General terms and conditions of use

1. Scope

These general terms and conditions of use govern the use of the Fam4Fam platform, including the Fam4Fam app, the website and related services.

Operator:

Fam4Fam (in formation)
Switzerland

Email: hello@fam4fam.ch
Support: support@fam4fam.ch

By registering, users accept these terms of use.

2. Purpose of Fam4Fam

Fam4Fam is purely a matching and settlement platform following a marketplace model. Families can get in touch with each other and arrange childcare directly between themselves.

Fam4Fam provides in particular features for family profiles, child profiles, availability, childcare requests, bookings, communication, handovers, reviews, trust features and CareHours.

Fam4Fam is not a childcare institution and not an employer and does not provide childcare itself. The childcare agreement is concluded exclusively and directly between the families involved. Fam4Fam is not a party to this agreement; the contractual relationship for using and settling via the platform remains separate.

Families determine the specific childcare and the settlement type themselves. The legal classification depends on the actual circumstances and applicable law, not solely on these designations. Fam4Fam’s mandatory statutory obligations remain unaffected.

3. Families’ own responsibility

Parents and other legal guardians decide for themselves which family or person they entrust their child to.

Fam4Fam expressly recommends meeting in person before the first childcare session.

Verifications, reviews, badges and other trust features can support decision-making. However, they do not constitute a guarantee by Fam4Fam regarding a person’s suitability, reliability or future behaviour.

4. Legal requirements

Users are themselves responsible for complying with the legal requirements applicable to their specific childcare situation.

Depending on place of residence, regularity, duration and arrangement of childcare, cantonal or municipal notification, authorisation, contractual, insurance, tax or social insurance obligations may apply.

In particular, the Foster Care Ordinance (PAVO) and supplementary cantonal rules must be checked. Regular paid day care may be subject to notification; depending on the arrangement, further authorisation requirements may apply. Families clarify this with the competent cantonal or municipal authority before starting.

Insofar as the specific activity falls within the scope of the Recruitment Act (AVG), its requirements must also be clarified. A private childcare arrangement is not automatically subject to the AVG. The platform description alone does not exclude its applicability; any obligations of Fam4Fam itself remain.

For childcare allowances paid in money, including cash, families check their tax and social insurance obligations, in particular AHV/IV/EO and, where applicable, accident insurance and other contributions. Who must account for or pay contributions depends on the specific legal classification. Calling it an expense allowance does not result in an automatic exemption.

Fam4Fam does not issue any blanket confirmation of the legal permissibility of a childcare arrangement. General information does not replace individual advice or information from the competent authorities or compensation office.

5. Registration

A Fam4Fam account may only be created by persons of full age.

All information must be truthful and up to date.

Child profiles may only be created and managed by parents, legal guardians or duly authorised persons.

Users are responsible for the security of their login credentials.

6. Verification

Fam4Fam may use various verification procedures to increase trust.

These may include in particular:

• email verification;
• phone verification;
• identity verification;
• address verification;
• other voluntary or required proofs of trust.

For identity verification, Fam4Fam may in particular use Stripe Identity.

A successful verification only confirms the characteristics checked in the respective procedure. It does not constitute a guarantee of a person’s personal, moral or educational suitability.

7. Child profiles

Only information about children that is necessary or useful for organising and safely carrying out childcare may be entered.

Information about other families or children may not be copied, published or passed on to third parties without authorisation.

Photos or videos of children in care may only be taken or shared with the consent of the legal guardians.

8. Childcare requests and bookings

Families can create, accept or decline childcare requests via Fam4Fam.

The childcare agreement is concluded exclusively and directly between the caregiving family and the family seeking care. Fam4Fam matches and supports settlement but does not take over the childcare.

Families are themselves responsible for exchanging all relevant information before childcare begins, in particular:

• childcare times;
• drop-off and pick-up;
• persons authorised to pick up;
• how to reach the parents;
• allergies or other relevant particularities;
• necessary emergency information.

9. Drop-off and pick-up

Fam4Fam provides features for documenting drop-offs and pick-ups.

QR codes, PINs and mutual confirmations may in particular be used for this purpose.

QR codes and PINs must be treated confidentially.

The technical confirmation does not replace the duty of the adults involved to ensure that a child is actually handed over to the right, authorised person.

10. Actual childcare time

The actually confirmed duration between drop-off and pick-up may be decisive for calculating childcare times and CareHours.

Obvious errors or discrepancies should be reported to Fam4Fam as promptly as possible.

In the event of a well-founded suspicion of errors or manipulation, Fam4Fam may review and correct the transactions concerned.

11. CareHours

CareHours represent pure 1:1 exchange time: one confirmed hour of caring for another family’s child equals one CareHour. Two children from other families for one hour equal two CareHours; your own children do not count. The time can be used later with a suitable family, without immediate balancing and not necessarily with the same family.

CareHours are in principle:

• an internal time or balancing system;
• not legal tender;
• not a bank balance;
• not e-money;
• not a cryptocurrency.

