General Terms and Conditions

Preamble

These General Terms and Conditions (GTC) govern the rights and obligations of registered users (hereinafter “Users”) when using the MyHelfer platform, operated by MyHelfer GmbH (hereinafter “MyHelfer”, the “Platform” or the “Platform Operator”).

MyHelfer provides a digital platform through which private households can book home-related services and assistance around the home — such as repairs, moving, furniture assembly, gardening, painting, installations, laundry, locksmith services, maintenance and pest control — from self-employed service providers (hereinafter “Helpers” or “Service Providers”). In doing so, the Platform Operator acts solely as a technical intermediary. It is neither a contracting party to the arranged services nor a vicarious agent in their performance. The Platform does not pursue the purpose of temporary employment or job placement within the meaning of the German Temporary Employment Act (AÜG).

Definitions

For the purposes of these GTC, the following definitions apply:

• “Platform”: the digital intermediation platform MyHelfer, operated by MyHelfer GmbH.
• “User”: any natural or legal person who registers on the Platform, regardless of whether they offer or use services.
• “Customer”: a registered User who uses services via the Platform.
• “Helper” or “Service Provider”: a registered User who offers and performs services via the Platform.
• “Service Contract”: the contract for the provision of a service, concluded directly between the Customer and the Service Provider.
• “Intermediation Contract”: the legal relationship between the Service Provider and MyHelfer regarding the arrangement of customer requests.
• “Usage Contract”: the contractual relationship between the User (whether Customer or Service Provider) and MyHelfer regarding the use of the Platform.

§1 Scope

(1) These GTC apply to all legal relationships between the Platform Operator and registered Users, whether as a Customer or as a Service Provider.

(2) Use of the Platform is open to all natural persons, in particular consumers within the meaning of Section 13 of the German Civil Code (BGB), who wish to book services via the Platform. Service Providers who offer their services via the Platform must be entrepreneurs within the meaning of Section 14 BGB.

(3) Deviating or supplementary general terms and conditions of Users shall not become part of the contract unless the Platform Operator expressly agrees to their validity in writing.

§2 Contractual structure and legal classification

(1) Use of the Platform gives rise to several legal relationships:

• A Usage Contract is concluded between the User and the Platform Operator.
• An Intermediation Contract for arranging services arises between the Service Provider and the Platform Operator.
• A Service Contract for the provision of the service arises between the Customer and the Service Provider.

(2) MyHelfer is in no case a party to the Service Contract between the Customer and the Service Provider. The contract is concluded exclusively through the express acceptance of a booking offer by the Service Provider via the Platform. In doing so, MyHelfer merely transmits the booking requests and confirms the successful arrangement to the Customer on behalf of the Service Provider, without itself issuing any legally binding declarations of intent.

Where technically necessary for the booking process, MyHelfer is entitled to transmit pre-formulated messages on behalf of the Service Provider (e.g. booking confirmations, rescheduling notices) based on that Service Provider's user account. MyHelfer does not issue any legally binding declarations of intent on behalf of the Service Provider.

(3) Service Providers act independently within the meaning of tax and social security law. They are responsible on their own account for the proper performance of the service and for compliance with all statutory requirements.

(4) Authority to conclude: The Service Provider authorises MyHelfer solely to transmit booking requests and to provide technical confirmation of bookings via the Platform, provided these have been expressly accepted by the Service Provider. In this context, MyHelfer may transmit pre-formulated messages (e.g. booking confirmations, rebooking notices) based on the information and actions provided by the Service Provider. No legal representation beyond this, and no submission of declarations of intent on behalf of the Service Provider, takes place.

(5) Service Providers who are active via the Platform work on their own responsibility and as economically independent entrepreneurs. They decide freely whether, when and for whom they wish to provide services. There is no obligation to accept specific bookings or to maintain fixed availability. MyHelfer gives no instructions regarding the content, timing or location of the performance of the service and exerts no influence on the scope, duration or quality of the activity.

The economic responsibility for the activity lies with the Service Provider. Remuneration is processed via an external payment service provider, which receives the customer amounts in trust and pays them out to the Service Provider after deduction of the platform commission. Invoicing to the Customer takes place in the name of the Service Provider based on the information they have stored. For this purpose, MyHelfer provides solely the technical infrastructure for intermediation and billing.

§3 Registration and user account

(1) Active use of the Platform — in particular for booking or providing services — is reserved exclusively for registered Users. Without a user account, neither booking nor the provision of services is possible. Use therefore requires prior registration and the creation of a user account.

Registration takes place via the Platform's online form. After the required information has been entered, MyHelfer reviews the data and expressly reserves the decision on whether to activate the user account. Active use of the Platform is only possible after successful activation.

There is no entitlement to the conclusion of a Usage Contract or to admission to the Platform.

