Terms of Use

These Terms of Use govern your use of the Preppy app, its optional Backup & Sync and the Preppy website. They form a binding agreement between you and Preppy. Please read them carefully: they explain what Preppy is and what it deliberately is not, what we owe you, what we expect from you, and how liability is allocated.

1. The Short Version

Before the detail, the essentials:

• Preppy is not a medical device and does not replace a doctor. Nothing in it is medical advice, including symptom hints, the vaccination record and the lessons in Learn, and it does not protect you against HIV or any other infection. See Section 5.
• Reminders are a convenience scheduled by your device, not a guarantee. Never rely on Preppy as your only way of remembering medication. See Section 5.6.
• In an emergency, or if you may have been exposed to HIV, contact a doctor or emergency service immediately. PEP is time-critical. See Section 5.5.
• Preppy is free. No purchases, no subscriptions, no ads, and your data is not the price. Backup & Sync is free too. See Section 8.
• You need no account. What you enter is stored on your device, and Preppy works offline. See Section 6.2.
• Without Backup & Sync, your data exists only on your device and in your device backups. If you lose the device or delete the app, it can be lost, and we cannot restore it. See Section 6.3.
• Backup & Sync is optional. It needs an account with Apple or email and your explicit consent, and you can end it at any time. See Section 6.4.
• What you enter stays yours. We claim no ownership and take only the licence we need to provide the Service to you. See Section 9.
• No other user can ever see your data. Preppy is a private journal with no social features. See Section 4.5.
• If you record other people, you are responsible for them. Never upload someone's photo or record their HIV status without their agreement, and never use partner records to out, stalk, expose or blackmail anyone. See Section 10.
• You can leave at any time, without notice and without giving reasons: end Backup & Sync, delete your account and cloud data, or delete all data in the app. See Section 7.3.
• We do not use your content to train AI models.
• Your statutory rights as a consumer are not restricted by these Terms, and our liability is unlimited wherever the law requires it. See Sections 16 and 17.
• You must be at least 16 years old to use Preppy. See Section 6.1.

2. Provider and Scope

2.1 Provider

Kevin Waltz, Wiltbergstraße 50, 13125 Berlin, Germany

Email: hello@preppy.health

Further mandatory information is available in our Legal Notice.

2.2 Scope

These Terms apply to all use of:

• the Preppy app on iPhone, iPad and Mac, including its widgets, Live Activities, Control Center controls, Shortcuts and Siri actions,
• Backup & Sync, the optional backup of your data and its sync between your devices,
• the lessons in Learn,
• the Preppy website at www.preppy.health,
• any pre-release version made available through TestFlight.

2.3 Conflicting Terms

Your own differing or conflicting terms do not become part of this agreement unless we have expressly agreed to them in text form.

2.4 App Store Terms

Preppy is obtained through the Apple App Store, so Apple's terms apply in addition to these Terms in your relationship with Apple. Where the two conflict, Apple's terms prevail as between you and Apple. Section 21 sets out the specific provisions Apple requires.

2.5 Language

These Terms are published in English and German. The German version is a translation. Where the two differ, the English version governs unless mandatory law in your country provides otherwise.

3. Definitions

• We, us, our: Kevin Waltz, as provider.
• You, User: any natural person who uses Preppy.
• Consumer: a natural person entering into this agreement for purposes predominantly outside their trade, business or profession (§ 13 BGB).
• Service: the Preppy app, Backup & Sync, the lessons in Learn, the website, and all associated features.
• Your Content: everything you enter or upload: health entries, intakes, encounters, symptoms, wellbeing check-ins, vaccinations, partner records, places, notes, images and feedback.
• Partner Record: an entry you create about another person.
• Backup & Sync: the optional feature that stores your data in the cloud and keeps it in sync between your devices.
• Account: your Backup & Sync account, created with Sign in with Apple or with an email address and a password. Using Preppy without Backup & Sync needs no account.

