Terms and Conditions for the usage of the Me App
(Version 1.2, March 2023)
- Provider, Product, Scope
- Change of conditions or services
- Trouble free operation
- No medical product
- Use of contents
- Third party services
- User account
- Applicable law and place of jurisdiction
- Contract language
- Statutory right of withdrawal
§ 1 Provider, Product, Scope
- The Me App is a service provided by the Me GbR, Mommsenstr. 5, 12203 Berlin ("Provider"). Me GbR can be reached at the above address or via the email address: firstname.lastname@example.org.
- The Me App, which was developed for mobile devices (smartphones), offers users the opportunity to self-reflect on their life situation by keeping a diary, monitoring psychological metrics and completing self-reflection exercises. In addition, self-reflection and personality development are promoted through psychoeducational learning content provided by both Me GbR and third-party content creators. The information collected through this and through the keeping of logs is stored in the user profile within the Me App ("Services").
- These general terms and conditions ("Terms") govern the conditions under which the Me GbR makes its Services available for use.
- By using the Services, the user accepts the terms. Users who do not agree to the Terms and Conditions are prohibited from using the services. This also applies in the event that the agreement ceases to exist during the current contractual relationship. In this case, the use of the services is prohibited from that moment on.
§ 2 Change of conditions or services
- Me GbR reserves the right to change these terms and conditions unilaterally at its own discretion.
- Changes shall be made exclusively due to unforeseeable changes that cannot be influenced, such as the enactment of a new law that renders previous regulations ineffective, or due to gaps in the contractual relationship that subsequently become apparent, which would significantly disrupt the relationship between the service and compensation. The Provider's main service obligations are not subject to the changes.
- In the event of changes to the terms and conditions, the User will be notified of these at the next login and must agree to them again. Login without consent is then not possible. Users are requested to read the terms and conditions again after changes have been made. Older versions are no longer valid from the time of consent to the change.
- The services are constantly being developed and may change. The provider reserves the right to decide on the type and scope of any changes.
§ 3 Trouble free operation
- The provider is committed to ensure trouble free operation at all times. However, this is not guaranteed. The provider makes no promise that the services will meet your requirements and cannot guarantee that the services will be fault free. If a fault occurs in the Products, the user can report it to the email address specified under § 1. The provider will review the users complaint and, where determined it is appropriate to do so, correct the fault. If the need arises, the provider may suspend access to the services while he addresses the fault. The provider will not be liable to the user if the services are unavailable for a commercially reasonable period of time. Should this not be successful, the provider takes no liability for any resulting damage.
- The user's access to the services may be occasionally restricted to allow for repairs, maintenance or the introduction of new features or products. The provider will restore the services as soon as he reasonably can. In the event that the services are unavailable, the Order and cancellation deadlines specified in these Terms apply; users should notify the provider of changes to their Order by emailing to the email address specified under § 1.
- The service was developed as a smartphone application and thus may not be used on any other device.
- Your smartphone must satisfy certain system requirements. These requirements can be found on the Google and Apple App marketplaces.
§ 4 Subscriptions
- Users may access the services in the following ways:
- Free Version: Users may access limited content within the services
- Paid Subscription "Me App Premium": a subscription fee-based program that gives access to additional content. A User can become a subscriber to the "Me App Premium" Subscription Program by purchasing a subscription to the Products within the services, where allowed by the Application Marketplace Partners. A user will only have access to the Subscription Program while their subscription is active and subsisting. If a subscription is purchased through the Apple iTunes Store or the iPhone application, the sale is final, and the provider will not provide a refund. The purchase will be subject to Apple's applicable payment policy, which also may not provide refunds. If a subscription is purchased through the Google Play store, the sale is final, and the provider will not provide a refund. The purchase will be subject to Google's applicable payment policy, which also may not provide for refunds.
- The Provider offers monthly and annual subscription options. For the purposes of the monthly and annual subscriptions, a month constitutes 30 calendar days, and a year constitutes 365 calendar days.
- The "Monthly" subscription is paid in monthly installments. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided automatically until canceled. The user must cancel their subscription before it renews each month in order to avoid billing of the next month's subscription fee to the Payment Method they provided. Refunds cannot be claimed for any partial-month subscription period.
- The "Yearly" subscription is paid for by an upfront one-off payment with automatic annual renewals. The user must cancel their subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method they provided. Refunds cannot be claimed for any partial subscription period.
The provider reserves the right to change the subscription plans or adjust pricing for the services or any components thereof in any manner and at any time as the provider may determine in his sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to the user.
A subscription is linked to the user's account with the respective Marketplace Partner (Apple/ Google). If a user changes the Marketplace Partner because, for example, he begins to use a device that does not support the original marketplace, the subscription cannot be further supported by the provider. The subscription will expire. A new subscription must be purchased on the device that supports the new Marketplace Partner.
Refunds cannot be claimed for subscription periods already paid for.
§ 5 Termination
- Users may terminate the Monthly subscription at any time in text form. Cancellation is effective at the end of the applicable monthly period.
- Users may terminate a Yearly subscription at any time. Cancellation is effective at the end of the applicable annual period.
- Cancellations must be disclosed to the provider in written form by email to the email address specified under § 1 or a letter to the postal address specified under § 1 is sufficient.