When registering, Users are obliged to provide complete, truthful and up-to-date information regarding their identity, contactability (address, telephone number, email address) and payment information (e.g. bank details or credit card data). Changes during the term of the Usage Contract must be updated without delay via the user account.

(2) For Customers, in particular a valid email address and an accepted payment method are required. Service Providers are obliged to submit all legally required information in full upon registration and to keep it continuously up to date. This includes in particular the tax number, the current VAT status, as well as information pursuant to the German Platform Tax Transparency Act (PStTG) and Regulation (EU) 2022/2065 (Digital Services Act). In addition, MyHelfer may request proof of a proper business registration. Without complete, verified and up-to-date information, intermediation via the Platform is not possible. MyHelfer is entitled to block profiles, or exclude them from active intermediation, until the required evidence has been fully submitted.

(3) Mere registration does not yet establish any entitlement to activation or active use of the Platform. MyHelfer expressly reserves the right to review the information provided and to decide on the activation of the user account.

(4) Insurance cover: Service Providers act in their own name and on their own account. They are expressly advised that adequate insurance cover — in particular through professional or commercial liability insurance — is recommended. MyHelfer assumes no liability for the existence or scope of such insurance cover and does not carry out any review in this regard.

To increase customer safety, MyHelfer reserves the right to provide, in the future, a central collective insurance for certain types of damage (e.g. personal injury or property damage above a certain amount). Such insurance does not release Service Providers from responsibility for their own cover.

(5) MyHelfer is entitled to temporarily suspend or permanently delete user accounts in the event of a breach of the GTC or a justified suspicion of unlawful conduct. In addition, the user account or certain functions of the Platform may also be temporarily restricted if:

• required information or evidence has not been provided,
• the User is in default with due payments, or
• technical or security-related reasons (e.g. a missing payment connection or abusive use) so require.

The restriction is lifted as soon as the reason no longer applies. The User is informed of the restriction and its cause.

(6) Helpers are obliged to create a Stripe account before providing their first service. MyHelfer itself does not process any sensitive payment data; payment processing is carried out exclusively via Stripe. Customers must store the required payment information before completing their first booking so that payment can be processed via Stripe.

§4 Scope of the platform's services

(1) MyHelfer provides a digital infrastructure that makes it possible to connect customer requests with matching offers from Service Providers. Use of the Platform does not constitute any obligation for Service Providers to accept specific or all requests. Service Providers are entitled to decline booking requests at their own discretion, without having to justify this to the Platform Operator.

(2) Intermediation takes place via an algorithmic matching system that takes several factors into account — including the availability indicated by the Service Provider, the chosen hourly rate, previous customer reviews and geographic proximity to the Customer. On this basis, the matching system decides which Service Provider is offered a booking request on a priority basis. As soon as a Service Provider accepts the request, they are assigned to the Customer as the performing person. Manual selection by the Customer is not provided for.

Pursuant to Art. 27 of Regulation (EU) 2022/2065 (Digital Services Act – DSA), MyHelfer points out that the system makes automated decisions in the selection and ordering of Service Providers. Direct manual selection of specific Service Providers by Customers is not provided for.

Notice pursuant to Art. 22 GDPR: the matching of booking requests with Service Providers takes place in an automated manner. Users have the right to request a review of the automated decision. For this purpose, MyHelfer can be contacted by email at support@myhelfer.eu.

(3) The Platform does not itself offer any services and provides no guarantee for the conclusion of a contractual relationship or for the availability of particular Service Providers or time slots.

(4) After the conclusion and performance of a service, Customers can submit a review of the Service Provider. These reviews feed into the ranking system. The Platform reserves the right to remove content if it is manifestly unlawful or violates statutory provisions.

(5) Automated invoicing on behalf of the service provider: Via the platform system, MyHelfer automatically issues invoices for the services performed in the name of the Service Provider and makes them available to the Customer in electronic form in the user profile, where they can be downloaded within a reasonable period. The automatically generated invoices serve solely as technical support for Service Providers. MyHelfer assumes no responsibility for their substantive or tax-related accuracy. Substantive and tax-related responsibility for the accuracy of the invoices remains entirely with the Service Provider. Alternatively, Service Providers may send their own invoices to the Customer independently. The Service Provider alone is responsible for tax accuracy.

The automatic generation of invoices by the Platform is based on the information stored in the Service Provider's user profile regarding VAT treatment (e.g. small-business status). This information is binding and, in the event of changes, must be updated by the Service Provider via the user profile without delay in order to ensure correct invoicing.

§5 Pricing and remuneration model

(1) Service Providers set their own hourly rate within a range specified by the Platform. The Platform Operator reserves the right to adjust this range regularly in line with standard market developments.

(2) Fixed hourly prices apply to end customers, which differ depending on the service booked.