4. What Preppy Does

4.1 Purpose

Preppy is a personal tracking and organization tool for sexual health. Depending on which features you use, it lets you:

• record and track PrEP, ART and DoxyPEP intake, and set reminders,
• record your HIV status and see it reflected in the app,
• log sexual encounters and solo activity, with as much or as little detail as you choose,
• keep records of partners,
• record check-ups and test results, and be reminded of them,
• record symptoms and see when a test can make sense,
• note how you feel with wellbeing check-ins,
• keep a vaccination record for yourself and note, as far as you know it, the vaccination status of partners,
• learn about PrEP, testing, HIV and STIs with short lessons in Learn,
• attach places to entries and see them on a map,
• view calendars, streaks, protection windows and statistics derived from your own entries,
• see what is due and log entries from widgets, Live Activities, Control Center, Shortcuts and Siri,
• lock the app with Face ID, Touch ID or your device passcode,
• optionally write encounters, symptoms and wellbeing to Apple Health, show your State of Mind from Apple Health, and add check-ups to your device calendar,
• optionally back up your data and sync it between your iPhone, iPad and Mac with Backup & Sync.

4.2 Free of Charge

Preppy is free, and so is Backup & Sync. There are no in-app purchases, no subscriptions and no paid tiers. You owe us no payment of any kind, and we never ask for payment details.

4.3 No Entitlement to Specific Features

The Service is developed continuously. We may add, change, restructure or remove features where this is reasonable for you and does not materially impair the agreed scope of the Service. There is no entitlement to the permanent availability of any individual feature. For consumers, § 327r BGB on changes to digital products with continuous supply remains unaffected.

4.4 Technical Requirements

You need a compatible Apple device and a supported operating system version. Preppy works without an internet connection. You need one for Backup & Sync, for the one-time import from Preppy 2, to load new lessons, for maps and place search, and to send feedback. Any costs of your device and connection are yours. Supported versions are shown on the App Store listing.

4.5 No Connection Between Users

Preppy is a private journal. There is no social layer, no discovery, no matching, no messaging and no public profile. Preppy never connects you to other Preppy users, and no other user can see your data. Backup & Sync only connects your own devices.

4.6 Apple Health, Calendar and Maps

With your permission, Preppy writes to Apple Health and adds check-ups to your device calendar, and it uses Apple Maps for maps and place search. These are third-party services under their own terms: Apple Health and Apple Maps are provided by Apple, and your calendar by Apple or by the provider of the calendar account you choose. What Preppy has written to Apple Health or your calendar is managed there, and it stays there when you delete data in Preppy.

5. Important Medical Notice

This section is central to understanding what Preppy is, and what it is not. Please read it carefully. It describes the agreed scope of what we provide, and it does not limit your statutory rights.

5.1 Preppy Is Not a Medical Device

Preppy is not a medical device, in-vitro diagnostic device, medical product or healthcare service within the meaning of Regulation (EU) 2017/745 (MDR), the German Medical Devices Implementation Act (MPDG), the UK Medical Devices Regulations 2002, the US Federal Food, Drug, and Cosmetic Act, or comparable legislation in other countries.

Preppy is not intended by its manufacturer for any medical purpose within the meaning of Art. 2(1) MDR. It is not intended for the diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of any disease, injury or disability. It has not been tested, certified or approved for any medical or clinical purpose, and nothing it displays is clinically validated.

5.2 No Medical Advice, Diagnosis or Treatment Recommendation

Nothing in Preppy constitutes medical advice, a diagnosis, a prescription or a treatment recommendation, and using Preppy does not create a doctor-patient relationship or any other professional healthcare relationship. This includes, without limitation:

• intake reminders and adherence streaks for PrEP, ART or DoxyPEP,
• the calculation and display of protection windows, intake schemes and DoxyPEP time windows,
• warnings about PrEP or DoxyPEP protection after an encounter, and the effect of marking a partner as trustworthy,
• check-up reminders and test result overviews,
• symptom hints about when a test can make sense or when to see a doctor,
• the vaccination record and any status it shows,
• wellbeing check-ins and their history,
• the lessons in Learn, including lessons suggested next to symptoms, tests and vaccinations,
• statistics, calendars, charts and summaries of any kind.

Apart from the lessons, these are conveniences for organizing information you have entered yourself. They are calculated from your own inputs and are only as accurate as those inputs. They are not a clinical assessment, and the lessons are general information, not advice for your situation (Section 5.10). Nothing displayed in Preppy should be understood as a reason to start, stop, change or delay any treatment, medication or therapy.

