Terms of Use (Terms and Conditions / EULA)

for the mobile application "Heijo" (iOS / macOS)

Version date: 13 August 2026 · Version: 1.1 (the in-app acceptance is logged and tied to this version)

Language note. This English text is a translation of the German original, provided for your convenience. The language of the contract is German: the legally binding version is the German one, available at https://heijo.app/agb. In the event of any discrepancy, the German version prevails (see § 3(6)).

§ 1 Scope, provider and definitions

(1) These General Terms and Conditions (hereinafter "Terms") govern the contractual relationship between

Marco Marius Reczuch, sole proprietor
Alex-Wedding-Straße 3, 10178 Berlin, Germany
Email: hello@heijo.app

(hereinafter "provider", "we" or "us") and you as the user (hereinafter "user", "you") regarding the use of the mobile application Heijo for iOS and macOS, including all associated features, content and services (hereinafter uniformly "app" or "Heijo").

(2) These Terms also constitute the End User Licence Agreement (EULA) for the use of the app.

(3) These Terms apply exclusively. Deviating, conflicting or supplementary terms of the user do not become part of the contract unless we have expressly agreed to their application in writing.

(4) The app is aimed at adult consumers within the meaning of Sec. 13 of the German Civil Code (BGB), aged 18 and over. Use by persons under 18 is not permitted. The age limit of majority (instead of the Art. 8 GDPR threshold of 16 years) follows from the processing of health data (Art. 9 GDPR) and the full legal capacity required for the paid user contract (Secs. 104 et seq. BGB).

(5) Definitions. For the purposes of these Terms:

• "AI" / "AI feature" means the generative language models and automated processing used in the app which produce responses, suggestions, summaries and derived content;
• "Journal" and "Mirror" mean the reflection-related features of the app in which the user writes personal, emotional and possibly health-related content, or receives reflections synthesised by the app;
• "Apple" means Apple Distribution International Ltd. or the Apple entity responsible at the relevant time for distribution via the App Store;
• "subscription" means any paid, recurring premium service.

§ 2 Subject matter of the contract and intended purpose

(1) Heijo is an AI-supported application for personal development and self-reflection which supports people in structuring tasks and goals, planning the day, reflecting in a chat with an AI companion, keeping a journal, and noticing patterns in their own behaviour through guided sessions and the "Mirror".

(2) Clarification of the nature of the app: not a medical device, not therapy, not an emergency service.

a) Heijo is expressly not a medical device within the meaning of Regulation (EU) 2017/745 (MDR). The app serves the purposes of organisation, self-reflection and personal support. It is not intended to detect, prevent, monitor, treat or alleviate disease, and it makes no medical or psychological diagnoses.

b) Heijo is no substitute for medical, psychotherapeutic, psychological, pharmaceutical, legal, tax or other professional advice or treatment. The AI feature does not produce clinical diagnoses and makes no promises of cure. Where the app uses therapy-like or reflective language, this in no case replaces professional treatment.

c) Heijo is not an emergency, crisis or rescue service. The app does contain a technically limited safety feature which can point automatically to sources of help when certain wordings occur; however, it cannot detect crises reliably, does not constitute crisis intervention and is no substitute for professional help. If you are in an acute crisis or emergency, or if you are having thoughts of harming yourself or others, please turn to professional help immediately:

• Emergency number: 112
• Telefonseelsorge: 0800 111 0 111 / 0800 111 0 222 / 116 123 (free of charge, around the clock)

(3) Notice regarding the AI nature of the service. Heijo is an artificial-intelligence-based service. The AI companion is not a human being. You are informed of this transparently from your first contact with the app (Art. 50 of Regulation (EU) 2024/1689, the AI Act).

(4) There is no entitlement to particular content, to a particular quality of the AI responses, or to a particular outcome (for example a change of behaviour, the achievement of goals, or an improvement in well-being). §§ 10 to 12 govern the details.

§ 3 Formation of the contract and incorporation of these Terms

(1) The app is obtained via the Apple App Store. By downloading the app and setting up a user account, a user contract regarding the app is concluded between you and us on the basis of these Terms.

(2) Active acceptance (Sec. 305(2) BGB). Before you first use the app, these Terms are made available to you. They only become part of the contract if you actively accept them during setup (for example by ticking a field provided for this purpose and confirming). There is no pre-set default ("pre-ticked box"). You can access, save and print these Terms at any time in the app and at https://heijo.app/agb.

