice:

3. Terms for Caregivers

3.1 Registration and Offering Services

The caregiver is granted authorisation by CAIR to use the CAIR platform to offer a care service to other Users. They can create a listing in their profile and have control over when and how they offer their care as a service. Caregivers set the framework conditions themselves; in doing so, they determine the amount of remuneration, availability and the services themselves.

The purchased or commissioned service must be provided or made available within the period stated in the listing, or as communicated before the order was placed.

Caregivers can either register themselves or be represented by an agency that is authorised to create and manage a profile on the caregiver's behalf.

3.2 Managing the Listing as a Caregiver

Creation: The CAIR platform provides the caregiver with technical tools for the simple creation and management of their care offers. In order to offer their care service, they must first provide the required evidence and complete identification of their person. After their status as a caregiver has been verified, they can create a listing. The listing is equivalent to the public profile as a caregiver. Their offers must contain complete and precise information about their care services, prices and all relevant conditions or requirements for care seekers. They bear responsibility for their actions and omissions to ensure that the information in their offers (including availability in the calendar) and the content (e.g. photos) are always up to date, correct and truthful.

The caregiver may create only one listing per care offer. However, an agency is permitted to create one offer or profile for each individual caregiver.

Caregiver's assurances regarding their legal obligations. The caregiver is themselves responsible for identifying and complying with all laws, rules, regulations and contracts with third parties that apply to their care service.

Responsibilities as a caregiver. The caregiver is responsible for their own actions and omissions as well as for those of persons involved in the provision of their care services. It is their responsibility to set the price for their care offers and to define rules and requirements for their offers. All fees and costs must be stated in the description of their offers. The caregiver is not entitled to charge additional fees or payments outside the CAIR platform. They are not permitted to ask or encourage customers to create CAIR accounts outside the CAIR platform, to submit reviews, to disclose personal contact details or to carry out other actions that violate our policies on off-platform activities.

If a profile is managed by an agency, the agency is responsible for ensuring that all information is complete, correct and up to date. CAIR assumes that the agency has the necessary authority to act on behalf of the caregiver.

3.3 Taxes

Insofar as payment obligations arise from the relationships between the parties involved (caregiver and care seeker), they are themselves responsible for proper taxation. Every caregiver is obliged to state whether they offer tax-exempt services (e.g. under Section 4 No. 16 of the German VAT Act (UStG) or comparable provisions) or are subject to VAT.

Responsibility for the accuracy of this information lies exclusively with the caregiver. CAIR assumes no responsibility and no liability for the tax classification, tax treatment or correct declaration of the services offered by caregivers.

Tax obligations lie with the caregiver or the agency itself, irrespective of representation by an agency, depending on their internal contractual relationship. CAIR assumes no responsibility for this.

3.4 Contractual Relationship with the Consumer

The User Agreement existing between CAIR and the caregiver regarding the platform does not establish any obligation to perform on the part of the caregiver. Only after the caregiver has accepted a contract at the previously defined prices and services from a care seeker, thereby making their declaration of intent, does an obligation to perform arise for them, including the obligation towards CAIR to pay the service fee. The individual Care Agreement between the care seeker and the caregiver is independent of the User Agreement between CAIR and the caregiver. It is formed separately from this contract by means of a separate declaration on the platform.

We expressly point out that the contract between the care seeker and the caregiver is only formed when the caregiver accepts the order or the offer from the care seeker.

Contracts with care seekers. When the caregiver confirms a booking request, they conclude a contract directly with the care seeker and are responsible for providing the care service under the conditions and at the price stated in their listing. They are also responsible for paying all applicable fees (such as CAIR's service fee and applicable taxes) for each booking. Stripe Payments will deduct these amounts from the payouts. Any terms or provisions they include in any supplementary contract with care seekers must:

be consistent with these Terms of Use, our Payment Terms and the information provided in the listing, and
be clearly stated in their listing description.

Independence of caregivers. The relationship of a caregiver to CAIR is that of an independent legal entity and not that of an employee, an agent, a co-entrepreneur or a partner of CAIR. CAIR does not direct or control their care service, and they decide at their own discretion whether and when, at what price and under what conditions they offer care services.

If a caregiver is represented by an agency, the contract for care services is formed between the consumer and the caregiver represented by the agency or the agency itself, if the latter acts as the contractual partner. CAIR is not a contracting party in these cases either.

