Terms of Service

1. Acceptance of Terms

Welcome to ReplyContext. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and helpful bits GmbH, a German limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the ReplyContext mobile application, website located at replycontext.com, and all related services, features, content, and functionality (collectively, the "Services").

By downloading, installing, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease all use of our Services and uninstall our mobile application.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Effective Date" above and, where appropriate, by sending you an email notification or displaying a prominent notice within our Services. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least eighteen (18) years of age to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract. We do not knowingly collect information from or direct our Services to anyone under the age of 18. If we learn that we have collected personal information from a child under 18, we will delete that information as quickly as possible.

2.2 Account Creation

To access certain features of our Services, you must create an account. During registration, you will be required to provide accurate, current, and complete information. You agree to promptly update your account information to maintain its accuracy.

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account, whether authorized by you or not
• Immediately notifying us of any unauthorized use of your account or any other breach of security

We reserve the right to disable an account if we reasonably believe you have violated these Terms or applicable law.

2.3 Account Security

You agree not to share your account credentials with any third party or allow others to access your account. You acknowledge that you are solely responsible for any and all consequences arising from the use of your account by you or others with access to your credentials, whether authorized or unauthorized.

3. Service Hosting

ReplyContext's application backend and database are hosted in Germany, in the European Union, for all users, including users in the United States. The Services do not offer a separate U.S. application or database region and do not request precise device location. These Terms set out your rights and obligations under U.S. law; they do not indicate U.S. hosting. AI model processing is described in Section 7 and in our Privacy Policy.

4. Service Description

ReplyContext is a mobile application that drafts replies to messages. Our Services include, but are not limited to:

4.1 Core Features

• Message Capture: Say what you want to say, from a few words to your own full draft, and optionally add the message you want to answer as shared or pasted text or as a screenshot
• Reply Generation: Each request produces one AI-drafted reply (or one clarifying question) through a single call to an AI model
• Refinement: Refine the drafted reply with your own instructions, or have it polished for grammar and punctuation
• Private Memory: Optional numeric style signals (reply length, line breaks, and terminal punctuation) learned when you accept a reply you edited; the app lists the signals for inspection and deletion and does not require memory setup
• Manual Completion: You review, edit, and copy the reply yourself; the Services do not send messages on your behalf

4.2 Service Limitations

You acknowledge and agree that:

• Our Services depend on third-party AI infrastructure and may be subject to its availability, rate limits, and policies
• Service availability is not guaranteed and may be interrupted for maintenance, updates, or unforeseen circumstances
• AI-generated content may contain errors, inaccuracies, or inappropriate material despite our best efforts
• We reserve the right to modify, suspend, or discontinue any feature or functionality at any time without prior notice

4.3 No Professional Advice

Our Services are for general informational and productivity purposes only. The AI-generated content, suggestions, and enhancements provided through our Services do not constitute professional advice (legal, medical, financial, or otherwise). You should not rely on our Services as a substitute for professional consultation appropriate to your specific situation.

5. License Grant and Restrictions

5.1 Limited License

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the ReplyContext mobile application on devices that you own or control, solely for your personal, non-commercial use.

5.2 License Restrictions

You agree not to, and will not permit others to:

• Copy, modify, distribute, sell, or lease any part of our Services
• Reverse engineer, decompile, or attempt to extract the source code of our Services
• Remove, alter, or obscure any proprietary notices on our Services
• Use our Services for any commercial purpose or for the benefit of any third party
• Create derivative works based on our Services
• Frame, mirror, or otherwise incorporate our Services into any other website or service
• Access our Services through automated means (bots, scripts, scrapers) except as explicitly permitted
• Interfere with or disrupt the integrity or performance of our Services or underlying infrastructure

5.3 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved by helpful bits GmbH and our licensors. The Services and all related intellectual property rights remain the exclusive property of helpful bits GmbH.