(3) Separation from the data protection consent. Acceptance of these Terms is separate from the data protection consent, in particular from the explicit consent to the AI processing of your content (Coach chat, Journal, Mirror) as special categories of personal data (Art. 9(2)(a) GDPR). We inform you about the associated transfers to the USA (safeguarded by appropriate guarantees under Art. 46 GDPR, namely the EU-US Data Privacy Framework or EU Standard Contractual Clauses, depending on the service provider; details in the Privacy Policy); we do not obtain separate consent to the transfer itself (Art. 49). The Art. 9 consent is obtained separately, granularly and voluntarily; acceptance of these Terms does not replace it, nor vice versa. The details are set out in our Privacy Policy at https://heijo.app/app/datenschutz (English translation: https://heijo.app/app/privacy).

(4) No bundling. The core features of the app (task management, planning, account management) can be used without the explicit Art. 9 consent. The AI features (Coach chat, Journal, Mirror) require this consent, since special categories of data are processed in the course of them; the consent is, however, not a condition for using the app at all (Art. 7(4) GDPR).

(5) The text of the contract is not stored and sent separately by us upon conclusion of the contract; it is, however, available at any time at https://heijo.app/agb. We document the time and the version of your acceptance.

(6) The language of the contract is German. Where an English translation is provided, it serves information purposes only; the German version remains authoritative.

§ 4 Registration and user account

(1) Using Heijo requires setting up a user account. This requires providing a valid email address and choosing a password.

(2) You are obliged to provide truthful and complete information when registering and to keep your access credentials confidential. Passing the account on to third parties is not permitted.

(3) If you suspect misuse of the account or unauthorised use, you are obliged to inform us without delay and to change your password.

(4) As a rule, only one account per person is permitted.

§ 5 Grant of licence and rights of use (EULA)

(1) For the term of the contract, we grant you a simple, non-exclusive, non-transferable, non-sublicensable and revocable right to use the app for your own private purposes on the Apple devices controlled by you and linked to your Apple ID, in accordance with the applicable Apple terms of use and these Terms.

(2) You are not entitled to (a) reproduce, distribute, rent, lend, sell or make publicly available the app or parts of it, insofar as this goes beyond the intended use; (b) decompile it, reverse engineer it or otherwise determine the source code, except insofar as this is mandatorily permitted under Sec. 69e of the German Copyright Act (UrhG); (c) modify or adapt it or create derivative works; (d) use it to develop a competing product or to systematically extract content (for example scraping, automated querying of the AI features).

(3) All rights in the app, its software, its design, its texts, trade marks (including the sign "Heijo" and 平常心) and other content remain with us or with the respective rights holders. No rights beyond paragraph 1 are transferred.

(4) Your content. Content that you create in the app (for example tasks, goals, chat messages, journal entries) remains your content. You merely grant us the simple rights of use technically required to provide the service (in particular for storage, processing and transfer to the processors named in the Privacy Policy for the purpose of providing the features). Your content is not used to train third-party or our own AI models: the AI services used do not use your content for model training (standard EU operation Cortecs/Tensorix: processing in volatile memory only, no storage after processing; text embeddings Voyage AI: processing strictly on instructions, no use for its own purposes; fallback operation Anthropic: no use for training, automatic deletion of transferred content within 30 days).

§ 6 Description of services and availability

(1) The scope of the app's features follows from the current description in the App Store and in the app itself. We are entitled to further develop, adapt and change individual features within the framework of Secs. 327 et seq. BGB; § 13 remains unaffected.

(2) No 100 % availability. We endeavour to keep the server-side services accessible with as few interruptions as possible, but we do not owe uninterrupted or complete availability. In particular, maintenance work, technical faults, force majeure as well as disruptions or outages at third-party services used (for example hosting, AI or authentication services) may lead to temporary restrictions. Planned maintenance will be announced where possible and reasonable.

(3) The AI features require the availability of third-party services (in particular the language model and embedding providers used). We have no direct influence on their availability.

(4) To use the app you need a compatible Apple device, a current operating system version and a functioning internet connection. You bear the resulting device and connection costs.

§ 7 User obligations and conduct

(1) You undertake to use the app only within the framework of applicable law and these Terms.

(2) In particular, you undertake to refrain from:

• entering unlawful, insulting, discriminatory content, content harmful to minors, or content infringing the rights of third parties;
• entering personal data of third parties without their consent or without another legal basis;
• circumventing security measures, disrupting or overloading the app, or impairing it with malware;
• using the app contrary to § 5(2).

(3) You are responsible for reviewing the outputs of the AI feature on your own responsibility and for not implementing them unchecked, in particular in the case of decisions with health-related, financial, legal or otherwise significant consequences (see § 12).

(4) In the event of a serious or repeated breach of these obligations, we are entitled, after prior warning (and in the case of serious breaches also without prior warning), to block access temporarily or to terminate the contract for cause (§ 14).

§ 8 Prices, subscription and payment via Apple

(1) Use of Heijo begins with a free 14-day trial period. Through active use, the trial period is extended by one further day for each active day of use, up to a total of approximately one month at most. After the trial period has expired, further use of the app requires a paid subscription. The scope of services, the term and the price of a subscription follow from the respective offer description in the app or in the App Store at the time of ordering and are clearly stated there before the purchase is concluded.

