Terms of Service

1. Scope

These General Terms and Conditions ("Terms") govern the use of the digital platform Milo ("Milo", "Platform", "App") and the intermediary services offered through it.

Milo is currently operated by Moritz Davinghausen and Clemens Kopetz, c/o Clemens Kopetz, Voltastrasse 9, 8044 Zurich, Switzerland.

Milo is aimed at families as well as at people who wish to offer childcare ("babysitters").

Milo can in principle be used regardless of place of residence. Milo's intermediary offering is currently geared towards childcare arrangements in the city of Zurich.

By registering for and using Milo, users ("users") agree to these Terms.

2. Purpose and function of Milo

Milo is a digital platform for putting families and childcare providers in touch with one another.

In particular, Milo enables:

• the creation of profiles by families and babysitters;
• searching for suitable families or babysitters;
• making contact via an integrated chat;
• the creation of search requests for specific childcare dates by families;
• responses to such search requests by babysitters;
• the arrangement and booking of childcare;
• mutual reviews once childcare has taken place;
• as well as further electronic functions intended to make organising and carrying out childcare easier and safer.

Milo acts solely as an intermediary. Milo does not itself provide childcare services.

In particular, Milo is:

• not the employer of the babysitters;
• not the client or principal of the babysitters;
• not a party to the childcare contract concluded between family and babysitter;
• and assumes no responsibility for how the childcare is actually carried out.

The specific childcare contract is concluded exclusively between the respective family and the respective babysitter.

3. Requirements for use

3.1 Families

Families, or their users, must be at least 18 years old.

3.2 Babysitters

Babysitters must be at least 16 years old.

For use by underage babysitters, Milo does not as a rule require additional consent from parents or legal guardians.

Underage users are themselves responsible for entering into only such agreements, and offering only such services, as they are entitled to under applicable law.

3.3 Accuracy of information

All users are obliged to provide complete, truthful and current information when registering for and using Milo.

In particular, no false information may be given regarding identity, age, place of residence or other circumstances relevant to the intermediary service.

Milo is entitled to verify information and, in the event of justified doubt, to request additional evidence.

4. Registration and user account

Creating a user account is required in order to use certain functions of Milo.

Users are responsible for keeping their access credentials confidential and for protecting their account against access by third parties.

As a rule, a user account may only be used by the person for whom it was created.

Transferring a user account to another person is not permitted.

Users must inform Milo without delay if they become aware that their account has been used without authorisation.

5. Identity verification

Milo may verify the identity of families and babysitters by suitable technical or organisational measures.

Identity verification may in particular be carried out by an external service provider.

The specific requirements and the service provider used may be adjusted by Milo.

A successfully completed identity check does not mean that Milo guarantees the personal suitability, reliability, qualification or integrity of a user.

Milo may make the use of individual functions conditional on a successful identity check.

6. Profiles

6.1 Babysitter profiles

Babysitters must provide at least the following information:

• first name and surname;
• age;
• place of residence.

In addition, the following information may in particular be provided:

• profile photo;
• experience in childcare;
• education and qualifications;
• references;
• further information relevant to the intermediary service.

6.2 Family profiles

Families must provide at least the following information:

• name;
• age;
• place of residence;
• information about the children to be cared for, in particular their age.

Families may provide additional information about the children, in particular regarding:

• allergies;
• illnesses;
• special needs;
• further circumstances that may be relevant to safe and appropriate care.

Providing such information is voluntary, insofar as it is not strictly required for a specific function.

6.3 Photos

Users may upload photos where the corresponding function is available.

Milo expressly recommends that families use photos of the parents or the family, and not of the children, for profile pictures that are public or visible to other users.

Users may only upload content to which they hold the necessary rights and whose publication or sharing is legally permissible.

7. Making contact and communication

Communication between families and babysitters takes place in principle via the communication functions provided within Milo.

In particular, users may exchange messages via Milo and reach an understanding about possible childcare arrangements.

Users may exchange their telephone number or email address in the course of communication.

