Terms of Use

§ 1 Scope and provider

(1) These Terms of Use govern the use of the mobile application “PlaPlu” (the “app”) and all content and services offered within it.

(2) The provider is: PlaPlu UG (haftungsbeschränkt), Chausseestraße 118, 15712 Königs Wusterhausen, Germany, email: legal@plaplu.com

(3) The app is intended for consumers within the meaning of Section 13 of the German Civil Code (BGB).

§ 2 Services

(1) The app offers the following products and services:

• Book content, the book “Nur eine Phase” (“Just a Phase”) as digital text within the app, available separately as a one-time purchase.
• Audiobook, the audio edition of “Nur eine Phase”, available separately or bundled with the book content as a one-time purchase.
• AI parenting assistant, an AI-powered chatbot that provides general information and guidance on the development of babies aged 0 to 24 months. This service is available exclusively as part of a monthly or annual subscription and is not limited in the number of requests.

(2) PlaPlu UG does not guarantee uninterrupted availability of the app or the chatbot. Maintenance work, technical faults, or force majeure may temporarily limit availability. PlaPlu UG endeavors to keep such limitations to a minimum.

§ 3 Conclusion of contract and processing

(1) The subject of the contract between the user and PlaPlu UG is the provision and use of the app's digital content and services. All purchases and subscriptions are processed via the in-app purchase system of the respective app store, that is Apple's in-app purchase system (iOS) or Google Play Billing (Android); the purchase contract is concluded between the user and PlaPlu UG, and payment is processed by Apple or Google respectively. The Apple Media Services Terms of Use (https://www.apple.com/legal/internet-services/itunes/) or the Google Play Terms of Service (https://play.google.com/about/play-terms/) apply in addition. PlaPlu UG is the provider of the content and the point of contact for its provision.

(2) The subscription for the AI parenting assistant renews automatically for the selected period unless it is canceled at least 24 hours before the end of the current term via the App Store or Google Play account settings.

(3) The contract may be concluded in German or English.

§ 4 Prices and payment

All prices are displayed in the App Store or on Google Play in the user's local currency and include applicable value-added tax. Payment is charged to the payment method stored in the user's Apple or Google account.

§ 5 Minimum age

Use of the app requires a minimum age of 18. By using the app, the user confirms that they have reached this age.

§ 6 Notice on the use of AI pursuant to the EU AI Act

(1) The chatbot described in § 2 (1) is an AI system within the meaning of Regulation (EU) 2024/1689 (EU AI Act). When using the chatbot, the user is interacting with an artificial intelligence, not with a human.

(2) The chatbot's responses are generated in real time by an AI language model operated via Amazon Web Services (AWS Bedrock). Conversation content is not permanently stored on the AI provider's servers, and input is not used to train AI models. For information on the storage of chat data in our own backend and the applicable retention periods, see the Privacy Policy (sections 3.2 and 7).

§ 7 AI parenting assistant, terms of use and disclaimer

7.1 No substitute for medical or therapeutic advice

The AI parenting assistant provides general information about child development. It does not replace medical, therapeutic, or other professional advice. For health-related questions or concerns, always consult a pediatrician or another qualified professional.

PlaPlu UG accepts no liability for decisions made on the basis of the chatbot's responses.

7.2 Accuracy of content

Despite careful configuration, the AI chatbot's responses may be incomplete, outdated, or, in individual cases, factually incorrect. PlaPlu UG makes no warranty as to the accuracy, completeness, or currency of the chatbot's responses.

7.3 Permitted use

The user undertakes not to misuse the chatbot. In particular, the following is not permitted:

• entering personal data of third parties (in particular children) beyond what is necessary for the question at hand,
• attempting to induce the chatbot to provide responses that violate applicable law,
• systematic or automated querying of the chatbot.

PlaPlu UG reserves the right to take appropriate measures in the event of violations of these terms of use, in particular to restrict use of the chatbot.

§ 8 Intellectual property

All content in the app, texts, audio files, graphics, and other materials, is protected by copyright. A purchase grants the user a personal, non-transferable right of use. Reproduction, distribution, or making the content publicly available is not permitted without the express consent of PlaPlu UG.

§ 9 Indemnification

(1) The user shall indemnify PlaPlu UG against all third-party claims arising from unlawful use of the app or a breach of these Terms by the user. This also includes the reasonable costs of legal defense.