The contracting parties (care seekers and caregivers) are themselves responsible for the legal classification and structuring of their employment or contractual relationship. CAIR is neither the employer nor the principal of a caregiver and does not become a party to the Care Agreement.

3.6 Other Employment Relationships

The caregivers operating via the CAIR platform may work under different employment or contractual models depending on their individual professional situation. The respective employment status is the sole responsibility of the caregiver or the organisation employing them. CAIR does not at any time become the caregiver's employer.

Employment via an agency

Many caregivers are employed by a licensed agency or are represented by one under a service or placement contract. In these cases, the agency bears the responsibility under employment law, including remuneration, social security contributions and legal protection of the caregiver.

On the CAIR platform, these caregivers are displayed with the same profile status as self-employed caregivers; however, it is apparent that they are organised via an agency. CAIR is not a contractual partner of these agencies and has no influence over their internal employment or remuneration models.

Employment via an affiliated company of the CAIR Group

Some caregivers may be employed or organised via an affiliated company of the CAIR Group. In this case, contractual relationships exist exclusively between the caregiver and the respective company of the CAIR Group.

Even in this model, CAIR itself does not become the employer. The caregiver uses the platform merely to present themselves, to communicate with care seekers and to arrange care services. Responsibility under employment law remains entirely with the respective affiliated company.

Status on the platform

Irrespective of the employment relationship, all caregivers appear on the platform as providers of care services. Their profile status (e.g. "verified", "not verified" or "organised via an agency") serves exclusively to provide transparency for consumers.

The type of employment relationship has no influence on the role of CAIR: the platform acts neither as employer nor as contractual partner of the caregiver and assumes no responsibility for obligations under employment or tax law.

3.7 Cancellation Conditions

Although cancellations by caregivers are rare, they can impair Users' trust in the community and the platform and make the planning of care services more difficult. CAIR therefore reserves the right, under certain circumstances, to collect the cancellation fees provided for in the Care Agreement on behalf of the client and to impose other consequences if caregivers cancel a confirmed booking or are responsible for a cancellation.

The specified fees and measures reflect the costs and effects of cancellations on Users, caregivers and CAIR itself. CAIR may waive fees and further consequences if caregivers demonstrably cancel due to unforeseeable, unavoidable and extraordinary circumstances. Examples include:

sudden illness or accident of the caregiver,
natural disasters or other cases of force majeure,
family emergencies that make provision of the service impossible.

In such cases, caregivers must submit relevant evidence within 5 working days of the cancellation (e.g. medical certificates or other documents). CAIR will review the documents and communicate its decision in writing.

3.8 Fees for Cancellations by Caregivers

If a caregiver cancels a confirmed booking, a cancellation fee applies in accordance with the Care Agreement, based on the booking amount and the time of the cancellation. The fee is owed to the client and serves to compensate their financial losses and to ensure the reliability of the placement system. CAIR collects the fee in the name and for the account of the client and forwards it to them. Caregivers may be exempted from the cancellation fee if they prove that extraordinary circumstances existed (e.g. illness, force majeure).

0–7 days before the start of care: 50% of the booking amount
8–30 days before the start of care: 30% of the booking amount
More than 30 days before the start of care: 10% of the booking amount

CAIR will always endeavour to find a solution acceptable to all parties.

3.9 Processing of Cancellation Fees

The cancellation fee is withheld from future payouts to caregivers and forwarded to the affected client.
If no future payouts are pending, CAIR may invoice the caregiver for the fee in the name and for the account of the client.
Caregivers receive no payout for cancelled bookings. Amounts already paid out will be deducted from future payments or invoiced.
Outstanding amounts remain due even after termination of the caregiver's account and may be asserted by legal means.

Exceptions to cancellation fees

Under certain circumstances, CAIR may waive the specified cancellation fees. These include unforeseeable and unavoidable events beyond the caregiver's control (e.g. sudden illness, family emergencies or natural disasters).

Caregivers who believe that such an exceptional case exists must submit relevant evidence (e.g. medical certificates or other proof) within 5 working days of the cancellation. CAIR will review the case and decide, based on the documents submitted, whether the fees and further consequences will be waived. The decision will be communicated to the parties involved in writing.

Further consequences of cancellations

In addition to a possible cancellation fee, the following measures may be taken:

Blocking of the booking calendar: The calendar may be blocked for the affected care periods, so that no new bookings are possible for this period.
Suspension or removal of the account: In the event of repeated or unfounded cancellations, CAIR reserves the right to temporarily suspend or permanently remove the caregiver's listing or account.

