General Terms and Conditions (GTC)

Status: March 2026

Provider:
Bastian Matzen Alma Softwareentwicklung (Sole Proprietorship)
Kienitzer Str. 113
12049 Berlin
Germany

Contact:
E-Mail: support@alma-app.eu
Website: www.alma-app.eu

Language and Binding Versions

This English version of the General Terms and Conditions is a legally binding document for all users who register for or use the Alma App in a language other than German.

A German version of these GTC is available at alma-app.eu/agb. For users who registered in German or whose App language is set to German, the German version applies.

Where the Alma App is used in a language other than English or German, the in-app translation is provided for convenience only and is machine-translated. In the event of any inconsistency between a machine-translated version and this English version, this English version shall prevail.

⚠️ IMPORTANT RISK NOTICE (PREAMBLE)

Please read this notice carefully before using the App:

The "Alma" app is a technical aid designed to support personal communication and safety. It is:

• Not a substitute for public emergency numbers (112 or the respective local emergency number).
• Not a certified medical device.
• Not a substitute for professional emergency call systems (such as home emergency call systems, care services).

The Provider does not operate an emergency call center. No guarantee is made that notifications will actually be delivered in an emergency, as this depends on factors outside the Provider's control, in particular:

• Internet connection and network coverage.
• Power supply and battery level of the smartphone.
• Operating system settings (energy-saving modes, app permissions).
• Availability of third-party services (WhatsApp, Telegram, E-Mail providers, Push services).
• Technical disruptions at cloud providers.

In life-threatening situations, local emergency services (112) must always be contacted directly.

§ 1 Scope of Application and Conclusion of Contract

(1) These General Terms and Conditions (GTC) govern the contractual relationship between Bastian Matzen, Alma Softwareentwicklung (hereinafter "Provider" or "we") and the users of the mobile application "Alma" (hereinafter "User" or "you").

(2) The GTC apply to the use of the App, including all updates, functions, and services, regardless of whether they are offered free of charge or for a fee (Connect+ Subscription).

(3) The contract regarding the use of the App is concluded upon completion of the registration process and confirmation of these GTC. For the paid Connect+ Subscription, the conditions of the respective App Stores apply additionally (see § 5).

(4) Deviating terms and conditions of the User are not recognized unless the Provider expressly agrees to their validity in writing.

(5) The text of the contract is not stored individually by the Provider. The current version is accessible at any time within the App and at www.alma-app.eu. Older versions will be provided upon request.

§ 2 Description of Services

(1) Scope of Functions

Alma is an app that combines personal safety functions with social features:

a) Alma Moments (Free Basic Version)

• Allows optional sharing of posts (text and/or image and/or mood emoji) with up to 30 confirmed connections with each Check-In.
• These can be commented on and liked.
• Missed Check-Ins are automatically posted visibly for all connected contacts.
• Includes a fixed daily Check-In window between 7:00 AM and 11:00 AM.
• Sending of "I'm thinking of you" notifications to connected users once per day per user.

Helper Function:

• Ability to be invited as an emergency contact by Alma Safety users (Connect+) and to receive notifications in the App, optionally with detailed emergency information and location data, to assist the user.
• Ability to receive an access code (Remote Setup) to configure the App settings of another user (Connect+) as a trusted person.

b) Connect+ Subscription

Includes extended functions for personal protection with Alma Safety Net, as well as for Alma Moments, specifically:

• Flexible Check-In Configuration: Choice of up to three Check-In windows per day (morning, noon, evening).
• Emergency Alerting: Notification of up to 5 emergency contacts via various channels (E-Mail, WhatsApp, Telegram, In-App).
• Enhanced Security: Optional location transmission in case of alarm, storage of health data for emergencies, planned vacation mode.
• App Lock and Settings Lock to protect against app access by third parties and unauthorized changes.
• Remote Sharing: Generation of access codes to allow trusted persons to remotely set up one's own App.
• Log-in on multiple devices simultaneously.
• Videos: Ability to also post videos in Alma Moments.

(2) Nature of the Service

The Provider owes the provision of the software for use via the Internet (Service Contract / Dienstvertrag). The Provider does not owe a specific result (Erfolg), in particular not the successful rescue of a person, the reaching of an emergency contact, or the timely delivery of a notification.