6. Prohibited Uses

In addition to the restrictions set forth elsewhere in these Terms, you agree not to use our Services to:

6.1 Illegal Activities

• Violate any applicable local, state, national, or international law or regulation
• Facilitate, promote, or engage in illegal activities, including but not limited to fraud, money laundering, or terrorism
• Transmit or create content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Infringe upon the rights of others, including intellectual property, privacy, or publicity rights

6.2 Intellectual Property Infringement

• Upload, transmit, or process content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights
• Use our Services to generate content that plagiarizes or inappropriately reproduces copyrighted works
• Circumvent or disable any digital rights management or content protection measures

6.3 System Abuse

• Probe, scan, or test the vulnerability of our Services or breach security or authentication measures
• Access, tamper with, or use non-public areas of our Services or shared areas without authorization
• Interfere with or disrupt any user, host, or network, including sending viruses, overloading, flooding, spamming, or mail-bombing
• Scrape, spider, or use automated means to access our Services for any purpose without our express written permission
• Attempt to circumvent usage limits, rate limits, or other restrictions imposed by our Services

6.4 Circumvention

• Bypass, circumvent, or attempt to bypass or circumvent any measures we employ to prevent or restrict access to our Services
• Access our Services using multiple accounts to circumvent rate limits or usage restrictions
• Share your account credentials or subscription access with unauthorized users

6.5 High-Risk Uses

You agree not to use our Services in any situation where failure could lead to death, personal injury, or environmental damage, including but not limited to:

• Operation of nuclear facilities, aircraft navigation, or air traffic control
• Life support systems or emergency response systems
• Medical diagnosis, treatment decisions, or patient care
• Operation of vehicles, machinery, or other equipment where malfunction could cause harm
• Military or defense applications

6.6 Harassment and Abuse

• Harass, threaten, impersonate, or intimidate any person or entity
• Generate or distribute spam, unsolicited messages, or bulk communications
• Engage in hate speech, discrimination, or content that promotes violence against individuals or groups
• Create or distribute content that sexually exploits or endangers minors

Violation of any prohibited use may result in immediate suspension or termination of your account without refund and may subject you to civil and criminal liability.

7. Third-Party AI Processing

ReplyContext relies upon third-party artificial intelligence infrastructure to provide our core functionality. You acknowledge and agree that:

7.1 AI Processing

To generate replies, your inputs (any captured message and screenshots, your stated intent, and any instructions) travel through the ReplyContext server in Germany (EU) directly to Google’s Gemini API. Each generation or revision involves a single model call. The AI provider and model are determined by us server-side. The processors currently involved are listed on our sub-processors page.

7.2 Third-Party Terms

While we process your data in accordance with our Privacy Policy, you acknowledge that:

• Third-party AI processors may have their own data processing and privacy practices
• We transmit your input data to this infrastructure to generate replies
• We are not responsible for the actions, policies, or practices of third-party AI processors beyond our contractual arrangements with them

7.3 Service Availability

The availability and performance of our Services depend on this third-party infrastructure. We do not guarantee that the Services will be available at all times. We reserve the right to:

• Add, remove, or substitute AI processors without prior notice (with sub-processor list updates as described in the Privacy Policy)
• Change the model used server-side
• Implement rate limits or usage restrictions based on infrastructure limitations
• Temporarily disable reply generation during outages or maintenance

7.4 AI Content Disclaimer

AI-generated content may contain errors, inaccuracies, biases, or inappropriate material. You acknowledge that:

• AI models are trained on large datasets that may contain biases or inaccuracies
• AI-generated content should be reviewed and verified before use in important contexts
• We are not responsible for the accuracy, completeness, or appropriateness of AI-generated content
• You are solely responsible for your use of AI-generated content and any consequences arising therefrom

8. Payment, Billing, Reply Credits, and Auto-Renewal

8.1 Subscription Plans

ReplyContext offers Weekly, Monthly, and Annual subscription plans on iOS, billed through Apple's App Store. Subscriptions are currently offered only through Apple's App Store. Current pricing is displayed in the App Store and within the application at the time of purchase.