5.3 Preppy Does Not Protect You

Preppy does not protect against HIV, other sexually transmitted infections, or pregnancy. Only correct use of PrEP, condoms, treatment and regular testing does. Logging a pill in the app does not mean you have taken it, and marking an encounter as protected does not make it so.

5.4 Always Consult a Healthcare Professional

Always consult a qualified doctor, clinic, sexual health service or pharmacist regarding starting, changing, pausing or stopping PrEP, ART or DoxyPEP, regarding your HIV or STI status, regarding test results, symptoms, vaccinations, side effects, kidney or liver values, and regarding any other health concern. Never delay seeking professional advice, and never disregard advice you have received, because of something displayed in Preppy.

5.5 Emergencies and PEP

Preppy is not suitable for emergencies and does not monitor you. Nobody reviews your entries and no alert reaches us. In a medical emergency, contact emergency services immediately (112 in the European Union, 911 in the United States, 999 in the United Kingdom, or your local emergency number).

If you think you may have been exposed to HIV, post-exposure prophylaxis (PEP) is time-critical and must be started as soon as possible, ideally within a few hours and no later than 72 hours after exposure. Go directly to an emergency department, HIV clinic or sexual health service. Do not use Preppy to decide whether you need PEP.

5.6 Reminders Are Not Guaranteed

Reminders are scheduled as local notifications by your device. Whether and when they appear depends on your operating system, your notification settings, battery and focus modes, and factors outside our control. Do not rely on Preppy as your only means of remembering to take medication.

5.7 Symptoms and Test Hints

When you record symptoms, Preppy can show a hint that a test can make sense, or that strong symptoms should be checked by a doctor soon. These hints are general information based on the symptoms you selected. They are not a diagnosis. Symptoms can have many causes, and many infections cause no symptoms at all, so a missing hint never means that you don't need a test. If you are unsure, or your symptoms are strong or getting worse, please see a doctor.

5.8 Vaccination Record

The vaccination record is your personal note of the vaccinations you enter. It is not an official vaccination certificate, it is not proof of vaccination, and it does not replace your official vaccination document, such as the German Impfpass. Where it shows whether a series is complete, this is counted from the doses you entered. It does not tell you whether you are protected or which vaccinations or boosters you need: your doctor can advise you on that. What you note about the vaccinations of partners is only as reliable as what you know.

5.9 Wellbeing

Wellbeing check-ins help you keep track of how you feel. Preppy is not a mental health service: it does not assess your mental health, nobody reviews your check-ins, and it offers no crisis support. If you are in crisis or thinking about harming yourself, please reach out right away: call the emergency number (Section 5.5) or a crisis line. In Germany, the TelefonSeelsorge is there for you day and night, free of charge, at 0800 111 0 111 or 0800 111 0 222 (telefonseelsorge.de).

5.10 Lessons in Learn

The lessons in Learn are general education about sexual health. They are made with care, but they are not medical advice, they are not tailored to you, and we cannot guarantee that they are complete or up to date at all times: medical knowledge and recommendations change. Lessons suggested next to symptoms, tests and vaccinations are picked on your device by topic. They are reading suggestions, not an assessment of your situation. The lesson content is provided by Ampullarium UG (haftungsbeschränkt). Section 13.1 explains the rights in it.

5.11 Your Responsibility for Your Own Entries

Everything Preppy shows you about yourself is derived from what you entered. Incorrect, incomplete or outdated entries produce incorrect, incomplete or outdated output. You are responsible for the accuracy of your entries.

5.12 Use at Your Own Risk

Use of Preppy for health-related purposes is at your own risk. Section 17 governs liability, including the cases in which our liability is unlimited.

6. Eligibility, Local Storage and Backup & Sync

6.1 Minimum Age

You must be at least 16 years old to use Preppy. You must also meet the age requirement of your App Store account and the age rating shown for the app. If you are a minor under the law applicable to you, you may need the consent of your legal guardian.

6.2 No Account Needed

Preppy works without an account. Everything you enter is stored in a database on your device, and the app works fully offline. To use Preppy, you don't give us a name, an email address or any other contact detail.