Responsibility in the event of cancellations

A caregiver's responsibility in the event of cancellations relates to situations in which the information in the listing deviates significantly from reality. Examples include:

double bookings of the same listing,
significant inaccuracies in the listing that materially impair the planned course of care, such as the absence of a stated service or feature (e.g. a specific qualification).

Further important notes

Caregivers are obliged to cancel bookings they cannot fulfil without delay themselves. They may not ask care seekers to carry out the cancellation on their behalf.

The deliberate provision of false information or documents in connection with these terms constitutes a serious breach of the Terms of Use and may lead to the immediate suspension of the CAIR account as well as further legal and contractual consequences.

3.10 Platform Reporting Obligations (DAC7 / PStTG)

Insofar as CAIR is obliged under the German Platform Tax Transparency Act (PStTG) of 20 December 2022 and EU Directive 2021/514/EU (DAC7) to report information about providers active on the platform to the competent tax authorities, the client acknowledges that CAIR may transmit corresponding data of the caregiver or the agency — in particular remuneration data from bookings processed via the platform — to the German Federal Central Tax Office (BZSt) to the extent required by law.

Tax responsibility for the correct declaration of the income earned remains exclusively with the caregiver or the agency. CAIR does not provide tax advice and assumes no liability for the tax classification of the services provided.

4. General Terms

Caregivers who offer their listings via CAIR bear responsibility for the quality and safety of the services offered.

The services offered by caregivers via CAIR are neither controlled, monitored, moderated nor reviewed by the Provider. Unless mandatorily provided otherwise by law, any liability of the Provider with respect to the service, its quality, safety, accuracy, and with respect to the caregiver's entitlement to market it, is therefore excluded.

Likewise, the consumers using CAIR are not controlled, monitored, moderated or reviewed by the Provider. The Provider is therefore not liable for the activities of consumers or for their commercial capacity or ability to pay in connection with the legal transactions concluded via CAIR.

4.1 Use

Account creation

To use the Service, Users must sign in or create a user account by providing all required data or information completely and truthfully.

The Service is available only to signed-in Users.

The User must ensure that the access credentials are kept confidential and secure. For this reason, the User must choose a password that meets the highest security requirements available on CAIR.

By signing in, Users agree to be responsible for all actions carried out in connection with their username and password.

Users are obliged to inform the Provider immediately and unambiguously via the contact details specified in this document if their personal information, including user accounts, access credentials or personal data, has been breached, unlawfully disclosed or stolen.

Conditions for creating a user account

By registering, the User agrees to comply with the following conditions:

The creation of user accounts by means of bots or automated methods is not permitted.
Unless expressly permitted, each User may create and use only one user account.
User accounts may not be shared with third parties.

Deletion by customers

Users can delete their account at any time in the app interface or upon written request.

Suspension and deletion by CAIR

CAIR reserves the right to suspend or delete user accounts at any time and without prior notice if:

the User violates these Terms of Use,
the account is used improperly,
content is posted that is unlawful, offensive or inappropriate,
the security of the platform is endangered.

No claims for damages, indemnification or reimbursement arise for the User from a suspension or deletion.

The suspension or deletion of an account does not release the User from existing payment obligations towards caregivers or other third parties.

If content is removed or blocked, CAIR will inform the User of the reasons, unless doing so would impair the prevention of fraud, the rights of others or legal requirements.

Users may lodge a complaint with CAIR Support against such decisions.

4.2 Content

Content available via CAIR

Unless otherwise stated or clearly recognisable, all content available via CAIR is the property of the Provider and is provided by the Provider.

The Provider makes every effort to ensure that the content provided via CAIR does not violate applicable legal provisions or third-party rights. However, it is not always possible to achieve this result.

In such cases, Users are asked to address their complaint preferably to the contact details specified in this document. The right to enforce any claims in or out of court remains unaffected.

Rights to the content available via CAIR

All rights to the content are reserved to the Provider.

Users may use the content only to the extent necessary or intended — including implicitly — for the proper use of the Service.

In particular, Users are not permitted to reproduce the content, download it, distribute it beyond the limits defined below, edit it, translate it, modify it, transform it, publish it, transfer it to third parties, sell it or license it, or to enable third parties — even without the User's knowledge — to carry out the aforementioned actions via the User's own device.