Prices are subject to change with notice. Price changes will not affect active subscriptions until renewal.

8.2 Auto-Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. By purchasing a subscription, you authorize us (through Apple's App Store) to charge your payment method automatically at the start of each renewal period.

Renewal charges occur:

• Weekly subscriptions: Every 7 days from initial purchase date
• Monthly subscriptions: On the same calendar day each month
• Annual subscriptions: On the same calendar day each year

8.3 Free Trials

We do not currently offer free trial periods. Eligible new accounts instead receive the one-time promotional credit described in Section 8.4. If we offer a free trial for a subscription in the future:

• You must provide valid payment information to start the trial
• You will be charged the full subscription price when the trial ends unless you cancel before the trial period expires
• We may terminate your trial at any time if we suspect abuse or violation of these Terms
• Free trials are limited to one per user and may not be combined with other offers
• Trial eligibility is determined at our sole discretion

8.4 Reply Credits and Credit Packs

If a reply credit pack is offered in the app, it is sold as a consumable one-time in-app purchase through the store you buy it from: Apple's App Store on iOS, or Google Play on Android. The store displays the price and any applicable taxes at the time of purchase. Credit packs are not subscriptions and do not renew.

• Purchased credit is added to your account after the store confirms the transaction and does not expire
• Each successful reply generation or revision consumes credit based on actual usage under the then-current terms; a retried request is charged once
• Credit has no cash value and is not transferable or redeemable for money, except where required by applicable law

Promotional first-value credit. Eligible accounts receive one promotional credit grant so a new user can generate first replies. The grant is issued once per account, is free of charge, and expires 30 days after it is granted. It is a one-time promotion, not a recurring free allowance, and we do not guarantee a particular number of replies from it.

8.5 Cancellation

You may cancel your subscription at any time through your Apple App Store account settings. Cancellation instructions are available at https://support.apple.com/en-us/HT202039. Cancellation applies only to Apple subscriptions; a reply credit pack, if offered in the app, is a one-time purchase with nothing to cancel, and purchased credit remains available under Section 8.4.

When you cancel:

• Your subscription will remain active until the end of your current billing period
• You will retain access to subscription features until the end of the paid period
• You will not be charged for subsequent billing periods
• No refunds or credits will be issued for partial billing periods

8.6 Refund Policy

Payments are processed by the store you purchased through and are subject to that store's refund policies. We do not process store payments or refunds directly. To request a refund:

• For an Apple subscription, or an Apple credit pack if one was offered and bought, visit https://reportaproblem.apple.com/, sign in with your Apple ID, and follow Apple's refund request process
• If you bought a credit pack through Google Play, follow Google Play's refund request process

Refund decisions are made by the store according to its policies; we have no control over them. If a store refunds or voids a credit pack purchase, we remove the corresponding purchased credit where it remains available. We do not take promotional credit or make your credit balance negative; credit already used is recorded as an unrecovered amount. If your refund request is denied by the store and you believe there are extenuating circumstances, you may contact us at Email. Nothing in this section limits rights you have under applicable law that cannot be waived.

8.7 Payment Information

Payment details are processed and stored by Apple or Google. We do not receive your credit card or other payment instrument details. We receive transaction confirmation and status and the store identifiers needed to verify, credit, recover, and consume a purchase and to handle refunds or voids; for a Google Play purchase this is the product id, purchase token, purchase state, and an obfuscated account identifier. By purchasing, you agree to the store's payment terms and authorize the store to charge your payment method.

8.8 Failed Subscription Payments

If a renewal payment fails:

• Apple will attempt to charge your payment method again according to their retry policies
• Your access to subscription features may be suspended or terminated
• We may send you notifications regarding the failed payment
• You remain responsible for any uncollected amounts

8.9 Taxes

Prices do not include applicable taxes, duties, or similar governmental assessments, including but not limited to sales tax, use tax, or VAT. You are responsible for paying all taxes associated with your purchase. Taxes are calculated and collected by the store (Apple or Google) according to applicable law and shown at the time of purchase.

