Terms of Service

Terms of Use for the Use of the AI App ("Sapericus")

By registering for or using "Sapericus", provided by

Sapericus GmbH
Roßhaldeweg 8
79100 Freiburg

(hereinafter "Provider")

you accept the following Terms of Use. These thereby become part of the contract concluded between you and Sapericus GmbH.

1. Scope

1.1 These Terms of Use (hereinafter "Terms") govern all contractual relationships between you (hereinafter "User") and Sapericus GmbH (hereinafter "Provider") regarding the use of the AI app "Sapericus" (hereinafter "App") as well as all related services.

1.2 A consumer within the meaning of these Terms is any natural person who uses this App predominantly for private purposes. An entrepreneur is any natural or legal person who, when concluding a legal transaction, acts for purposes that can be attributed to their self-employed professional or commercial activity.

1.3 Provisions deviating from these Terms shall apply only if they have been confirmed by the Provider in writing.

2. Authorization to Use

2.1 Use of the App is permitted to persons who have reached the age of 18.

2.2 Use of the App takes place via a license that, as a rule, is not acquired by the User themselves. Instead, a third party or institution ("Licensor") acquires this access authorization. The specific conditions (e.g. term, scope) are agreed exclusively between the Provider and the Licensor.

2.3 Consent to the Terms of Use and the Privacy Policy. Use of the App requires consent to these Terms of Use as well as to the respectively applicable Privacy Policy. Consent is expressly obtained upon first launch of the App; use is not possible without consent. In the event of material changes, renewed consent is required (see Section 10).

2.4 Consent to the processing of special categories of personal data (Art. 9 GDPR). Since, in the course of a coaching dialogue, information may be disclosed that qualifies as special categories of personal data within the meaning of Art. 9 GDPR (in particular health data), use of the App is additionally possible only after the provision of a corresponding consent pursuant to Art. 9(2)(a) GDPR. This consent is obtained upon first launch of the App in a separate confirmation step that is kept distinct from consent to the Terms of Use and the Privacy Policy (Art. 7(2) GDPR). In the event of material changes to the Privacy Policy or to the scope of the consent, the consent is obtained again. The consent is voluntary and may be withdrawn at any time with effect for the future; withdrawal may result in the App no longer being usable. The details are governed by the Privacy Policy.

3. Subject Matter of the Contract

3.1 The App provides AI-supported coaching functions that are available to the User depending on the license acquired. The Licensor decides on the precise scope (e.g. the number of sessions that may be used).

3.2 As part of the coaching process, the Provider makes available a platform that guides the User through the session and is available as a conversation partner. The interactions are based on LLM technology (Large Language Models), such that subjectively or objectively incorrect responses cannot be ruled out. Use of the App and its content is therefore at the User's own risk. The Provider assumes no warranty for the accuracy, completeness, or reliability of the generated responses and recommendations.

3.3 Insofar as additional services or content are offered within the App, the respective provisions described in the App or in the accompanying information shall apply.

4. Costs and Payment Terms

4.1 Direct use by the User is generally free of charge, since the App is made available via the Licensor. An immediate contractual or payment relationship between the User and the Provider therefore does not, as a rule, come into existence.

4.2 Licensing of the AI coaching function. Use of the AI-supported coaching sessions requires a valid license agreed between the Provider and the Licensor. Billing for the sessions used takes place exclusively within the contractual relationship between the Provider and the Licensor; no costs arise for the User as a result. If there is no valid license, or if the license is used up or has expired, the AI coaching function is not available to the User. The Licensor decides on the license quotas available to the User.

4.3 Should a User wish to make use of further paid services that are not covered by the license, they will be informed transparently in advance, provided the Provider offers such additional services. Only through a corresponding declaration by the User (e.g. clicking a purchase or consent button) does a paid contract with the Provider come into existence in this regard.

5. Availability of the App

5.1 The Provider guarantees an average annual availability of at least 99%. Nevertheless, temporary outages may occur, for example due to maintenance work, software updates, or events beyond the Provider's control (e.g. force majeure, data center disruptions).

5.2 The Provider endeavors to keep downtimes as short as possible and to carry out maintenance work during low-usage periods. However, there is no claim to permanent and uninterrupted availability.

6. Termination

6.1 Termination by the User

The User may end the free usage relationship at any time without giving reasons by deleting their user account within the App or by no longer using the service. Upon deletion of the account, the personal data are processed in accordance with the Privacy Policy and, insofar as legally permissible, deleted or anonymized.

The right to terminate without notice in the event of changes to these Terms remains unaffected (see Section 10).

6.2 Termination of the license agreement

Insofar as access to the App takes place via a license provided by a third party, the ending of access is governed by the contractual relationship between the Provider and the Licensor. Termination or non-renewal of this license by the Licensor may lead to the expiry of the User's access.