(3) Availability

The Provider strives for high availability of the App. However, constant or uninterrupted availability cannot be technically guaranteed. Downtimes due to maintenance, updates, or technical problems outside the Provider's sphere of influence do not justify any claims by the User.

(4) Changes

The Provider is entitled to change, expand, or restrict the functional scope of the App, provided this is reasonable for the User or necessary for good cause (e.g., security gaps, legal requirements). Further details are regulated in § 13 of these GTC.

§ 3 Requirements for Use and User Duties

(1) Minimum Age

Use of the App is only permitted for persons aged 16 and over.

(2) Registration & Security

The User is obliged to provide truthful information. The User is responsible for keeping their access data confidential.

(3) Technical Duties of Cooperation

The proper functioning of the App (especially the emergency notification) requires the User to ensure that:

a) The smartphone is switched on and has sufficient battery power.
b) The smartphone has an active internet connection.
c) The App has been granted all necessary permissions (Push, Location, Background Refresh).
d) Important: The operating system does not terminate the App through energy-saving modes. It is the User's responsibility to exempt the App from such measures ("Whitelisting").

(4) Integration of Emergency Contacts

a) The User generates an invitation link in the App and transmits it to the desired person on their own responsibility.

b) The User ensures that their emergency contacts are informed about how the App works and are willing to receive the notifications.

c) The emergency contact independently selects their preferred notification channel (In-App, E-Mail, WhatsApp, or Telegram) via a landing page and triggers a confirmation message, which they must actively confirm (Double-Opt-In).

d) Only after successful confirmation is the emergency contact activated and can be notified in an emergency.

e) The emergency contact can revoke their consent at any time – for In-App notifications via the App settings, for other channels via the unsubscribe link contained in every message.

f) Unredeemed invitation links expire automatically after 7 days.

(5) Prohibition of Misuse

It is prohibited to use the App for illegal purposes, to intentionally misuse Check-Ins (false alarms), to provide false information, or to violate the rights of third parties.

§ 4 User-Generated Content and Indemnification

(1) Responsibility

The User is solely responsible for content (texts, images, videos) that they publish.

(2) Granting of Rights

The User grants the Provider the simple right to store, process, and display the content to the selected recipients within the scope of the App's functionality.

(3) Indemnification

The User indemnifies the Provider against claims by third parties asserted due to illegal content or violations of these GTC, provided the User is responsible for the violation.

(4) Moderation and Reporting

The Provider is entitled to remove content that violates these GTC or applicable law. Users can report illegal or inappropriate content via the reporting function in the App. In the event of repeated or serious violations, the Provider may temporarily or permanently suspend the User's account.

(5) Sanctions for Violations

In the event of violations of these GTC, the Provider reserves the right to take the following graduated measures:

1. Warning
2. Deletion of content
3. Temporary suspension of the account (up to 30 days)
4. Permanent suspension of the account
5. Termination without notice

The choice of measure depends on the severity and frequency of the violation. In the case of serious violations, immediate blocking may occur without prior warning. There is no right to a refund in the event of blocking or termination due to violations.

§ 5 Connect+ Subscription and Payment Terms

(1) Contractual Partner

The paid Connect+ Subscription is concluded directly via the respective App Store (Apple App Store or Google Play Store). The Provider provides the digital service (functions of the App); payment processing is handled by the App Store.

(2) Prices and Terms

Connect+ is available as a monthly or annual subscription. The current prices are displayed in the App Store before the subscription is concluded.

(3) Payment & Termination

• Billing takes place via the payment system of the App Store.
• The subscription automatically renews for the selected term unless it is canceled via the settings of the respective App Store at least 24 hours before the end of the current term.
• The Provider has no access to payment data and cannot cancel or manage subscriptions for the User.

(4) Free Trial Phase

Connect+ may include a free trial phase (e.g., 14 days). After the trial phase expires, the subscription automatically converts into a paid subscription unless it is canceled in time via the App Store in accordance with paragraph (3). The User will be informed of this automatic conversion before the start of the trial phase.

§ 6 Right of Withdrawal and Refunds

(1) The paid Connect+ Subscription is concluded and billed via the Apple App Store or Google Play Store.