Once contact details have been exchanged, the parties may in principle also communicate with one another outside Milo.

The use of external means of communication does not change the fact that childcare arranged through Milo is to be processed as a booking via Milo.

Milo may automatically delete chat messages after a period still to be determined.

The specific retention period is stated in the privacy policy or within the app.

8. Search requests and matching

Families can search for suitable babysitters on Milo.

Families can also create search requests for specific childcare dates.

Babysitters can respond to such search requests.

Likewise, babysitters and families can search for suitable profiles on their own initiative and make contact with one another.

Merely making contact or communicating does not yet constitute a booking.

9. Booking and conclusion of the childcare contract

A booking only comes about once both the family and the babysitter have bindingly agreed to a specific childcare arrangement.

Merely making contact, sending a request, replying to a request, or a non-binding oral or written understanding does not yet constitute a booking via Milo.

Upon the binding agreement of both parties, the specific childcare contract is concluded exclusively between the family and the babysitter.

Milo is not a party to this childcare contract.

The parties are themselves responsible for clarifying all material points of the childcare arrangement before a binding booking, in particular:

• date;
• start and end of the childcare;
• place of the childcare;
• number and age of the children;
• remuneration;
• special requirements;
• relevant health information;
• as well as any further arrangements.

10. Milo's role

Milo merely provides the technical infrastructure and the intermediary service.

In particular, Milo gives no guarantee:

• that a suitable childcare provider will be found;
• that a user is reliable, suitable or qualified;
• that information in user profiles is complete or correct;
• that childcare will be carried out as agreed;
• or that childcare will meet a party's expectations.

The selection of a babysitter and the decision on a booking are made by the family on its own responsibility.

Likewise, each babysitter decides on their own responsibility which childcare requests they accept.

11. Obligations of families

Families undertake in particular:

• to provide truthful information;
• to state relevant information about the children to be cared for appropriately and truthfully;
• to inform babysitters of circumstances material to the specific childcare arrangement;
• to keep to agreed childcare times or to give timely notice of changes;
• to pay the agreed remuneration directly to the babysitter;
• to treat babysitters respectfully and fairly;
• and not to use Milo for unlawful purposes.

Families bear responsibility for selecting a babysitter carefully and for checking, before a booking, whether that person is suitable for the specific childcare arrangement.

12. Obligations of babysitters

Babysitters undertake in particular:

• to provide truthful information about themselves and their experience;
• to accept only childcare arrangements they are equal to professionally, personally and in terms of time;
• to give truthful information to the family;
• to keep to agreed childcare times or to give timely notice of changes;
• to care for the children entrusted to them carefully and responsibly;
• to give appropriate consideration to the legitimate interests and instructions of the family;
• and not to use Milo for unlawful purposes.

Babysitters are themselves responsible for checking the insurance and other prerequisites required for their activity and, where applicable, for taking these out or fulfilling them.

13. Remuneration and payments

Use of Milo is in principle free of charge for babysitters.

Families may pay a fee for the use of Milo's intermediary and booking services.

The specific amount of the fee is shown to the family before the respective booking is concluded.

The babysitter's remuneration is agreed directly between family and babysitter and paid by the family directly to the babysitter.

Milo is not a party to the agreement on the babysitter's remuneration.

On the basis of the data entered by the parties, Milo may calculate or display an amount payable for the respective childcare arrangement.

Unless expressly stated otherwise, this amount is not a payment to Milo, but the remuneration agreed between family and babysitter, or the amount calculated accordingly.

Paying through Milo

Where a babysitter has completed payout setup, the family pays through the platform rather than directly. In that case the family is shown three separate amounts before booking: the babysitter's fee, Milo's commission of 5% of that fee, and the card processing charge. The total is the sum of the three.

Where a babysitter has not completed payout setup, payment remains a matter between family and babysitter, and Milo receives nothing.

Payment is by card. The amount is authorised on the family's card when the babysitter accepts the booking, and is only collected once the childcare has been completed. A booking made more than approximately one week in advance is authorised closer to the date, as card authorisations expire.

