Terms of Use

Version: 18 October 2026

These terms govern your use of the app "Qualmfrei" (the "App") provided by Geitau 21 GmbH & Co. KG ("we" or "the provider"). Please read them once.

1. What this app is — and what it is not

The App is an information and motivation app for people who have decided for themselves to stop smoking. It provides general health information that is identical for all users, and it records the entries you make yourself. If you wish, it reminds you once a day of your check-in and your programme article; your device schedules these reminders locally, and you can switch them off at any time.

The App is not a medical device. It makes no diagnosis, does not medically evaluate your entries, calculates no personal risk, gives no advice tailored to you, and does not treat or alleviate any illness. It does not replace medical or psychotherapeutic advice, examination or treatment.

If you have health complaints, questions about medication, or if you are struggling mentally, please contact your doctor. With a strong dependence, medical or therapeutic support can be helpful.

This section describes the purpose of the App. It contains no limitation of liability; our liability in damages is governed by section 6, and your statutory rights in the event of defects remain unaffected.

2. Right of use

You receive a simple, non-transferable right to use the App on the devices of your Apple ID for private purposes; beyond that, the scope follows the App Store's terms.

The content of the App — in particular the article texts — is protected by copyright. Your statutory permissions remain unaffected, in particular reproduction for private use under § 53 of the German Copyright Act and the right of quotation under § 51. Anything beyond that — publication, passing the texts on to third parties, or commercial exploitation — requires our consent.

3. Free use and the voluntary supporter subscription

The App is free. All content and features — the complete article library, the 40-day programme, the habit tracker, the daily goals, the recovery overview, the badges and the reminders — are available to you without any purchase or subscription.

The 40-day programme. The programme runs for 40 days from your start and suggests one article to you each day — in the order in which the questions come up when quitting. All articles are freely readable at any time. Anyone who reads all 40 programme articles and checks in on at least 30 of those 40 days — smoke-free or slip — receives the badge "Programme completed".

In detail: the programme begins on the day you complete the app's setup — anyone who used an earlier version starts on the day a version with the programme is first opened. Days count as calendar days in your device's time zone. A check-in is the entry "Smoke-free today" or "I had a slip" for a day; both count equally. Only the 40 programme days count for check-ins. Programme articles you read after the 40 days have passed count just the same. The badge is a recognition on your device; it unlocks nothing and gives rise to no claims.

The supporter subscription. If you would like to help fund the App's continued development, you can voluntarily take out the subscription "Support Qualmfrei". There are six ranks with a yearly term — Bronze, Silver, Gold, Platinum, Diamond and Crown — which differ in price, badge and app icon. No rank unlocks any content; the App remains fully usable without a subscription. As a thank-you, for as long as the subscription runs you get: no more requests for support in the App, the badge of your rank, the app icon of your rank and of the ranks below it, and three additional app icons. When the subscription ends, these benefits end too, and the App shows the standard icon again. The App Store shows you the term and price before you subscribe.

Payment is charged to your Apple ID when you confirm the subscription. The subscription renews automatically for one year unless you cancel it at least 24 hours before the end of the current period; the renewal is charged within the last 24 hours before the period ends. If you switch to a higher rank, it applies immediately and Apple refunds the unused part of the current period on a pro-rata basis; a lower rank applies from the next renewal. You can manage and cancel the subscription at any time in your Apple ID settings — from within the App under "Settings → Manage subscription". Cancellation takes effect at the end of the current period; the benefits remain until then.

Earlier purchases and subscriptions. Anyone who bought the former "full version" in one of the three price tiers up to version 1.1 is a supporter permanently — without any further payment, with all benefits except the rank icons. A monthly or yearly subscription taken out in version 1.2 continues on its terms with the same benefits; you can switch it to a rank at any time.

Your contractual partner for the subscription and for earlier purchases is Apple, not us. Subscribing, payment, renewal, cancellation and refunds run through the App Store, and Apple is responsible for them. Your right of withdrawal for digital content and services follows the statutory rules and Apple's terms; please contact Apple via reportaproblem.apple.com for that. We receive no payment data from you.

Your statutory rights against us as the provider of the App remain unaffected.

4. Your data

The App works entirely offline. Your entries stay on your device; we neither collect nor process them. Details are in the privacy policy.

5. Updates

We provide the updates necessary to keep the App in conformity with the contract — in particular adaptations to new iOS versions, security updates and corrections to the content. This covers the entire App, whether or not you have a subscription.

We do so for the period you may expect for a product of this kind, and in any case for at least 24 months from downloading the App or from a purchase, whichever is later. You will be informed about updates in the usual way through the App Store. Your rights under §§ 327f and 327s of the German Civil Code remain unaffected and are not shortened by this section.

6. Liability

6.1 We are liable to you without limitation

• for damage arising from injury to life, body or health resulting from a breach of duty by us, our legal representatives or our agents — regardless of the degree of fault;
• for other damage based on intent or gross negligence by us, our legal representatives or our agents;
• to the extent we have given a guarantee; and
• within the scope of mandatory statutory liability, in particular under the German Product Liability Act.

6.2 In cases of ordinary negligence we are liable only for the breach of a material contractual obligation. Material contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In such cases our liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.

6.3 Any further liability in damages is excluded. Your statutory rights in the event of defects in the content — in particular to subsequent performance, price reduction and termination of the contract under §§ 327i et seq. of the German Civil Code — remain unaffected.

6.4 Sections 6.1 to 6.3 also apply to the personal liability of our legal representatives, employees and agents.

6.5 The above provisions do not entail any change in the burden of proof to your disadvantage.

7. Editorial care

We produce the articles with care and base every health-related statement on recognised sources, which are cited in the respective article. Medical knowledge advances; the content reflects the state of knowledge at the time of writing. Risk figures are averages from studies and are not a prediction for your individual case.

8. Applicable law

German law applies. If you are a consumer with your habitual residence in another country, you nevertheless enjoy the protection of all provisions that cannot be derogated from by agreement under the law of that country (Art. 6(2) of the Rome I Regulation). This choice of law therefore never leaves you worse off than you would be without it.

9. Consumer dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

10. Version of these terms

For a purchase already made or a running subscription, the version in force when it was concluded applies; changes in your favour — such as all content now being free — apply to you as well. We ship an amended version with an app update; it applies to use from that update onwards and to subscriptions taken out thereafter. The first time you open the App after a substantive change, we present the new text to you again.

These terms provide for no acceptance by silence.

Provider

Geitau 21 GmbH & Co. KG, Geitau 21, 83735 Bayrischzell, Germany. Full details are in the legal notice.