(3) The Platform Operator receives a commission for arranging services. The end-customer price is set by the Platform and remains constant. The selectable range for the Helper's hourly rate is likewise defined in advance by the Platform. The platform commission is the difference between the total price paid by the Customer and the hourly rate chosen by the Helper within this range. The user profile transparently shows how this remuneration is composed and how the underlying structure is designed.

(4) The Service Provider acknowledges that the Platform Operator is entitled to retain this difference amount as an intermediation commission.

(5) MyHelfer reserves the right to further develop the pricing and commission model in the future in order to be able to respond to market changes or operational requirements. Service Providers will be informed of planned changes at least 14 days in advance. Should the Service Provider not agree with the new terms, they may terminate the Usage Contract with immediate effect up until the changes take effect.

(6) MyHelfer makes the invoices for the services they have performed available to the Service Provider via the user account or, on request, by email.

§6 Payment processing

(1) All payments in connection with Service Contracts arranged via the Platform are processed by a licensed payment service provider. MyHelfer merely arranges this payment service contract and is not itself a party to it.

(2) Customers and Service Providers agree that the data required for payment processing (e.g. name, account details) may be passed on to the payment service provider. The payment service provider holds the payments in trust, collects them from the Customer and forwards the corresponding share to the Service Provider after deduction of the commission.

(3) MyHelfer is entitled to charge any fees of the payment service provider if the payment fails due to errors on the part of the Customer, e.g. due to:

• a) invalid or expired payment data,
• b) chargebacks or unauthorised recalls,
• c) insufficient account funds.

(4) Payouts to Service Providers are made via the payment service provider Stripe on the basis of the respective completed bookings. After receipt of payment, the payout amount is transferred automatically, taking into account the payout periods applicable at Stripe (currently usually 7 calendar days). There is no fixed payout cycle.

(5) Administration of cancellation fees: MyHelfer is entitled, on behalf of the Service Provider, to assert, collect and settle via the payment service provider any cancellation fees owed by the Customer pursuant to § 8 of these GTC. The Service Provider expressly consents to the automated processing of these fees. In addition to the cancellation fee, a service fee may be charged for processing via the Platform.

§7 Right of withdrawal

(1) As a consumer, the Customer is generally entitled to a statutory right of withdrawal pursuant to Section 355 BGB. The Customer is separately informed of this right as part of the booking.

(2) The Customer's right of withdrawal lapses if the service has been performed in full and the Customer expressly agreed, before the start of performance, that the right of withdrawal lapses in this case.

(3) The corresponding notices and consents are given as part of the booking process.

(4) In the case of an effective withdrawal pursuant to Section 355 BGB that takes place before the start of the service, no costs or cancellation fees are incurred by the Customer, even if the booking was made within 24 hours before the start. Cancellation fees pursuant to § 8 apply only if the Customer does not exercise their statutory right of withdrawal and voluntarily cancels the booking by way of an independent declaration.

§8 Booking, rebooking and cancellation

(1) Customers can book services via the Platform. The conditions displayed at the respective time of booking apply.

(2) Rebooking of existing appointments is not technically provided for. Customers must cancel an existing appointment and, if required, make a new booking.

(3) Cancellation by customers: If a booking is cancelled by the Customer outside the statutory right of withdrawal, the following rules apply:

• More than 24 hours before the scheduled appointment: cancellation is free of charge.
• Between 24 hours and 4 hours before the appointment: a cancellation fee of 25% of the agreed booking price applies, less a platform cost share of EUR 1.99 per booked hour.
• Less than 4 hours before the appointment: a cancellation fee of 50% of the agreed booking price applies, less a platform cost share of EUR 2.99 per booked hour.

In the event of a cancellation, the applicable cancellation fee is split: the Platform retains a flat amount per booked hour to cover internal transaction and system costs. The remaining amount is automatically credited to the originally booked Helper.

(4) Cancellation by service providers: In the event of short-notice cancellations by the Service Provider, MyHelfer reserves the right to inform them of any consequences (e.g. temporary suspension). Repeated short-notice cancellations without a valid reason may lead to the suspension of the user account. The Service Provider has the opportunity to set out the facts of the matter in writing.

(5) In the event of a justified and demonstrably non-culpable impediment of the Service Provider (e.g. illness), it is possible to cancel the assignment free of charge. The Platform may request suitable evidence for this.

(6) In all other cases, the cancellation conditions valid at the time of booking apply, which must be displayed to the Customer before completing the booking and confirmed by them.

§9 Avoidance of direct dealings outside the platform

(1) Service Providers undertake, during their active use of the Platform and for a period of twelve months after the last booking arranged via MyHelfer, not to agree on paid services directly with customers arranged via MyHelfer, or to handle them outside the Platform — unless the new booking is again made via the Platform.