6.3 Without Backup & Sync, Your Data Is Only on Your Device

Unless you use Backup & Sync, your entries and photos exist only on your device, and in backups of your device that you make yourself, for example in iCloud or on a computer. None of your entries reach us, so we have no copy from which we could restore them.

This means that if you lose or reset your device, your device fails, or you delete the app, your data can be lost for good. Each device also keeps its own data: without Backup & Sync, your iPhone and your Mac don't share entries.

If your entries matter to you, use Backup & Sync or back up your device regularly, or accept this risk knowingly. Keeping your data on your device by default is a deliberate choice in favour of privacy, not a defect.

6.4 Backup & Sync

Backup & Sync is an optional, free extra. It is off until you turn it on, during setup or later in Settings. It stores your data in the cloud, on servers in the EU, and keeps it in sync between your iPhone, iPad and Mac.

• For Backup & Sync you create an Account, with Sign in with Apple or with an email address and a password.
• Before anything is uploaded, we ask for your explicit consent to store your data, including health data, for Backup & Sync.
• Profile and partner photos are only backed up if you also turn on Back Up Photos.
• You can sign out, or delete your Account and all cloud data, at any time (Section 7.3).

Because Backup & Sync keeps your devices in sync, a change or deletion on one device is also made on your other devices and in the cloud. Backup & Sync is not a version history from which you can restore earlier entries.

How your data is stored and protected in Backup & Sync is described in the Privacy Policy.

6.5 Moving From Preppy 2

If you used Preppy 2, Preppy imports your data and photos once from our previous cloud service, Google Firebase, the first time you open the new version, and from then on keeps them on your device. We built this import with care, but it is a one-time transfer on a best-effort basis, and we cannot promise that every entry arrives complete in every case. Please check your data after the update, and tell us at hello@preppy.health if something is missing.

Anonymous accounts no longer exist, and Backup & Sync uses a new Account, separate from your Preppy 2 sign-in. The copy of your Preppy 2 data at Google Firebase is not a backup: Preppy does not read it again after the import, and it will be deleted when we delete the Preppy 2 data at Firebase, on 31 December 2027 at the latest. The Privacy Policy explains what happens to it until then and how you can have it deleted earlier.

6.6 Your Obligations

Provide accurate information where information is requested, such as an email address at which you can receive mail. Keep your device, your Apple Account and your Backup & Sync password secure, and do not share your Account. One person, one Account. Do not create Accounts by automated means. Tell us promptly at hello@preppy.health if you believe your Account has been accessed without your authorisation.

Keep access to your sign-in method. If you can no longer sign in with Apple or receive email at your address, we may be unable to confirm that the Account is yours.

6.7 No Entitlement to an Account

There is no entitlement to the creation or continuation of an Account. Preppy itself works without one.

7. Formation and Duration of the Agreement

7.1 Formation

The agreement comes into effect when you begin using the Service. No account is needed for this.

7.2 Duration

The agreement runs for an indefinite period.

7.3 Termination by You

You may terminate at any time, without notice and without giving reasons. You can do this in several ways, alone or together:

• Sign Out in Settings › Backup & Sync ends Backup & Sync on that device. Your data stays in the cloud, and you choose whether to keep or remove the data on the device.
• Delete Account & Cloud Data in Settings › Backup & Sync deletes your Account and all cloud data, for all your devices. The data on your device stays.
• Delete All Data in Settings deletes everything Preppy has stored on your device. If you use Backup & Sync, it first deletes your Account and all cloud data. If that does not go through, for example because you are offline, nothing is deleted, and you can try again.
• You can simply stop using Preppy and delete the app. This removes the data on that device, but not your Account: if you use Backup & Sync, delete your Account first or write to us.
• You can also write to hello@preppy.health.

What Preppy has written to Apple Health or your calendar stays there (Section 4.6). The copy of Preppy 2 data at Google Firebase is not affected by any of these steps; see Section 6.5 and the Privacy Policy.

7.4 Termination by Us

We may terminate the agreement with reasonable notice of at least six weeks. The right of either party to terminate for good cause without notice is unaffected. Section 19 governs termination and suspension for breach.

