Terms of Use

Use of the CAIR App and responsibilities of users

Last updated: December 2025

1. Introduction

Application: These Terms of Use apply to

the use of the service and access to CAIR (“Provider”), and
any other related agreement or legal relationship with the Provider

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

Users are requested to read this document carefully.

If additional contracts or agreements exist between the Provider and users, they shall take precedence over these Terms of Use. In such cases, these Terms of Use shall only apply in addition to, and in accordance with, the applicable provisions of such contracts and agreements.

Although the contractual relationship related to listings is concluded exclusively between the user and the Provider, the user acknowledges and accepts that, in cases where the CAIR app has been 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 provides a digital platform that connects people seeking care and caregivers. We enable families to find suitable support and caregivers to offer their services professionally.

CAIR solely provides the technical infrastructure for this purpose. 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 concluded directly between the person seeking care and the selected caregiver or – if involved – their agency. CAIR does not become a contractual party. For certain payment processes, CAIR may act on behalf of the caregiver in accordance with the payment terms.

Responsibility for the accuracy, timeliness and lawfulness of the information provided by users lies solely with the respective users. CAIR therefore cannot guarantee the quality, suitability or lawfulness of the services offered.

To ensure the safety and integrity of the platform, we reserve the right to review, remove, block or take any other necessary measures regarding content if required – for example, to prevent fraud, protect users or comply with legal requirements.

1.2 Functionality and stakeholders

CAIR is an online platform where 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.

Stakeholders on the platform:

“Caregivers”: Users who offer care services.
“Consumers”, “Care Seekers” or “Clients”: Users who search for, book or use these services.

A user account is required to use certain features of the CAIR platform. The information stored there must be accurate 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 (APIs),
all software components and documentation of the service.

Additional terms and policies:

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

Responsibilities of caregivers:

Caregivers are solely 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 specific user groups. Where this is the case, it is expressly indicated in the respective clause. If no such indication is given, the provision applies equally to all users.

1.3 Age restriction

Use of CAIR is only permitted for individuals who are at least 18 years old and fully legally competent. Users acting on behalf of a person in need of care must be demonstrably authorized to do so.

2. Conditions for consumers

2.1 Home support in old age

With CAIR, we want to create an environment where no one is left alone in old age. CAIR offers the possibility to easily and transparently find support in everyday life for older people. In doing so, we create pleasant conditions that provide added value not only for care seekers but also 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 concluded between the consumer and CAIR, which relates solely to the technical provision of the platform. This user agreement does not give rise to any payment obligations towards CAIR; costs are only incurred when an individual care agreement is concluded with a caregiver. All information provided during registration must be complete, accurate and up to date.

2.3 Profiles for persons in need of care

Consumers may create profiles for persons in need of care, provided they are legally authorized to do so. By creating such a profile, the consumer confirms that the consent of the affected person has been obtained or that they are acting as a 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 is used exclusively to facilitate the placement of a suitable caregiver and is only shown to registered users to the extent necessary for placement or required communication.

2.4 Searching and booking on CAIR

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

The order of search results is based on a relevance assessment which considers, among other things, availability, pricing, ratings, previous successful assignments, cancellation and support history, caregivers’ requirements such as minimum duration and response speed.

The form of employment cannot be chosen by the consumer but is linked to the respective caregiver. If the caregiver is employed by an agency, a direct contract is concluded between the consumer and this agency. If the caregiver is self-employed, the contract is concluded directly between the consumer and the caregiver. For caregivers employed by CAIR subsidiaries, a direct contract is concluded between the consumer and the CAIR subsidiary. If the care is arranged through a CAIR subsidiary, the contract is concluded directly between the consumer and the respective subsidiary.

The conclusion of the contract pursuant to Section 312j of the German Civil Code (BGB) only takes place on the final order page. There, the consumer is once again clearly and comprehensibly presented with the essential characteristics of the care service, the total price of the booking including all taxes and costs, as well as the identity of the caregiver or the agency. The contract between the consumer and the caregiver is only concluded when the consumer submits their declaration of intent by sending the booking request. Before submitting, the user is explicitly informed that this action constitutes a binding declaration of intent. Without this final confirmation, no contract is formed.