9. User Content and Data

9.1 Your Content

"User Content" means any text, data, information, images, or other materials you submit, upload, or input into our Services, including but not limited to:

• Messages and screenshots you capture for a reply, which typically include content written by third parties
• Your stated intent, instructions, and personal vocabulary
• Replies you edit and accept
• Settings, preferences, and configurations

9.2 Content Ownership

You retain all ownership rights to your User Content. By submitting User Content to our Services, you do not transfer ownership to us. However, you grant us certain licenses as described below.

9.3 Content License to Us

To provide our Services, you grant helpful bits GmbH a worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, modify, process, and transmit your User Content solely for the purposes of:

• Providing, maintaining, and improving our Services
• Processing your User Content directly through Google’s Gemini API to generate the replies you request
• Storing optional numeric style signals and account preferences (captured messages, intent, drafted replies, and your accepted final text are processed transiently and are not persisted in the ReplyContext application database)
• Troubleshooting technical issues and providing customer support
• Complying with legal obligations and enforcing our Terms

This license terminates when you delete your User Content or close your account, except where we are required to retain data for legal compliance.

9.4 Content Representations

By submitting User Content, you represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to submit and use the User Content
• Your User Content does not infringe, violate, or misappropriate any third-party rights
• Your User Content complies with these Terms and all applicable laws
• You have obtained all necessary consents from individuals whose personal information appears in your User Content

9.5 AI-Generated Content

Content generated by our AI Services in response to your input ("AI Output") is provided to you under the same license terms as your input. You may use AI Output for any lawful purpose. However:

• AI Output may not be sufficiently original to qualify for copyright protection
• Similar inputs may generate similar outputs for different users
• We cannot guarantee that AI Output is unique or does not infringe third-party rights
• You are solely responsible for your use of AI Output and determining its fitness for your purposes

9.6 Content Monitoring

We do not routinely monitor User Content. However, we reserve the right to review, monitor, or remove User Content:

• To investigate potential violations of these Terms
• In response to legal process or government requests
• To protect the rights, property, or safety of helpful bits GmbH, our users, or the public
• To enforce these Terms or investigate potential violations

9.7 Prohibited Content

You agree not to submit User Content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Infringes intellectual property rights or violates any law or regulation
• Contains viruses, malware, or other harmful computer code
• Impersonates any person or entity or misrepresents your affiliation with any person or entity
• Contains private information of third parties without their consent
• Is intended to harm minors in any way

9.8 Backup Responsibility

You are solely responsible for maintaining backups of your User Content. While we implement reasonable data protection measures, we are not responsible for any loss, corruption, or deletion of User Content. We recommend regularly exporting and backing up important data.

10. Intellectual Property Rights

10.1 Our Intellectual Property

All intellectual property rights in and to the Services, including but not limited to software, algorithms, user interfaces, designs, graphics, logos, text, documentation, and trademarks, are owned by or licensed to helpful bits GmbH. These Terms do not grant you any rights to our intellectual property except as expressly stated in the limited license granted above.

10.2 Trademarks

"ReplyContext," the ReplyContext logo, and other marks used in connection with our Services are trademarks or registered trademarks of helpful bits GmbH. You may not use our trademarks without our prior written permission. All other trademarks, service marks, and logos used in our Services are the property of their respective owners.

10.3 Feedback

If you provide us with feedback, suggestions, ideas, or recommendations regarding our Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our Services without any obligation to compensate you. We may use Feedback for any purpose, including developing, improving, and marketing our Services.

10.4 Third-Party Materials

Our Services may include third-party software, content, or materials subject to separate license terms. Your use of such third-party materials is governed by their respective license agreements. We do not grant any rights to third-party intellectual property beyond what is necessary to use our Services.

