ExBackGet the app

Legal

Terms of Service

Last updated: 2026-04-27

1. Scope & Acceptance

These Terms of Service (“Terms”) are a binding contract between you and Digital App Group GmbH, Ferdinand-Koch Str. 31, 26133 Oldenburg, Germany, registered with the commercial register of the Amtsgericht Oldenburg under HRB 219130, VAT ID DE358804170 (“ExBack”, “we”, “us”), regarding your use of the ExBack mobile application, the exback.app website, and all associated features and content (together, the “Service”). By creating an account, completing onboarding, purchasing credits, or otherwise accessing the Service, you accept these Terms. If you do not accept them, do not use the Service.

The Service is intended for consumers within the meaning of § 13 BGB. We do not contract on the basis of any general terms supplied by you, and we do not waive this principle by failing to expressly object to such terms.

2. Definitions

“Account” — your personal access credentials and associated profile data.
“Coach” — the AI-driven conversational feature that responds to your messages.
“Mira” — our reflective companion feature, distinct from the Coach in style and intended use.
“Chat Analysis” — the feature in which you upload an exported WhatsApp conversation for AI-generated reflection.
“Program” — the structured plan of daily challenges, journal prompts, and reflections.
“Community” — the anonymous in-app feed for posts, comments, and reactions.
“User Content” — any content you submit, upload, generate, or transmit through the Service.
“Output” — content generated by AI features in response to your input.
“Credits” — virtual units that you purchase in the app and that are consumed when you use the AI features (Coach, Mira, Chat Analysis). Credits are not e-money, are not legal tender, are non-transferable, and have no value outside the Service.
“Subscription” — a recurring paid plan, if and when offered, that may include periodic Credit grants and other benefits.
“Stores” — the Apple App Store and Google Play Store.

3. Description of the Service

ExBack is an entertainment and general self-improvement service. It is built around relationship-themed conversation with AI characters, a structured program of light self-improvement challenges, journaling, and an anonymous community feed. The product's topical focus is the period after a romantic break-up and the personal-development choices a user may consider during that period — including, where the user is interested, ideas, conversation prompts, and self-improvement exercises that some users associate with trying to win an ex back. The Service is intended for casual, recreational, and reflective use only. It is not therapy, coaching by a licensed professional, or a guaranteed path to any relationship outcome (see Sections 4 and 15).

3.1 AI Coach. A chat-style feature in which you can write about your situation and receive responses generated by large language models. The Coach is designed to encourage reflection, suggest reframes, and propose journaling exercises. Each message you send to the Coach consumes Credits.

3.2 Mira. A separate conversational companion with a different tone and style than the Coach. Mira is a reflective AI companion. Mira is not a psychic, fortune-teller, oracle, or any source of supernatural insight.Any references to “intuition” describe a creative style of reflection only. Messages to Mira consume Credits.

3.3 Chat Analysis. A feature that lets you upload an exported WhatsApp text file and receive AI-generated reflection on the conversation. Each analysis consumes a fixed amount of Credits, shown before you confirm the run.

3.4 Program & Daily Challenges. A structured plan of daily exercises (journal prompts, action items, reflections), unlocking progressively over time. Access to the Program does not consume Credits.

3.5 Journal. A personal log of your responses to challenges and free-form entries.

3.6 Anonymous Community. A feed where you can post about your own experience without revealing your identity. Other users can react with hearts and post anonymous comments.

3.7 Streaks & Progress Tracking. A counter of consecutive days with completed activity and visualizations of progress through the Program.

3.8 Push Notifications. Reminders, follow-ups, motivational nudges, and re-engagement messages, conditional on you granting notification permissions.

We continuously develop the Service. We may add, change, or discontinue features. Where you have an active Subscription or unspent Credits, we will not unreasonably impair the agreed-upon main features; material changes will be announced in advance, and your statutory rights under § 327r BGB regarding modifications of digital content remain unaffected.

