General terms of use

1. The operator of the platform senioangel.de (platform) is SenioAngel GmbH, Am Schleifweg 16, 55128 Mainz, Germany; e-mail: info@senioangel.de, represented by Managing Director Gülsen Uysal and Managing Director Dirk-Alexander Kauder.
2. These General Terms of Use govern the use of the platform by registered users (users) free of charge. SenioAngel can optionally offer further services - also for a fee. Supplementary/deviating conditions for paid or special services (e.g. brokerage, marketplace purchases/sales, influencer programs) are regulated in separate supplementary agreements, which take precedence. These General Terms of Use shall otherwise remain applicable.
3. The contractual language is German. Insofar as SenioAngel provides translations of these General Terms of Use or separate terms and conditions, this is a voluntary service to facilitate the work of users. The German version remains authoritative in all cases.

1. The following services in particular can be used via the platform:
   • Information and offers relating to senior care and nursing;
   • Mediation contact between people in need of care/relatives and caregivers (from Germany and abroad) as well as foreign care service agencies;
   • Arrangement of "rental grandmothers" for childcare;
   • Community functions (finding friends, networking, exchange);
   • Marketplace for new and used care products (offers from third parties and SenioAngel);
   • Sale of care boxes (by SenioAngel);
   • Influencer program with commission opportunity.
2. SenioAngel reserves the right to modify or completely discontinue individual offers. This does not apply to paid contracts with a fixed term.
3. The specific services used (e.g. specific placements, influencer programs, individual purchases/sales, care box purchases) are the subject of separate additional agreements with their own contractual and payment terms. These will be displayed to you before conclusion and must be accepted separately. In the case of care services and Marketplace transactions, the contracts are generally concluded between the provider and the customer (user); SenioAngel is not a party to such contracts, unless expressly stated otherwise. SenioAngel receives a commission from the provider for the placement of care services, surrogates and Marketplace sales. SenioAngel does not owe any guarantee of success or quality with regard to contacts found, placement-related results, qualifications or suitability of persons. Checks, selection or consulting services are only provided if this has been expressly agreed in additional agreements.

1. Registration: Use of the platform requires registration with an e-mail address, name and password. Minors require the consent of their legal representatives; paid services require the age of majority.
2. Double opt-in: After registering, you will receive a confirmation e-mail with a 6-digit numerical code, which you must enter in a field provided on the website. The account will only be activated after confirmation.
3. Profile: You can create a profile with details (e.g. name, photo, description of goods/services offered or sought). Voluntary information should be factual, truthful and up-to-date.
4. Access data: Users must treat access data confidentially and secure it against unauthorized use. SenioAngel is entitled to block access and take account security measures in the event of suspected misuse. SenioAngel is only liable for damages resulting from unauthorized use in accordance with section 9; users are liable for activities via their account insofar as these are attributable to them.

1. Users are responsible for their own content (texts, photos, offers, reviews, etc.). All laws (e.g. copyright, trademark, personality, competition, youth protection, drug advertising, care and employment law) and third-party rights must be observed.
2. The following in particular are prohibited: content that violates the law, is discriminatory, glorifies violence, is pornographic, harmful to minors, offensive, criminal or otherwise inappropriate; promises of health or care without appropriate qualification/authorization; misleading advertising; offers of prohibited/dangerous goods; incitement to violate the law.
3. Users undertake to only upload content for which they have the necessary rights and which does not infringe the rights of third parties. Instructions and requirements of these General Terms of Use and of the moderators must be complied with.

1. You grant SenioAngel a simple, non-exclusive, royalty-free, worldwide license to the content provided by you on the platform (user-generated content), to use, store, reproduce, distribute, edit (e.g. format conversion/backups, translations, search indexing and to promote the platform itself), to the extent necessary for the operation, presentation, distribution within the platform, necessary technical reproductions (e.g. caching/backups caching/backups), translations, search indexing and for the promotion of the platform itself, including the right to sublicense to service providers commissioned with the operation (e.g. hosting/CDN). This license serves exclusively for the operation of the platform and the usual self-promotion of the platform as such; it is revocable by deletion of the content or account termination with effect for the future. Exceptions to this are content that must continue to be stored temporarily due to legal obligations or legitimate interests (evidence/archive purposes, legal defense).
2. You retain the rights to the content. If you remove content, the license ends as far as technically and legally possible; a delayed removal can take place in the context of technical caching/backups.

