Terms of Service

(1) These Terms of Service (hereinafter "Terms") govern the use of the mobile application "UnloopNow" (hereinafter "App") between

(hereinafter "Provider" or "we")

and the user of the App (hereinafter "User" or "you").

(2) Any conflicting or deviating terms of the User shall not be recognized unless the Provider expressly agrees to their validity in writing.

(3) The App is distributed exclusively through the Apple App Store. The terms of use of Apple Inc. apply in addition.

(1) UnloopNow is a mobile application designed to support users in overcoming unwanted behavioral habits. The App offers:

• Lessons and exercises for behavioral change
• Breathing exercises and relaxation techniques
• A personal journal for self-reflection (stored locally)
• Streak tracking for progress monitoring
• Integration with the iOS Screen Time API

(2) The App qualifies as digital content within the meaning of applicable consumer protection laws.

(3) The use of premium features requires a paid subscription.

(1) The use of the App is only permitted for persons who have reached the age of 18.

(2) By registering and using the App, the User confirms that they are at least 18 years old.

(3) The Provider reserves the right to block access to the App if there is reasonable suspicion that the User is a minor.

(1) The presentation of the App in the Apple App Store does not constitute a legally binding offer, but an invitation to submit an offer (invitatio ad offerendum).

(2) By purchasing a subscription in the Apple App Store, the User submits a binding offer to conclude a usage contract. The contract is concluded upon confirmation of the purchase by Apple.

(3) The contract text is not stored. The order data will be sent to the User by email through Apple.

(1) The following subscription options are available:

• Annual subscription: €59.99 per year
• Monthly subscription: €14.99 per month

(2) All prices are final prices and include the applicable value added tax.

(3) Payment is made exclusively through the payment methods offered by Apple. The Provider does not receive any payment data from the User.

(4) Billing is handled by Apple Inc. Apple's payment terms apply.

(5) The subscription renews automatically for the respective term unless cancelled in time (see § 6).

(1) The subscription has a minimum term corresponding to the selected option (1 month or 12 months).

(2) The subscription renews automatically for the original term if it is not cancelled at least 24 hours before the end of the current term.

(3) Cancellation is made exclusively through the subscription management in the Apple Account settings or through the App Store app. Cancellation directly to the Provider is not possible.

(4) After cancellation, the User may continue to use the premium features until the end of the already paid term.

(5) The right to extraordinary termination for good cause remains unaffected.

Withdrawal Policy

Effects of Withdrawal

If you withdraw from this contract, Apple shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which Apple is informed about your decision to withdraw from this contract.

Premature Expiration of the Right of Withdrawal

The right of withdrawal expires for a contract for the supply of digital content which is not supplied on a tangible medium if the trader has begun the performance of the contract after the consumer:

1. has expressly consented to the trader beginning the performance of the contract before the expiry of the withdrawal period, and
2. has acknowledged that they thereby lose their right of withdrawal.

By starting the download or using the premium features, you consent to the immediate commencement of contract performance and acknowledge the loss of your right of withdrawal.

(2) The content, information, exercises, and features provided in the App:

• do not constitute medical, therapeutic, psychiatric, or psychological advice or treatment
• do not replace consultation with a doctor, psychologist, therapist, or other qualified healthcare provider
• are intended solely for general information and self-help purposes
• are not intended for the diagnosis, treatment, cure, or prevention of any disease

(4) Use of the App is at your own risk. The User is solely responsible for determining whether the content and exercises are suitable and safe for them.

(5) The Provider does not guarantee that the App will meet the individual needs of the User or that specific results will be achieved.

(1) The Provider shall be liable without limitation:

• in cases of intent or gross negligence
• for injury to life, body, or health
• under the provisions of product liability law
• to the extent of any guarantee assumed by the Provider

(2) In the event of slightly negligent breach of a material contractual obligation (cardinal obligation), liability is limited in amount to the damage that is foreseeable and typical for the type of transaction in question. Material contractual obligations are those whose fulfillment enables the proper performance of the contract in the first place and on whose compliance the User may regularly rely.

(3) In all other respects, the Provider's liability is excluded.

(4) The above limitations of liability also apply to the personal liability of the Provider's employees, representatives, and vicarious agents.

