Terms and Conditions

1. Scope and Provider

1.1. These Terms and Conditions (hereinafter "Terms") govern the use of the mobile application "DreamJournal" (hereinafter "App") offered by DigitalZen GmbH, St.-Cajetan-Str. 12, 81669 Munich, Germany (hereinafter "we" or "us").

1.2. These Terms constitute the contract between us and you as the user (hereinafter "User"). We do not recognize any deviating terms of the User unless we expressly agree to their validity in writing.

1.3. The App is intended exclusively for consumers.

2. Subject of the Contract

2.1. The App allows the User to record personal dreams via voice, optionally have them transcribed by an AI service, and manage and search the created entries. The recordings are primarily stored locally on the User's device.

2.2. The use of the basic functions of the App is free of charge.

2.3. We reserve the right to offer additional paid features (hereinafter "Premium Features") in the future. These include, in particular but not exclusively, cross-device synchronization via the cloud and advanced analysis features. The use of these Premium Features is subject to Section 4 of these Terms.

2.4. The App is provided without a guarantee of specific availability. We strive to ensure trouble-free operation but cannot rule out maintenance work, technical disruptions, or other events that may lead to the temporary unavailability of the optional cloud services.

3. User Account and User Obligations

3.1. The basic use of the App does not require the creation of a user account. Future Premium Features may require an account to be created.

3.2. The User agrees not to misuse the App or use it for illegal purposes. In particular, the User is prohibited from:

• Bypassing, disabling, or otherwise interfering with the security features of the App or its underlying infrastructure.
• Overloading or disrupting the App or its infrastructure through automated scripts or other measures.
• Decompiling or otherwise reverse-engineering the App.

4. Future Premium Features and Subscriptions (Planned)

4.1. Premium Features are expected to be available through a subscription model, which will be processed via the Apple App Store.

4.2. Conclusion of Contract: The contract for a subscription is concluded as soon as the User confirms the purchase within the Apple App Store and Apple confirms it. Apple's terms and payment conditions apply in addition. However, the contractual partner for the provision of the Premium Feature is DigitalZen GmbH.

4.3. Term and Termination: Subscriptions will have the term selected at the time of purchase (e.g., one month or one year) and will automatically renew for the same period unless terminated before the end of the current term. Termination must be managed through the User's Apple account subscription settings. The deadlines specified by Apple are decisive.

4.4. Prices and Payment: Payment will be processed through the payment method stored in the User's Apple account. All prices are final prices and include the statutory value-added tax (VAT).

5. User Content

5.1. The User is and remains the sole owner of the copyright and other rights to the content they create (voice recordings and transcriptions).

5.2. For the purpose of providing the App's features, particularly transcription, the User grants us a simple, non-transferable, royalty-free license, limited to this purpose, to technically reproduce and process their content.

5.3. This license serves exclusively to perform the transcription requested by the User and to display the content to the User within the App. The license expires as soon as the User deletes the respective content from the App.

6. Limitation of Liability

6.1. We are unrestrictedly liable for damages resulting from injury to life, body, or health that are based on a breach of duty by us, our legal representatives, or vicarious agents.

6.2. We are also unrestrictedly liable for damages caused by intent or gross negligence by us, our legal representatives, or vicarious agents.

6.3. In the case of a slightly negligent breach of essential contractual obligations (i.e., obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the User may regularly rely), our liability is limited to the foreseeable damage typical for the contract.

6.4. Any further liability is excluded. Liability under the German Product Liability Act remains unaffected.

7. Final Provisions

7.1. The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the User is a consumer and has their habitual residence in another country, mandatory consumer protection provisions of that country shall remain unaffected by this choice of law.

7.2. Should individual provisions of these Terms be or become invalid, this shall not affect the validity of the remaining provisions.

7.3. We reserve the right to amend these Terms. Users will be notified of changes in an appropriate manner (e.g., via an in-app notification). The User's consent to the amended Terms will be required for the continued use of the App.

Information on the Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (DigitalZen GmbH, St.-Cajetan-Str. 12, 81669 Munich, Germany, Phone: +49 (0)89 51075334, Email: webadmin@digitalzen.digital) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or an e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Premature Expiry of the Right of Withdrawal

Your right of withdrawal expires prematurely in the case of a contract for the supply of digital content which is not supplied on a tangible medium if you have expressly consented to us beginning with the performance of the contract before the withdrawal period has expired, and you have acknowledged that you thereby lose your right of withdrawal upon the commencement of the contract's performance.