Where expressly indicated on CAIR, the User may download, reproduce and/or distribute selected content available via CAIR for exclusively personal and non-commercial purposes, provided that the copyright notices and any other notices required by the Provider are correctly displayed.

Statutory limitations or exceptions remain unaffected.

User content

Users have the option of uploading their own content to CAIR, sharing it via CAIR or making it available.

By uploading, sharing or providing their content as described, Users warrant that they are entitled to do so and that they do not violate any legal provisions or third-party rights.

By uploading their own content to CAIR, Users grant the Provider a non-exclusive, geographically and temporally unlimited, royalty-free, irrevocable, sublicensable and transferable right to access the content and to use, store, reproduce, modify, distribute, publish, edit and transform into derivative works, broadcast, stream, transmit or otherwise exploit the content in order to provide its own Service and to promote it in all media and in any manner.

To the extent permitted by law, Users waive the exercise of any moral rights in connection with the content submitted to CAIR.

Users acknowledge, accept and confirm that all content they provide via CAIR is made available under the same general conditions applicable to other content provided via CAIR.

Users are responsible for content they upload to CAIR or publish, share or make available via CAIR.

Users acknowledge and accept that the Provider filters or moderates such content after it has been made available.

The Provider therefore reserves the right, at its own discretion, to reject, remove, delete or block such content and to deny the uploading User access to CAIR without prior notice if CAIR considers that the content violates these Terms of Use or may otherwise have an adverse effect on Users, third parties, the Provider and/or the availability of the Service.

No claims for damages or reimbursement arise for the User responsible for the affected content as a result of the removal, deletion or blocking of content.

Users undertake to indemnify the Provider against any claims and/or damages arising from or in connection with content they provide via CAIR.

Permitted use

CAIR and the associated platform service may be used only as intended and in accordance with these Terms of Use and the applicable legal provisions.

Users are themselves responsible for ensuring that their access to CAIR and/or their use of the Service does not violate any legal provisions, regulations or third-party rights.

Therefore, the Provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying Users access to CAIR or the Service, terminating contracts, reporting objectionable activities taking place via CAIR or the Service to the competent authorities — such as judicial or administrative authorities — if Users demonstrably or presumably:

violate legal provisions, regulations or these Terms of Use; or
infringe third-party rights; or
significantly impair the legitimate interests of the Provider; or
insult the Provider or a third party.

Reporting violations. If a User believes that another User, an offer or content poses an immediate danger to a person or a caregiver, CAIR strongly recommends contacting the competent local authorities and at the same time contacting CAIR. If the User is also of the opinion that another User, offers or content violate our policies, we ask them to inform us of their concerns. If they have already reported a matter to the local authorities, we may ask them to provide a copy of that report. Please note that, unless required by law, we are not obliged to take any specific action in response to a report.

Users undertake to cooperate with CAIR in investigations or security-related reviews and to provide the required information truthfully and completely.

4.3 Fees

Registration and use of the platform are free of charge. All applicable fees are displayed to caregivers and consumers before they publish a listing or before they accept a booking. Upon conclusion of a Care Agreement, CAIR charges a service fee of 15% incl. VAT on the care service. Unless otherwise indicated on the CAIR platform, the service fees are non-refundable.

4.4 Reviews

After completion of a care service, both caregivers and clients have the opportunity to review each other. These reviews should be honest, fair and objective. They must not contain any content that:

is discriminatory, offensive or defamatory,
violates applicable law,
makes untrue factual claims, or
is otherwise inappropriately or hostilely worded.

CAIR does not review ratings by default, but reserves the right to check reviews on a random basis. If reviews violate these requirements or are considered factually incorrect, Users may submit a counterstatement. CAIR will review complaints within 14 days and give the affected User the opportunity to comment. In the case of demonstrably untrue or offensive reviews, CAIR reserves the right to remove or correct them.

4.5 Term

The User Agreement concluded between the User and CAIR is concluded for an indefinite period and continues as long as the User uses the platform. The User Agreement ends automatically when the user account is deleted by the User or by CAIR.

After the termination takes effect, CAIR is entitled to permanently delete all personal data of the User to the extent permitted by law. CAIR may continue to store and use anonymised information on care needs in order to improve the platform and its matching mechanisms. The User can no longer be identified from this data.