11. Digital Millennium Copyright Act (DMCA) Policy

11.1 Copyright Infringement Notification

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement through our Services, please provide our designated Copyright Agent with the following information in writing:

• A physical or electronic signature of the copyright owner or person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material
• Your contact information, including address, telephone number, and email address
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

11.2 Designated Copyright Agent

Our designated Copyright Agent for notice of claims of copyright infringement can be reached at:

11.3 Counter-Notification

If you believe that material you posted was removed or disabled by mistake or misidentification, you may file a counter-notification with our Copyright Agent containing:

• Your physical or electronic signature
• Identification of the material that was removed and its location before removal
• A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
• Your name, address, telephone number, and a statement consenting to jurisdiction in your judicial district

11.4 Repeat Infringer Policy

We maintain a policy of terminating accounts of users who are repeat infringers of copyright in appropriate circumstances, as determined in our sole discretion.

12. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, helpful bits GmbH disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or completeness of the Services or content
• Warranties that the Services will be uninterrupted, timely, secure, or error-free
• Warranties regarding the results obtained from use of the Services
• Warranties that defects will be corrected or that the Services are free from viruses or harmful components

You acknowledge that:

• Your use of the Services is at your sole risk
• You are solely responsible for any damage to your device or loss of data resulting from use of the Services
• No advice or information obtained from us or through the Services creates any warranty not expressly stated in these Terms
• AI-generated content may contain errors, inaccuracies, or inappropriate material
• Third-party AI providers may experience outages, failures, or changes in availability

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You may have other rights that vary by jurisdiction.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HELPFUL BITS GMBH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to access or use the Services
• Any conduct or content of any third party on or through the Services
• Any content obtained from the Services, including AI-generated content
• Unauthorized access, use, or alteration of your transmissions or content
• Errors, mistakes, or inaccuracies in content or AI outputs
• Personal injury or property damage resulting from your use of the Services
• Any interruption or cessation of transmission to or from the Services
• Any bugs, viruses, or harmful code transmitted through the Services by third parties
• Any errors or omissions in content or AI outputs, or any loss or damage incurred from use thereof

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100 USD), WHICHEVER IS GREATER.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless helpful bits GmbH, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation
• Your violation of any rights of another person or entity, including intellectual property rights
• Your User Content, including any claims that your User Content infringes third-party rights
• Your use or misuse of the Services
• Your breach of any representation or warranty contained in these Terms
• Any claim that your use of the Services caused damage to a third party

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses. You agree not to settle any such claim without our prior written consent.

This indemnification obligation will survive termination of these Terms and your use of the Services.

15. Export Controls and Sanctions

Our Services are subject to U.S. export control and economic sanctions laws and regulations. You represent and warrant that:

• You are not located in, ordinarily resident in, or organized under the laws of any country subject to U.S. embargo or sanctions
• You are not identified on any U.S. government list of prohibited or restricted parties, including the Treasury Department's Specially Designated Nationals List
• You will not use the Services in violation of any U.S. export control or sanctions laws
• You will not access or use the Services if you are a prohibited party under applicable law

You agree not to export, re-export, or transfer the Services or any technical data derived from the Services to any prohibited country, individual, or entity without proper authorization, if required.

16. Termination

16.1 Termination by You

You may terminate these Terms at any time by:

• Canceling your subscription through your Apple App Store account settings
• Using the in-app account deletion control
• Contacting us at Email to request account deletion

Upon termination by you, your subscription will remain active until the end of your current billing period, and you will not receive a refund for any unused portion.

16.2 Termination by Us

We may suspend or terminate your account and access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Engaging in fraudulent activity or misuse of the Services
• Failure to pay applicable fees
• At our discretion if we believe termination is necessary to protect our rights or the rights of others
• If required by law or legal process
• Upon discontinuation of the Services

16.3 Effect of Termination

Upon termination of your account:

• Your right to access and use the Services will immediately cease
• We may delete your User Content, account data, and other information associated with your account
• You will remain liable for all amounts due up to and including the date of termination
• You must cease all use of the Services and uninstall the application
• Any provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability

16.4 Data Retention

Following termination, we may retain certain information as required by law, for legitimate business purposes, or to enforce our rights. We are not obligated to retain any User Content after termination, and we may delete such content at any time without notice.

