Términos y Condiciones

Terms of Service (AGB) — Silverfriend GmbH

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: 10 September 2026 · Version: 1.3

§ 1 Scope, contracting parties, definitions

(1) These General Terms and Conditions ("Terms") apply to all contracts between

Silverfriend GmbH
Döringstraße 6, 10245 Berlin, Germany
Commercial register: Amtsgericht Charlottenburg, HRB 277280 B
VAT ID: DE457343045
E-mail: kontakt@silverfriend.de · Phone: +49 15678 616839
Managing director: Feras Alsamawi

("SilverFriend", "we") and consumers (§ 13 German Civil Code, BGB) for the use of the "SilverFriend" phone-companion service, including the subscriber app (iOS and Android).

(2) These Terms apply exclusively. Conflicting or deviating terms are not recognised unless SilverFriend has expressly agreed to them. This requirement of consent applies in every case.

(3) In these Terms:

• Subscriber: the contracting party — typically an adult family member — who takes out the subscription, creates the profile of the older person and pays for the service.
• End user or "older person": the person SilverFriend talks to on the phone. They are the beneficiary of a genuine contract for the benefit of a third party (§ 328 BGB): they acquire their own rights from this contract as set out in § 4, without becoming a contracting party themselves or taking on obligations — in particular no payment obligation.
• Speech model or "AI": the voice AI used in our service, which conducts the actual phone conversation with the older person. It is operated at a cloud provider in the European Union; the providers used are listed in the privacy policy and the subprocessor list.
• Call record: the written record of the conversation created automatically during a call. No audio recording of the speech model's calls is made. The call record is deleted after 14 days; exceptions are governed by § 2(5) and the privacy policy.
• Call overview: the brief overview of each call created for the subscriber after every call (§ 2(4)) — no content, no summary of the conversation, no mood assessment.
• Consent call: a recorded call to the older person conducted personally by a member of SilverFriend's staff, in which the older person's data-protection consent is obtained and documented (§ 4(4)(a)). It is the only recorded call in the entire service.
• First call: the speech model's first call to the older person. It requires consent already given under § 4 and includes a detailed spoken introduction.
• Wellbeing notice: the function described in § 2(5) and (6) (observation of anything that stands out, with human review and notification of the registered contacts).
• Call hours: every day — including weekends and public holidays — from 07:00 to 20:00 German time. The speech model's calls take place within the call hours (§ 2(1)); the last call starts no later than 19:45, and a conversation that has begun may run past 20:00.
• Service hours: every day — including weekends and public holidays — from 09:00 to 20:00 German time. Within the service hours, flagged conversations are reviewed (§ 2(5)); calls placed before 09:00 are reviewed from 09:00 on.

(4) Individual agreements made with the subscriber in a specific case (including side agreements, supplements and amendments) take precedence over these Terms in every case. Side agreements may also be made in writing or in text form.

(5) Legally relevant declarations and notices that the subscriber has to make to SilverFriend after conclusion of the contract (e.g. setting deadlines, notices of defects, declarations of rescission or reduction) require at least text form to be effective.

(6) References to the applicability of statutory provisions are for clarification only. Even without such clarification, the statutory provisions apply unless they are directly amended or expressly excluded in these Terms.

§ 2 Subject of the service

(1) SilverFriend provides a phone-based companion service for the older person named in the subscriber profile. The service covers:

• scheduled phone calls to the older person's phone number stored in the profile, according to the call plan set by the subscriber; calls take place exclusively within the call hours (every day 07:00 to 20:00, last call starting no later than 19:45), and the subscriber chooses the times within that window;
• personalised conversation by the speech model, based on the profile details (favourite topics, interests, call times);
• storage of structured memory notes for conversational continuity in future calls;
• no audio recording of the speech model's calls; only a written call record is created, which is deleted after 14 days (§ 1(3); exceptions § 2(5) and the privacy policy);
• provision of a brief call overview per call in the subscriber app, showing whether the call took place, its duration, the word count and the top topics;
• the wellbeing notice to the contacts stored in the profile, exclusively in the form described in § 2(5) and (6);
• sending of a welcome brochure to the older person before the first call — by post or, at the subscriber's choice, by e-mail — including the mandatory data-protection information and the short-form service description (paragraph 7).