(2) Any rights of withdrawal and refund regarding the purchase process and billing are governed by the terms and processes of the respective App Store operator. Please contact Apple or Google directly for a withdrawal or refund.

(3) Irrespective of this, the statutory rights of the users (e.g., in the case of defects in digital services pursuant to §§ 327 et seq. BGB [German Civil Code]) remain unaffected. If you have questions about the functionality of Connect+ or the use of the App, you can contact our support at any time (support@alma-app.eu).

(4) Expiry of the Right of Withdrawal for Digital Content: The statutory right of withdrawal for digital content may expire prematurely if the User explicitly agrees that the Provider begins contract performance (provision of the digital service) before the expiry of the 14-day withdrawal period, and the User confirms their knowledge that they lose their right of withdrawal by giving this consent.

(5) Additional Rights for Users in the United Kingdom:If you are a consumer in the United Kingdom, your statutory rights under the Consumer Rights Act 2015 (in particular Part 1, Chapter 3 regarding digital content) and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 remain unaffected. Nothing in these GTC limits or excludes any rights that cannot be limited or excluded under applicable UK law.

§ 7 Remote Setup

(1) Function

The App offers Connect+ Users the possibility to grant another person ("Trusted Person") temporary administrative access to their App settings by generating a time-limited access code.

(2) Use by Helpers

The function for entering this access code and carrying out the configuration is available to all users (including users of the free Basic Version).

(3) Responsibility

• The User generating the code is aware that they are granting the Trusted Person extensive rights (e.g., changing emergency contacts, Check-In times, emergency information).
• The access code must be treated confidentially and may only be passed on to trustworthy persons.
• The User is obliged to immediately revoke or regenerate an access code as soon as misuse is suspected or the relationship of trust with the person concerned ends.

(4) Change Notification

The User will be informed via push notification when changes are made to their settings via Remote Setup.

(5) Liability

The Provider provides the technical infrastructure for Remote Setup. The Provider is not liable for actions of the Trusted Person (e.g., incorrect settings, unwanted changes), provided the Provider is not responsible for these actions. The statutory regulations on liability, in particular pursuant to § 8, remain unaffected.

§ 8 Liability

(1) Unlimited Liability

The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body, or health, as well as under the German Product Liability Act (Produkthaftungsgesetz). For users in the United Kingdom, nothing in these GTC shall exclude or limit the Provider's liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the Consumer Rights Act 2015.

(2) Cardinal Duties

In the event of slight negligence in the breach of an essential contractual obligation (Cardinal Duty), the Provider is liable largely; in this case, liability is limited to the foreseeable, typically occurring damage. Cardinal duties are those obligations the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the User may regularly rely.

(3) Limited Liability

Otherwise, the Provider is liable for slight negligence only insofar as liability is mandatorily prescribed by law.

(4) Disruptions from the User's Sphere or Third Parties

The Provider is not liable for disruptions or damages originating from the sphere of responsibility of the User or third parties, provided the Provider is not responsible for them. This concerns in particular:

• Technical problems on the User's side (e.g., empty battery, missing internet connection, deactivated permissions, energy-saving modes).
• Failures or malfunctions of third-party services (e.g., E-Mail providers, WhatsApp, Telegram, Push services, Cloud providers).
• Misconduct, unavailability, or delayed reaction of emergency contacts.
• Incorrect entries or configurations by the User or their Trusted Person (Remote Setup).
• Force majeure, in particular natural disasters, pandemics, war, terrorist attacks, official orders, or large-scale power failures.
• Cyberattacks, DDoS attacks, or other IT security incidents caused by third parties, provided the Provider has taken appropriate security measures according to the state of the art.
• Changes, restrictions, blockages, or failures by the operators of the App Stores (Apple, Google) or their interfaces and APIs.

(5) Note on the Nature of the Service

The Provider provides a service (provision of software). No specific result is owed, in particular not the successful rescue of a person, the reaching of an emergency contact, or the timely delivery of a notification. The Preamble to these GTC contains important information regarding the classification of the App.

(6) Liability Caps

Insofar as the liability of the Provider is limited to the foreseeable, typically occurring damage pursuant to Para. 2, the following maximum limit additionally applies:

• For free use: maximum 100 EUR
• For Connect+ Subscription: maximum twelve times the monthly subscription fee, but no more than 500 EUR.