4. Entertainment Service · Health & Safety Disclaimer (READ FIRST)

ExBack is an entertainment and general self-improvement product. It is not a medical device, not a regulated healthcare service, not psychotherapy, not counselling, not crisis intervention, not legal advice, and not a substitute for qualified professional advice or care. Conversations with the Coach and Mira, the Chat Analysis feature, and the Program offer entertainment, journaling prompts, and general self-improvement content only. Output is created automatically and reflects neither the personal opinion of any qualified professional nor a personalised assessment of your situation.

4.1 Crisis & emergencies. If you are experiencing thoughts of suicide or self-harm, considering harming another person, or are in any other mental-health emergency, stop using the Service and seek immediate help:

  • Germany: Notruf 112 · Telefonseelsorge 0800 111 0 111 / 0800 111 0 222 / 116 123
  • Austria: Notruf 112 · Telefonseelsorge 142
  • Switzerland: Notruf 112 · Die Dargebotene Hand 143
  • United States:988 Suicide & Crisis Lifeline
  • United Kingdom & Ireland: Samaritans 116 123
  • International directory: findahelpline.com

The Service is not designed to detect crises, will not alert emergency services on your behalf, and may continue to respond conversationally even in situations where you should be seeking professional help.

4.2 No medical or therapeutic relationship. Using the Service does not create a doctor-patient, therapist-client, or counselor-client relationship. Output is not a diagnosis, prognosis, prescription, treatment, or therapy.

4.3 No legal advice. Output regarding restraining orders, contact rules, family law, custody, defamation, or any other legal topic is not legal advice. Consult a qualified lawyer.

4.4 Decisions with significant consequences. Do not rely on the Service for decisions with significant emotional, legal, financial, medical, or safety consequences. Always seek qualified human advice before such decisions.

5. Eligibility

You must be at least 18 years old and have full legal capacity to enter into binding contracts under the laws of your country of residence. By using the Service, you confirm that you meet these requirements. We do not knowingly collect data from minors; if we learn that an Account has been created by a person under 18, we will close the Account.

6. Account & Authentication

6.1 Sign-in methods. You can create an Account using Sign in with Apple, Google Sign-In, or email. Some features may require verification of your email address.

6.2 Accuracy. You agree to provide accurate information and to keep it current. You may not impersonate another person.

6.3 Security. You are responsible for keeping your sign-in credentials and devices secure and for activity occurring under your Account. Notify us at digitalappgroupde@gmail.com immediately if you suspect unauthorized access.

6.4 One Account per person. You may not create multiple Accounts to circumvent free-trial eligibility, suspensions, or rate limits.

7. Credits — How They Work

7.1 What Credits are. Credits are virtual units that you purchase in the app and that are consumed when you use the AI features. Pricing per Credit pack and the Credit cost of each AI feature (per Coach message, per Mira message, per Chat Analysis run, etc.) are shown in the app before you complete the purchase or trigger the feature.

7.2 Where you buy. All Credit purchases are processed by Apple App Store or Google Play under their respective payment terms. We do not collect, store, or process your payment card details. Pricing, taxes, and currency are determined by the Store and shown to you before purchase.

7.3 Delivery. Credits are delivered to your Account immediately after a successful purchase. Delivery is performed via our billing provider (RevenueCat) and our backend.

7.4 Consumption. Credits are consumed at the moment you trigger the relevant feature (e.g., when you send a message to the Coach or Mira, or when you start a Chat Analysis). Once consumed, Credits cannot be refunded except where required by mandatory law.

7.5 Validity. Credits remain available while your Account is active and have no expiration date by default. We may introduce time-limited promotional Credits with a clear expiry shown at the point of grant.

7.6 No cash value, no transfer. Credits cannot be exchanged for money, transferred between Accounts, gifted, or combined with Credits of other users. Unused Credits are forfeited upon termination for cause by us. If you delete your Account voluntarily, unused Credits will likewise be forfeited; the Account-deletion flow will warn you of this before final confirmation. Mandatory consumer rights to reimbursement remain unaffected.

7.7 Pricing changes. We may change the price of Credits or the Credit cost of features for future purchases or future usage. Changes do not retroactively reduce Credits already on your balance, but the cost in Credits per feature may change going forward; such changes will be shown in the app before consumption.