(2) Handling via Apple. The purchase and billing of paid services take place exclusively via Apple's in-app purchase infrastructure. In this respect, Apple is the contracting party and payment service provider for handling the payment process (Apple acts as the "deemed supplier"). The respective Apple Media Services terms apply in addition. We have only limited influence on the content and the handling of the payment process.

(3) Term, renewal and cancellation. Subscriptions renew automatically for the period stated at the time of ordering, where so stated, unless they are cancelled in good time. Managing, pausing and cancelling a subscription is done through the subscription settings of your Apple account. Insofar as legally required (Sec. 312k BGB), we provide an easily accessible cancellation option or a clear reference to the cancellation route on Apple's side.

(4) Right of withdrawal for digital content. Insofar as you as a consumer have a statutory right of withdrawal under Secs. 312g, 355 BGB, the following applies:

a) In the case of a contract for the supply of digital content or digital services not supplied on a tangible medium, the right of withdrawal expires early under Sec. 356(5) BGB if (i) you have expressly agreed that we begin performing the contract before the withdrawal period has expired, (ii) you have confirmed your awareness that you thereby lose your right of withdrawal, and (iii) we have provided you with a confirmation of this.

b) Insofar as the right of withdrawal has not expired, you may withdraw from the contract within 14 days without giving reasons. The details, including the full withdrawal instructions and a model withdrawal form, are set out in Annex 1 to these Terms.

c) In the case of purchases via Apple, the reversal may additionally be handled through Apple's refund procedures.

(5) We will notify you of price changes to ongoing subscriptions in advance within a reasonable period; they take effect only with your consent or in accordance with the statutory requirements and those set by Apple.

§ 9 Updates to digital products (Secs. 327 et seq. BGB)

(1) Insofar as the app and its features constitute digital products within the meaning of Secs. 327 et seq. BGB, we will provide you, during the period relevant under Sec. 327f BGB, with the updates that are necessary for the app to remain in conformity with the contract, including security updates.

(2) We will inform you about updates provided in the manner prescribed by law. If you do not install an update provided to you within a reasonable period, we are not liable for a defect that is due solely to the absence of that update, provided that we informed you about its availability and the consequences of failing to install it, and provided that the failure to install is not due to defective installation instructions (Sec. 327f(2) BGB).

(3) In the event of a defect in the digital product, you have the statutory rights under Secs. 327i et seq. BGB (supplementary performance, price reduction, termination of the contract, damages in accordance with § 11).

§ 10 Warranty / rights in respect of defects

(1) The statutory rights in respect of defects apply, unless these Terms effectively provide otherwise. For digital products, Secs. 327 et seq. BGB apply in addition, including where you provide personal data as consideration (Sec. 327(3) BGB).

(2) We assume a guarantee as to quality only where this is done expressly and in writing and is designated as a "guarantee".

(3) You can notify us of any defects at hello@heijo.app.

§ 11 Liability

(1) We are liable without limitation

• for damage arising from injury to life, body or health which is based on a negligent or intentional breach of duty by us or by one of our legal representatives or agents;
• for other damage which is based on an intentional or grossly negligent breach of duty by us or by one of our legal representatives or agents;
• within the scope of a guarantee expressly assumed by us;
• under the German Product Liability Act (ProdHaftG);
• in the case of fraudulently concealed defects.

(2) In the case of a merely slightly negligent breach of a material contractual duty (cardinal duty, that is, a duty whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely), our liability is limited to the typical damage foreseeable at the time the contract was concluded.

(3) Otherwise, liability is excluded, on whatever legal basis. In particular, we are not liable for a slightly negligent breach of non-material contractual duties.

(4) The above limitations of liability also apply for the benefit of our legal representatives and agents.

(5) The above provisions do not involve any change in the burden of proof to your detriment.

(6) Clarification regarding the nature of the app. Within the scope permitted under paragraphs 1 to 3, we are not liable for consequences arising from your using Heijo contrary to § 2 as a medical, therapeutic, psychological, emergency or crisis service, or from your implementing AI outputs unchecked (§ 12). The unlimited liability under paragraph 1, in particular for life, body and health, remains unaffected by this.

§ 12 AI notice and personal responsibility

(1) The content, suggestions, plans, reflections and other outputs of the AI feature are generated automatically by generative language models. They may be incomplete, inaccurate, outdated or, in individual cases, incorrect ("hallucinations") and do not constitute professional advice.

(2) A particular outcome, such as a change of behaviour, the achievement of goals, or an improvement in concentration, mood or well-being, is not guaranteed. Heijo merely creates the conditions for the change that you yourself carry.