2.5 Forms of cooperation (employment relationship)

Cooperation between consumers and caregivers may 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 concluded exclusively between these two parties. CAIR merely provides the technical platform for contacting and communicating and does not become a contractual party.
Cooperation with a caregiver via an agency

If care is organized through an agency, the agency either acts as the contracting party of the consumer or as an authorized representative of the caregiver it places. In this case, the contractual relationship is established between the consumer and the agency or the caregiver represented by it. CAIR is not part of this contractual relationship and assumes no responsibility for its content.
Cooperation via an affiliated company of the CAIR Group

If an affiliated company of the CAIR Group organizes or arranges care services, separate contractual provisions apply. Even in these cases, CAIR itself does not become the employer of the caregiver and does not become a contractual party to the care relationship.
Common note for all models

Regardless of the chosen employment or contractual model, CAIR does not become the employer of the caregiver nor a contractual party to the care agreement. Consumers are themselves responsible for ensuring that the cooperation is legally permissible. Illegal or improperly reported employment may have serious legal consequences, including criminal or administrative penalties and potential claims for back payments by tax authorities or social security institutions.

2.6 Use of the CAIR platform

Conclusion of the contract:

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

The content of the User Agreement includes the free provision of the platform.

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 conclusion of contracts between care seekers and caregivers. The individual contract between care seekers and caregivers is hereinafter referred to as the "Care Agreement".

To search for suitable caregivers, a thorough needs assessment is carried out using a questionnaire (hereinafter referred to as the "Needs Assessment"). The answers provided by care seekers in the Needs Assessment are used to create a user profile (hereinafter referred to as the "User Profile"), which can be viewed by other platform users.

Based on the information from the Needs Assessment, CAIR offers the care seeker suggestions for 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.

The care seeker also has the option, independently of any recommendation by CAIR, to select a suitable caregiver directly via the platform based on the caregivers’ user profiles and 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 directly by caregivers based on their User Profile. If the care seekers or their clients agree to work with the selected caregiver, they have the option to conclude the individual Care Agreement directly via the platform.

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

The User Agreement between CAIR and the care seeker does not oblige the care seeker to provide any services. A payment obligation only arises 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 independent of the User Agreement between CAIR and the care seeker. It is concluded independently of this agreement by means of a separate declaration of intent on the platform.

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

The failure of a caregiver does not constitute a failure of the platform service provided by CAIR. Consumers are in principle responsible for organizing a replacement on their own.

Any compensation or reimbursement claims between consumers and caregivers are governed exclusively by the individual Care Agreement.

2.7 Right of withdrawal

Consumers have a statutory right of withdrawal of 14 days for bookings of services. The withdrawal period begins upon conclusion of the contract.

To exercise the right of withdrawal, a declaration in text form is sufficient. The withdrawal can be sent by email to the following address:

info@cair-app.com

Premature expiry of the right of withdrawal

The right of withdrawal expires early in accordance with § 356 (4) BGB if the caregiver has fully performed the service or has started to perform the service after the consumer has previously

expressly agreed that the caregiver begins performing the service before the expiry of the withdrawal period, and
confirmed that they are aware that their right of withdrawal expires upon full performance of the contract.

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

Notice pursuant to § 312k BGB (termination by button)

Consumers have the option to terminate their ongoing contracts at any time directly in the app. CAIR provides a clearly visible and easily accessible termination button through which termination can be declared electronically without further obstacles. This ensures that users can exercise their rights under § 312k BGB in a straightforward and transparent manner.

2.8 Cancellation fees

If the consumer withdraws after the start but before the full performance of the service, they owe compensation for the value of the services provided up to the time of withdrawal. The compensation is calculated based on the ratio of the services already provided to the total contractual scope and in particular includes:

travel and return travel costs;
the care days provided until withdrawal, charged based on the agreed daily rate. Started care days are charged as agreed.

Additionally, a reasonable handling fee may be charged for organizational expenses already incurred, provided these can be proven.

Cancellations outside the right of withdrawal

Regardless of the statutory right of withdrawal, bookings can be cancelled under the following conditions:

Cancellation 30 or more days before the start of the service

The client can cancel free of charge.

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 will be charged.

Cancellation less than 7 days before the start of the service

If cancellation takes place less than 7 days before the start of the service, a cancellation fee of 30% of the total amount will be charged.

