Terms of Use for the Conviction App {id=“conviction-app”}

Section 1 Subject Matter of the Contract

(1) The Provider grants the end-user access to the use of the Conviction software via the app of the same name.

(2) Conviction is a digital diary app (journaling) for personal self-reflection, which, among other things, enables mood analyses and offers guided exercises for stress reduction.

Section 2 Grant of Use

The Provider makes access to the app available to the end-user for use for the duration of the contract.

Section 3 Prices / Term

(1) The Provider makes the use of the app available to the user free of charge. Alternatively, the user may purchase a paid Pro version for a one-time payment. The prices displayed within the app at the time of purchase apply.

(2) Purchases already completed cannot be canceled; amounts paid are not refunded.

(3) The user undertakes to pay the Provider the agreed remuneration for the Pro version, plus applicable statutory value-added tax.

(4) The agreed fee is due immediately in advance.

(5) If the user defaults on payment of the amount to be invoiced by the Provider, the Provider may, after appropriate notice, exercise its right of retention.

Section 4 Term and Termination

(1) If the user uninstalls the app, the free usage period ends. If the user has purchased the Pro version, their right of use remains in effect. The user may restore their purchase at any time, subject to the availability of the app in the App Store. The user has no entitlement to the availability of the app in the App Store.

(2) The right of each contracting party to terminate the contract for good cause without notice remains unaffected. The Provider is in particular entitled to terminate without notice if the user fails to make three consecutive due payments despite reminder and grace period or violates the following contractual provisions on the use of the SaaS services. Termination without notice in any case requires that the other party be warned in text form and requested to eliminate the alleged cause for termination without notice within a reasonable period of time.

Section 5 Scope of the Rights of Use Granted

(1) The Provider grants the user the non-exclusive and non-transferable right to use the services and content specified in Section 1 of these Terms of Use for the duration of the contract in accordance with the provisions of this contract.

(2) The user is not entitled to reproduce the app provided for use and/or to make it available to third parties for use for a fee or free of charge.

Section 6 Support

(1) The Provider guarantees a 99.5% availability of the app provided for use on an annual average. Excluded from this are times when the server cannot be reached due to technical or other problems that are beyond the Provider’s control (in particular force majeure, fault of third parties). Planned maintenance work (e.g., updates) that takes place outside usual business hours Monday to Friday (taking into account all public holidays in the German federal state of Berlin) between 9:00 and 17:00, or that has been announced in advance by the Provider, is also excluded.

(2) Monitoring of the basic functions of the app services by the Provider takes place daily. Maintenance is generally guaranteed Monday to Friday, from 09:00 to 17:00. In the event of serious errors, i.e., when the use of the app is no longer possible or is seriously restricted, maintenance takes place within 24 hours from the knowledge or information of the Provider.

Section 7 User Obligations

(1) The user is obligated to prevent unauthorized access by third parties to the protected areas of the services provided by taking suitable precautions.

(2) Use of the app is permitted to the user only for private purposes. If the user wishes to use the app commercially, this is only possible by agreeing to a separate usage agreement with the Provider for B2B customers.

(3) The user is prohibited from copying, reproducing, modifying, reverse engineering, decompiling, disassembling, or otherwise reconstructing in whole or in part the source code of the software provided — unless this is mandatorily permitted by law (Section 69e of the German Copyright Act, UrhG). The user is likewise prohibited from analyzing functionalities or the system architecture of the software in order to rebuild, imitate, or in a comparable manner use, market, or make available to third parties the software in whole or in part. The end-user hereby undertakes to refrain from all technical and organizational measures aimed at circumventing the protection mechanisms or license controls of the software.

(4) The end-user undertakes not to deposit any unlawful content within their profile or within the app that violates laws, official requirements, or the rights of third parties.

Section 8 Consequences of Violations of User Obligations

The Provider is entitled to immediately block access to the app if there is reasonable suspicion that the user is violating the obligations regulated in Sections 6 and 8 of these Terms of Use.

Section 9 Liability Disclaimer

The use of the content and exercises of Conviction does not constitute a substitute for professional medical, psychosomatic, or psychological counseling and/or treatment. The Provider does not warrant the success of the content and exercises or their effect on the health of the user. The Provider is not liable for direct, indirect, and/or incidental damages arising from the use of, or reliance on, any information or content contained in the content and exercises. In the case of existing illnesses or health problems, it is advisable to consult a specialist physician or therapist.

Section 10 Liability for Defects / Liability

(1) The Provider warrants the functional and operational readiness of the app in accordance with the provisions of this contract.

(2) In the event that services of the Provider are used by unauthorized third parties using the user’s access data, the user is liable for fees thereby incurred within the scope of civil liability until the receipt of the user’s instruction to change the access data or notification of the loss or theft to the Provider, provided that the user is at fault for the access by the unauthorized third party.

(3) Claims for damages against the Provider are excluded regardless of the legal basis, unless the Provider, its legal representatives, or vicarious agents have acted intentionally or with gross negligence.

(4) For slight negligence, the Provider is only liable if one of the essential contractual obligations has been violated by the Provider, its legal representatives, executive employees, or vicarious agents. The Provider is in this case only liable for foreseeable damages the occurrence of which must typically be expected. Essential contractual obligations are those obligations that form the basis of the contract, that were decisive for the conclusion of the contract, and on the fulfillment of which the user may rely.

(5) The Provider is liable without limitation for damages caused intentionally or negligently to life, body, or health by the Provider, its legal representatives, or vicarious agents.

(6) Strict liability for damages for defects already present at the time of contract conclusion is excluded.

(7) The Provider is not liable for the loss of data insofar as the damage is based on the fact that the user has failed to properly back up the data in the app.

Section 11 Data Protection

The user’s data is collected, processed, and used by the Provider exclusively for the purposes arising from this contract for the performance of this contract, in compliance with the statutory provisions of the German Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR).

Section 12 Final Provisions

(1) The law of the Federal Republic of Germany applies to this contract.

(2) The place of performance for obligations under this contract is the registered office of the Provider.

(3) Insofar as the user is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and the Provider shall be the registered office of the Provider.

Section 13 Miscellaneous

(1) No oral collateral agreements have been made. Changes, additions, and amendments to this contract are only valid if agreed between the contracting parties in text form.

(2) Should individual provisions of this agreement be or become wholly or partially void or ineffective, the effectiveness of the remaining provisions shall not be affected thereby. In place of

provisions not included or ineffective, statutory law shall apply. If such statutory law is not available in the respective case (regulatory gap) or would lead to an untenable result, the parties shall enter into negotiations to agree on an effective provision in place of the non-included or ineffective provision that comes as close as possible economically.