1. You warrant that:
   1. you have all the necessary rights to the content you have posted;
   2. your content does not violate any laws or third-party rights;
   3. the legal requirements (e.g. labeling of advertising, price information, product and safety regulations, approvals) are complied with for offers/services.
2. Indemnification: You indemnify SenioAngel against justified claims of third parties resulting from an infringement of rights culpably (intentionally or negligently) caused by you through your content or your conduct in breach of contract; this includes reasonable, legally recoverable costs of legal defense. The indemnification does not apply if SenioAngel was partly responsible for the infringement.

1. Influencers: Influencers can register and receive a reference code that can be used to register both care seekers and caregivers/caregivers; details on remuneration/commission, labeling requirements, campaign briefings and billing are set out in separate supplementary agreements.
2. Placements: SenioAngel establishes contacts; the actual assignment (e.g. caregivers/agencies/leasedomas) takes place directly between the parties and is subject to separate contracts. SenioAngel does not become a party to such contracts unless otherwise agreed.
3. Marketplace: Users can offer/buy goods. Suppliers are obliged to comply with statutory information and warranty obligations. SenioAngel is not a party to the purchase contracts, unless it is expressly a seller itself, and accepts no liability for information on goods provided by third parties.
4. Care boxes: Separate product-related conditions and statutory consumer rights (e.g. right of withdrawal) apply to the purchase and are provided when the order is placed.

1. SenioAngel may remove content that violates these General Terms and Conditions of Use or applicable law and take measures ranging from notices/reminders and temporary functional restrictions to the blocking of individual functions or the account and termination for good cause.
2. Procedure and fairness: SenioAngel always informs the user before blocking an account and gives the user the opportunity to comment (counterstatement). Blocking without prior consultation is only possible in strictly limited exceptional cases regulated in these General Terms of Use or by law (e.g. in the case of obvious criminal liability, acute danger, official order); in these cases, the user will be informed immediately afterwards, together with reasons and the opportunity to lodge a complaint.
3. If content is removed, the user will receive a statement of reasons and the opportunity to appeal/revoke the decision; content will not be irretrievably deleted until the appeal procedure has been completed, insofar as legally permissible.
4. Ordinary termination: Users can terminate this free user contract at any time with immediate effect (delete account). SenioAngel may terminate the free user contract with a notice period of 14 days.
5. Extraordinary termination: Termination without notice is possible for good cause (e.g. significant or repeated serious violations, abuse, suspected fraud, official order).

1. SenioAngel shall have unlimited liability for intent and gross negligence. SenioAngel is also liable without limitation for damages resulting from injury to life, limb or health in the event of simple negligence. These standards of protection are mandatory for consumers in the GTC and may not be excluded.
2. SenioAngel shall only be liable for simple negligent breaches of duty in the event of a breach of essential contractual obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the user may regularly rely); in this case, liability shall be limited to the foreseeable damage typical for the contract.
3. Liability under the Product Liability Act remains unaffected.
4. SenioAngel assumes no responsibility for the content and actions of third parties (e.g. user offers in the Marketplace); statutory liability privileges remain unaffected. There is no general obligation to monitor user content; if SenioAngel becomes aware of illegal content, it will act swiftly as part of a notice-and-action procedure.
5. The above liability rules also apply accordingly to legal representatives and vicarious agents.

Information on the processing of personal data can be found in our General Data Protection Notice at senioangel.de/datenschutz. This information is not part of these General Terms of Use, but will be observed when using the platform.

Illegal content can be reported via the contact address stated in the legal notice or via a reporting form provided on the platform.

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with habitual residence in the EU, the mandatory consumer protection provisions of your country of residence remain unaffected by this choice of law (Art. 6 (2) Rome I Regulation).

1. For users who are merchants, legal entities under public law or special funds under public law, the place of jurisdiction is Mainz; SenioAngel is also entitled to take legal action at the user's general place of jurisdiction.
2. The statutory places of jurisdiction apply to consumers.

SenioAngel may amend these General Terms of Use if this is necessary for valid reasons (e.g. changes to the law, supreme court rulings, technical adjustments, security or process changes) and the changes are reasonable for users. Users will be informed of significant changes in good time. If consumers do not object within a reasonable period of time or continue to use the platform, the changes shall be deemed accepted; this shall be indicated in the notification of change. Consumers have a special right of termination in the event of significant changes that considerably disrupt the contractual structure.

1. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. They shall be replaced by the statutory provisions.
2. No waiver: Failure to assert rights does not constitute a waiver of a party's rights.