Cancellation after the start of the service

If cancellation takes place after the start of the service, the client bears the following costs:

the caregiver’s travel and return travel costs,
the care days provided up to the time of cancellation, including started days,

additionally, a cancellation fee of 40% of the remaining contract value is charged.

Withdrawal form (statutory template in accordance with Art. 246a § 1 (2) EGBGB)

If you wish to withdraw from the contract, you can use this sample form and send it to the address given in the legal notice:

3. Conditions for caregivers

3.1 Registration and offering services

The caregiver is granted permission by CAIR to use the CAIR platform to offer care services to other users. They can create a listing in their profile and control when and how they offer their care service. Caregivers set the framework conditions themselves, including the amount of remuneration, availability and services.

The purchased or commissioned service must be provided or made available within the period specified in the listing or as communicated before the assignment is placed.

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

3.2 Managing the listing as a caregiver

Creation: The CAIR platform provides caregivers with technical tools for the simple creation and management of their care offerings. To offer their care service, they must first provide the required documentation and complete an identity verification procedure. Once 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 accurate information on their care services, prices and all relevant conditions or requirements for care seekers. They are responsible for their actions and omissions to ensure that the information in their offers (including availability in the calendar) and the content (e.g. photos) is always current, accurate and truthful.

Caregivers may only create one listing per care offering. However, agencies are permitted to create one listing or profile for each individual caregiver.

Confirmation of caregivers regarding their legal obligations. Caregivers are solely responsible for identifying and complying with all laws, rules, regulations and agreements with third parties that apply to their care services.

Responsibilities as a caregiver. Caregivers are responsible for their own actions and omissions as well as for those of persons involved in providing their care services. They are responsible for setting the price for their offers and defining rules and requirements for these offers. All fees and costs must be specified in the description of their offers. Caregivers are not permitted to charge additional fees or payments outside the CAIR platform. They are not permitted to request or encourage clients to create CAIR accounts, leave reviews, share personal contact details or perform other actions outside the CAIR platform 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, accurate and up to date. CAIR assumes that the agency has the necessary authority to act on behalf of the caregiver.

3.3 Taxes

If payment obligations arise from the relationships between the parties (caregiver and care seeker), they are themselves responsible for proper tax reporting. Each caregiver is required to indicate whether they offer tax-exempt services (e.g. in accordance with § 4 No. 16 UStG or comparable provisions) or are subject to VAT.

Responsibility for the accuracy of this information lies solely with the caregiver. CAIR does not assume any responsibility or liability for the tax classification, tax treatment or correct declaration of the services offered by caregivers.

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

3.4 Contractual relationship with consumers

The User Agreement between CAIR and the caregiver regarding the platform does not establish any obligation for the caregiver to provide services. Only after the caregiver has accepted a contract at the previously defined prices and services from a care seeker and thus has given their declaration of intent, does an obligation arise for them to perform the service, including the obligation to pay the CAIR 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 concluded separately via the platform by a separate declaration.

We expressly point out that the contract between the care seeker and the caregiver is only concluded when the caregiver accepts the assignment or 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 specified in their listing. They are also responsible for paying all applicable fees, such as the CAIR service fee and any applicable taxes, for each booking. Stripe Payments will deduct these amounts from the payouts. Any terms or conditions included in an additional 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 the listing description.

Independence of caregivers. The relationship between a caregiver and CAIR is that of an independent legal entity and not that of an employee, representative, joint venture partner or partner of CAIR. CAIR does not direct or control the caregiver’s care services, and the caregiver independently decides whether and when, at what price and under what conditions they offer care services.

If a caregiver is represented by an agency, the care service contract is concluded between the consumer and the caregiver represented by the agency or the agency itself if it acts as the contracting party. CAIR is not a contractual party in these cases either.

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

3.6 Other employment relationships

Caregivers who operate via the CAIR platform may work under different employment or contract models depending on their individual professional situation. The respective employment status lies solely in the responsibility of the caregiver or the organization employing them. CAIR does not become the employer of the caregiver at any time.

Employment through an agency

Many caregivers are employed by a licensed agency or are represented by such an agency under a service or placement contract. In these cases, the agency bears the employment law responsibility, including remuneration, social security contributions and legal protection for 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 organized through an agency. CAIR is not a contractual party of these agencies and has no influence on their internal employment or remuneration models.