This limitation does not apply to damages resulting from injury to life, body, or health.

(7) Limitation Period

Claims of the User against the Provider expire within one year from knowledge or grossly negligent ignorance of the circumstances giving rise to the claim, but at the latest three years after the breach of duty. This does not apply to claims resulting from injury to life, body, or health, in cases of intent or gross negligence, or under the Product Liability Act.

§ 9 Warranty and Statutory Rights for Defects

(1)

The statutory warranty rights for digital products apply to the App and the Connect+ Subscription. For users in Germany and the EEA, these are governed by §§ 327 et seq. BGB (German Civil Code) and applicable local consumer protection laws. For users in the United Kingdom, the relevant statutory rights are those provided under Part 1, Chapter 3 of the Consumer Rights Act 2015 (digital content rights), including the right to repair or replacement, and the right to a price reduction where digital content does not conform to the contract.

(2) Updates

The Provider provides updates to the extent required by law, which are necessary to maintain the conformity and security of the App. The User is informed about available updates and is obliged to install provided updates within a reasonable time, provided their installation is reasonable. If the User fails to install a provided update, the Provider is not liable for defects that are solely attributable to the lack of this update.

(3) Free Basic Version

For the free use of the App (Alma Moments without Connect+), the statutory provisions for the provision of digital products apply. Liability for defects is governed by the relevant statutory provisions.

(4) Availability

The Provider strives for high availability of the App. Uninterrupted availability cannot be guaranteed for technical reasons. Statutory claims in the event of defects remain unaffected by this.

(5) Definition of Defect

A defect of the App exists in particular in the event of:

• Systematic failure to trigger alarms in case of a missed Check-In, although all technical requirements on the User's side are met and the App has displayed no warnings.
• Systematic failure to deliver notifications to activated emergency contacts, provided the cause lies within the Provider's area of responsibility.
• Permanent non-functionality of core functions (Check-In, emergency contact management, alerting).

(6) No Defect

No defect exists in the event of:

• Disruptions attributable to circumstances pursuant to § 8 Para. 4.
• Disruptions due to non-observance of the technical duties of cooperation (§ 3 Para. 3), in particular if the App has displayed warning notices.
• Isolated, non-systematic delays in notification delivery.
• False alarms due to incorrect configuration by the User or their Trusted Person.
• Changes or removal of additional functions, provided the core functionality is preserved.

§ 10 Intellectual Property

All rights to the App (software, design, brand "Alma") belong to the Provider. The User is granted a simple, non-transferable right to use the App on their end devices for the duration of the contractual relationship. Redistribution, decompilation (except in cases expressly permitted by law), or commercial exploitation is prohibited.

§ 11 Data Protection

The processing of personal data takes place in accordance with the General Data Protection Regulation (GDPR). For users in the United Kingdom, the UK GDPR and the Data Protection Act 2018 additionally apply. For users in Switzerland, the Swiss Federal Act on Data Protection (FADP/DSG) additionally applies. For users in other countries not subject to the GDPR, processing is governed by the respectively applicable national data protection laws; in all cases, the Provider applies at least the level of protection afforded by the GDPR. Details are regulated in the separate Privacy Policy, which is viewable in the App and on the Website. Primary data storage takes place on servers in the European Union (Region Frankfurt am Main).

§ 12 Blocking and Termination

(1) Blocking

The Provider may block access in the event of violations of these GTC (e.g., misuse of the emergency call function).

(2) Deletion by the User

The User can delete their account at any time in the settings. After a security period of 30 days (for restoration in case of accidental deletion), the data will be irrevocably deleted.

(3) Subscription Cancellation

Deleting the App account does not automatically terminate the subscription in the App Store. This must be canceled separately.

(4) Ordinary Termination by the Provider

The Provider may terminate the contractual relationship with notice:

• towards users of the free version with a notice period of 4 weeks to the end of the month,
• towards Connect+ users with a notice period of 3 months to the end of the month.

Termination occurs in particular in the event of discontinuation of the service or for important economic or legal reasons. The User will be informed via E-Mail or In-App message. Connect+ users will receive a pro-rata refund of fees already paid for the period that can no longer be used.