7.8 Subscriptions (if offered). If we offer Subscriptions, they renew automatically at the end of each billing period at the then-current rate, unless cancelled at least 24 hours before the renewal date through your Apple App Store or Google Play account. We have no ability to cancel Subscriptions on your behalf. Periodic Credits granted as part of a Subscription are subject to the same rules as purchased Credits.

7.9 Taxes. Prices include VAT or other applicable taxes where required by law and as collected by the Stores.

8. Promotional Offers & Free Credits

We may offer promotional Credits or introductory pricing. Eligibility, Credit amount, expiry (if any), and any conditions are shown before you accept the offer. Each user is generally eligible for one promotional offer per type. We may revoke promotions if we detect circumvention (multiple Accounts, refund-and-rebuy patterns, or other abuse).

9. Right of Withdrawal (EU Consumers)

9.1 Statutory right. As a consumer resident in the EU, you have a 14-day right of withdrawal from contracts concluded at a distance, including purchases of Credits and Subscriptions. The withdrawal period begins on the day the contract is concluded.

9.2 Express consent and waiver for digital content. The Service is a digital content service that we make available to you immediately after your purchase. By purchasing Credits or a Subscription through the Apple App Store or Google Play, and by accepting these Terms in connection with that purchase, you:

  • (a) expressly request that performance of the contract begin immediately, before the 14-day withdrawal period has expired; and
  • (b) acknowledge that you lose your right of withdrawal once performance begins, in accordance with § 356 (5) BGB and Article 16(m) of EU Directive 2011/83/EU.

For Credits, “performance begins” when you first consume any Credit from the purchased pack on a feature. For Subscriptions, “performance begins” upon activation of the Subscription on your Account. We will confirm this consent and acknowledgment to you in writing (e.g., by purchase receipt or in-app confirmation) in accordance with § 356 (5) Nr. 2 BGB.

9.3 Withdrawal before performance begins. If you have purchased Credits or a Subscription but have not yet consumed any Credit or activated any subscription benefit, you may still withdraw within 14 days by sending a clear declaration of your decision to Digital App Group GmbH, Ferdinand-Koch Str. 31, 26133 Oldenburg, Germany, or by email to digitalappgroupde@gmail.com. You may use the model withdrawal form set out in Section 9.5 below, but you are not required to use it.

9.4 Effect of withdrawal. If you withdraw in time and before performance has begun, we will, in coordination with the Store through which the purchase was processed (Apple App Store or Google Play), refund the relevant payment without undue delay and at the latest within 14 days of receipt of your withdrawal notice, using the same means of payment as the original transaction.

9.5 Model withdrawal form. If you wish to withdraw from the contract, you may copy and complete the following form:

To: Digital App Group GmbH, Ferdinand-Koch Str. 31, 26133 Oldenburg, Germany — digitalappgroupde@gmail.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the supply of the following digital content / service: [description of the purchase]
Ordered on / received on (*):
Name of consumer(s):
Address of consumer(s):
Date:
Signature of consumer(s) (only if this form is notified on paper):
(*) Delete as appropriate.

10. Refunds (handled by the Stores)

Refunds are administered by Apple or Google under the terms of the Store you used to purchase. We do not process refunds directly. To request a refund:

Where mandatory law requires us to grant a refund directly, we will do so. Otherwise we will support reasonable requests by working with the Store. Once Credits have been consumed, no refund is owed for the consumed portion except where required by law.

11. User Content & License

11.1 Ownership. You retain all rights in your User Content. We claim no ownership over your journal entries, community posts, Coach/Mira messages, or chat uploads.

11.2 License to operate the Service. You grant us a worldwide, non-exclusive, royalty-free, sublicensable (only to our service providers acting on our behalf) license to host, store, transmit, process, encode, transcode, display, and create technical adaptations of your User Content solely for the purpose of operating, securing, supporting, and improving the Service for you, and complying with legal obligations.