(2) The service is not a substitute for medical care, professional nursing or an emergency call. The speech model makes no medical statements, no diagnoses, no therapy or dosage recommendations, provides no psychotherapeutic counselling and does not replace the family doctor, a care service or 112.

(3) No analysis, assessment or communication of the older person's mood, emotional state or mental condition takes place. This self-restriction is a central contractual assurance and applies both towards the subscriber and towards the older person. SilverFriend will not create, store, communicate or make available to any third party a mood score, a sentiment value, an engagement rating or a health inference derived from the voice content — with the sole, narrowly defined exception of the wellbeing notice under § 2(5).

(4) In the call overview, the subscriber sees only the following information per call: whether the call took place, the duration of the conversation, the number of words spoken and a short list of the call's top topics. Content excerpts, verbatim records or comparably detailed information are not made available to the subscriber.

(5) Wellbeing notice (observation of anything that stands out, with human review). After every call has ended, the system automatically evaluates the call record for explicit statements and conversational events that may indicate acute danger to the older person — namely statements of self-harm or suicide, a described medical emergency, or indications of ongoing abuse. Detection relies exclusively on explicit statements and conversational events; no mood, sentiment or health analysis takes place, in line with paragraph 3. Every flag detected in this way is then reviewed personally by a member of SilverFriend's staff; no notification is sent without prior human review, and notification during the call itself is not part of the service. Where there are indications of acute danger to life or limb, the review takes place within the service hours without delay; otherwise usually within 48 hours after the call. The service hours are every day — including weekends and public holidays — from 09:00 to 20:00 German time; no review takes place outside the service hours; calls placed before 09:00 are reviewed from 09:00 on. No specific processing or delivery time is promised. If the review confirms the flag, SilverFriend notifies the contacts stored in the subscriber profile — first the first contact, and the second contact if the first cannot be reached — asking them to get in touch with the older person. This notification contains no content from the conversation, no diagnosis and no risk assessment. If the review indicates acute danger to life or limb, a member of staff first calls the older person back themselves and informs the stored contacts in parallel; if there is no response, or the danger is confirmed, SilverFriend may alert the emergency services (112, and in the case of danger from other persons also the police, 110) — even where no street address is stored — and in doing so pass on the older person's name, phone number, town and, where stored, address. The system never places an emergency call automatically; whether and when an emergency call is made is decided by a human being in every individual case. An emergency call by SilverFriend is only possible for phone lines in Germany. The responsibility for calling the emergency services in an emergency they recognise themselves remains with the older person and their relatives.

(6) Scope of the wellbeing notice owed. The wellbeing notice is based on an automated, probability-based evaluation of completed calls followed by human review. What is owed is solely the provision and operation of the function in the manner described in paragraph 5, applying the procedure described in the privacy policy. It is not owed that dangerous situations are detected or correctly assessed, or that notifications are delivered in every case or in good time. The function may miss emergencies, rate something uncritical as critical, or, for technical or organisational reasons (e.g. connection or delivery problems, ongoing human review), trigger no notification or a delayed one; it evaluates only calls that took place; no human review takes place outside the service hours. The absence, delay or factual inaccuracy of a notification therefore does not in itself constitute a defect of the service. The wellbeing notice is not a home emergency call, monitoring, care or rescue service, not a medical device, and does not serve to detect or monitor illness; it replaces neither such services nor personal care nor the emergency number 112 (paragraph 2). The responsibility for the care and support of the older person remains with their relatives and the bodies responsible for this. The older person's own claim (§ 4(2)) in respect of the wellbeing notice exists exclusively to the extent described in paragraphs 5 and 6.

(7) AI transparency and information for the older person. At the start of every call, SilverFriend discloses to the older person that a voice AI is speaking ("your AI companion"). In the first call, the older person additionally receives a detailed spoken introduction in age-appropriate language. The welcome brochure (paragraph 1) contains the written mandatory data-protection information and a short-form service description in plain language, in particular the content of paragraphs 2, 3, 5 and 6 ("What SilverFriend does for you — and what it does not").

§ 3 Conclusion of contract

(1) By completing registration in the subscriber app, the subscriber submits a binding offer to enter into a subscription contract. A prerequisite for submitting the offer is confirmation of these Terms in the ordering process.

(2) SilverFriend accepts the offer by confirmation e-mail.