(3) You are obliged to assess AI outputs on your own responsibility and to review them critically before implementing them, in particular in the case of decisions relevant to health, finances, law or safety, and to obtain qualified professional advice in case of doubt.

(4) In crises or emergencies, § 2(2)(c) applies (emergency number 112; Telefonseelsorge 0800 111 0 111 / 0800 111 0 222 / 116 123).

§ 13 Changes to these Terms

(1) We reserve the right to change these Terms with effect for the future, insofar as this is necessary for valid reasons, for example because of a change in the legal situation, decisions of the highest courts, technical or regulatory requirements, a change in the scope of services, or in order to remove ambiguities, and provided that the change does not disadvantage you unreasonably contrary to good faith.

(2) We will inform you about intended changes at least 6 weeks before they take effect, in text form (for example by email or through a notice in the app), highlighting the amended provisions.

(3) The changes are deemed approved if you do not object to them within 6 weeks of receiving the notice of change. We will point out this consequence to you separately in the notice. If you object, we are entitled to terminate the contract by ordinary notice with effect from the date the change takes effect; otherwise, the contract continues on the previous terms, insofar as this is possible and reasonable.

§ 14 Contract term and termination

(1) The user contract regarding the app is concluded for an indefinite period. You can end it at any time without notice by deleting your user account or uninstalling the app. For ending a paid subscription, § 8(3) applies in addition.

(2) The right of both parties to terminate for cause remains unaffected. For us, cause exists in particular in the event of a serious or repeated breach of § 7.

(3) Deletion of your data. You can arrange for your account and your data to be deleted at any time; the details and time limits follow from the Privacy Policy. We delete your personal data in accordance with the statutory requirements (Art. 17 GDPR), insofar as no statutory retention obligations conflict with this. Content stored locally on your device and in your private iCloud is removed by uninstalling the app or through the device/iCloud settings.

§ 15 Final provisions

(1) Applicable law. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state of your habitual residence remain unaffected.

(2) Place of jurisdiction. No exclusive place of jurisdiction is agreed vis-à-vis consumers; the statutory places of jurisdiction apply. If you are a merchant, a legal person under public law or a special fund under public law, or if you have no general place of jurisdiction in Germany, the exclusive place of jurisdiction is Berlin.

(3) Consumer dispute resolution. We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration body (Sec. 36 of the German Act on Alternative Dispute Resolution in Consumer Matters, VSBG).

(4) Severability clause. Should individual provisions of these Terms be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the statutory rules. Vis-à-vis consumers, any interpretation preserving validity applies only within the limits permitted by law.

(5) Apple as third-party beneficiary. Insofar as you obtain the app via the Apple App Store, you acknowledge that Apple and its subsidiaries are third-party beneficiaries of this EULA and are entitled to enforce this EULA against you once you have accepted it. As between us and Apple, the following applies: we, not Apple, are solely responsible for the app and its content, for any warranty, product liability and data protection claims, and for handling user enquiries, unless the applicable Apple terms provide otherwise.

Annex 1 — Withdrawal instructions and model withdrawal form

Withdrawal instructions

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 of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us

Marco Marius Reczuch, Alex-Wedding-Straße 3, 10178 Berlin, Germany — Email: hello@heijo.app

by means of a clear declaration (for example a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. Note on handling via Apple: paid purchases and subscriptions are handled through the Apple App Store; any refunds are in that case made through Apple in accordance with the Apple Media Services terms.

Early expiry. Your right of withdrawal expires early if we have begun performing the contract after you expressly agreed that we begin performance before the withdrawal period has expired, and after you confirmed your awareness that, by giving your consent, you lose your right of withdrawal upon the commencement of the performance of the contract (Sec. 356(5) BGB).

Model withdrawal form

(If you wish to withdraw from the contract, please fill in this form and send it back.)

To: Marco Marius Reczuch, Alex-Wedding-Straße 3, 10178 Berlin, Germany — hello@heijo.app
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the supply of the following digital content / the following digital service (*): __________
Ordered on (*) / received on (*): __________
Name of consumer(s): __________
Address of consumer(s): __________
Date: __________
(Signature, only if this form is notified on paper)
(*) Delete as appropriate.

Accompanying note (not part of these Terms). Information under data protection law, in particular on processors (including Supabase/EU, Cortecs GmbH/Vienna with the EU sub-processor Tensorix Ltd/Ireland as standard operation, Anthropic/USA in fallback operation only, Voyage AI (MongoDB)/USA, Sentry/EU region, Apple), legal bases, the explicit consent under Art. 9(2)(a) GDPR for Journal/Mirror content, the third-country transfer and data subject rights, can be found exclusively in the separate Privacy Policy at https://heijo.app/app/datenschutz (English translation: https://heijo.app/app/privacy). These Terms govern the contractual relationship of use; they do not replace the Privacy Policy or the consents to be obtained separately.