7.5 Effect of Termination

On termination, your right to use the Service ends, including Backup & Sync. The data on your devices is not affected. Before we delete cloud data in connection with a termination initiated by us, we will give you a reasonable opportunity to secure your entries. Your rights under data protection law, in particular data portability, are unaffected. See the Privacy Policy for what happens to your data.

7.6 Discontinuing the Service

We may discontinue the Service in whole or in part, for example Backup & Sync or the lessons in Learn. We will announce a discontinuation with reasonable notice, at least four weeks in advance where circumstances allow, and give you an opportunity to secure your data first.

The data on your device stays there. The app does not need our servers to show your entries, and ending Backup & Sync does not delete what is on your device. We cannot promise, however, that an app that is no longer updated keeps working with future versions of the operating system.

8. No Payment; Your Data

8.1 No Payment

The Service, including Backup & Sync, is provided free of charge. We do not sell the Service, we do not sell your data, and we do not display advertising.

8.2 Data Is Not the Price

We want to be explicit, because "free app" often means the opposite: your personal data is not consideration for the Service. We do not monetise it and we do not pass it to advertisers or data brokers. Your entries stay on your device and reach us only if you use Backup & Sync, so that we can provide it to you. To understand how the app is used and to improve it, Preppy also sends anonymous daily usage counts, without any identifier and never with the content of your entries, unless you turn them off. The Privacy Policy explains the details.

8.3 Right of Withdrawal

Because no payment is owed and you can terminate at any time with immediate effect under Section 7.3, no statutory right of withdrawal arises in practice. Where a right of withdrawal does apply to you under mandatory law, it is unaffected, and terminating under Section 7.3 achieves the same result.

9. Your Content

9.1 Ownership

Your Content remains yours. We claim no ownership of it.

9.2 Licence

You grant us a non-exclusive, royalty-free licence, limited to the purpose and duration of this agreement, to store, reproduce, technically process, transmit and display Your Content to the extent necessary to provide the Service to you. In practice this concerns Backup & Sync, where we store your data in the cloud, sync it between your devices and keep server backups, and the feedback you send us. Without Backup & Sync, your entries stay on your device and we receive none of them. The licence permits nothing else.

Any use beyond that purpose, in particular using Your Content for publicly available offerings or to train AI models, requires your separate consent, which we do not currently seek and have no plans to seek.

9.3 Your Responsibility

You are responsible for Your Content: for its lawfulness, for its accuracy, and for having the rights necessary to enter it. Section 10 deals specifically with content about other people.

9.4 No Monitoring

We do not monitor, review or screen Your Content. Your entries stay on your device. With Backup & Sync, they are stored for your Account only, and we do not look at them. We access individual records only in the narrow circumstances described in the Privacy Policy, such as support you ask for, security, or a legal obligation.

9.5 Absolute Prohibition

Creating, uploading or storing content depicting or promoting the sexual abuse or sexual exploitation of children is absolutely prohibited. Where we become aware of such content, it will be removed from Backup & Sync, the Account will be blocked, and the matter will be reported to the competent authorities.

9.6 Reporting

If you believe content stored in Preppy is unlawful, contact hello@preppy.health with a description of the content and the reason. We review reports promptly and act with care and without arbitrariness.

9.7 Back Up What Matters

We take reasonable measures to keep data in Backup & Sync safe, but you should keep your own copy of anything you cannot afford to lose, for example with regular backups of your device. Without Backup & Sync, your device and its backups are the only copy (Section 6.3). If you use Backup & Sync, you can request an export of your cloud data at hello@preppy.health.

10. Data About Other People

This section matters more in Preppy than in most apps, because the app lets you record detailed information about people who are not users and who have not agreed to anything.

10.1 What You May Be Recording

A partner record can contain a name, age, photographs, pronouns, gender and trans status, ethnicity, anatomical details, sexual role, kinks, contact details, social media handles, that person's HIV status and, as far as you know it, their vaccination status. Much of this is special category data about them: health data, data concerning sex life, data revealing gender identity or sexual orientation, and data revealing racial or ethnic origin.

With Backup & Sync, partner records are also stored in the cloud for your Account, and partner photos too if you turn on Back Up Photos.