11.3 What we will not do. We will not sell your User Content. We will not use your private conversations or chat uploads to train public, third-party AI models. We will not display your private journal entries or Coach/Mira chats to other users. We will not share your User Content with advertising networks.

11.4 Aggregated data. We may use aggregated, fully de-identified statistics derived from User Content to operate, debug, and improve the Service, including evaluating the quality of AI Output. Such statistics do not allow re-identification.

11.5 Backup and loss. While we apply commercially reasonable measures, we do not guarantee that User Content will not be lost, corrupted, or temporarily unavailable. Where feasible, you should keep your own copies of journal entries that are important to you.

12. WhatsApp Chat Uploads — Special Rules

12.1 Scope. Chat Analysis lets you upload an exported WhatsApp conversation as a text file (typically a .txt file inside a .zip, with attachments removed at export time). The text is processed by our backend and our AI provider to generate reflection-style Output.

12.2 Your representations. By uploading, you represent and warrant that:

  • (a) the conversation is one in which you are a participant;
  • (b) you are entitled under applicable law to upload the content for the purpose of obtaining the Output;
  • (c) you have considered the privacy of any other participant and, where required by applicable law, obtained their consent or have another lawful basis;
  • (d) the upload contains no content of minors that you are not entitled to share;
  • (e) the upload contains no content that is unlawful, defamatory, threatening, sexually exploitative, or that would breach a confidentiality obligation;
  • (f) you accept that messages will be processed by automated systems and our AI provider in pseudonymous form.

12.3 Processing details. Uploads are transmitted over TLS and stored encrypted at rest. We may truncate, sample, or chunk the upload to fit AI provider input limits. The text is sent to our AI provider (currently Anthropic) for inference under a data-processing agreement. We do not retain the raw upload longer than necessary to deliver the analysis and any follow-ups; retention periods are set out in the Privacy Policy. You can delete uploads and the resulting Output from inside the app at any time.

12.4 Pseudonymization is not anonymization. We make reasonable efforts to limit identifiers but cannot guarantee that names, phone numbers, or other identifiers in the message body have been removed. By uploading, you accept this technical limitation.

12.5 Suspension of the feature. We may suspend Chat Analysis for individual Accounts if we detect abuse (e.g., uploads of conversations the user is not party to, mass-uploading, or content that appears unlawful). Credits already consumed for an analysis we successfully delivered are not refunded; Credits consumed for an analysis we did not deliver due to such suspension will be refunded to your Credit balance.

13. Acceptable Use

You agree not to use the Service to:

13.1 Harm to other people.

  • (a) harass, intimidate, threaten, defame, dox, or stalk any person, in particular former, current, or prospective partners;
  • (b) circumvent or breach a no-contact agreement, restraining order, protective order, family-court order, or comparable legal measure;
  • (c) plan or carry out contact with someone who has clearly told you not to contact them, or whom you are legally not permitted to contact;
  • (d) coerce, manipulate, or deceive another person into resuming, prolonging, or initiating a relationship against that person's will.

13.2 Misuse of uploads.

  • (a) upload conversations you are not entitled to share;
  • (b) upload conversations of minors when you are not their parent or legal guardian;
  • (c) upload content with the primary intent of identifying, tracking, or building a profile of a third party.

13.3 Misuse of the AI features.

  • (a) attempt to extract system prompts, weights, or training data;
  • (b) attempt to bypass safety mitigations, content filters, or rate limits;
  • (c) generate content that depicts sexualization of minors, terrorism, instructions for violence, or other illegal categories;
  • (d) use the Output to provide professional services (medical, legal, psychological) to third parties as if it were your own qualified advice.

13.4 Platform integrity.

  • (a) reverse-engineer, decompile, scrape, or train other AI systems on the Service;
  • (b) probe for security vulnerabilities outside a coordinated disclosure process;
  • (c) introduce malware or interfere with the Service or its infrastructure;
  • (d) create multiple Accounts to abuse promotional Credits, ban evasion, or rate limits.

13.5 Commercial misuse. Use the Service only for personal, non-commercial entertainment and self-improvement use. Do not resell access, repackage Output for paid services, or use the Service to operate a competing AI assistant.

