Terms of Use
Version terms-1.0 · valid from [DATE]
1. Provider and scope
1.1 The app "My Fairy Goals" (the App) is provided by [First name Last name], [address], Germany, e-mail [support@…] (we, us). Full details are in the [Impressum].
1.2 These terms apply to every use of the App, as a guest or with an account. Terms of the user that differ from these do not apply.
1.3 The App is offered to consumers. You must be at least 16 years old to use it.
2. Contract
2.1 The contract for the free use of the App is concluded when you tap "Agree & start" on the welcome screen after having had the chance to read these terms.
2.2 Paid features (Premium) are bought through the Apple App Store or Google Play (section 7).
3. What the App does
3.1 The App helps you set and track personal goals, plan steps, record sessions and get reminders. Your progress grows a garden of flowers and characters inside the App.
3.2 Optional AI features suggest goals and next steps (section 5).
3.3 The free version has limits (for example the number of flowers, and a daily number of AI suggestions for guests). The current scope is shown in the App.
4. Guest use and accounts
4.1 You can start as a guest. A guest account is tied to this installation. If you delete the App or lose your device, your guest data cannot be recovered.
4.2 You can link your guest account to a Google account at any time to keep your data. Keep your login secure; you are responsible for activity under your account.
4.3 You can delete your account at any time in the App under Profile → Delete account, or by writing to [support@…]. Your data is then deleted as described in the Privacy Policy.
5. AI features
5.1 AI features are optional. The App only contacts the AI provider when you ask for ideas: on the suggestions page of the intro story, after its questions, and when you tap for AI ideas while creating a goal or step. The intro questions can be skipped, and you can always write your goals and steps yourself.
5.2 Suggestions are generated automatically by AI models of third-party providers (currently OpenAI). For this, the data described in the Privacy Policy is sent to that provider. Neither we nor the AI provider use your data to train AI models.
5.3 AI suggestions are ideas, not advice. They can be inaccurate, incomplete, unsuitable for you or repeat things. They are no substitute for medical, psychological, legal, financial or other professional advice. Check every suggestion yourself; you decide whether and how you act on it.
5.4 Only enter information you are happy to share for this purpose. Do not enter personal data of other people, and only enter health or other sensitive information about yourself if you want it to be used for suggestions.
5.5 You may use the suggestions you receive freely. We do not claim rights in them. Similar suggestions may also be given to other users.
5.6 We may change the AI provider or model, or limit, pause or end AI features, in particular when a provider changes its service or for cost or legal reasons. If a new provider is to receive your data, we tell you in the App beforehand and update the Privacy Policy.
6. Your obligations
You must not:
- use the App for anything illegal, or enter content that is unlawful, offensive or infringes the rights of others;
- try to get around usage limits, e.g. by creating many guest accounts or automating requests;
- attack, overload, reverse-engineer or copy the App or its backend, except where the law expressly allows it;
- use the AI features to generate content unrelated to your own goals.
We may temporarily block or end your access if you seriously or repeatedly break these rules (see 10.3).
7. Premium and payment
7.1 Premium is sold as an in-app purchase or subscription through the Apple App Store or Google Play. The price, billing period and renewal are shown before you buy.
7.2 Payment, billing, renewal, cancellation and refunds are handled by Apple or Google under their terms. You cancel a subscription in your store account settings. Your statutory right of withdrawal is handled by the store.
7.3 Deleting the App or your account does not cancel a store subscription.
8. Availability and changes to the App
8.1 We aim to keep the App available but cannot guarantee uninterrupted operation. Maintenance, updates and outages of third-party services (e.g. hosting, Firebase, AI providers) can cause interruptions.
8.2 We may further develop the App. For paid features, we only make changes that go beyond what is needed to keep the App in conformity if there is a valid reason (e.g. new technology, legal requirements, security, a third-party service changing), at no extra cost to you, and with information in good time. If a change significantly impairs your use of a paid feature, you can end the contract free of charge within 30 days (§ 327r BGB).
8.3 We provide updates needed to keep the App working and secure (§ 327f BGB).
9. Your content and our content
9.1 Your goals, notes and profile data remain yours. You give us the right to store and process them only as far as needed to provide the App to you.
9.2 The App's design, artwork, animations, music, texts and software are protected. You get a personal, non-transferable right to use the App for its intended purpose for the term of the contract.
10. Liability
10.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and where we have given a guarantee.
10.2 For slight negligence we are only liable if we breach an essential contractual obligation (one whose fulfilment makes the proper performance of the contract possible and on which you may regularly rely), and then only for the typical, foreseeable damage. Otherwise, liability for slight negligence is excluded.
10.3 For the free use of the App, we are liable only for intent and gross negligence, except in the cases of 10.1.
10.4 We are not liable for decisions you make based on AI suggestions, except under 10.1.
10.5 Your statutory rights in case of defects of paid digital products remain unaffected.
11. Term and termination
11.1 The contract runs for an indefinite period. You can end it at any time by deleting your account.
11.2 We can end the free use with 4 weeks' notice by message in the App or by e-mail. Paid subscriptions follow their billing period.
11.3 Both sides may terminate without notice for good cause, in particular for serious breaches of section 6.
12. Changes to these terms
12.1 We may change these terms for a valid reason, e.g. new laws, court decisions, or new features.
12.2 We tell you about changes in the App before they take effect. Changes that affect your rights or obligations only apply once you accept them in the App. If you do not accept, you can keep using the App under the old terms until we end the contract under 11.2, or end it yourself.
13. Final provisions
13.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer living in another country, the mandatory consumer protection rules of that country still apply.
13.2 We are not willing and not obliged to take part in dispute resolution proceedings before a consumer arbitration board.
13.3 If a provision is invalid, the rest of these terms remains valid; the statutory rules apply instead (§ 306 BGB).