(2) The obligation to indemnify applies only to the extent that the user is responsible for the breach.

§ 10 Journal content and data backup

(1) The app includes a journal feature that allows users to create, store, and delete their own content (texts, photos, and entries). This content is stored locally on the user's device. PlaPlu UG does not create backups of it and has no access to this content.

(2) The user is responsible for backing up their journal content. The app does not provide its own backup or restore feature. PlaPlu UG recommends additionally saving important content outside the app, for example by saving photos to the device's photo library or copying important texts.

(3) Content deleted by the user, as well as content lost through uninstalling the app, deleting app data, or losing the device, cannot be restored by PlaPlu UG. This may cause the app not to work as expected.

(4) In the event of data loss, the liability of PlaPlu UG is limited to the damage that would have occurred even if the user had properly backed up their data.

§ 11 Limitation of liability

(1) PlaPlu UG is liable without limitation for damages resulting from injury to life, body, or health, and for damages caused intentionally or by gross negligence.

(2) For damages caused by slight negligence, PlaPlu UG is liable only in the event of a breach of essential contractual obligations (cardinal obligations), and liability is limited to the foreseeable damage typical for this type of contract.

(3) Liability under the German Product Liability Act remains unaffected.

(4) The above limitations of liability do not apply to the extent that mandatory national law of the user grants more extensive claims, in particular under the Brazilian Código de Defesa do Consumidor, the UK Consumer Rights Act 2015, or the consumer protection law of the relevant US state.

§ 12 Right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (PlaPlu UG (haftungsbeschränkt), Chausseestraße 118, 15712 Königs Wusterhausen, Germany, email: legal@plaplu.com) of your decision to withdraw from this contract by an unambiguous statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but this is not mandatory. You can also declare your withdrawal via the withdrawal function provided in the app.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

If you have requested that the service begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal, compared to the total scope of the services provided for in the contract.

Early expiry of the right of withdrawal

For the provision of digital content (book content, audiobook) not supplied on a physical medium, the right of withdrawal expires if PlaPlu UG has begun performing the contract after the user has expressly consented to PlaPlu UG beginning performance of the contract before the end of the withdrawal period, and the user has confirmed their knowledge that they lose their right of withdrawal by giving this consent once performance of the contract begins.

Note on processing via Apple and Google Play

All purchases and subscriptions are technically processed via the in-app purchase system of Apple (iOS) or Google Play (Android). PlaPlu UG does not collect the payments itself; refunds are paid out by Apple or Google to the payment method stored in the respective account. For purchases via Apple, PlaPlu UG cannot technically initiate a refund on its own; for purchases via Google Play, PlaPlu UG can initiate the refund through Google. You can declare your withdrawal via the withdrawal function provided in the app, via the contact details given above, or directly with Apple at https://reportaproblem.apple.com/ or with Google Play (https://support.google.com/googleplay/answer/15574897). PlaPlu UG remains your contractual partner and is responsible for honoring the statutory right of withdrawal. This does not limit the statutory right of withdrawal.

Model withdrawal form

(If you wish to withdraw from the contract, please fill out this form and return it.)

To: PlaPlu UG (haftungsbeschränkt), Chausseestraße 118, 15712 Königs Wusterhausen, Germany, email: legal@plaplu.com

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)

Ordered on (*) / received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if this form is submitted on paper)

Date

(*) Delete as applicable.

§ 13 Data protection

Details on the collection, processing, and use of personal data are set out in the Privacy Policy, which is available in the app and at https://plaplu.com/en/privacy/.

§ 14 Changes to these Terms

PlaPlu UG reserves the right to amend these Terms with effect for the future where this is objectively justified due to changes in the law, case law, or the further development of the app. Users will be informed of changes in good time. Continued use of the app after the changes take effect constitutes acceptance.

§ 15 Governing law and jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of their habitual place of residence (Art. 6(2) of the Rome I Regulation).

(3) The place of jurisdiction for merchants is Königs Wusterhausen. For consumers, the statutory jurisdiction rules apply.

§ 16 Consumer dispute resolution

PlaPlu UG is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 17 Severability

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

§ 18 Contact

If you have any questions about these Terms, please contact:

PlaPlu UG (haftungsbeschränkt), email: legal@plaplu.com