17. Dispute Resolution, Arbitration, and Class Action Waiver

17.1 Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and helpful bits GmbH agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") will be resolved through binding individual arbitration rather than in court, except that:

• You or we may seek injunctive or other equitable relief in court to prevent actual or threatened infringement of intellectual property rights
• Either party may bring an action in small claims court for Disputes within its jurisdiction
• You or we may seek enforcement of an arbitration award in any court of competent jurisdiction

17.2 Arbitration Rules and Forum

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

The arbitration will be conducted by a single arbitrator. The arbitrator is bound by these Terms and must follow applicable law. The arbitrator has exclusive authority to resolve all disputes, including the interpretation and enforceability of this arbitration provision, except that:

• All challenges to the Class Action Waiver (Section 17.4) may be determined only by a court
• Any issue concerning the validity of the Class Action Waiver may not be severed from other disputes and must be resolved by the arbitrator

17.3 Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitration will take place within the United States. For Disputes involving less than $10,000, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless you request a hearing or the arbitrator determines a hearing is necessary. For Disputes involving $10,000 or more, the right to a hearing will be determined by the AAA Rules.

The arbitrator's decision will be final and binding, except for any right of appeal provided by the Federal Arbitration Act. The arbitrator may award any relief that would be available in court under law or in equity. The arbitrator's award is final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

17.4 Class Action Waiver

YOU AND HELPFUL BITS GMBH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or consolidated proceeding. If this Class Action Waiver is found to be unenforceable with respect to any Dispute, then the entirety of this arbitration provision (except for the Informal Resolution provision below) shall be null and void with respect to that Dispute.

17.5 Informal Resolution

Before initiating arbitration, you agree to first contact us at Email and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you through email. If a dispute is not resolved within sixty (60) days of submission, you or we may bring a formal proceeding.

17.6 Arbitration Costs

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in this agreement to arbitrate. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

17.7 Opt-Out Right

You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to Email within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other terms of these Terms will continue to apply, but neither you nor we can require the other to participate in an arbitration proceeding.

17.8 Changes to Arbitration Provision

Notwithstanding any provision in these Terms to the contrary, if we make any future changes to this arbitration provision (other than a change to the notice address), you may reject the change by sending us written notice within thirty (30) days of the change, in which case this arbitration provision, as in effect immediately prior to the changes, shall continue to govern any disputes between you and us.

18. Governing Law and Venue

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

To the extent that any lawsuit or court proceeding is permitted under these Terms, you and helpful bits GmbH agree to submit to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware for the purpose of litigating all such disputes.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

19. Miscellaneous Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and helpful bits GmbH regarding the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Services.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid, illegal, or unenforceable provision will be deemed modified to the extent necessary to make it valid, legal, and enforceable while preserving its intent, or if such modification is not possible, will be severed from these Terms.

19.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of helpful bits GmbH.

19.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. Any attempted assignment by you in violation of this provision is void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

19.5 No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any third party.

19.6 Force Majeure

We will not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

19.7 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and helpful bits GmbH. You have no authority to bind us or make commitments on our behalf.

19.8 Notices

We may provide notices to you through email to the address associated with your account, through posting on our website or within the application, or through other reasonable means. You are responsible for maintaining current contact information. Notices sent to you by email will be deemed given and received on the date transmitted.

You may provide notices to us at:

19.9 Headings

The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.

19.10 Language

These Terms are drafted in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.

19.11 Electronic Communications

By using our Services, you consent to receive communications from us electronically, including by email or by posting notices on our website or within the application. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19.12 California Residents

If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address listed in the Contact Information section with your email address and a request for these Terms. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

The Services are provided by helpful bits GmbH. If you have a question or complaint regarding the Services, please contact us at Email. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

20. Contact Information

If you have any questions, concerns, or complaints about these Terms or our Services, please contact us at:

We will make reasonable efforts to respond to your inquiry within a reasonable timeframe.