6.3 Termination by the Provider

The Provider may terminate the usage relationship with a notice period of 14 days in text form. The right to terminate without notice for good cause remains unaffected. Good cause exists in particular where the User seriously or repeatedly violates the Terms of Use, disregards statutory provisions, or endangers the integrity of the system.

6.4 Termination of paid additional services by the User

6.4.1 Insofar as the User has acquired paid additional services directly from the Provider, they may terminate these at any time with a notice period of 7 days effective at the end of the current billing period. Termination takes place via the function provided for this purpose in the App or, alternatively, in text form.

6.4.2 In the event of timely termination, access to the additional service ends upon expiry of the current billing period. There is no pro-rata refund of fees already paid, unless there is a statutory obligation to refund.

6.4.3 The billing period results from the term of the additional service selected at the time of purchase and is displayed in the user account.

6.4.4 The right to extraordinary termination for good cause remains unaffected. Such cause exists in particular where the Provider permanently discontinues essential functions of the additional service or breaches principal contractual obligations.

7. Liability

7.1 No assurances of success or warranty
The content of the coaching sessions and AI recommendations is non-binding. The Provider assumes no liability for the accuracy, completeness, or timeliness of the generated information, unless mandatory statutory provisions provide otherwise.

7.2 Exclusion of liability
The Provider is not liable for damages arising from a temporary unavailability of the App. Liability for slightly negligent breaches of duty is excluded, subject to injury to life, body, or health.

7.3 Liability for intent and gross negligence
In the event of intent and gross negligence, the Provider is liable in accordance with the statutory provisions.

7.4 Liability for third-party content
Insofar as the App contains links to websites or content of third parties, the Provider assumes no liability for the information provided there.

8. User Obligations, System Integrity, and Exclusion for Good Cause

8.1 The User undertakes to use the App exclusively within the scope of its intended functions and not to carry out any acts that could endanger the security, integrity, or availability of the system.

This includes in particular, but is not limited to:

circumventing technical protective measures,
targeted manipulation of the AI logic (e.g. "prompt injection"),
unauthorized access to accounts, data, or servers,
the systematic exploitation of vulnerabilities (e.g. for scraping, mass requests, etc.),
the dissemination of unlawful content via the App.

8.2 The Provider reserves the right to exclude Users from using the App with immediate effect and without prior notice, provided there is sufficient suspicion of a substantial violation of these Terms of Use or applicable law.

8.3 A definitive blocking may take place if:

the User repeatedly or seriously violates these Terms,
the Provider is compelled to do so for technical, operational, or security-related reasons,
the User can no longer lawfully continue use after rejecting amended Terms.

8.4 The Provider is entitled to restrict or terminate access to the App even where this is necessary to maintain secure, fair, and legally compliant operation of the platform. This includes cases in which User conduct is objectively liable to endanger the trust of other Users or the functionality of the App.

8.5 The exercise of this right does not constitute a termination in the legal sense. Any contractual rights of the User vis-à-vis a Licensor remain unaffected by this.

9. Data Protection

The protection of personal data is of the highest priority for the Provider. All data are processed in accordance with the applicable data protection laws and pursuant to the Provider's Privacy Policy, which can be accessed via the App.

10. Changes to These Terms of Use

10.1 The Provider reserves the right to amend these Terms of Use, provided there is a valid reason for doing so. Such a reason exists in particular in the case of:

changes to statutory or regulatory requirements,
adaptations to new technical developments,
changes to the range of services or the system structure, provided these do not disadvantage the User in an unreasonable manner.

10.2 The User will be informed of planned changes at least 4 weeks before they take effect, in text form. The planned change will be fully documented and the legal consequences of a failure to consent will be expressly pointed out.

10.3 The amended Terms of Use become effective only if the User actively consents to them.

10.4 Users who do not wish to consent to the changes may end the usage relationship without notice by deleting their user account. Alternatively, the usage relationship ends automatically if no consent to the new Terms is given within the stated period.

11. Factual Accuracy of AI Outputs

Our AI models generate responses based on statistical probabilities. This means that the generated texts may in individual cases be objectively or subjectively inaccurate. You should therefore not rely without reservation on the accuracy of our AI outputs. In the case of specific questions or doubts, we recommend consulting additional sources of information.

12. Final Provisions

12.1 Place of jurisdiction and applicable law
The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For all disputes arising from this contract, the place of jurisdiction is, insofar as legally permissible, Freiburg im Breisgau.

12.2 Severability clause
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by the valid provision that comes closest to the intended purpose.

12.3 Languages
These Terms of Use are available in German. A translation into other languages serves informational purposes only.

Contact

Sapericus GmbH
Roßhaldeweg 8
79100 Freiburg

terms@sapericus.ai

As of: 14.04.2026