Employment via an affiliated company of the CAIR Group

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

CAIR itself does not become the employer under this model either. The caregiver merely uses the platform to present themselves, communicate with care seekers and arrange care services. Employment law responsibility lies entirely with the respective affiliated company.

Status on the platform

Regardless of the form of employment, all caregivers appear on the platform as providers of care services. Their profile status (e.g. “verified”, “not verified” or “organized through an agency”) serves solely to provide transparency to consumers.

The type of employment relationship has no effect on CAIR’s role: the platform does not act as employer or contractual partner of the caregiver and assumes no responsibility for employment or tax obligations.

3.7 Cancellation conditions

Although cancellations by caregivers are rare, they can undermine users’ trust in the community and the platform and make planning care services more difficult. CAIR therefore reserves the right, under certain circumstances, to charge fees and impose other consequences if caregivers cancel a confirmed booking or are responsible for a cancellation.

The fees and measures set out take into account the costs and impacts caused by cancellations on users, caregivers and CAIR itself. CAIR may waive fees and other consequences if caregivers cancel due to demonstrably 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 (e.g. medical certificates or other documents) within 5 working days of cancellation. CAIR will review the documents and communicate its decision in writing.

3.8 Fees for cancellations by caregivers

CAIR charges cancellation fees to caregivers based on the booking amount and the timing of the cancellation. These fees are intended to compensate financial losses for clients and ensure the reliability of the placement system. Caregivers may be exempted from the cancellation fee if they can prove that exceptional 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 try to find a solution acceptable to all parties.

3.9 Handling of cancellation fees

The cancellation fee will be deducted from future payouts to caregivers.
If no future payouts are pending, CAIR may invoice the caregiver for the fee.
Caregivers will not receive payouts for cancelled bookings. Amounts already paid out will be deducted from future payments or invoiced.
Outstanding amounts remain due even after the caregiver account is terminated and may be enforced legally.

Exceptions to cancellation fees

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

Further consequences of cancellations

In addition to possible cancellation fees, 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 that time.
Suspension or removal of the account: In the event of repeated or unjustified cancellations, CAIR reserves the right to temporarily suspend or permanently remove the caregiver’s listing or account.

Responsibility in case of cancellations

A caregiver’s responsibility regarding cancellations refers to situations where details in the listing differ significantly from reality. Examples include:

double bookings of the same listing,
significant inaccuracies in the listing that substantially affect the planned care, such as the absence of a specified service or feature (e.g. a certain qualification).

Other important notes

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

Intentionally providing false information or documents in connection with these conditions constitutes a serious breach of the Terms of Use and may result in the immediate suspension of the CAIR account as well as further legal and contractual consequences.

4. General conditions

Caregivers who offer their listings via CAIR are responsible for the quality and safety of the services they offer.

The services offered by caregivers via CAIR are neither controlled, monitored, moderated nor checked by the Provider. Unless otherwise required by mandatory law, any liability of the Provider regarding the service, its quality, safety, accuracy and the caregiver’s entitlement to market the service is excluded.

Likewise, consumers who use CAIR are neither controlled, monitored, moderated nor checked by the Provider. The Provider therefore accepts no liability for consumers’ activities or their commercial or payment capability in connection with legal transactions concluded via CAIR.

4.1 Use

Account creation

To use the service, users must register or create a user account by providing all required data or information fully and truthfully.

The service is only available to registered users.

The user is responsible for keeping their login credentials confidential and secure. For this reason, the user must choose a password that meets the highest possible security requirements applicable on CAIR.

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

Users are obliged to inform the Provider without delay and clearly using the contact details provided in this document if their personal information, including user accounts, login credentials or personal data, has been compromised, 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 via bots or automated processes is not permitted.
Unless expressly allowed, each user may only create and use one user account.
User accounts may not be shared with third parties.

Deletion by customers

Users can delete their account at any time via the app interface or by 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 misused,
content is posted that is unlawful, offensive or inappropriate,
the security of the platform is endangered.

Users shall not be entitled to any claims for damages, indemnification or refunds due to suspension or deletion.

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 impede the prevention of fraud, the rights of others or legal requirements.

Users may appeal such decisions to CAIR Support.