CareHours cannot be paid out and cannot be converted into CashHours or money. Mere availability does not create CareHours; what counts is childcare agreed, provided and confirmed in the time model. The 1:1 ratio describes the unit of time, not a guarantee of available childcare.

12. CashHours and funded childcare

CashHours are an optional purchase of childcare hours in case of a time deficit, when your own time contributions or existing CareHours are not enough. Fam4Fam may also offer childcare funded in other ways, for example SponsorHours.

If such features are activated, the scope and conditions, as well as the childcare allowance for the caregiving family and the separate service/platform fee for Fam4Fam, are shown before any paid transaction. The total amount results from both items.

CareHours, purchased CashHours and payable earnings are treated technically as separate balances.

Purchased CashHours do not in principle constitute a freely withdrawable cash balance.

13. Childcare allowance between families

For expressly agreed CashHours or otherwise funded childcare, a childcare allowance in Swiss francs may arise as an expense allowance between the families involved. Fam4Fam supports its settlement but is not the employer of the caregiving family.

Such an allowance only arises for childcare agreed accordingly, actually provided and confirmed under the conditions displayed in advance. No additional CareHours arise for the same child-hours. Surplus time or offered capacity does not give rise to an automatic payout.

CareHours themselves do not give rise to any claim to payout.

As non-binding indicative examples for the pilot phase (under review), per child-hour: CHF 6.00 childcare allowance for the caregiving family plus a CHF 1.50 service/platform fee for Fam4Fam, CHF 7.50 in total when buying CashHours. These examples are not binding rates or payout commitments. The conditions transparently displayed and expressly accepted before conclusion are decisive.

Families clarify the obligations described in section 4 for monetary allowances on their own responsibility. Childcare allowances are neither automatically tax-free nor automatically exempt from social insurance contributions.

14. Payments

For payment and identity features, Fam4Fam may use external payment service providers, in particular Stripe.

Payments are only triggered bindingly once the user expressly confirms the paid transaction.

Before conclusion, the childcare allowance, separate service/platform fee, total amount and essential conditions are displayed. Settlement via Fam4Fam does not make the platform a party to the childcare agreement.

15. Fam4Fam Plus

In addition to the free offering, Fam4Fam may offer a paid subscription, Fam4Fam Plus.

Basic use of Fam4Fam may be offered independently of Plus. Plus provides additional convenience or premium features.

Price, scope of services, billing period, renewal and cancellation are displayed before conclusion.

For subscriptions taken out via Apple, Apple’s terms and subscription management may additionally apply.

16. Reviews

Reviews must be based on actual experiences.

In particular, knowingly false, insulting, discriminatory, threatening or otherwise unlawful reviews are not permitted.

Fam4Fam may review reported content and, in the event of a well-founded violation, remove it or restrict its visibility.

17. Communication

Communication features may only be used in connection with permitted use of Fam4Fam.

Harassment, unsolicited advertising, threats, sexual content directed at minors or other abusive communication are prohibited.

18. Child protection

The wellbeing and safety of children have the highest priority.

In the event of specific safety concerns, Fam4Fam may temporarily restrict or block an account.

In the event of a well-founded suspicion of serious danger, information may be passed on to the competent authorities within the legal requirements.

Fam4Fam is not an emergency service.

In case of acute danger, contact the relevant emergency services.

19. Prohibited use

Prohibited in particular are:

• false identities;
• knowingly false information;
• manipulation of bookings, CareHours or payments;
• sharing other people’s personal data;
• circumventing safety features;
• harassment or discrimination;
• unlawful content;
• endangering children;
• unauthorised access to other accounts;
• abusive automated use of the platform.

20. Insurance

Unless expressly stated otherwise, Fam4Fam does not provide any automatic insurance for matched childcare.

Families are themselves responsible for checking their insurance cover, in particular their private and liability insurance.

21. Liability

Fam4Fam is liable within the framework of mandatory statutory provisions.

To the extent permitted by law, Fam4Fam accepts no responsibility for the acts or omissions of users or for the specific performance of childcare agreed between families.

In particular, Fam4Fam cannot guarantee that all information provided by users is complete or correct at all times.

Mandatory statutory liability claims remain reserved.

22. Suspension

Fam4Fam may temporarily or permanently restrict accounts, in particular in the event of:

• safety concerns;
• abuse;
• manipulation;
• endangering children;
• material breaches of these terms.

23. Account deletion

Users can delete their account via the relevant feature in Fam4Fam.

Certain data may be retained after account deletion insofar as statutory retention obligations, security interests or the assertion or defence of legal claims require this.

24. Changes

Fam4Fam may amend these terms if legal, technical or functional developments make this necessary.

Registered users will be informed of material changes in an appropriate manner.

25. Law

Swiss law applies.

Mandatory statutory places of jurisdiction remain reserved.

26. Contact

General and contractual enquiries

hello@fam4fam.ch

User help, technical support and reports

support@fam4fam.ch

Privacy and data subject rights

privacy@fam4fam.ch

Fam Plus, subscription, invoices and payments

billing@fam4fam.ch