Version: 28 October 2026. The German version is legally binding; translations are provided for convenience only.

§ 1 Scope, operator

(1) These Terms and Conditions apply to the use of the platform “Hamsaye” (hamsaye.de) including the business directory, job board, classifieds bazaar (“Bazarche”), magazine and community. Operator: hamsaye, Germany, e-mail: [email protected] (further details in the Legal notice).

(2) Conflicting or deviating terms of users do not apply unless the operator expressly agrees in writing. “Consumer” and “entrepreneur” have the meaning of sections 13 and 14 of the German Civil Code (BGB).

§ 2 Services of the platform

(1) The platform allows users to publish business listings, job ads and classified ads (sell, give away, swap), to search ads and to communicate with each other via messages and chat.

(2) The operator acts solely as an intermediary and hosting provider. Contracts for goods, services or employment are concluded exclusively between users. The operator is not a party to them, does not check content in advance and gives no warranty for the accuracy, completeness, quality, legality or availability of goods and services offered, nor for the creditworthiness or identity of users.

(3) Basic use is free of charge. Paid extras (e.g. featuring an ad, placement at the top of the list, premium plans) are governed by § 6.

(4) There is no entitlement to uninterrupted availability; maintenance and technical faults are reserved.

§ 3 Registration and user account

(1) Certain functions (e.g. managing ads, chat, favourites, saved searches, reviews) require an account. Registration is open only to adults with full legal capacity and to companies.

(2) Registration data must be truthful and up to date, in particular the e-mail address. One account per person or company is permitted; accounts are not transferable.

(3) Login credentials must be kept secret. Misuse must be reported to the operator without delay. The user is liable for actions under their account insofar as they are responsible for the misuse.

(4) Users may have their account deleted at any time (request by e-mail or via profile settings). The operator’s right to suspend accounts under § 8 remains unaffected.

§ 4 User obligations, prohibited content

(1) Users may only post content for which they hold the necessary rights. All statements must be truthful, not misleading and lawful.

(2) In particular, the following is prohibited:

• unlawful content, e.g. incitement to hatred, depictions of violence, content harmful to minors or pornographic, insults, infringements of copyright, trademark or personality rights, fraud, pyramid and snowball schemes;
• discriminatory ads, in particular job ads that violate the General Equal Treatment Act (AGG);
• offers of weapons, ammunition, explosives, narcotics, prescription-only medicines, stolen or counterfeit goods, IDs and documents, personal data, unauthorised gambling and live animals without the required permit;
• spam, repeated identical ads, bait offers, misleading prices, advance-payment and other scams, fake job offers;
• disclosing third-party contact data without consent, automated scraping of the platform, circumventing technical protection measures;
• fake, purchased or manipulated reviews and harassment of other users in chat.

(3) Commercial sellers must mark their ads as commercial and comply with statutory duties, in particular provider identification (legal notice), the Price Indication Ordinance, withdrawal rights and warranty towards consumers. Private sellers may exclude liability for defects within the limits permitted by law.

(4) Employers posting jobs must in particular observe the AGG, the Minimum Wage Act and the Documentation of Employment Conditions Act. No fees may be charged to applicants for placement.

(5) Passwords, payment data or other sensitive data must not be requested or sent in chat.

§ 5 Rights to content

Users retain all rights to their content. They grant the operator a non-exclusive, worldwide right to display the content (texts, images, details) for the duration of publication on the platform, in search engines and to promote the platform (e.g. newsletters, social media), and to technically reproduce and adapt it for that purpose (e.g. resizing images). The user warrants being entitled to do so; persons shown in photos must have consented.

§ 6 Paid services, payment, withdrawal

(1) Prices are shown in euros before ordering, including statutory VAT where applicable.

(2) By clicking the button “order with obligation to pay” or “Pay with …” the user submits a binding offer. The contract is concluded when the operator activates the service or confirms the order.

(3) Payments are processed by payment service providers (e.g. Stripe, PayPal); their terms apply. The operator does not store card data.

(4) Consumers have a statutory right of withdrawal (see the withdrawal information at the end). For digital services (e.g. featuring an ad) the right of withdrawal expires early if the operator has begun performance after the consumer expressly agreed that performance begins before the withdrawal period ends and confirmed knowing that the right of withdrawal is lost upon full performance (section 356(4) BGB). This consent is requested during the order process.