4.2 Content

Content available via CAIR

Unless otherwise stated or clearly recognizable, 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 laws or third-party rights. However, it may not always be possible to achieve this outcome.

In such cases, users are requested to preferably submit their complaint using the contact details specified in this document. The right to assert any claims in or out of court remains unaffected.

Rights to content available via CAIR

All rights to the content are reserved by the Provider.

Users may only use the content to the extent necessary for proper use of the service or as expressly or implicitly provided.

In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, modify, transform, publish, transfer, sell or license the content to or via third parties, nor to enable third parties – even without the user’s knowledge – to perform these actions via their device.

Where expressly indicated via CAIR, users may download, reproduce and/or distribute selected content available via CAIR for strictly personal and non-commercial purposes, provided that copyright notices and any other notices requested by the Provider are correctly applied.

Statutory limitations or exceptions remain unaffected.

User content

Users have the option to upload, share or provide their own content on CAIR.

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 on CAIR, users grant the Provider a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, sublicensable and transferable right to access, use, store, reproduce, modify, distribute, publish, edit and transform such content as derivative works, transmit, stream or otherwise exploit it in order to provide the service and 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 subject to the same general conditions applicable to other content provided via CAIR.

Users are responsible for any content they upload, publish, share or provide on 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 to reject, remove, delete or block such content at its own discretion and to deny the uploading user access to CAIR without prior notice if CAIR believes that the content violates these Terms of Use or may otherwise have a detrimental effect on users, third parties, the Provider and/or the availability of the service.

Users shall not be entitled to any claims for damages or refunds due to the removal, deletion or blocking of content for which they are responsible.

Users agree 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 only be used as intended and in accordance with these Terms of Use and applicable laws.

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.

The Provider therefore reserves the right to take any appropriate measures to protect its legitimate interests, such as denying users access to CAIR or the service, terminating contracts, and reporting objectionable activities carried out via CAIR or the service to the competent authorities – such as judicial or administrative authorities – if users are proven or suspected to:

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, a listing or content poses an immediate danger to a person or caregiver, CAIR strongly recommends contacting the competent local authorities and, at the same time, contacting CAIR. If a user also believes that another user, listings or content violates our policies, we ask them to inform us of their concerns. If the user has already reported a matter to the local authorities, we may request a copy of that report. Please note that, unless required by law, we are not obliged to take any action in response to a report.

Users agree to cooperate with CAIR in the context of investigations or security-related checks 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 shown to caregivers and consumers before they publish a listing or accept a booking. When a Care Agreement is concluded, CAIR charges a service fee of 15% including VAT on the care service. Unless otherwise stated on the CAIR platform, service fees are non-refundable.

4.4 Reviews

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

is discriminatory, offensive or defamatory,
violates applicable law,
contains untrue factual statements, or
is otherwise inappropriate or hostile.

CAIR does not systematically review reviews but reserves the right to carry out spot checks. If reviews violate these rules 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 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 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 anonymized information on care needs in order to improve the platform and its placement mechanisms. The user can no longer be identified based on this data.

4.6 Verified and unverified profiles

Verified and unverified profiles

CAIR displays both verified and unverified caregiver profiles.

Verified caregivers

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

These caregivers can be booked directly via CAIR, with payment processed through the procedures described in the payment terms.

Unverified caregivers

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

proper registration of the caregiver,
payment of income tax as well as social security and health insurance contributions,
compliance with all legal provisions relating to employment relationships.

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

CAIR provides no warranty regarding the qualifications, legality of employment or insurance status of unverified caregivers. Users enter into agreements with unverified caregivers at their own risk. CAIR is not liable for any damages arising from such direct employment.

Communication with unverified caregivers and organizational support by CAIR

Unverified caregivers can be contacted via the CAIR platform.

If necessary, CAIR may refer users to affiliated companies that independently offer employment relationships. CAIR does not participate in placing or establishing an employment relationship.

However, there is no entitlement to advice, support or successful placement. CAIR does not guarantee that an employment relationship will be established or that CAIR will provide organizational support in every case.

Legal compliance and measures in case of violations

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

If there is a suspicion of violations, CAIR reserves the right to review, suspend or delete user profiles and, if necessary, inform the competent authorities.