(2) In particular, it is prohibited to contact end customers outside the Platform with the aim of providing services commission-free by circumventing the Platform. This prohibition covers both active contact initiated by the Service Provider and the acceptance of corresponding offers from the customer side.

(3) A breach of this prohibition on subsequent direct arrangement or circumvention may be subject, by the Platform Operator, to a lump-sum compensation claim of EUR 500.00 plus VAT. The Service Provider remains entitled to prove that no damage, or lesser damage, has occurred. This prohibition does not apply if the Customer initiates contact on their own and a new contractual relationship arises outside the Platform's sphere of influence. In that case, the compensation claim does not apply.

(4) The Platform Operator is entitled to ask end users to report cases where they become aware of circumvention attempts by Service Providers. Such a report may lead to immediate termination of the contract.

§10 Obligations of users

(1) All Users undertake to use the Platform exclusively within the framework of the applicable statutory provisions and these GTC. In particular, it is prohibited to violate criminal provisions, the rights of third parties, or public morals.

(2) It is prohibited to post assignments or offers via the Platform that are contrary to public morals, misleading, unlawful or discriminatory.

(3) Service Providers are obliged to fulfil all statutory requirements relevant to their self-employed activity. This includes in particular:

• the registration of a business,
• proper registration for tax purposes,
• the independent payment of taxes and social security contributions,
• taking out professional or commercial liability insurance. MyHelfer itself does not provide any insurance cover.

(4) Service Providers are not bound exclusively to MyHelfer and may also offer their services on other platforms or directly. A restriction exists only with regard to the platform tie towards arranged customers governed by § 9.

(5) Users are obliged to keep their access data confidential and to protect access to the Platform against unauthorised access. The use of a user account by third parties is not permitted.

In addition, Users are obliged to keep their contact details in the user account — in particular email address and mobile phone number — always up to date in order to ensure the deliverability of system-relevant notifications.

(6) In the event of a suspicion of misuse or unauthorised use of a user account, the Platform Operator must be informed without delay.

(7) The User agrees that communications in connection with the use of the Platform (e.g. booking confirmations, changes, payment reminders, technical notices) are sent by email and/or SMS. These notifications are deemed to have been properly delivered once they have been sent to the email address or mobile phone number stored in the user account.

For certain notification types, the User can choose in the user profile whether to receive them by email or SMS. This setting can be changed at any time.

§11 Data protection information

(1) MyHelfer processes Users' personal data in compliance with the applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

(2) Detailed information on the nature, scope, purposes and legal bases of the data processing, as well as on your rights as a data subject, can be found in MyHelfer's privacy policy, available via the “Datenschutz” menu item.

(3) Payment-related data (e.g. credit card data) is processed exclusively by the payment service provider Stripe. MyHelfer has no access to this data at any time.

§12 Liability

(1) The Platform Operator is liable without limitation for intent and gross negligence, as well as for damage arising from injury to life, body or health.

(2) For slight negligence, the Platform Operator is liable only in the event of a breach of a material contractual obligation (cardinal obligation). Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the User may regularly rely. In this case, liability is limited to the foreseeable damage typical of the contract.

(3) The Platform Operator is not liable for the proper performance of the contract by the arranged Service Providers or Customers. In particular, MyHelfer assumes no responsibility for the conclusion, performance or quality of the arranged services.

(4) MyHelfer is liable for data losses only insofar as the User has not properly fulfilled their duties to cooperate, in particular where the data loss is attributable to an omitted or insufficient regular data backup by the User.

(5) Insofar as the liability of the Platform Operator is excluded or limited, this also applies to the personal liability of its legal representatives, employees and vicarious agents.

§13 Contract term and termination

(1) The Usage Contract between the User and the Platform Operator is concluded for an indefinite period.

(2) Both parties may terminate the Usage Contract at any time without giving reasons, with a notice period of seven (7) calendar days, in text form (e.g. by email).

(3) Termination of the Usage Contract does not affect bookings already agreed but not yet fully completed. These must be properly fulfilled by the Users, unless there is an extraordinary termination for good cause.

(4) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the case of:

• serious or repeated breaches of these GTC,
• misuse of the Platform,
• violations of statutory provisions,
• significant acts of deception during registration or use of the Platform.

(5) Upon termination of the Usage Contract, the user account is deactivated. The User's personal data is deleted, subject to statutory retention periods. Data subject to a statutory retention obligation (e.g. under tax or commercial law) is retained until the expiry of the respective statutory period and then deleted.

(6) Reactivation of the deactivated user account is only possible with the express consent of the Platform Operator.

§14 Final provisions

(1) All contracts between the Platform Operator and the Users are governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) Insofar as legally permissible, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the Platform Operator.

(3) Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected.

(4) Amendments and supplements to these GTC must be made in text form. This also applies to the waiver of the text-form requirement.

(5) In all other respects, the statutory provisions apply.