Where payment runs through the platform, Milo appears as the merchant of record. Milo collects the total from the family and transfers the babysitter's fee to them; the babysitter's fee is not reduced by Milo's commission or by processing charges.

Cancellation

A family may cancel a confirmed booking free of charge up to 24 hours before the agreed start. The authorisation on the card is released and nothing is collected.

If a family cancels within 24 hours of the agreed start, 50% of the babysitter's fee is due and is collected, together with Milo's commission and the processing charge calculated on that reduced amount. This reflects that the babysitter has as a rule kept the period free and turned down other engagements.

If the babysitter cancels, at whatever notice, nothing is collected from the family.

If Milo suspends an account and a confirmed booking is cancelled as a result, nothing is collected from the family.

Childcare that has already begun is not affected by a suspension and is settled as agreed.

If the childcare does not take place as agreed

If a babysitter does not appear, or the childcare is materially not performed, the family should report this through the platform without delay. Milo will examine the records held for the booking — including the confirmed start, the confirmed end and the messages exchanged — and will refund the amount collected in whole or in part where the childcare was not performed.

Complaints must be raised within 14 days of the agreed end of the childcare.

Refunds

Refunds are made to the means of payment used. Milo's commission is refunded together with the babysitter's fee where the full amount is refunded.

Where a family disputes a payment with their card issuer rather than raising it with Milo, Milo bears the resulting cost and may recover from the babysitter any amount already transferred to them, where the dispute is attributable to the babysitter.

Social insurance contributions

A family that engages a babysitter in its private household is, as a rule, the babysitter's employer for the purposes of Swiss social insurance law and is itself responsible for the corresponding contributions (AHV/IV/EO/ALV). This applies irrespective of whether payment is made through Milo or directly.

Under the simplified procedure, remuneration of up to CHF 750 per household and calendar year is exempt from contributions where the babysitter is aged 25 or under in that year. If this amount is exceeded, the entire annual remuneration becomes subject to contributions.

Milo is not the babysitter's employer and does not settle these contributions. Where payment runs through the platform, Milo may inform a family when it approaches this amount; this is a courtesy and not advice, and does not transfer responsibility.

14. Cancellations

The specific rules for cancellations, short-notice cancellations and any cancellation fees are determined by Milo and shown to users before or at the time of a corresponding booking.

Milo may provide for binding cancellation conditions for certain bookings.

Where such conditions are provided for, they become part of the respective booking.

15. Reviews

After childcare has taken place, families and babysitters can review one another.

Reviews must be truthful, objective and fair.

The following are not permitted in particular:

• insulting or discriminatory content;
• threats;
• false statements of fact;
• personal attacks;
• content of an unlawful or immoral character;
• reviews given solely in order to harm another person.

Milo may remove reviews or refuse to publish them if they breach these Terms or applicable law.

16. Reporting users

Users can report other users via the functions provided for this purpose.

A report may in particular be made in cases of:

• inappropriate behaviour;
• harassment;
• threats;
• false information;
• suspicion of fraud;
• breaches of these Terms;
• or other conduct that may impair the safety or integrity of the platform or of other users.

Milo may examine reported matters and take appropriate measures.

17. Blocking and deletion of user accounts

Milo may temporarily or permanently block or delete user accounts where in particular:

• these Terms are breached;
• false or misleading information has been given;
• the identity check cannot be successfully completed;
• there is justified suspicion of abusive or unlawful use;
• other users are endangered or harassed;
• reviews or communication functions are misused;
• payment obligations are outstanding;
• or another objective reason exists that justifies blocking or deletion.

Milo may block a user account without prior warning in the event of serious breaches.

Statutory claims of the affected users remain reserved.

18. Circumventing the platform

Following a successful match, family and babysitter may communicate about and organise their agreed childcare outside Milo's technical infrastructure.

However, it is prohibited, following a successful match, to knowingly handle further childcare arrangements between the same parties outside Milo where these should have been booked via Milo, in particular with the aim of circumventing the fees incurred on a booking.