4.7 Changes to these Terms of Use

CAIR is entitled to change or supplement provisions of these Terms of Use at any time with effect for the future if this is necessary due to legal or functional adjustments to the platform, for example in the event of technical changes. In such cases, 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 stop using the service and may terminate the agreement.

If the revised terms are not accepted, either party may terminate the agreement. For the period before the user accepts the changes, the previous version of the Terms of Use applicable at that time shall apply. The user may obtain any previous version of the Terms of Use from the Provider.

If required by law, the Provider will inform users in advance about the effective date of the amended terms.

4.8 Liability

Unless expressly stated otherwise or agreed with 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 fully liable for damages resulting from injury to life, body or health, provided these are based on intentional or grossly negligent breach of duty by CAIR. For other damages, CAIR is fully liable only in cases of intent or gross negligence. In the event of simple negligence, CAIR is only liable for breach of an essential contractual obligation (cardinal duty) and limited to the foreseeable, typically occurring damage.

Disclaimer for technical disruptions

CAIR accepts no liability for technical disruptions or interruptions of the service caused by 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 solely provides the technical infrastructure and a placement platform for 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 solely with the respective caregivers.

4.9 Software license

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

Provided that the user complies with these Terms of Use and regardless of any deviating provisions in these Terms of Use, the Provider grants the user only a freely revocable, simple (non-exclusive), non-sublicensable and non-transferable right to use the software and/or other solutions integrated into the service for the purpose and within the scope of the intended use of the service offered.

Users are not granted any rights to access the source code, nor to use or distribute the source code. Rights to all processes, algorithms and technical solutions contained or integrated in the software and all related documentation belong exclusively to the Provider or its licensors.

All licenses and grants of rights shall automatically terminate upon termination of the agreement, regardless of the reason.

4.10 Service interruption

In order to ensure the best possible service, the Provider reserves the right to interrupt the service for maintenance, system updates or other changes. The Provider will inform users appropriately.

Within the limits of the law, the Provider may also suspend or terminate the service entirely. In the event of service termination, 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 rights users may have to continued use and/or compensation under the law.

Furthermore, the service may be unavailable for reasons beyond the Provider’s control (so-called “force majeure” reasons), such as infrastructure failures or power outages.

Where possible, the Provider will 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 agree to the processing of their personal data in accordance with the Privacy Policy. The Privacy Policy can be accessed at any time on the platform or on the website.

4.12 Data transfer for placement and contract fulfilment

To operate the platform and facilitate placement between clients and caregivers, CAIR transfers personal data only to the extent necessary for initiating, executing and completing 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 on the person in need of care, place of assignment, desired services),
transfer of necessary data to payment service providers used by CAIR (e.g. Stripe) for payment processing.

Data processing is carried out for the performance of the User Agreement in accordance with Art. 6 (1) (b) GDPR.

Additional processing will only take place if permitted by law or if the user has expressly consented.

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 type 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 protected under applicable law or international treaties relating to intellectual property.

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

4.15 Assignment of rights and obligations

The Provider reserves the right to transfer, assign, novate or otherwise pass on all rights and obligations under these Terms of Use, taking due account of the user’s legitimate interests.

The provisions governing 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 Provider’s written consent.

5. Legal notices

5.1 Applicable law

All contractual relationships between users and CAIR are governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). International users acknowledge that German law applies to the extent permitted by law.

5.2 Place of jurisdiction

For caregivers

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

For consumers

If the user is a consumer within the meaning of 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 is domiciled.
The Provider may bring actions against the user only before the courts of the place where the user is domiciled.

For international users:

If users are resident outside Germany, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). International users acknowledge that the courts at CAIR’s registered office have jurisdiction for all disputes, to the extent legally permissible.

5.3 Amicable dispute resolution

Users may address any disputes to the Provider, which will attempt to resolve them amicably.

The user’s right to take legal action remains unaffected. In the event of disputes concerning the use of the service (CAIR) or the service itself, the user is requested to contact the Provider using the contact details specified in this document.

The user may submit the complaint, including a brief description and, where applicable, details of the related order, purchase or account, to the Provider’s email address given in this document.

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

5.4 No participation in consumer arbitration procedures

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

5.5 Severability clause

If any provision of these Terms of Use is or becomes wholly or partly invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the statutory provision.

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