Terms of Use for THRPY

• Apple Inc., located at One Apple Park Way, Cupertino, California, for users in North, Central, and South America (excluding Canada) as well as territories and possessions of the United States, and French and British possessions in North America, South America, and the Caribbean.
• Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada, for users in Canada or its territories and possessions.
• iTunes K.K., Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo, for users in Japan.
• Apple Pty Limited, located at Level 3, 20 Martin Place, Sydney NSW 2000, Australia, for users in Australia and New Zealand, including associated island territories, territories, and affiliated jurisdictions.
• Apple Distribution International Limited, located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for all other users.

1. Scope of Application
   1.1. These terms of use apply to all legal relationships between the user and oob6, based on the download and/or use of THRPY, regardless of the fact that oob6 is not a contractual partner for downloads and in-app purchases, or even if oob6 is considered a contractual partner in this regard.
   1.2. The user's general terms and conditions only apply if expressly agreed upon in writing between oob6 and the user.
2. Agreement of Inclusion The applicability of these terms of use is agreed upon by: clicking the "Buy"/"Download" button and, if applicable, entering the personal password (or equivalent action, e.g., through Touch ID, Face ID) in the App Store,
3. Current Version, Subscription
   3.1. We strive to continuously develop THRPY. The scope of services should be continuously adjusted with the help of user feedback and suggestions.
   3.2. THRPY is offered as a subscription and is initially available for free for 30 days ("trial period"). If the subscription is not canceled by the end of the trial period, it will be extended and become chargeable from that point forward. At this point, the prices stated in the App Store at the time of download apply. The subscription will also be automatically renewed for one month during the paid phase unless canceled at the end of each current month. For the respective renewal, the prices stated in the App Store at the time of renewal apply. Price increases are subject to App Store conditions.
   3.3. After a termination becomes effective, all previously recorded data can still be viewed, and the documentation can be printed as intended. However, further editing is only possible with the renewed conclusion of a subscription at the then-applicable price.
   
4. Device Change
   Data cannot currently be transferred directly, but only via generating and restoring data backup, during a device change. The instructions regarding legal and professional requirements under Section 5 and the obligation to analogously secure the data used in THRPY under Section 6 apply.
   
   
5. Note on Legal and Professional Requirements
   According to legal and the respective professional regulations, psychotherapists, among other obligations, are (or can be) required to comprehensively document treatment. THRPY is designed to assist psychotherapists in fulfilling their legal and professional obligations regarding documentation. However, it is the responsibility of the user to ensure compliance with all applicable legal and professional requirements and to use THRPY in such manner. oob6 does not assume any liability for the completeness, accuracy, or legal compliance of the documentation created or managed using THRPY - except for intentional, fraudulent, or grossly negligent actions or a warranty (not provided in these statements) and other general product descriptions.
   It is the user's responsibility to review and verify the accuracy and completeness of the documentation, as well as to stay informed about the current additional legal and professional regulations, especially regarding data protection, and in particular the requirements concerning the encryption of digital transmission of patient data, and to ensure compliance with them in accordance with the interpretation of the courts and/or regulatory authorities.
   
   
6. Data Security and Confidentiality
   6.1. oob6 takes data security and confidentiality seriously. Technical and organizational measures are implemented to protect the data stored and processed within THRPY. However, it is important for the user to be aware that no data transmission or storage method can guarantee absolute security.
   6.2. By submitting support requests or any other communication initiated by the user via email, the user declares their consent for oob6 to respond using unencrypted email communication.
   6.3. It is the user's responsibility to ensure the security of their login credentials and to take appropriate measures to prevent unauthorized access to their THRPY account.
   6.4. In the event of any unauthorized access or breach of data security, the user agrees to inform oob6 immediately.
   6.5. oob6 has no influence over the handling of user data by third parties (e.g., Apple™, email providers).
   6.6. oob6 reserves the right to access and process user data for technical support, troubleshooting, or improvement of THRPY. The subject of the usage agreement for the app includes the analysis, evaluation, and summarization of pseudonymized usage profiles using the open-source software Matomo on oob6 servers. However, oob6 will handle all user data in accordance with applicable data protection laws and regulations. For more information, refer to our privacy statement.
   
   
7. Intellectual Property Rights
   7.1. THRPY and all associated intellectual property rights belong to oob6. The user is granted a limited, non-exclusive, non-transferable license to use THRPY solely for the intended purpose of managing psychotherapeutic documentation.
   7.2. The user is not permitted to copy, modify, distribute, sell, or exploit any part of THRPY without the prior written consent of oob6.
   