- If the user purchases a subscription through the Apple iTunes Store or the iPhone application, they may cancel their subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in their iTunes Account settings and selecting the subscription they want to modify. If the user purchases a subscription through the Google Play store they may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
- The user account can be deleted by the user by uninstalling the app from the mobile device. Insofar as all data is only stored locally on the device and is not sent to a remote server, the uninstallation of the app from the device automatically means the deletion of all stored data. The app can subsequently be downloaded again, but the deleted data cannot be restored.
- The Provider reserves the right to terminate the contractual relationship for good cause without a notice period. Good cause exists if the Provider, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period. This may be the case, for example, if the user violates essential contractual obligations or misuses the services in a recognizable manner, for example through unauthorized copying or downloading of audio or video content from the services.
- In the event of termination on the part of the Provider, the Provider shall block the login of the user.
§ 6 No medical product
- The services can neither be considered a medical product nor medical or therapeutic advice. The Me App does not make medical diagnoses and does not offer psychotherapeutic advice or intervention. It cannot replace psychotherapy or other therapeutic treatment. The Provider is convinced of the positive benefits of self-reflection on well-being, but does not guarantee or assure any therapeutic success of its services or positive development of the well-being of the user.
- All content has been created with the utmost care and with the support of therapeutic and medical professionals. Nevertheless, the provider assumes no liability for the accuracy of the content provided.
- Users of the Me app who are concerned about their health should consult therapeutic or medical professionals, such as psychiatric physicians or psychological psychotherapists. The content of the Me app or its use should under no circumstances lead users to avoid or postpone seeking advice from appropriate professionals. Consultation with professionals always has priority.
§ 7 Use of contents
- The services contain copyrighted material and other intellectual property. The owner is the provider. This includes, among other things, the basic conceptual idea of the application, the design and appearance of the application including images, texts contained therein and the source code of the entire application. All rights resulting from this remain with the provider. The user is not permitted to store, copy, reproduce or use in any other way not explicitly permitted by the purpose of the services.
- The user agrees that they are not permitted to resell any Products purchased through the services for commercial purposes.
- The provider grants the user the right to use the services insofar as this results from this contract and the way in which the services function.
§ 8 Third party services
- Insofar as the provider provides references (links) to third parties within the services, the provider is not liable for the content accessible through the reference. Third-party content is always identified or recognizable as such.
- Users agree that the availability of the services depend on the third party from which the services were downloaded (e.g. Google Play Store or Apple App Store).
§ 9 User account
- The right of use granted upon conclusion of the contract applies to the user personally. Transfer to third parties, regardless of the type of transaction, is prohibited.
- The user assigns a user password for his/her own account, the secrecy of which is the responsibility of the user. The provider has no access to the password. The Provider offers a "forgotten password" service, which allows the User to assign a new password if the password is lost. For this purpose, a "recovery key" is provided within the "Settings" of the Me App. This should be stored securely outside the Me App at the start of use, as the "forgotten password" service cannot be used without it.
- Insofar as the personal data of the user is processed and stored encrypted exclusively locally on the smartphone and is not transmitted to a server, the data cannot be recovered if the smartphone stops working or is no longer available to the user. If the smartphone is changed, an exported and encrypted backup copy of the data allows the data to be transferred to a new smartphone.
- If the user violates one or more of his/her contractual obligations under these Terms and Conditions, the provider shall be entitled, at its own discretion, to immediately block the login, i.e. to prevent use of the Me App. In particular, the provider reserves the right to block the user login if an outstanding fee has not been paid within 10 days of the due date.
- Any further rights resulting from applicable law remain unaffected.
§ 10 Liability
- The provider is only liable for damages resulting from intent or gross negligence.
- In addition, the provider shall be liable for damages resulting from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and on whose compliance the user may reasonably rely. The liability is limited to the damage foreseeable at the time of the conclusion of the contract and typical for this type of contract. In all other respects liability is excluded.
- The liability regulated by law in case of injury to life, body and health as well as the liability according to the German Product Liability Act shall remain unaffected.
§ 12 Applicable law and place of jurisdiction
- The use of the services as well as its Terms are subject to the laws of the Federal Republic of Germany.
- The place of jurisdiction is the federal capital Berlin.
§ 13 Contract language
The contract Language is german.
§ 14 General
- Users agree to be contacted by the Provider via the e-mail address they provided during registration.
- Should the Provider fail to enforce any right arising from these terms, this shall not be construed as a waiver of such right.
§ 15 Statutory right of revocation
- Users who are consumers as defined by § 13 of the German Civil Code (BGB) have the right to revoke the contract within 14 days of its conclusion without stating any reasons. To meet the deadline, it is sufficient if the declaration was sent within the deadline. A declaration in text form to the email address or postal address stated under §1 is sufficient.
- As a consequence of the revocation, the user may no longer use the services.
- The sample revocation form below can, but does not have to, be used for the revocation.
§ 16 Other
In the event of any inconsistency or conflict between the English version and the German version of this Terms and Conditions for the use of the Me App, the German version shall prevail.
Sample revocation form:
(If you wish to revoke this contract please fill in the following form and send it to the provider's address.)
I hereby revoke the contract regarding the usage of the Me App.
- Ordered at/ received at
- Name of the user
- Address of the user
- Signature of the user (only required for written notifications)