(5) The Provider is not liable for:

• Damages resulting from disregarding the notices in § 8
• Loss of data stored locally on the User's device
• Disruptions due to force majeure, strikes, or comparable events
• Interruptions of App functionality due to maintenance work

(1) The Provider grants the User a simple, non-transferable, non-sublicensable right to use the App on their own devices for the duration of the contractual relationship.

(2) All rights to the App, including texts, graphics, images, audio files, exercises, and other content, remain with the Provider or its licensors.

(3) The User may not:

• copy, modify, or decompile the App
• rent, lend, or sublicense the App
• use the App for commercial purposes
• use the App to develop competing products

(4) Personal entries created by the User in the App's journal remain the property of the User and are stored exclusively locally on their device.

(1) The User undertakes to use the App only for its intended purposes.

(2) The User is responsible for all activities carried out via their device in the App.

(3) Sharing content: The App offers the option to share a so-called "Mirror image" (success graphic) on social media. The User bears sole responsibility for shared content and agrees:

• not to share any unlawful, offensive, or objectionable content
• not to infringe the rights of third parties
• to comply with the terms of use of the respective social media platforms

(4) The Provider reserves the right to block access to the App in case of violations of these rules of use.

(1) The Provider strives to ensure the most uninterrupted availability of the App possible. However, a specific availability is not guaranteed.

(2) The Provider is entitled to temporarily restrict or suspend the App for maintenance work.

(3) Updates: The Provider provides updates during the term of the subscription that:

• are necessary to maintain the conformity of the App
• close security gaps
• contain bug fixes

The User will be informed about available updates through the Apple App Store.

(4) The App requires iOS 16.0 or higher. The Provider reserves the right to adjust the system requirements for future updates.

(5) The App can be used both online and offline. An internet connection is required for certain functions (e.g., synchronization, updates).

The collection, processing, and use of personal data is carried out in accordance with our Privacy Policy, which is available at https://unloopnow.app/privacy and forms part of these Terms.

(1) The Provider reserves the right to change these Terms with effect for the future, insofar as this is necessary for legal, technical, or economic reasons and does not unreasonably disadvantage the User.

(2) The User will be informed of changes by email or push notification at least 30 days before the changes take effect.

(3) If the User does not object to the changes within 30 days of receiving the notification of changes, the amended Terms shall be deemed accepted. The User will be specifically informed of this legal consequence in the notification of changes.

(4) In the event of an objection, either party may terminate the contract at the time the changes take effect.

(1) The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

(2) If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Hamburg.

(3) Should individual provisions of these Terms be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions.

(4) The German version of these Terms shall prevail.

The following provisions apply in addition when the App is obtained through the Apple App Store and serve to fulfill the minimum requirements of Apple Inc.

(1) Acknowledgement: These Terms of Service are concluded solely between the Provider (MAR Design Web GmbH) and the User, not with Apple Inc. Apple is not a party to this agreement. The Provider, not Apple, is solely responsible for the App and its content.

(2) Scope of License: The Provider grants the User a non-transferable license to use the App on Apple-branded products that the User owns or controls, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The App may be accessed by other accounts associated with the purchaser via Family Sharing or volume purchasing.

(3) Maintenance and Support: The Provider is solely responsible for providing maintenance and support services for the App. The User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. For questions or issues, please contact: support@unloopnow.app

(4) Warranty: The Provider is solely responsible for any product warranties under applicable law. In the event of any failure of the App to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any warranty failure shall be the Provider's sole responsibility in accordance with § 9 of these Terms.

(5) Product Claims: The User acknowledges that the Provider, not Apple, is responsible for addressing any claims of the User or any third party relating to the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation.

(6) Intellectual Property: The User acknowledges that in the event of any third-party claim that the App or the User's possession and use of the App infringes that third party's intellectual property rights, the Provider, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

(7) Export Compliance: The User represents and warrants that (i) they are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.

(8) Third-Party Terms: The User agrees to comply with all applicable third-party terms of agreement when using the App, including the Apple Media Services Terms and Conditions and the terms of their mobile carrier or internet service provider.

(9) Third-Party Beneficiary: The User acknowledges and agrees that Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms of Service. Upon the User's acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the User as a third-party beneficiary thereof.