   
8. Limitation of Liability
   8.1. oob6 shall only be liable to the user, regardless of the legal basis, to the following extent for damages:
   8.1.1. oob6 shall be fully liable for damages resulting from intentional or grossly negligent breach of duty by oob6, its legal representatives, or its agents, or based on deceit.
   8.1.2. oob6 shall also be fully liable in the event of assuming a guarantee.
   8.1.3. However, oob6 shall only be liable for damages resulting from a breach of duty caused by ordinary negligence by oob6, its legal representatives, or its agents in cases involving loss of life, bodily injury, or harm to health, as well as the violation of essential contractual obligations. Essential contractual obligations are obligations whose fulfillment is necessary for the proper performance of the contractual relationship, the breach of which jeopardizes the purpose of the contract, and upon which the user regularly relies. In the event of a breach of essential contractual obligations caused by ordinary negligence by oob6, its legal representatives, or its agents, oob6 shall be liable only for the typically foreseeable damages, unless it involves claims for damages arising from the violation of life, bodily injury, or harm to health.
   8.1.4. Claims under the German Product Liability Act (″Produkthaftungsgesetz″) remain unaffected by the above limitations.
   8.1.5. Any further liability for damages without fault is excluded. This particularly applies to any existing defect present at the time of download or in-app purchase, for which oob6 is not responsible.
   8.2. All the above limitations of liability shall also apply in favor of oob6's legal representatives and/or agents, to the extent that they may be personally held liable.
   8.3. The above provisions do not entail a shift in the burden of proof to the detriment of the user.
   8.4. The user is responsible for independently securing the data on their iPad at their own expense prior to installing, updating, or making any in-app purchases of THRPY, in order to ensure reconstruction in the event of data loss. This is because, except in the case of a provided guarantee, intent, gross negligence, or deceit, oob6 shall not be liable for any data lost during or caused by the installation, update, backup, or in-app purchase of THRPY.
   
   
9. Termination
   9.1. The user can terminate their subscription to THRPY at any time by following the instructions provided within the app or by contacting oob6 directly.
   9.2. oob6 reserves the right to terminate or suspend the user's access to THRPY in case of a violation of these terms of use or any applicable laws or regulations.
   9.3 oob6 reserves the right to discontinue the further development of the app. In the event of such a situation, the app will remain usable without support until the subsequent iPadOS version is installed. Therefore, the user is advised to back up their data before installing the following iPadOS version. oob6 also recommends printing the data promptly in this case.
   
   
10. Amendments to the Terms of Use 10.1. oob6 can modify these Terms and Conditions with effect for the future without explicit consent in the following cases:
    10.1.1 At any time for downloads or in-app purchases made after the modification of the Terms and Conditions. For downloads or in-app purchases made prior to the modification, the Terms and Conditions in effect at that time shall apply.
    10.1.2 For existing downloads or in-app purchases, only under the following conditions:
    - In the event of unforeseeable changes that are not initiated by oob6 and over which oob6 has no control, and if these changes significantly disrupt the existing relationship between the respective rights and obligations of the parties involved in the underlying download or in-app purchase. - In the event of gaps or difficulties in the execution of the contract arising from the existing provisions (for example, if a clause is declared invalid by the judiciary, changes in legislation occur, or changes in market conditions
    - particularly changes in requirements or processing modalities by Apple™- have similar effects) that can only be rectified through an adjustment or addition.
    10.1.3 In cases mentioned in 10.1.2, oob6 will inform the user about the planned changes in writing no later than one month before they come into effect. If the user does not object to these changes within one month after receiving the information, the changes will apply, provided that oob6 has notified the user in writing of their right to object and the consequences of not objecting (this can be done in the same communication notifying the user about the changes). In the event of objection, the previously valid provisions will continue to apply.
    10.2. The user can request the applicable version of the Terms and Conditions by emailing support@thrpy-app.com or accessing, saving, and printing them on www.thrpy-app.com.
    
    
11. Governing Law
    11.1. These terms of use shall be governed by and construed in accordance with the laws of Germany.
    11.2 For the legal relationships between oob6 and the user, the laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Contrary provisions of the conflict of laws shall not apply.
    11.3 Regardless of the above, only Clause 12 determines the jurisdiction of the courts.
    
    
12. Jurisdiction
    Any disputes arising between oob6 and the user shall be subject to the exclusive jurisdiction of the court locally competent for the City of Erlangen, the seat of oob6.
    
    
13. Invalid Provisions and Regulatory Gaps
    If individual provisions of these terms and conditions are or become invalid and/or contradict statutory regulations, the validity of the remaining terms and conditions shall not be affected, provided that the remaining set of regulations does not unreasonably disadvantage either party in their rights. The same applies accordingly to regulatory gaps.
    
    
14. Online Dispute Resolution and Consumer Arbitration The platform of the European Commission for online dispute resolution can be found at: https://ec.europa.eu/odr
    oob6 is neither obligated nor willing to participate in a consumer arbitration procedure. Furthermore, oob6 does not offer its services to consumers.
    
    
15. Contact and Further Information
    If you have any questions, concerns, or feedback regarding THRPY or these terms of use, please contact oob6 at support@thrpy-app.com.
    Further information, especially regarding data protection and copyright, is available on www.thrpy-app.com.