10.2 Your Undertakings

By creating a partner record you undertake that:

• you are entitled to record the information, and your use of it is genuinely personal,
• you will record only what you actually need, and will use the anonymous option, which stores a partner without a personal name, wherever a name is not necessary,
• you will not upload photographs of another person without their agreement, and will never upload intimate images without their explicit and current agreement,
• you will not record data about children,
• you will not use partner records to harass, stalk, blackmail, threaten, expose or discriminate against anyone, or to disclose anyone's HIV status or sexual orientation without their consent,
• you will not use partner records for any professional, commercial, journalistic or investigative purpose.

10.3 Why These Are Not Formalities

Disclosing a person's HIV status without their consent is unlawful in a number of jurisdictions. Sharing intimate images without consent is a criminal offence in many countries. Outing someone's sexual orientation or gender identity can expose them to discrimination, violence or prosecution depending on where they are. These undertakings exist because the harm is real, not because the clause looks good.

10.4 Your Own Legal Position

If you use Preppy purely for personal purposes, your handling of partner data is generally covered by the household exemption in Art. 2(2)(c) GDPR. That exemption is narrow and does not apply if you use the data professionally or commercially, publish it, or share it outside a purely personal context. Outside the exemption you are the controller for that data and responsible for complying with data protection law.

10.5 Requests From Third Parties

If a person contacts us believing their data is held in Preppy by a user, we will handle the request under applicable law. Partner records are kept on the user's device and reach us only if that user uses Backup & Sync. We keep no directory of the people in them, so in most cases we have no reliable means of locating a particular individual's data. Requests go to hello@preppy.health.

10.6 Consequences

A breach of this Section is a material breach of these Terms and may lead to suspension or termination under Section 19, and to a report to the competent authorities where the law requires it.

11. Acceptable Use

11.1 Intended Use

Use the Service as intended, within these Terms and applicable law.

11.2 Prohibited Conduct

The following are prohibited:

• unlawful acts, and inciting or assisting others to commit them,
• infringing the rights of others, in particular intellectual property rights and personality rights,
• harassing, discriminating against, intimidating, stalking or threatening any person,
• circumventing, disabling or interfering with security, access or protection mechanisms,
• reverse engineering, decompiling or disassembling the app, except to the extent permitted by mandatory law,
• using bots, scrapers, crawlers or comparable automated methods without our consent,
• actions liable to impair the availability or integrity of the Service, including excessive request loads and introducing malware,
• gaining or attempting to gain unauthorised access to systems, data or other users' accounts,
• sharing account credentials,
• submitting deliberately false or misleading information in feedback or reports,
• spam, phishing or abusive scraping.

11.3 Export Control and Sanctions

You confirm that your use of the Service does not violate applicable export control, embargo or sanctions law of the European Union, Germany or, where applicable, the United States, and that you are not named on a relevant sanctions list.

12. Availability, Maintenance and Updates

12.1 Availability

Preppy works on your device without our servers. Backup & Sync, loading lessons and sending feedback depend on servers. We aim for high availability but do not guarantee any particular uptime. The Service is provided free of charge and without a service level agreement.

12.2 Maintenance and Interruptions

We may interrupt the Service for maintenance, security measures, updates or further development. Where interruptions are foreseeable we will give reasonable advance notice where possible. Interruptions caused by circumstances outside our control, such as force majeure, failures of network or infrastructure providers, power outages or official orders, do not constitute a breach of duty.

12.3 Updates

For consumers, we meet our statutory obligation under § 327f BGB to provide the updates necessary to maintain conformity of the digital product, including security updates, and we will inform you about available updates. If you do not install an update we have provided and informed you about, we are not liable for defects arising solely from that omission.

12.4 Third-Party Dependencies

Preppy depends on services operated by others, in particular Apple (the operating system, the App Store, Sign in with Apple, Apple Maps and Apple Health), Supabase (Backup & Sync and feedback), our email service for sign-in codes, and the content service that provides the lessons in Learn. The one-time import from Preppy 2 also depends on Google Firebase. Outages, changes or discontinuations on their side may affect the Service. Where this is outside our control it does not constitute a breach of duty by us.