4.6 Verified and Non-Verified Profiles

Verified and non-verified profiles

CAIR displays both verified and non-verified profiles of caregivers.

Verified caregivers

Verified caregivers have undergone an identity and document check. They either have an employment relationship with a licensed agency or operate their own independently run business.

These caregivers can be commissioned directly via CAIR, with payment processed via the procedures described in the Payment Terms.

Non-verified caregivers

Non-verified caregivers have not been checked by CAIR. Consumers or families can generally work with such caregivers in the form of direct employment. In this case, the consumer or the family acts as the employer and is themselves responsible for:

the proper registration of the caregiver,
the payment of wage tax as well as social and health insurance contributions,
compliance with all legal provisions for employment relationships.

CAIR is not an employer, intermediary or contractual partner in such direct employment and assumes no liability for the formation, performance or legal assessment of such an employment relationship.

CAIR gives no warranty whatsoever for the qualifications, lawfulness of employment or insurance status of non-verified caregivers. Users conclude agreements with non-verified caregivers at their own responsibility. CAIR is not liable for damages arising from such direct employment.

Communication with non-verified caregivers and organisational support by CAIR

Non-verified caregivers can be contacted via the CAIR platform.

CAIR may, where necessary, refer to affiliated companies that independently offer employment relationships. CAIR is not involved in arranging or establishing an employment relationship.

However, there is no entitlement to advice, support or a successful placement. CAIR gives no guarantee whatsoever that employment will come about or that CAIR will act in an organisational capacity in every case.

Legal compliance and measures in the event of violations

CAIR expressly rejects any form of illegal employment or undeclared work. Users are obliged to comply with all legal provisions on the employment of caregivers.

In the event of suspected violations, CAIR reserves the right to review, suspend or delete user profiles and, where appropriate, to inform the competent authorities.

4.7 Changes to These Terms of Use

CAIR is entitled to amend or supplement provisions of these Terms of Use at any time with effect for the future, insofar as this is necessary due to legal or functional adjustments to the platform, for example in the case of technical changes. In this case, the Provider will inform the User appropriately about these changes.

By continuing to use the Service, the User accepts the amended Terms of Use. If Users do not wish to be bound by the changes, they must cease using the Service and may terminate the contract.

If the revised terms are not accepted, either party may terminate the contract. The previous version of the Terms of Use applicable at the time governs the relationship prior to the User's acceptance of the changes. The User can obtain any earlier version of the Terms of Use from the Provider.

Where required by law, the Provider will inform Users in advance of the effective date of the amended terms.

4.8 Liability

Unless expressly stated otherwise or agreed with the Users, the Provider's liability for damages in connection with the performance of the contract is excluded, limited and/or restricted to the extent permitted by applicable law.

CAIR is liable without limitation for damages resulting from injury to life, body or health, insofar as these are based on an intentional or grossly negligent breach of duty by CAIR. For other damages, CAIR is liable without limitation only in cases of intent or gross negligence. In cases of simple negligence, CAIR is liable only for the breach of an essential contractual obligation (cardinal obligation) and limited to the foreseeable damage typically occurring.

Disclaimer for technical disruptions

CAIR assumes no liability for technical disruptions or interruptions of the Service attributable to events of force majeure, including but not limited to natural disasters, pandemics, power outages, network failures or cyberattacks. However, CAIR will take reasonable measures to remedy such disruptions to the extent economically and technically feasible.

Disclaimer for services provided by caregivers

CAIR provides only the technical infrastructure and an intermediary platform for establishing contact between caregivers and Users. CAIR assumes no liability for the services provided by caregivers, their quality, accuracy or any damages arising therefrom. Responsibility for this lies exclusively with the respective caregivers.

4.9 Software Licence

All rights to the software or technical solutions on which CAIR is based, or which are embedded in, integrated into or connected with it, belong exclusively to the Provider and/or its licensors.

Provided that the User complies with these Terms of Use and notwithstanding any deviating provisions of these Terms of Use, the Provider grants the User only a freely revocable, simple, non-sublicensable and non-transferable right to use the software and/or other solutions integrated into the Service within the scope and for the purposes of the intended use of the Service offered.

In particular, Users are not granted any right to access the source code or to use or pass on the source code. Rights to all processes, algorithms and technical solutions contained or integrated in the software and all associated documentation belong exclusively to the Provider or its licensors.

All grants of rights and licences automatically lapse upon termination of the agreement — for whatever reason.