(3) Before submitting the order, the subscriber receives the mandatory information under § 312j(2) BGB, including an overview of the order data. The text of the contract is stored electronically and can be accessed by the subscriber at any time via the subscriber app.

(4) Contract for the benefit of a third party. The contract is concluded between Silverfriend GmbH and the subscriber. It is a genuine contract for the benefit of a third party within the meaning of § 328 BGB in favour of the older person named in the profile: the older person acquires the own rights described in § 4(2) directly against SilverFriend. Obligations — in particular payment obligations — do not arise for the older person from this contract. The older person's legal position is governed in detail by § 4.

§ 4 Legal position of the older person, eligibility and consent

(1) The subscriber warrants that the older person named as end user is of full legal age and that no circumstances known to them exist which would advise against phone contact with SilverFriend (such as an advanced cognitive impairment with a high risk of confusion during phone calls with unfamiliar voices).

(2) Own rights of the older person. Under this contract, the older person has their own claim to the provision of the calls under § 2 and — mirroring this — the own right, exercisable at any time, to decline, suspend or permanently end the calls (paragraph 5). Exercising these rights does not require the subscriber's involvement. The older person has no payment obligation or other performance obligation.

(3) Defences (§ 334 BGB). SilverFriend may raise against the older person all defences under this contract that SilverFriend also has against the subscriber. In particular, the service description (§ 2), the availability provision (§ 11), the liability provisions (§ 12) and any right of retention due to the subscriber's default in payment (§ 5(3)) also apply towards the older person. The older person cannot demand more from SilverFriend than is contractually owed to the subscriber; for the wellbeing notice, the limitation in § 2(6), last sentence, applies.

(4) Consent of the older person. The older person's consent to the voice processing relevant under data-protection law is a separate prerequisite for the regular provision of the service. It is obtained — at the choice of the subscriber and the older person — by one of the following three equally valid routes; the details and the wording of the consent are set out in the privacy policy:

• a) Consent call. A member of SilverFriend's staff calls the older person at a time agreed with the subscriber, explains the service in plain language and obtains consent orally. This call is recorded — after prior notice and the older person's separate consent to the recording; the recording serves exclusively as proof of consent and is kept for the term of the contract and three years beyond (technical details, in particular the write protection against subsequent alteration: privacy policy). The speech model's later calls are not recorded (§ 2(1)).
• b) E-mail confirmation. The older person receives, at their own e-mail address, an invitation with a single-use link valid for 72 hours to a confirmation page in plain language and large print. Confirmation takes place in two steps: first the older person confirms that they received this message themselves; then they give their consent. Both steps are logged in an audit-proof manner (timestamp, version of the consent text, account assignment).
• c) SMS confirmation. As under (b), but by SMS to the older person's own mobile number.

Confirmation under (b) and (c) must be given by the older person themselves; the subscriber may not give it on their behalf and warrants this. Consent by a representative — for instance on the basis of a power of attorney or guardianship — is not provided for; SilverFriend does not examine such documents. If the older person cannot or does not wish to consent themselves, the service cannot be provided.

(5) Precedence of the older person's will; withdrawal. If the older person indicates to SilverFriend — in whatever form, including orally during a call ("nicht mehr anrufen" / "please stop calling") — that they no longer wish to receive calls, SilverFriend stops all further calls once the wish has been reviewed after the call — normally the same business day — without further enquiry and without any approval requirement; this applies irrespective of instructions from the subscriber. The review by a member of staff precedes the stop and serves solely to rule out misunderstandings: the wish is recognised by a language model from the call record, and a misdetection would take an older person out of the service who never asked for that. The withdrawal takes effect from the moment it is expressed. Declarations that do not have to be inferred from a conversation — in particular via the opt-out link or to the team — stop the calls immediately. The subscriber hereby expressly agrees to this precedence of the older person's will. Withdrawing consent is thus as easy as giving it. With the withdrawal, the basis for the further storage of the call records, memory notes, life chronicle and profile details of the older person ceases; SilverFriend deletes this data seven days after confirmation of the withdrawal, unless SilverFriend needs it for its own legal defence or on the basis of statutory obligations (in particular proof of consent and withdrawal and documented safety events; details in the privacy policy). The older person's phone number remains stored only as a block entry so that no further call is made.