13. Intellectual Property

13.1 Ownership

All rights in the Service and its contents, in particular copyright, trade mark, database, patent and design rights, and the name and logo "Preppy", belong to us or our licensors.

The lessons in Learn, with their texts, images and questions, are provided by Ampullarium UG (haftungsbeschränkt), Oberwallstr. 7, 10117 Berlin, Germany. The rights in them remain with Ampullarium or its licensors.

13.2 Licence to You

For the duration of this agreement you receive a simple, non-transferable, non-sublicensable and revocable right to install and use the app on devices you control, and to read the lessons in Learn, for your own personal, non-commercial use.

13.3 Restrictions

Without our prior consent in text form you may not reproduce, distribute, make publicly available, modify, translate or restructure the Service or its contents beyond ordinary contractual use; sell, rent, sublicense or trade them; use them commercially; or remove or alter any copyright, trade mark or other proprietary notice. This applies in particular to the lessons in Learn: you may not copy, redistribute or publish them, in whole or in part. Statutory copyright exceptions remain unaffected.

13.4 Text and Data Mining Reservation

We expressly reserve the use of the contents of the Service, including the lessons in Learn, for text and data mining purposes (§ 44b(3) UrhG, Art. 4(3) of Directive (EU) 2019/790). Using the Service or its contents to train, validate or fine-tune AI models without our prior written consent is prohibited.

14. Feedback

If you send us feedback, suggestions or bug reports, we may use them to improve the Service without obligation or compensation, and without this affecting your rights in Your Content. Feedback is stored so that we can reply to you in the app. It is linked to your Account if you are signed in, and otherwise to a random identifier of your installation. The Privacy Policy has the details.

Please do not include health details, partner names or other sensitive information in feedback unless it is genuinely necessary to describe the problem.

15. Data Protection

How we process personal data is explained in our Privacy Policy, which forms an essential companion to these Terms. In short: what you enter stays on your device. Health data and data concerning sex life are stored in the cloud only if you use Backup & Sync, on the basis of your explicit consent (Art. 9(2)(a) GDPR), which you can withdraw at any time with "Delete Account & Cloud Data" (or "Delete All Data" while Backup & Sync is on). Signing out only stops syncing on that device; the data stays in the cloud until you delete it.

16. Rights in Case of Defects

16.1 Consumers

For consumers, the statutory provisions on contracts for digital products (§§ 327 ff. BGB) and the general statutory rights in case of defects apply. Nothing in these Terms restricts them. In particular, we owe provision of the digital product in the agreed and objectively required quality, and in case of defects you have the statutory rights to supplementary performance, termination and damages.

16.2 No Defect

There is no defect where use is impaired by circumstances we are not responsible for, such as unsuitable devices, missing internet connectivity, updates you have not installed, or your own modifications to the device.

16.3 Agreed Scope

The statements in Section 5 describe the agreed subject matter of the Service. They define what Preppy is, and they do not restrict your statutory rights in case of defects.

17. Liability

17.1 Unlimited Liability

We are liable without limitation:

• for damage arising from injury to life, body or health caused by a negligent or intentional breach of duty by us, our legal representatives or our agents,
• for other damage based on intent or gross negligence,
• for fraudulent concealment of a defect,
• to the extent we have given a guarantee,
• under the German Product Liability Act.

17.2 Slight Negligence

Where we slightly negligently breach a material contractual obligation, meaning an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely, our liability is limited to the foreseeable damage typical for this type of contract.

17.3 Otherwise Excluded

Our liability is otherwise excluded. In particular, in cases of slight negligence we are not liable for loss of data, lost profit or indirect damage.

17.4 Loss of Data

For loss of data we are liable, subject to the above, only up to the amount that would have been required to restore the data had you carried out proper and regular backups. You should back up data that is important to you. That data kept only on your device can be lost with it, as described in Section 6.3, follows from local storage and is not a defect.

17.5 Free of Charge

That the Service is provided free of charge is taken into account when determining the standard of care owed and the scope of liability, to the extent permitted by law.

17.6 Personal Liability

The above limitations also apply to the personal liability of our legal representatives, employees and agents.

17.7 Mandatory Law

Mandatory statutory liability provisions and statutory rights in case of defects are unaffected. None of the above alters the burden of proof to your detriment.