4.10 Service Interruption

To ensure the best possible service, the Provider reserves the right to interrupt the Service for maintenance, system updates or other changes. It will inform Users appropriately.

Within the scope of statutory provisions, the Provider may also suspend or terminate the Service entirely. In the event of discontinuation of the Service, the Provider will give Users the opportunity to back up personal data or information in accordance with applicable law and will take into account any claims of Users to continued use and/or damages existing under the applicable law.

In addition, the Service may be unavailable for reasons beyond the Provider's control ("force majeure") (e.g. infrastructure failures or power outages, etc.).

The Provider will, where possible, notify Users at least 2 days in advance.

4.11 Privacy Policy

The Privacy Policy is an integral part of these Terms of Use. By using the platform, Users consent to the processing of their personal data in accordance with the Privacy Policy. The Privacy Policy can be viewed at any time on the platform or on the website.

4.12 Data Transfer for Placement and Contract Performance

To carry out the platform function and to mediate between clients and caregivers, CAIR transfers personal data exclusively to the extent necessary for the initiation, performance and processing of the respective Care Agreement.

This includes in particular:

transfer of the client's contact details to the selected caregiver or agency,
transfer of relevant care information (e.g. details of the person in need of care, place of deployment, desired services),
transfer of necessary data to payment service providers engaged by CAIR (e.g. Stripe) for processing payments.

The data processing is carried out for the performance of the User Agreement pursuant to Art. 6 (1) (b) GDPR.

Any processing beyond this takes place only to the extent permitted by law or with the User's express consent.

Further information can be found in the Privacy Policy.

4.13 Third-Party Services

The CAIR platform may contain links to websites, apps, services or resources of third parties ("Third-Party Services") that are subject to other terms and privacy policies. CAIR assumes no responsibility for any kind of Third-Party Services, and the presence of links to such Third-Party Services does not constitute a recommendation by CAIR.

4.14 Intellectual Property Rights

Without prejudice to more specific provisions of these Terms of Use, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights in connection with the Service (CAIR), are the exclusive property of the Provider or its licensors and are subject to the protection of the applicable law or international treaties relating to intellectual property.

All trademarks, name marks or figurative marks — and all other marks, trade names, service marks, word marks, illustrations, images or logos — appearing in connection with the Service (CAIR) are and remain the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

4.15 Assignment of Rights and Obligations

The Provider reserves the right, taking into account the legitimate interests of the User, to transfer, assign, replace by novation or pass on all rights and obligations under these Terms of Use.

The provisions on changes to the Terms of Use apply accordingly.

Users may not assign or transfer their rights or obligations under the Terms of Use in any way without the written consent of the Provider.

5. Legal Notices

5.1 Applicable Law

German law applies to all contractual relationships between Users and CAIR, excluding the UN Convention on Contracts for the International Sale of Goods. The Service is currently offered exclusively in Germany and the care services are provided exclusively in Germany.

5.2 Place of Jurisdiction

For caregivers

For all disputes arising from or in connection with these Terms of Use involving caregivers, the place of jurisdiction is Munich and German law applies. Caregivers acknowledge that the registered office of CAIR is decisive, to the extent permitted by law.

For consumers

If the User is a consumer within the meaning of the applicable law, the following applies:

The User may bring actions either before the courts of the place where they are domiciled or before the courts of the place where the Provider has its registered office.
The Provider may bring actions against the User only before the courts of the place where the User is domiciled.

Scope of application

The Service is currently offered exclusively in Germany. Should the Service be offered in other countries in the future, this provision will be reviewed and adjusted accordingly.

5.3 Amicable Dispute Resolution

Users may refer all disputes to the Provider, who will attempt to resolve them amicably.

The User's right to take legal action remains unaffected at all times. However, in the event of disputes concerning the use of the Service (CAIR) or the Service, the User is asked to contact the Provider using the contact details specified in this document.

The User may address the complaint, including a brief description and, where applicable, the details of the related order, purchase or account, to the Provider's e-mail address specified in this document.

The Provider will process the request without delay within 3 days of receipt.

5.4 No Participation in Consumer Arbitration Proceedings

CAIR is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

5.5 Severability Clause

Should any provision of these Terms of Use be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The statutory provision shall take the place of the invalid or unenforceable provision.

This does not apply if adherence to the contract would constitute an unreasonable hardship for one of the contracting parties.