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These Terms of Use apply to the contractual relationship between platoniq.health, Luisenstraße 53, 10117 Berlin, and the users* of its smartphone app "platoniq" for strengthening social relationships.
(1) The subject of these Terms of Use is the provision of the platoniq app (hereinafter “App”) by platoniq.health (“Provider”). The User is granted access to use the app's features free of charge. The app can be downloaded via the Google Play Store or Apple App Store.
(2) The app is intended exclusively for adult natural persons. Users under the age of 18 are not permitted to register or use the app.
(3) Use of the app is only possible after the User has agreed to these Terms of Use and has consented to the processing of their personal data
(5) Any deviations from these Terms require written form. The User’s own general terms and conditions shall not apply.
(6) To register, the User must provide a valid email address. After entering this address, the User will receive an email with a confirmation code. Only after entering this code is a contract with the Provider formed, enabling use of the app.
(1) The Provider offers the app to support the maintenance of social relationships. The app includes features such as tracking, psychoeducation, and CBT-based exercises. Users engage with the app independently. The Provider reserves the right to modify or discontinue features, without affecting services already booked during the contract term.
(2) The app’s source code is not part of the contract.
(3) The app and its documentation remain the property of the Provider. The Provider retains all intellectual property rights, including copyrights, patents, trade secrets, trademarks, and other intangible rights.
(4) There is no entitlement to a contract for use of the app. The Provider may reject applications for use automatically or manually, especially in cases of suspected abuse or significant prior contractual violations (especially violations of §5).
(5) The Provider is responsible for maintaining the app, including adaptations to legal requirements, provided this does not involve unreasonable effort.
(1) The app can only be used on Android smartphones or Apple iPhones (“Devices”), and must be obtained from the app stores mentioned above. The Provider may extend support to other devices in the future. Device compatibility is outlined in the user manual.
(2) If the User allows local notifications on their device, the app may send reminders to encourage use of its features.
(1) The use of the app’s basic features is currently free of charge.
(2) The Provider reserves the right to offer additional, premium features or content subject to payment in the future.
(1) Use of the app is voluntary.
(2) The User is granted a non-transferable, non-sublicensable right to use the app for the duration of the agreement. Redistribution, alteration, or reproduction of app materials is prohibited.
(3) All app content and Provider website materials are protected by copyright. Reproduction, editing, distribution, or public disclosure is forbidden without written permission. The same applies to the use of bots, scripts, or plugins to misrepresent user activity or automate content extraction.
(4) It is prohibited to extract or mine the app’s database using third-party software, particularly automated access.
(5) The User is not allowed to modify, translate, analyze, or decompile the app’s source code unless legally permitted or explicitly authorized.
(6) The User must provide accurate and complete information and keep it up to date throughout the contract period.
(7) Illegal behavior and violations of applicable law are prohibited. Users must not upload or share offensive, manipulated, youth-endangering, defamatory, discriminatory, extremist, illegal, confidential, or rights-infringing content. Spam and malware are also prohibited.
(8) The User must create secure login credentials and protect them from unauthorized access. Any suspected misuse must be reported. The Provider may reset login credentials if misuse is suspected.
(9) Users must assist in investigating security breaches if needed.
(10) Users are responsible for using a compatible device and a secure internet connection. Any internet costs are borne by the User.
(11) The User must not disrupt or endanger the app’s functionality. The User must avoid uploading malicious content and compensate the Provider for any resulting damage, including claims from third parties.
(12) Updates offered via the App Store must be installed promptly.
(1) The app is generally available to the user around the clock. However, technical work (such as bug fixes, software maintenance, or data backups) may lead to temporary restrictions. Technical work is usually carried out on weekdays between 21:00–06:00 or on weekends, unless this is not possible due to the particular relevance or urgency of the work. If possible, any such work will be announced to the user with reasonable notice in the app or in text form.
(2) Availability is still deemed to exist if the essential functions of the app can be used despite minor disruptions. Availability is only considered not to exist if essential functions of the app cannot be used.
(3) Downtime, during which the app is unavailable, is not the responsibility of the provider in particular in the following cases:
(a) Downtime caused by incorrect operation or use of the app by the user;
(b) when the user fails to meet their obligations to cooperate in resolving faults;
(c) downtime due to circumstances beyond the control of the provider. This includes in particular disruptions caused by third parties who are not acting as vicarious agents of the provider, unlawful attacks on the provider’s infrastructure (e.g. DoS attacks, malware or hacker attacks), natural disasters, war, or other forms of force majeure.
(1) Data processing by the provider is carried out exclusively on the basis of the privacy policy for users, which is available in the app or at http://www.platoniq.health in its current version. The provider will treat all user-related information that it receives in connection with the use of the app as confidential.
(2) The user must not enter third-party personal data into the app or collect, store, use, or transmit such data concerning other users unless the affected individuals have given their consent.
(3) The provider undertakes to treat all data concerning the user as well as all personal data of third parties transmitted by the user and marked as confidential as confidential and to use it only in accordance with these Terms of Use. The provider reserves the right to deviate from this if it is legally obliged to disclose the information or is ordered to do so by authorities.
(4) The obligations under this § 7 continue to apply beyond the end of the contract and also bind the provider’s employees and other vicarious agents.
(1) The provider is fully liable for intent and gross negligence. In the case of slight negligence, liability is limited to typical and foreseeable damages that arise from a breach of essential contractual obligations. This limitation does not apply to liability for personal injury or under the Product Liability Act.
(2) The provider is not liable for disruptions in the network infrastructure for which it is not responsible.
(3) The provider is only liable for data loss if such loss could not have been avoided by the user through reasonable backup measures.
(4) The provider is not liable for any impairment in the contractual use of its services caused by improper or incorrect use of the app by the user.
(5) The above limitations of liability also apply to the provider’s vicarious agents.
(6) The user agrees to compensate the provider for all damages resulting from actions or uploaded data that violate legal provisions or the rights of third parties. The user also agrees to indemnify the provider against all third-party claims, including legal and court costs, resulting from such violations.
(1) The user is aware that it is not possible to create software applications that are completely free of errors. Therefore, the provider does not owe complete freedom from defects but only the absence of significant defects that impair the use of the app in a substantial way.
(2) If an error occurs while using the app, the user must report it to the provider without delay via the support service. An error is deemed to exist if the app does not function as described or otherwise fails to work properly so that the use of the app is impossible or limited. Errors and malfunctions will generally be corrected within a reasonable time. If extensive repair work is required, the provider may offer a workaround or replacement solution.
(3) In all other respects, the statutory warranty rights shall apply.
(1) The contract for the use of the app is concluded for an indefinite period and may be terminated by the user at any time (e.g., by deleting the user account), and by the provider with two weeks' notice. However, the usage period is always limited to any prescribed usage timeframe, if applicable.
(2) Each party has the right to terminate the contract without notice for good cause. Good cause for the provider includes, in particular, violations of these Terms of Use by the user that are not remedied even after a deadline has been set, or tortious acts by the user.
(3) Any termination must be made in writing. Termination by email satisfies the requirement of written form.
(1) The user may only offset claims against the provider with claims that are undisputed or have been legally established.
(2) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection regulations of the state in which the user has their habitual residence remain unaffected.
(3) Should individual provisions of these Terms of Use be or become invalid and/or contradict statutory regulations, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by one that comes closest to the economic purpose of the invalid provision in a legally permissible manner. The same applies in the case of gaps in the agreement.
(4) The EU Commission provides a platform for online dispute resolution, which offers consumers and online businesses a way to resolve disputes out of court. The platform is accessible at http://ec.europa.eu/consumers/odr. The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