(5) Refunds for services already used are excluded if the ad is removed because of a breach of these Terms.

§ 7 Reporting unlawful content, moderation (Digital Services Act)

(1) Single point of contact for authorities and users (Art. 11, 12 DSA): [email protected]; languages: German, English, Persian.

(2) Anyone may report content they consider unlawful (Art. 16 DSA), e.g. via the “Report ad” button or by e-mail. The notice should contain an explanation, the exact location (URL), the name and e-mail address of the notifier (except for certain offences) and a statement that the information is accurate and complete to the best of their knowledge. The operator confirms receipt and decides in a timely, diligent and objective manner.

(3) Possible measures include removal or blocking of content, warning, restriction of functions and suspension of the account. Affected users receive a statement of reasons with the legal basis and available remedies (Art. 17 DSA).

(4) Complaints against moderation decisions can be lodged free of charge by e-mail within six months (internal complaint handling, Art. 20 DSA). Users may also turn to an out-of-court dispute settlement body under Art. 21 DSA.

(5) Ads are checked by staff before publication, in part or in full; there is no entitlement to publication. Ads reported several times may be taken offline temporarily pending review.

(6) Main parameters of ad ranking (Art. 27 DSA): by default ads are sorted by recency; ads featured for a fee appear first and are labelled “Featured”. Users can sort by price.

(7) Seller reviews are only possible for users who communicated with the seller via the platform. The operator cannot guarantee authenticity and may remove abusive reviews.

§ 8 Ad duration, deletion, suspension

(1) Classified ads are published for the period shown on the platform (currently 30 days) and may be renewed or deleted by the user at any time.

(2) The operator may remove ads and suspend or delete accounts if there is a breach of these Terms or the law or concrete indications of one; in serious cases without prior warning. The procedure follows § 7(3) and (4).

§ 9 Liability

(1) The operator is liable without limitation for intent and gross negligence, injury to life, body or health, under the Product Liability Act, for fraudulently concealed defects and where a guarantee was given.

(2) For slight negligence the operator is liable only for breach of essential contractual obligations, limited to the foreseeable damage typical for the contract. Otherwise liability is excluded.

(3) The operator is not responsible for user content before gaining knowledge; once aware of unlawful content it acts without delay (Art. 6 DSA). The operator is not liable for actions and agreements between users.

(4) The user indemnifies the operator against third-party claims based on unlawful content for which the user is responsible, including reasonable legal defence costs.

§ 10 Data protection

Personal data is processed in accordance with the Privacy Policy. Contact details a user enters in an ad (e.g. phone number) are publicly visible; the e-mail address is not shown. Chat messages are stored on the platform; notifications are sent by e-mail.

§ 11 Changes to these Terms

The operator may change these Terms for good reason (e.g. change in law, new features). Registered users are informed by e-mail at least four weeks before they take effect. The change is deemed accepted if the user does not object within this period; the notice will point this out. If the user objects, either party may end the contractual relationship.

§ 12 Dispute resolution

The operator is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (section 36 VSBG). The former EU online dispute resolution platform was discontinued on 20 July 2025.

§ 13 Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods; for consumers this applies only insofar as mandatory consumer protection provisions of their country of habitual residence do not conflict. For merchants and public-law entities the place of jurisdiction is the operator’s registered seat. If individual provisions are invalid, the remaining provisions stay effective.

Safety tips (non-binding)

Do not pay in advance to strangers. Meet in public places for handovers. Be careful with overpayment, urgency and offers that sound too good to be true. Reputable employers never charge applicants. Report suspicious ads via “Report ad”.

Annex: Withdrawal information for consumers

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 conclusion of the contract. To exercise your right of withdrawal you must inform us (hamsaye, Germany, e-mail: [email protected]) of your decision to withdraw by means of a clear statement (e.g. a letter sent by post or e-mail). To meet the withdrawal deadline it is sufficient that you send your communication before the withdrawal period has expired.

Effects of withdrawal: If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we received your notice of withdrawal. We will use the same means of payment you used for the original transaction. If you requested that the service begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you informed us of the withdrawal, compared with the total scope of the services under the contract.

Early expiry: The right of withdrawal expires for a contract for services once we have fully provided the service, provided performance began only after you gave your express consent and at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance by us.