This provision applies for a period of [period to be determined, e.g. 12 months] from the first successful match between the parties concerned.

In the event of a breach, Milo may take appropriate measures, in particular blocking or deleting the user account.

19. User content

Users remain responsible for the content they upload or publish.

This includes in particular:

• profile information;
• photos;
• descriptions;
• reviews;
• messages;
• and other content.

Users warrant that they hold the necessary rights and that publication does not infringe the rights of third parties.

Milo receives the necessary right to store, display and process such content in the course of operating and technically providing the platform.

20. Protection of children

Milo is an intermediary platform and not a child protection organisation.

Families and babysitters share responsibility for giving appropriate consideration to the safety and well-being of the children in care.

Where there are indications of a specific risk to a child, or in the event of serious breaches of these Terms, Milo may take measures and, insofar as legally required or permitted, inform the competent authorities.

21. Liability

To the extent permitted by law, Milo is not liable for damage arising in connection with childcare arranged through Milo.

In particular, Milo is not liable for:

• acts or omissions of families or babysitters;
• injuries or damage during childcare;
• damage to persons or property;
• agreements between family and babysitter that are not honoured;
• short-notice cancellations;
• incorrect or incomplete information given by users;
• or the personal suitability, reliability or qualification of a babysitter.

Milo is furthermore not liable for the platform being available at all times and without disruption, insofar as outages are not attributable to intentional or grossly negligent conduct on Milo's part.

The above exclusions of liability apply only to the extent permitted under mandatory Swiss law. Liability for damage caused by intentional or grossly negligent conduct remains in place to the extent prescribed by law.

22. No insurance provided by Milo

Milo currently has no insurance of its own covering damage arising from the specific childcare arrangement between family and babysitter.

Families and babysitters are themselves responsible for checking their personal insurance cover and, where appropriate, for taking out suitable insurance.

In particular, Milo gives no guarantee that a babysitter holds liability, accident or other insurance.

23. Availability and technical changes

Milo endeavours to keep the platform as reliable and available as possible.

However, there is no entitlement to all functions being available at all times.

Milo may further develop, change, restrict or discontinue functions at any time, provided this is reasonable for the operation of the platform.

24. Data protection

Personal data is processed in accordance with Milo's separate privacy policy.

The privacy policy forms an independent part of the information about the use of Milo and provides information in particular about the collection, processing, storage and disclosure of personal data.

25. Deletion of the user account

Users can in principle delete their user account at any time.

Upon deletion of the account, the data associated with the account may be deleted, insofar as there are no statutory retention obligations or other legally permissible grounds for further storage.

Details on the storage and deletion of personal data are set out in the privacy policy.

26. Rights in Milo

All rights in the platform, in particular in the software, the design, the trade marks, logos, texts and other content provided by Milo, remain with Milo or the respective rights holders.

Reproduction, adaptation, distribution or other use beyond the intended use of the platform is not permitted without prior consent.

27. Changes to these Terms

Milo may amend these Terms where this is necessary due to further development of the platform, changes to the business model, legislative changes or other objective reasons.

Material changes will be communicated to users in a suitable form.

Where consent to amended Terms is required, this will be obtained before further use of the corresponding functions.

28. Severability

Should any provision of these Terms be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

In place of the invalid or unenforceable provision, a valid provision shall apply that comes as close as possible to the economic purpose of the original provision, insofar as this is legally permissible.

29. Applicable law and place of jurisdiction

These Terms are governed by Swiss law, excluding its conflict-of-law rules and, where applicable, the UN Convention on Contracts for the International Sale of Goods.

For disputes arising from or in connection with the use of Milo, Zurich shall be the place of jurisdiction, insofar as legally permissible.

Mandatory statutory places of jurisdiction remain reserved.

30. Contact

For questions about these Terms or about the use of Milo, users can contact Milo at the following email address:

help@app-milo.com

Operator

Milo c/o Clemens Kopetz Voltastrasse 9 8044 Zurich Switzerland

Moritz Davinghausen Clemens Kopetz