Terms of Service

Courtesy translation of the binding German Allgemeine Geschäftsbedingungen (AGB). In case of any discrepancy, the German version prevails. Contract language: German. Governing law: law of the Federal Republic of Germany. Place of jurisdiction for consumers: the consumer's statutory court of domicile.

As of: 13 April 2026

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§ 1 Scope, contracting parties

(1) These Terms of Service apply to all contracts between Silverfriend GmbH, Döringstraße 6, 10245 Berlin, Germany ("SilverFriend") and consumers (§13 German Civil Code — BGB) for the use of the "SilverFriend" phone-companion service, including the companion mobile app.

(2) Conflicting or deviating terms are not recognised unless SilverFriend has expressly agreed to them in writing.

§ 2 Subject of service

(1) SilverFriend operates a daily phone companion for elderly people. The service covers:

• Scheduled phone calls to the person designated by the customer (the "senior"), according to the call plan stored in the account,
• Personalised conversation through a speech model,
• Storage of continuity notes ("memories") to support follow-up calls,
• Safety notifications to the customer (caregiver) on concrete signs of acute danger (e.g. suicidal ideation).

(2) The service is not a substitute for medical care or professional nursing. It does not replace emergency services. SilverFriend makes no medical statements, no diagnoses, and no therapy recommendations.

(3) No mood or mental-state analysis of the senior is performed or shared. The caregiver receives only:

• the call schedule,
• where applicable, safety notifications under § 2(1),
• (post-launch optional) released call summaries.

§ 3 Conclusion of contract

(1) By completing registration in the app, the customer submits a binding offer to enter into a subscription. SilverFriend accepts this offer by confirmation e-mail or by providing the service.

(2) Prior to submitting the order, the customer receives the information required under § 312j(2) BGB, including an order-data summary.

§ 4 Senior eligibility and consent

(1) The customer warrants that the person designated as senior:

• is of full legal age (18+),
• has personally consented to receiving calls (except in narrow cases of a valid advance power of attorney or statutory guardianship — see FAMILY_PROXY_CONSENT_SOP),
• has no medical condition contraindicating phone contact with unfamiliar callers (e.g. advanced dementia with high risk of confusion during phone calls).

(2) The senior's consent for voice-content processing is additionally captured on the first call itself (see Pre-call notice). If the senior withholds or withdraws consent ("do not call again" / "nicht mehr anrufen"), we stop calls immediately. This does not automatically terminate the contract — the customer may cancel under § 8 or pause the account.

§ 5 Prices and payment

(1) The prices valid at the time of the order are shown in the app.

(2) Billing occurs in advance at the chosen billing interval (monthly or annual) via the payment method on file.

(3) In case of payment default, SilverFriend may suspend the service after reminding the customer and allowing a 7-day cure period.

§ 6 Right of withdrawal for consumers

Instruction on withdrawal

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Silverfriend GmbH, Döringstraße 6, 10245 Berlin, Germany, e-mail: kontakt@silverfriend.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You may use the enclosed model withdrawal form, but it is not mandatory.

Consequences of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than fourteen days from the day on which we are informed of your decision to withdraw. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

Early termination. If you requested that the service begin during the withdrawal period, you shall pay us an amount proportional to the service provided up to the time of withdrawal.

Model withdrawal form. If you wish to withdraw from the contract, please complete and return this form:

To Silverfriend GmbH, Döringstraße 6, 10245 Berlin, Germany, e-mail: kontakt@silverfriend.de —
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the "SilverFriend" phone companion: Ordered on: ... · Name of consumer(s): ... · Address: ... · Date/signature: ... (*) Delete as applicable.

§ 7 Customer's duties

(1) The customer keeps account data (senior's phone number, availability) current.

(2) The customer ensures the senior can take calls undisturbed at the agreed times.

(3) The customer does not use the service for any other purpose (e.g. promotional calls, market research, commercial re-use).

§ 8 Term and termination

(1) The contract is concluded for an indefinite period and can be terminated monthly to the end of the month in text form (e-mail suffices) or through the app.

(2) For annual subscriptions, ordinary termination is possible at the end of the term; the right to extraordinary termination remains unaffected.

(3) Extraordinary termination is in particular possible where:

• the senior persistently refuses to accept calls,
• the agreed service could not be provided for a significant period (outages),
• a material data-protection incident affects the basis of the contract.

§ 9 Liability

(1) SilverFriend is liable without limitation for intent, gross negligence, injury to life, body, or health, and under the German Product Liability Act.

(2) For ordinary negligence, SilverFriend is liable only for breach of material contractual duties (Kardinalpflichten); liability is then limited to the foreseeable damage typical of the contract.

(3) Important: Safety notifications under § 2(1) are not a guarantee that every critical event will be detected. SilverFriend accepts no liability for damage resulting from a senior's emergency not being recognised as such, unless caused by gross negligence or intent.

§ 10 Data protection

Processing of personal data is carried out in accordance with our Privacy Policy.

§ 11 Amendment of these Terms

(1) SilverFriend may amend these Terms. Amendments are communicated to the customer in text form at least 6 weeks before they take effect.

(2) If the customer does not object in text form within 6 weeks of receipt, this is deemed consent. SilverFriend will point out this consequence in the amendment notice. Otherwise, both parties have a right of extraordinary termination.

§ 12 Dispute resolution

(1) European Commission platform for online dispute resolution: https://ec.europa.eu/consumers/odr.

(2) SilverFriend is not willing or obliged to participate in proceedings before a consumer arbitration body.

§ 13 Final provisions

(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), insofar as this is not precluded by mandatory consumer-protection provisions.

(2) If any provision of these Terms is or becomes invalid, the validity of the remaining provisions remains unaffected.

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As of 13 April 2026 · Silverfriend GmbH · Döringstraße 6, 10245 Berlin, Germany · kontakt@silverfriend.de