(6) The stopping of calls described in paragraph 5 does not automatically terminate the contract between SilverFriend and the subscriber. SilverFriend informs the subscriber of the situation without delay and in doing so expressly points out their right of termination under § 9(3); the subscriber may terminate extraordinarily or pause the account.

(7) Identity check of the subscriber. No ID verification of the subscriber takes place. Identification is carried out via the subscriber app's standard sign-in procedure in conjunction with the stored payment details.

§ 5 Prices and payment

(1) The prices valid at the time of the order are shown in the subscriber app and in the respective app store. The offer may distinguish between several price tiers, for instance by call frequency, call duration or additional service components. All prices include statutory VAT.

(2) Billing takes place in advance at the chosen billing interval (monthly or, where offered, annually). Payment is processed via the app store in which the subscription was taken out (Apple App Store or Google Play); for technical subscription management, SilverFriend uses a service provider named in the subprocessor list.

(3) SilverFriend has a right of retention if the subscriber is in default with a payment after a reminder and a grace period. This may lead to a temporary impairment of the use of the service. SilverFriend will announce the exercise of the right of retention to the subscriber in advance.

(4) Price-adjustment clause. SilverFriend may adjust prices with effect for the future, in particular in the event of lasting changes in the costs of telecommunications services, cloud and AI infrastructure, taxes, staff and development, and in the event of a substantial extension of the scope of the service. SilverFriend will only make a price adjustment where it is necessary for SilverFriend to cover the actual development of costs. The price adjustment will be made at reasonable discretion and only where it is reasonable for the subscriber. A price adjustment is communicated to the subscriber at least six weeks before it takes effect in text form (e-mail suffices). In the event of a price adjustment, the subscriber has a special right of termination as of the date it takes effect; the special right of termination is expressly named in the notice. If no termination is made within the six-week period, the price adjustment is deemed approved by the subscriber; this consequence is expressly pointed out in the notice.

(5) The subscriber is entitled to set off only if their counterclaim has been finally established by a court, is undisputed or has been acknowledged in writing by SilverFriend, or if the claims are mutually dependent (performance and consideration).

§ 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.

Exercising the right of withdrawal. To exercise your right of withdrawal, you must inform us (Silverfriend GmbH, Döringstraße 6, 10245 Berlin, Germany, phone: +49 15678 616839, 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 (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the service begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

With full performance of the contract by SilverFriend (full provision of the service for the agreed billing period), the right of withdrawal expires if the subscriber has expressly agreed that SilverFriend begins performance before the end of the withdrawal period and has confirmed their knowledge that they lose their right of withdrawal upon full performance of the contract (confirmation in the ordering process).

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 of consumer(s): ___ · Signature (only if this form is notified on paper): __ · Date: ____ — (*) Delete as applicable.

§ 7 Duties of the subscriber

(1) The subscriber keeps the older person's profile data current, in particular the phone number, the desired times within the call hours and the contacts stored in the profile for wellbeing notices. It is recommended to additionally store a second contact who can be notified if the first contact cannot be reached. The older person's postcode and town must be provided; the street and house number are optional. SilverFriend uses a stored address to send the welcome brochure and may pass it on to the emergency services in the case described in § 2(5). The service is intended for phone lines in Germany.

(2) The subscriber ensures that the necessary conditions are in place on the older person's side so that the older person can take calls undisturbed at the agreed call times. In particular, it is the subscriber's responsibility to ensure that the older person has a working phone, that the line is free and that the battery is charged. The subscriber informs SilverFriend without delay if the older person's living situation changes substantially (for instance a hospital stay, a change of residence, a move to a care facility or a lasting impairment), and in particular of the older person's death (§ 9(4)). Notice may be given via the subscriber app or in text form.

(3) The subscriber may not pass access credentials on to third parties without authorisation. If a third party gains knowledge of the access credentials, the subscriber must inform SilverFriend without delay. The subscriber undertakes to exercise the necessary care in handling their access credentials and to keep them strictly confidential. The subscriber is liable for any damage incurred by SilverFriend as a result of a breach of this duty of the subscriber.

(4) For the purposes of performing the contract, the subscriber grants SilverFriend the right to reproduce the data to be stored by SilverFriend for the subscriber and the older person to the extent technically necessary for the performance of the contract, insofar as this is required to provide the services owed under this contract. SilverFriend is also entitled to hold the data in a fail-over system or a separate fail-over data centre. To remedy faults, SilverFriend is furthermore entitled to make changes to the structure of the data or the data format.