13.6 Enforcement. We may, at our discretion and without prior notice in cases of severity or risk, warn you, restrict access to features, suspend the Account, or terminate the Account. Where required by law, we will inform you of the reason and offer an internal appeal channel via digitalappgroupde@gmail.com. Statutory rights regarding ordinary contract termination are unaffected.

14. Community Rules

The Community is anonymous by design: no usernames, profile pictures, or persistent identifiers visible to other users. This is a deliberate choice to lower the barrier to honest reflection.

14.1 Permitted. Posting about your own experience, struggles, progress, and questions; reacting with hearts; supportive anonymous comments.

14.2 Prohibited.

  • (a) identifying or attempting to identify yourself, other users, your ex-partner, or any third party (real names, contact info, photos, social handles, addresses, license plates, employers, etc.);
  • (b) sexual content; sexualization of minors; hate speech; threats; incitement; doxxing;
  • (c) advertising, spam, multi-level marketing, links unrelated to the topic;
  • (d) content that infringes third-party rights (copyright, trademarks, personality rights, business secrets);
  • (e) coordinated brigading, dogpiling, or mass-reporting.

14.3 Moderation and reporting.We do not pre-moderate. Users can report posts and comments via in-app reporting. We will review reports in a reasonable time and may remove content, restrict the author's posting privileges, or terminate the Account.

14.4 DSA compliance. As a hosting provider for User Content, we apply the obligations of Regulation (EU) 2022/2065 (Digital Services Act) where applicable, including a notice-and-action mechanism, statements of reasons for content moderation decisions, and an internal complaint-handling system. Contact for DSA matters: digitalappgroupde@gmail.com.

14.5 No liability for third-party posts. We are not the author of community content and adopt no responsibility for the truth or accuracy of posts written by other users. Where we obtain actual knowledge of unlawful content, we will act expeditiously to remove or disable access in accordance with the DSA and § 10 DDG (Digitale-Dienste-Gesetz).

15. AI Output — Nature, Limitations, No Reliance

15.1 How AI features work. The Coach, Mira, and Chat Analysis send your inputs (and limited contextual metadata, such as recent conversation history and program day) to large language models operated by our AI provider. The model generates Output based on patterns in its training data and the prompt we provide.

15.2 Limitations.

  • (a) Output is probabilistic and may be inaccurate, incomplete, biased, outdated, or inappropriate. The same input may produce different Output on different runs.
  • (b) The model has no real-world knowledge of you, your relationship, or any third person beyond what you tell it; it cannot verify any claim.
  • (c) The model may “hallucinate” — produce confident-sounding statements that are factually wrong.
  • (d) The model may reflect cultural, gender, or other biases present in its training data.
  • (e) The model has limited and imperfect ability to recognize crisis situations.
  • (f) The model has no memory across sessions beyond what is stored in your Account and provided back to it as context.

15.3 No reliance. You must not rely on Output for decisions with significant emotional, legal, financial, medical, or safety consequences. You are solely responsible for your decisions and actions, including any messages you send, contact attempts, or behavior toward others.

15.4 No outcome guarantee.ExBack does not promise or guarantee reconciliation, reunion, communication from, or any specific reaction by any third party. Any references to “winning back” your ex are entertainment and self-improvement framing — they describe a personal-development goal pursued through journaling, conversation, and self-reflection, not a transactional service, professional coaching, or any guaranteed result.

15.5 Mira is not paranormal.Mira's reflective tone is a stylistic choice. Output is generated by the same class of language models as the Coach. Mira does not possess clairvoyance, mediumship, or any supernatural ability.

15.6 Provider changes. We may switch or add AI providers, change models, or update prompts to maintain quality, safety, or cost-effectiveness. Such changes are part of ordinary Service evolution.

15.7 Failed generations. If a generation fails through our fault before any Output is delivered to you, the Credits consumed for that attempt will be refunded to your Credit balance.

