Terms and Conditions

This is a courtesy English translation. The legally binding version is the German Terms and Conditions; in the event of any discrepancy, the German version prevails.

1. Subject matter of these Terms and Conditions

These Terms and Conditions apply to the use of the Kikidori app (the "app"). The app is a service of Michael Merzbach, Stellbrinkweg 9, 69469 Weinheim, Germany (the "provider").

By installing and activating the app through the creation of a user account and by accepting these Terms and Conditions, a contract (the "usage relationship") is concluded between the provider and the user of the app (the "user") regarding the use of the app.

The legal relationship between the provider and the user within the usage relationship is governed exclusively by these Terms and Conditions. Any other terms of use do not apply.

2. The app

With the app, everyday routines can be defined and their performance documented and coupled with a reward system. The app draws on the reinforcement principle that has long been used in supporting ADHD and autism. However, it is an everyday tool and not a therapy. The app makes no medical or health-related claims and guarantees no health effects or successes. The app does not serve to detect, monitor, treat, or alleviate illnesses. Any supportive use of the app within a therapy should be coordinated with a medical expert.

The app is currently offered as a free beta version. It is a free and voluntary offering by the provider. The provider is entitled at any time to modify or discontinue the app, or to make it, in whole or in part, the subject of a paid offering. In the latter case, the conclusion of a new contract is required for the continued use of the app.

Information about the devices, programs, and operating systems with which the app is compatible is available in the app, on the provider's website at www.kikidori.com, and/or in the app stores in which the app is available for download.

3. Use of the app

Creating a user account is required to use the app. To do so, after installing the app on their device, the user can complete the user-account creation dialog and finalize it by selecting the "Create account now" button. A confirmation is then sent to the user at the email address provided. Input errors can be corrected in the dialog up until the process is completed. Thereafter, this is possible via the user account.

The user account is password-protected. The password must be kept secret by the user and not passed on. The loss of a password must be reported to the provider without undue delay so that a new password can be set.

Use of the user account is permitted only to the user. Please note that using the app via the user account of a third party is liable to distort the measurement results.

The user is only entitled to use the app within the contractually agreed scope and in compliance with applicable laws and official regulations. The user is not permitted to

1. use the app to store or transmit infringing, defamatory, or otherwise unlawful or unauthorized material, or to store or transmit material that infringes the rights of third parties;
2. use the app to store or transmit malicious code;
3. impair or disrupt the integrity or performance of the app or of third-party data contained therein;
4. attempt to gain unauthorized access to the app or to systems or networks connected with it;
5. permit direct or indirect access to or use of the app in a manner that circumvents a contractual usage restriction;
6. copy the app or parts, features, functions, content, or the user interface of the app, unless this is necessary for the use of the app under this contract (e.g. loading the app onto a temporary storage medium);
7. frame the app or any part of the app;
8. access the app in order to create a competing product or service; or
9. reverse-engineer the app (insofar as this is not mandatorily permitted by law).

The user is liable for all damage arising from the breach of their obligations, including reasonable costs of legal prosecution. This does not apply if the user is not responsible for the infringement. If there is reason to assume that a serious breach exists, the provider is also entitled to temporarily block access to the app or the user account. Access to the app and the user account is restored as soon as the suspicion has been dispelled.

4. Duration of the usage relationship

The usage relationship runs for an indefinite period and may be terminated ordinarily by either party at any time without notice period. The user can end the usage relationship via their user account by deactivating the user account.

After the end of the usage relationship, the user is obliged to cease using the app and, at the provider's request, to delete the app installed on the user's device.

Upon termination of the usage relationship, those provisions that, by their meaning and purpose, are intended to survive it shall continue to apply. This applies in particular to the provisions on intellectual property rights and licenses, warranty, liability, data protection, and final provisions.

5. Warranty

The user is aware that the app is provided as a free offering. Warranty rights for the app are therefore excluded. In particular, the provider is not obliged to remedy errors or malfunctions of the app or to provide updates or patches for the app. The constant availability of the app is not owed.

6. Liability

The provider is liable for damages in principle in accordance with the statutory provisions. The provider is liable for damages – on whatever legal grounds – within the scope of fault-based liability in the case of intent and gross negligence. In the case of a slightly negligent breach of material contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contractual partner regularly relies and may rely), the provider's liability is, however, limited to compensation for the typical, foreseeable damage; in the case of a slightly negligent breach of non-material contractual obligations, the provider's liability is excluded.

The liability limitations under the preceding paragraph do not apply

1. to damage arising from injury to life, body, or health based on a negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider,
2. insofar as the provider has fraudulently concealed a defect,
3. insofar as the provider has assumed a guarantee for the quality of a product or service,
4. for claims under the Product Liability Act (Produkthaftungsgesetz).

The provider's liability for indirect damage (e.g. lost profit, business interruption, consequential damage) is excluded.

The user is responsible for the proper backup of the data stored on their device and for regularly creating backup copies. Liability for the loss of data is limited to the damage that would have arisen even with proper data backup by the user.

7. Limitation period

The limitation period for claims based on defects of quality and title is one (1) year from delivery or performance. Insofar as acceptance is agreed, the limitation period begins upon acceptance.

The limitation period for contractual and tortious claims for damages is one year from the start of the statutory limitation period.

Notwithstanding the preceding paragraphs, the statutory limitation periods apply insofar as they are mandatorily prescribed by law, in the case of intent or gross negligence, and in the cases in which the liability limitations under the "Liability" section do not apply.

8. Intellectual property and use of data

The app is the intellectual property of the provider. The provider reserves all rights to the app. Rights to the app are granted only insofar as expressly stipulated.

The provider grants the user the non-exclusive, non-transferable, and non-sublicensable right to use the app in accordance with these Terms and Conditions. No exclusive rights to the app are granted. The user is not entitled to use or exploit the app in a form that is not covered by agreements with the provider. The right to use the app expires automatically upon the end of the usage relationship.

A right to modify the app exists only with the prior written consent of the provider, as well as in the mandatory statutory cases of §§ 69 et seq. UrhG (German Copyright Act).

The user receives the app only in object code. There is no claim to the source code.

The provider is entitled to use the data generated by the app in anonymized and/or aggregated form for its own purposes, whereby the provider may not make the data available to third parties in non-aggregated or non-anonymized form.

9. Data protection

The provision of the app and the processing of the data collected with the app take place in accordance with data protection law, in particular the GDPR and the BDSG. Further information about the processing of personal data can be found in the Privacy Policy.

10. Place of jurisdiction

If the contracting parties are merchants, legal entities under public law, or special funds under public law, the exclusive place of jurisdiction is the provider's registered seat. However, the provider is also entitled to sue at the user's general place of jurisdiction.

11. Applicable law

The contractual relationship is governed by the law of the Federal Republic of Germany, to the exclusion of German international private law and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.

12. Miscellaneous

There are no oral side agreements. Amendments or supplements to these Terms and Conditions require the written form (§ 126 BGB). This also applies to any waiver of the written-form requirement.

The provider is entitled to transfer the contract, with all rights and obligations, to an affiliated company or a legal successor.

Should one or more provisions of these Terms and Conditions prove to be invalid, void, or incomplete, this does not affect the validity of the remaining provisions. The parties will – where appropriate, in the required form – replace the invalid or void provision with one, or fill the contractual gap with one, that best achieves the economic purpose they pursued. If the invalidity or voidness of a provision is based on a measure of performance or time (a period or date), a legally permissible measure shall take the place of the invalid or void performance or time provision.