(5) The subscriber is not entitled to transfer this contract with all rights and obligations to third parties.

(6) The subscriber maintains the payment method required for billing and ensures compliance with any platform-side requirements of the app store. Ending the subscription in the app store is the subscriber's responsibility; deleting the account in the app does not end the subscription in the app store.

(7) The subscriber does not use the service for other purposes, in particular not for promotional calls, market research, commercial re-use of the memory notes or any other use outside the companion purpose agreed here.

(8) The subscriber should inform SilverFriend as soon as the older person has expressed the wish to end the service — even if this wish was not expressed directly during a call but, for instance, in a personal conversation between the subscriber and the older person.

(9) Where SilverFriend provides necessary security and functional updates that do not impair the contractual use, the subscriber is, where applicable, obliged to install and use the updates. If the subscriber does not use the updates and the update maintains the state of the art or maintains or improves the functionality of the service including the app, the subscriber cannot assert any claims against SilverFriend based on a defect of the service that would not exist had the updates been properly installed.

(10) The subscriber is further obliged to temporarily refrain from use during maintenance windows, to accept changes to the service in the form of upgrades and updates, to cooperate in quality-assurance measures and to provide all information required for the operation and functionality of the service.

§ 8 Duties of SilverFriend

(1) SilverFriend undertakes to take suitable precautions against data loss and to prevent unauthorised access by third parties to the subscribers' data. To this end, SilverFriend will make regular backups of the data and operate its IT infrastructure in accordance with the general state of the art. In addition, SilverFriend observes and complies with the statutory provisions on data protection and data security.

(2) The data entered by the subscriber remain their property for the entire term of the contract. SilverFriend is not responsible for entering or converting data held by the subscriber. The subscriber must do this themselves.

(3) SilverFriend is entitled to block the subscriber's access if there is reasonable suspicion that the data entered and stored by the subscriber are unlawful and/or infringe the rights of third parties. Reasonable suspicion of unlawfulness and/or infringement exists in particular where courts, authorities and/or other third parties inform SilverFriend of this. SilverFriend must inform the subscriber of the block and the reason for it without delay. The block must be lifted as soon as the suspicion has been dispelled.

(4) If and insofar as the subscriber processes personal data of third parties on IT systems for which SilverFriend is technically responsible, SilverFriend will conclude a data-processing agreement with the subscriber, unless the processing by the subscriber is carried out exclusively for private purposes within the meaning of Art. 2(2)(c) GDPR.

(5) If SilverFriend becomes aware that the older person is no longer capable of giving consent, SilverFriend may suspend the service until the matter is clarified. If the subscriber cannot demonstrate the older person's capacity to consent within a reasonable period, SilverFriend is entitled to terminate the service.

§ 9 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). The subscription itself is ended by the subscriber in the App Store or on Google Play (§ 7(6)).

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

(3) Extraordinary termination is in particular possible where

• the older person persistently refuses to accept calls, has declared "nicht mehr anrufen" or otherwise withdraws their consent to the calls,
• the agreed service could not be provided for a significant period,
• a material data-protection incident affects the basis of the contract,
• SilverFriend makes a substantial change to the service to which the subscriber does not agree (§ 13),
• a price adjustment under § 5(4) is not accepted by the subscriber.

(4) Death of the older person; permanent unreachability. With the death of the older person, the service owed by SilverFriend becomes impossible (§ 275(1) BGB). The contract ends on the day of death without the need for termination; the subscriber's payment obligation ceases from that point by operation of law (§ 326(1) sentence 1 BGB). Fees already paid in advance for the period after the day of death are refunded by SilverFriend on a pro-rata basis — via the app store in which the subscription was taken out or, where this is not possible there, directly to the subscriber. The subscriber informs SilverFriend of the death (§ 7(2)) and ends the subscription in the app store (§ 7(6)); the calls are stopped immediately and permanently upon notice. The stored data of the older person are deleted in accordance with the privacy policy. If the older person moves permanently to a residential care facility or is permanently unreachable by phone for other reasons, the service does not thereby become impossible; in these cases the subscriber may terminate extraordinarily with immediate effect.

(5) In the event of a justified extraordinary termination, SilverFriend refunds a pro-rata amount of the billing period already paid, insofar as the service has not yet been provided.