16. Push Notifications

If you grant notification permissions, we send categories of push notifications including: challenge reminders, journal prompts, follow-up nudges after a Coach/Mira session, motivational messages, milestone celebrations, and re-engagement messages if you have not used the Service for some time. You can disable notifications at any time via your device settings or in-app preferences. Reducing notifications does not entitle you to a refund except as required by law.

17. Third-Party Services

The Service relies on third-party providers. By using the Service you accept that data necessary to deliver the requested feature will be processed by these providers under their terms. The current providers and their roles are:

  • Apple Inc. and Google LLC — Store distribution, in-app purchases, sign-in.
  • Supabase Inc. — authentication, primary database, file storage, edge function runtime.
  • Google (Firebase) — Firebase Cloud Messaging for push notifications, analytics, crash reporting.
  • RevenueCat Inc. — Credit balance reconciliation, entitlement validation, receipt verification.
  • Anthropic, PBC — large-language-model inference for the Coach, Mira, and Chat Analysis. Inputs include your messages and excerpts of your uploaded chats.
  • Mobile Measurement Partner (e.g., AppStack / AppsFlyer) — install attribution and deferred-deep-link routing.
  • Meta Platforms Ireland Ltd. — Meta Pixel and Conversions API on the website only, subject to your consent banner.

A current and detailed list with categories of personal data, processing locations, transfer mechanisms, and retention periods is maintained in the Privacy Policy.

18. Intellectual Property

The Service, including software, design, branding, copy, prompts, program content, challenge texts, and the Mira and Coach personae, is owned by us or our licensors and protected by IP laws. We grant you a personal, non-transferable, non-exclusive, revocable license to use the Service for its intended consumer purpose. No additional rights are granted, including no right to copy, modify, distribute, sell, lease, or create derivative works.

Output you legitimately receive from the Coach, Mira, or Chat Analysis is provided to you for your personal reflective use; you may keep, copy, and adapt your own Output for personal purposes. You must not represent Output as advice from a qualified professional.

19. Termination & Account Deletion

19.1 By you. You may delete your Account at any time from inside the app. Cancelling a Subscription is done in your Apple App Store or Google Play account, not in our app.

19.2 By us. We may suspend or terminate access for cause, including breach of these Terms, abuse of the Service, fraud, chargebacks, or risk to users or third parties. We will provide reasonable notice unless prohibited or where immediate action is necessary, and will offer an internal appeal channel for non-trivial cases.

19.3 Effect. Upon Account deletion, we erase or anonymize your personal data within the periods set out in the Privacy Policy, subject to legal retention obligations (e.g., commercial and tax law). Unused Credits expire and have no cash value. Termination does not entitle you to refunds beyond what statutory law and Store policies require.

19.4 Surviving provisions. Sections concerning intellectual property, license to User Content, disclaimers, limitation of liability, indemnification, governing law, and any provision that by its nature should survive, survive termination.

20. Disclaimer of Warranties

20.1 General. Within the limits of mandatory consumer-protection law, the Service is provided “as is” and “as available”. We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected immediately, that AI Output will meet your expectations, or that the Service will achieve any particular outcome. Statutory warranty rights of consumers (in particular under §§ 327 ff., 434 ff. BGB) remain unaffected.

20.2 Statement for users in the United States. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT AI OUTPUT IS ACCURATE, RELIABLE, COMPLETE, UP-TO-DATE, OR SUITABLE FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

21. Limitation of Liability

21.1 Unlimited liability. We are liable without limitation for damages caused by intent or gross negligence; for damages arising from injury to life, body, or health; under the German Product Liability Act (Produkthaftungsgesetz); and under any guarantee we have expressly given.

21.2 Material contractual obligations.For damages caused by simple negligence, we are liable only where a material contractual obligation (“Kardinalpflicht” — an obligation whose fulfilment is essential for the proper performance of the contract and on whose observance the user regularly relies) has been breached, and only up to the foreseeable damage typical for this type of contract.

21.3 Excluded liability. Liability for simple-negligence breaches of non-material obligations is excluded.

21.4 No liability for outcomes. Subject to the foregoing, we assume no liability for: decisions you make based on Output; communications you send to third parties; reactions or non-reactions of any third party (including former, current, or prospective partners); emotional, psychological, or relationship outcomes; or legal proceedings affected by your use of the Service.

