Terms of Use

Version: 1 September 2026

These terms govern your use of the app "NichtraucherHeld" (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 is governed exclusively by section 6.

2. Right of use

You receive a simple, non-transferable right to use the App on the devices assigned to you, for private purposes. The content of the App — in particular the article texts — is protected by copyright. You may read it and quote individual excerpts within the limits permitted by law, but you may not systematically reproduce, publish or distribute it.

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 and Apple's terms apply. Please therefore handle refunds, payment questions and any right of withdrawal directly with Apple. We receive no payment data from you.

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

For the content unlocked by purchase we provide the updates necessary to maintain functionality — in particular adaptations to new iOS versions and security updates. We do so for a period of at least 24 months from the date of purchase. You will be informed about updates in the usual way through the App Store. Further statutory rights under § 327f of the German Civil Code remain unaffected.

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 is excluded.

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, the mandatory consumer protection provisions of that country remain unaffected.

9. Consumer dispute resolution

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

10. Changes to these terms

We may amend these terms where this is necessary for legal or technical reasons. We will inform you of material changes the next time you open the App. If you do not object, the amended terms apply; otherwise you can delete the App at any time.

Provider

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