(6) SilverFriend additionally has a right of termination without notice if the subscriber is in default with the payment of two consecutive invoices after a reminder and a grace period.

(7) After termination of the contract, the subscriber must cease using the service including the app without delay and, where applicable, completely remove all installed copies of all program components from their computers and systems. Any backup copies made must, at SilverFriend's choice, be handed over to SilverFriend or irretrievably destroyed by the subscriber.

(8) The subscriber and the older person remain in every case the sole persons entitled to their data and may therefore at any time, in particular after termination of the contract, demand the release of individual or all data, without any right of retention on the part of SilverFriend.

§ 10 Warranty

(1) SilverFriend undertakes to maintain the service offered, including the associated software and app, in a condition in conformity with the contract for the term of the contract, so that it is suitable for use in conformity with the contract. SilverFriend warrants that the subscriber can use the service without infringing the rights of third parties.

(2) The subscriber is obliged to notify SilverFriend of any malfunctions and defects without delay. Notification must be made in text form. Insofar as SilverFriend cannot remedy the defect due to the subscriber's failure to notify, rights of reduction, damages and termination are excluded to that extent. The subscriber must describe the time of occurrence of the defects and their specific circumstances as precisely as possible.

(3) SilverFriend points out to the subscriber that restrictions or impairments of the services provided may arise which are outside SilverFriend's sphere of influence. These include in particular actions by third parties not acting on SilverFriend's behalf, technical conditions of the internet that SilverFriend cannot influence, and force majeure. The hardware, software and technical infrastructure used by the subscriber may also affect SilverFriend's services. Insofar as such circumstances affect the availability or functionality of the service provided by SilverFriend, this has no effect on the conformity of the services provided with the contract.

(4) SilverFriend is not liable regardless of fault for defects existing at the outset. The subscriber has the statutory warranty rights in accordance with this contract. If SilverFriend is in default with remedying a defect, the subscriber may terminate the contract without notice only if the defect is material and SilverFriend has previously been warned of the termination. The subscriber may exercise their right to remedy the defect themselves only if they are professionally and actually able to do so. They have no right to access SilverFriend's servers or, in particular, the source code of the software for this purpose.

§ 11 Availability and service quality

(1) SilverFriend endeavours to achieve a high availability of the call service within the call hours. No specific availability rate is promised. Planned maintenance windows, force majeure and outages of telecommunications carriers or cloud infrastructure for which SilverFriend is not responsible are disregarded in this respect.

(2) The subscriber pays a flat subscription fee for the service as a whole; no fee per individual call is charged. If an individual scheduled call does not take place for reasons within the older person's sphere — for instance because the call is not answered, the line is busy or the number is unreachable — no voicemail is left and no repeat is made; the call that did not take place is noted in the subscriber's call overview, and the next call takes place as usual at the agreed time. No pro-rata refund or reduction claim exists in these cases. If SilverFriend is responsible for the call not taking place, the subscriber's statutory warranty rights (§ 10) and the rights in the event that the service could not be provided for a significant period (§ 9(3)) remain unaffected. If several scheduled calls in a row remain unanswered, SilverFriend may inform the subscriber and suspend the calls as a precaution until the subscriber gets in touch.

(3) In the event of significant planned maintenance windows or functional changes, SilverFriend informs the subscriber by e-mail and in the call overview with reasonable notice.

(4) SilverFriend answers subscriber enquiries to customer service by e-mail, usually within two working days (Monday to Friday). Customer service is not an emergency channel; in an emergency, always call 112.

§ 12 Liability

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

(2) In cases of ordinary negligence, SilverFriend is liable only for breach of material contractual duties, the fulfilment of which is essential for the proper performance of the contract and on whose observance the subscriber may regularly rely (cardinal duties); in these cases liability is limited to the foreseeable damage typical of the contract.

(3) Clarification regarding the wellbeing notice. The scope of the wellbeing notice owed is set out conclusively in § 2(5) and (6). No further duty of detection, monitoring or success exists. The non-detection of a dangerous situation or the absence of a notification therefore does not in itself constitute a breach of duty. Liability under paragraphs 1 and 2 for culpably falling short of the service owed under § 2(5) and (6) remains unaffected, for instance where an acute dangerous situation has been confirmed in the human review and the callback, the notification of the contacts or an emergency call that was required nevertheless culpably fails to take place. SilverFriend does not replace the emergency number 112 or the regular personal or nursing attention of the family and the responsible care structures.