21.5 Force majeure. We are not liable for non-performance caused by events beyond our reasonable control, including outages of upstream providers (e.g., Stores, AI providers, hosting), governmental action, war, pandemic, or natural disasters.

21.6 Statement for users in the United States.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ExBack OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, OR FOR ANY LOSSES RELATING TO RELATIONSHIPS, COMMUNICATIONS, OR EMOTIONAL OR PSYCHOLOGICAL OUTCOMES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (a) ONE HUNDRED EUROS (€100) OR (b) THE TOTAL AMOUNTS YOU PAID US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.

21.7 Mandatory consumer rights. Mandatory consumer-protection rights under EU, German, Austrian, Swiss, and applicable U.S. state consumer-protection law remain unaffected by this Section 21.

22. Indemnification

You will indemnify and hold us harmless from third-party claims arising from (a) User Content you uploaded, including unlawful upload of chat exports, (b) your breach of Section 13 (Acceptable Use) or Section 14 (Community Rules), or (c) your breach of applicable law in connection with your use of the Service, except to the extent we are responsible. This clause does not apply to the extent prohibited by mandatory consumer law.

23. Changes to the Terms

We may update these Terms when needed for legal, regulatory, security, or product reasons. We will notify you in-app or by email at least 30 days before material changes take effect. If you do not agree, you may terminate your Account before the effective date. Continued use after the effective date constitutes acceptance. For digital content under § 327r BGB, your statutory rights remain unaffected.

24. Governing Law & Jurisdiction

24.1 Governing law. These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

24.2 Mandatory consumer protection. The mandatory consumer-protection law of the country of your habitual residence remains unaffected. In particular, this includes the German BGB and UWG (Germany), the Konsumentenschutzgesetz (Austria), the Bundesgesetz gegen den unlauteren Wettbewerb and Obligationenrecht (Switzerland), and applicable U.S. federal and state consumer-protection statutes for U.S.-resident users.

24.3 Venue. If you are a merchant, legal entity under public law, or special public-law fund, the exclusive place of jurisdiction is Oldenburg, Germany. Consumers may bring proceedings in the courts that have jurisdiction at their place of residence under applicable law.

25. Consumer Arbitration & Out-of-Court Dispute Resolution

We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of § 36 VSBG. Note: the European Commission's Online Dispute Resolution (ODR) platform was discontinued on 20 July 2025 following the repeal of Regulation (EU) No 524/2013 by Regulation (EU) 2024/3228. EU consumers may instead contact the consumer protection authority or a recognised alternative dispute resolution body in their country of residence.

26. Severability & Miscellaneous

If any provision is invalid or unenforceable, the remaining provisions remain in force. Any invalid provision shall be replaced by a valid provision that comes closest to its economic intent. Side agreements do not exist; amendments require text form. We may assign these Terms in connection with a corporate transaction; you may not assign without our prior written consent. Failure to enforce any right is not a waiver.

27. Apple-Specific Terms

If you access the Service through Apple's App Store, the following also applies:

  • (a) These Terms are between you and Digital App Group GmbH only, not with Apple. Apple is not responsible for the Service or its content.
  • (b) The license granted to you is limited to a non-transferable license to use the Service on Apple-branded products you own or control, subject to Apple's Usage Rules.
  • (c) If the Service fails to conform to any applicable warranty, you may notify Apple, who will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation regarding the Service.
  • (d) We, not Apple, are responsible for handling any claims by you or a third party relating to the Service.
  • (e) We, not Apple, are responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim relating to the Service.
  • (f) You confirm that you are not located in a U.S.-embargoed country and are not on any U.S. Government list of prohibited or restricted parties.
  • (g) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

28. Contact

Digital App Group GmbH
Ferdinand-Koch Str. 31
26133 Oldenburg, Germany
Phone: +49 441 3793132
Email: digitalappgroupde@gmail.com
Commercial register: Amtsgericht Oldenburg, HRB 219130
VAT ID: DE358804170