Terms of Use

Version: 1 September 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.

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 one-time purchase

The App is free. The habit tracker, the daily goals, the recovery overview and a portion of the articles are permanently available without any purchase. The complete article library can be unlocked with a single purchase.

Your contractual partner for that purchase is Apple, not us. The purchase is concluded through the App Store, so payment, invoicing and refunds are Apple's responsibility. Your right of withdrawal for digital content 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 content 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 including the tracker and the daily goals, not only the articles you purchased.

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 the date of purchase. 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, the version in force at the time of purchase applies. We ship an amended version with an app update; it applies to use from that update onwards and to purchases made 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.