Terms and Conditions (AGB) of Aury

(1) These Terms and Conditions (AGB) apply to all online offerings and services operated by Aury Care GmbH (hereinafter "we"). These are AI-based support offerings providing health-promoting content, particularly in the areas of psychological wellbeing and stress and resource management.

(2) The offerings serve as psychoeducational support in the non-clinical (subclinical) domain and do not replace medical, psychotherapeutic, or psychiatric diagnosis, advice, or treatment, and under no circumstances a crisis service. For the prevention offering "Digitale Stressbewältigung mit Aury" (Digital Stress Management with Aury) the following applies in addition: the multimodal stress and resource management measure does not replace psychotherapeutic or psychiatric treatment or crisis services.

(3) Use requires that participants assess their health status responsibly and realistically and only use the offerings when no contraindications are present. In case of health complaints, uncertainties, or worsening condition, it is recommended to interrupt use and seek medical or therapeutic advice.

(4) The service is intended exclusively for adult natural persons.

(5) Persons with acute suicidality, psychotic disorders, bipolar disorders, or a severe depressive episode are excluded from use.

(6) The prevention offering "Digitale Stressbewältigung mit Aury" is an AI-based prevention programme in the field of "stress and resource management" pursuant to § 20 SGB V. Beyond paragraph (5), persons are excluded from participating in this programme if one or more of the following contraindications apply:

Contraindications pursuant to the Prevention Guidelines:

• Severe mental illnesses requiring treatment (e.g. psychoses, bipolar disorders, severe depressive episodes)
• Acute suicidality or acute mental health crisis

Extended exclusion criteria:

• Diagnosed moderate depressive episode or other diagnosed mental illness with significant daily impairment (e.g. anxiety disorder, post-traumatic stress disorder, eating disorder, obsessive-compulsive disorder, personality disorder)
• Ongoing psychotherapy or psychopharmacotherapy (regardless of indication), current search for a therapy place, or medically/psychotherapeutically recommended treatment within the last 12 months
• Current mental health or psychosocial crisis situation (self-harm or suicidal thoughts in the last 6 months, problematic use of alcohol, medication, or other substances)
• Diagnosed impulse control disorder related to media use

If contraindications are present, participation may still be possible in some cases following consultation with a treating physician or psychotherapist.

(1) These Terms and Conditions (AGB) apply to all contracts concluded between us and users regarding the use of the service.

(1) A contract for the use of the service is established upon user registration and our confirmation.

(1) We offer subclinical, psychoeducational, and supportive services through AI-based communication in text and voice form. Voice messages are automatically converted into text and then processed like a typed message; details are set out in our privacy policy. The offerings are provided through a web app in the browser and through mobile apps for iOS and Android. These services may be free or paid and are governed by the respective service description on our website or within the application.

(2) We reserve the right to modify, expand, or discontinue the offering at any time. Previously booked services remain unaffected.

(1) Registration is required to use the service. Users must provide truthful personal information and keep it up to date.

(2) Users confirm that they are at least 18 years old and that none of the exclusion criteria listed in Section 1 (5) — and, when participating in the prevention offering "Digitale Stressbewältigung mit Aury", in Section 1 (6) — apply.

(3) Users are obliged to keep their access credentials confidential and to notify us immediately in the event of misuse.

(1) Prices for paid services are based on the current pricing information on the website.

(2) Payments are made in advance via the available payment methods. In the case of third-party coverage, the respective terms apply.

(1) Users have the right to withdraw from the contract within 14 days of conclusion without providing a reason. Withdrawal must be made by email to the contact address provided on the website.

(2) Consumers have a statutory right of withdrawal in accordance with the following instructions:

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Aury Care GmbH, Am Mühlenberg 11, 14476 Potsdam, Germany, support@aury.co) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form set out in paragraph (4), but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the 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 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. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

(3) In the case of a contract for the supply of services, the right of withdrawal expires once we have fully performed the service and began performance only after you gave your express consent and acknowledged that you would lose your right of withdrawal upon our complete performance of the contract.

(4) Model withdrawal form. If you wish to withdraw from the contract, please complete and return this form:

(1) Use of all services is at the user's own risk. The provider's liability is limited to intent and gross negligence. This does not apply insofar as cardinal contractual obligations are breached. Cardinal obligations are those obligations that the contract is intended to grant you according to its purpose, or whose fulfilment enables the proper performance of the contract in the first place and on whose observance you may regularly rely.

(1) We treat all user data confidentially and process it exclusively in accordance with the applicable data protection regulations (GDPR).

(2) Further details on data processing are provided in our privacy policy.

(1) All content related to the service is protected by copyright. Any use beyond the expressly granted rights requires our written consent.

(1) We reserve the right to amend or expand these Terms and Conditions at any time with future effect. Users will be informed of such changes in advance.

(2) We will inform users of changes at least six weeks before the intended effective date in text form. Changes only take effect if the user agrees to them. If the user does not agree, they may terminate the contract free of charge until the intended effective date; otherwise the contract continues on the previous terms.

(1) German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If individual provisions of these Terms and Conditions are invalid, the remaining provisions shall remain unaffected.

(1) These Terms are concluded solely between the user and Aury Care GmbH. Apple Inc. and Google LLC are not parties to them.

(2) Aury Care GmbH alone is responsible for the application, its content and its availability. Apple and Google have no obligation to furnish maintenance or support.

(3) Apple and Google give no warranty for the application. Claims relating to defects, product liability, non-compliance with legal requirements or infringement of third-party rights are to be directed exclusively to Aury Care GmbH; the user's statutory rights against the app store operators remain unaffected.

(4) The user confirms that they are not located in a country subject to a United States embargo and are not listed on any relevant sanctions list.

(5) Apple Inc. and Google LLC and their subsidiaries are third-party beneficiaries of this § 13 and may enforce its provisions against the user.