(4) Clarification regarding AI behaviour. Despite the multi-layered safety precautions described in the privacy policy and the AI information, it cannot be ruled out that the speech model in individual cases makes a factually incorrect statement ("hallucination") or fails to show an expected behaviour. The AI-generated conversation content serves exclusively social conversation and general communication. SilverFriend gives no warranty for the factual accuracy of individual statements. Without prejudice to liability for cardinal duties under paragraph 2, SilverFriend is not liable for damage arising from reliance on a factually incorrect individual statement of the model, unless gross negligence or intent is present.

(5) The limitations of liability in § 12(2) to (4) do not apply to the cases named in § 12(1).

(6) For loss of data, SilverFriend is liable only in accordance with the preceding paragraphs and only if such loss could not have been avoided by reasonable data-backup measures on the subscriber's part.

(7) The limitations of liability also apply accordingly to SilverFriend's vicarious agents.

(8) No further liability of SilverFriend exists; in particular, SilverFriend is not liable for data provided by the subscriber, unless SilverFriend adopts them as its own by passing them on.

§ 13 Changes to the scope of the service and to these Terms

(1) SilverFriend may adjust these Terms and the scope of the service insofar as this is reasonable for the subscriber and the contractual balance between performance and consideration is not substantially shifted to the subscriber's detriment. An adjustment is possible in particular where

1. statutory or regulatory requirements change,
2. the underlying technical infrastructure, the voice AI models used or subprocessor relationships change, or
3. the service is meaningfully developed further or supplemented with additional functions, without this fundamentally changing the character of the service as a phone-based companion service for older people.

All changes beyond this require the express consent of the subscriber.

(2) Changes are communicated to the subscriber at least six weeks before they take effect in text form (e-mail suffices). The notice contains the full wording of the amended provisions and a comparison with the previous provisions. If the subscriber does not object in text form within six weeks of receipt of the change notice, this is deemed consent. In the notice, SilverFriend expressly points out this period, the consequences of a failure to object and any special rights of termination.

(3) In the event of substantial changes that would disadvantage the subscriber more than insignificantly, the subscriber has an extraordinary right of termination as of the time the change takes effect. Substantial are in particular changes

1. that fundamentally alter the core purpose of the service or SilverFriend's principal performance obligations,
2. that affect the data-protection architecture in a way that leads to a significant expansion of the processing of personal data, or
3. that lead to an increase in the fees payable by the subscriber or to a reduction of the scope of the service, insofar as these are not already governed by a separate price-adjustment clause or a separate agreement.

The extraordinary right of termination is separately pointed out in the change notice.

(4) Subprocessor notices. Substantial changes to the group of subprocessors used are communicated to the subscriber with at least fourteen days' advance notice via the subscriber app, by e-mail and via the public subprocessor list at silverfriend.de/datenschutz/subprocessors. A special termination option is named in the notice where the change is substantial.

§ 14 Data protection and subprocessors

(1) Personal data are processed under this contract in accordance with our separate privacy policy. The privacy policy forms part of the pre-contractual mandatory information and is brought to the subscriber's attention during onboarding; it is sent to the older person with the welcome brochure.

(2) The assurance against mood and sentiment analysis given in § 2(3) is not only a data-protection self-commitment but a contractual self-commitment towards the subscriber and the older person. Any weakening of this assurance by SilverFriend would be treated as a substantial change to the scope of the service under § 13 and would trigger the extraordinary right of termination.

(3) A complete, continuously updated list of the processors used by SilverFriend is available at silverfriend.de/datenschutz/subprocessors.

§ 15 Final provisions

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

(2) Should any provision of these Terms be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The statutory provisions, where available, take the place of the invalid provisions.

(3) The mandatory documents referenced at various points in these Terms — namely the privacy policy, the AI information, the instruction on withdrawal, the legal notice and the subprocessor list — are accessible at any time via the subscriber app and via the website silverfriend.de.

(4) For consumers, the statutory place of jurisdiction of their residence applies. Insofar as the subscriber has no place of residence in the Federal Republic of Germany at the time the action is filed, Berlin is the place of jurisdiction.