18. Indemnification

If you culpably breach these Terms, statutory provisions or the rights of third parties, you will indemnify us against justified third-party claims arising from that breach and reimburse the necessary costs of legal defence in the statutory amount.

We will inform you promptly of any such claim, give you an opportunity to comment, and will not make any admission or settlement without your agreement. You may raise objections to the claim. The obligation to indemnify does not apply where the claim is unfounded or where we contributed to it.

For consumers, this obligation applies only within the scope of the general statutory rules on damages.

19. Suspension and Termination by Us

19.1 Grounds

We may temporarily suspend an Account, restrict features, or terminate the agreement where there is objective cause, in particular:

• a serious or repeated breach of these Terms,
• infringement of third-party rights or statutory provisions, in particular a breach of Section 10,
• a concrete suspicion of abusive or unauthorised use,
• risks to the security or integrity of the Service.

19.2 Proportionality and Hearing

We will choose the mildest suitable measure. Before a permanent suspension or a termination we will, where legally permissible and reasonable in the circumstances, inform you of the grounds and give you an opportunity to respond. Where there is serious risk or a legal obligation, we may act immediately and inform you afterwards.

19.3 Consequences

On suspension, your access to Backup & Sync is paused. On termination, your right to use the Service ends. The data on your devices is not affected. Statutory claims remain unaffected.

20. Changes to These Terms

We may amend these Terms with effect for the future where this is necessary to reflect changes in law or case law, to comply with official or judicial requirements, to reflect new or changed features of the Service, or to close gaps or make technical adjustments.

Changes that shift the balance of the agreement to your material disadvantage are not covered by this clause and require your express agreement.

21. Apple App Store

The following applies where you obtained Preppy from the Apple App Store, and is required by Apple:

• These Terms are concluded between you and us only, not with Apple. We alone are responsible for Preppy and its content.
• The licence granted to you is a non-transferable licence to use Preppy on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide any maintenance or support for Preppy.
• In the event of any failure of Preppy to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price. Since Preppy is free, no purchase price exists. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to Preppy, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our responsibility.
• We, not Apple, are responsible for addressing any claims relating to Preppy, including product liability claims, claims that Preppy fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
• We, not Apple, are responsible for the investigation, defence, settlement and discharge of any third-party claim that Preppy or your use of it infringes intellectual property rights.
• You confirm that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you as a third-party beneficiary.

Where you participate in a pre-release version through TestFlight, Apple's TestFlight terms apply in addition, and pre-release versions may be incomplete, unstable and subject to data loss.

22. Complaints and Dispute Resolution

Please contact us first at hello@preppy.health. We aim to resolve complaints quickly and amicably.

We are not obliged to participate, and do not currently participate, in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

23. Final Provisions

23.1 Governing Law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods and excluding rules of private international law where these are not mandatory.

If you are a consumer with your habitual residence in another country, the mandatory consumer protection provisions of that country remain unaffected (Art. 6 of Regulation (EC) No 593/2008, Rome I).

23.2 Jurisdiction

For disputes with businesses, legal persons under public law and special funds under public law, the exclusive place of jurisdiction is Berlin, Germany.

For consumers, the statutory places of jurisdiction apply. Nothing in these Terms deprives you of the right to bring proceedings in the courts of your country of residence where mandatory law provides for this.

23.3 Assignment

We may transfer our rights and obligations under this agreement to a third party in connection with a transfer of the business. We will notify you with reasonable notice, and you may terminate the agreement with effect from the transfer. You may transfer your rights and obligations only with our consent in text form.

23.4 No Waiver

If we do not exercise a right under these Terms, or do not exercise it immediately, that is not a waiver of that right.

23.5 Severability

If any provision of these Terms is or becomes invalid or unenforceable, the validity of the remaining provisions is unaffected. The statutory provisions take the place of the invalid provision.

23.6 Notices

Please address notices relating to this agreement to the contact details in Section 2.1. We will contact you at the email address of your Account, where one exists, or in the app. Please keep your contact details current.

Preppy is not a medical device and does not replace contact with a healthcare professional. The app is a companion for personal use and does not protect against HIV infection. Use at your own risk.