§ 13 Changes to the GTC and the Digital Service

A) Changes to these GTC

(1) The Provider may change these GTC with effect for the future if there is a valid reason for doing so (e.g., changes in the law, changes in case law, security reasons, technical developments) and the change is reasonable for the User, taking into account the interests of the Provider.

(2) Changes affecting the essential content of the contract – in particular fees, core functions of Connect+, or main performance obligations – do not take place by way of deemed consent but require the express consent of the User.

(3) The User will be informed of intended changes in text form (e.g., E-Mail or In-App message) at least 4 weeks before the planned entry into force. The User can object to the changes until the planned entry into force.

(4) If the User does not object within the period and continues to use the App after the changes come into force, this is deemed consent to the changed GTC. The Provider will expressly point out this legal consequence as well as the possibility of objection and termination in the notification of change.

(5) If the User objects to the changes, the contractual relationship continues under the previous conditions. In this case, the Provider may terminate the contractual relationship with notice, provided continuing it under the previous conditions is unreasonable for the Provider.

B) Changes to the Digital Service (Functional Changes)

(6) The Provider may change or further develop the functional scope of the App insofar as:

• there is a valid reason for the change (e.g., security gaps, technical necessities, legal requirements, further development),
• no additional costs arise for the User as a result, and
• the User is clearly and understandably informed about the change.

(7) If a change leads to a not insignificant impairment of the usability for the User, the User may terminate the contractual relationship within 30 days after becoming aware of the change, unless the Provider has enabled the User to access the previous version without additional costs.

§ 14 Final Provisions

(1) Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG). Mandatory consumer protection regulations of the state in which the User has their habitual residence remain unaffected. In particular:

For users habitually resident in a Member State of the European Economic Area (EEA), mandatory consumer protection provisions of that Member State apply in addition to or, where they provide greater protection, in place of German law.

For users habitually resident in the United Kingdom, mandatory provisions of UK consumer protection law apply, including but not limited to the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

(2) Contract Language

These GTC are available in German and English as binding versions. The German version governs the contractual relationship with users whose App language is set to German. The English version governs the contractual relationship with all other users.

Where the App displays these GTC in any other language, this is a machine translation provided for convenience only. In the event of any inconsistency between a machine translation and the applicable binding version (German or English), the binding version shall prevail.

(3) Place of Jurisdiction

The place of performance is Berlin. For disputes with entrepreneurs (B2B), the place of jurisdiction is Berlin.

(4) Severability Clause

Should individual provisions of these GTC be or become ineffective, the validity of the remaining provisions remains unaffected. The ineffective provision shall be replaced by the statutory provisions.

(5) Dispute Resolution

For users in the EEA: The European Commission provides a platform for Online Dispute Resolution (ODR): https://ec.europa.eu/consumers/odr.

For users in the United Kingdom: Information about alternative dispute resolution is available from the UK's Citizens Advice service at www.citizensadvice.org.uk.

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board or an alternative dispute resolution (ADR) entity.

(6) Assignment

The User is not entitled to assign rights or claims from this contract to third parties without the prior written consent of the Provider. The Provider is entitled to transfer its rights and obligations to third parties within the framework of a company transfer or restructuring; the User will be informed of this.

§ 15 Additional Provisions for Users Outside Germany

(1) Supervisory Authorities

Users in the EEA may lodge complaints regarding data protection with the supervisory authority in their country of habitual residence, their place of work, or the place of the alleged infringement. A list of supervisory authorities is available at https://edpb.europa.eu.

Users in the United Kingdom may lodge complaints with the Information Commissioner's Office (ICO): https://ico.org.uk.

(2) UK Representative

In accordance with Article 27 of the UK GDPR, the Provider's representative in the United Kingdom for data protection matters is: [Name and contact details of UK representative to be inserted].

(3) International Data Transfers

Where personal data is transferred outside the European Economic Area, appropriate safeguards are in place as described in the Privacy Policy. For transfers from the United Kingdom, the Provider relies on the UK International Data Transfer Agreement (IDTA) or the UK Addendum to the EU Standard Contractual Clauses, as applicable. For transfers involving users in Switzerland, the Provider complies with the requirements of the Swiss Federal Act on Data Protection (FADP/DSG).

(4) ePrivacy and Electronic Communications

The Alma App accesses certain device functions (such as push notifications, location services, and background activity) that may be subject to national laws implementing the ePrivacy Directive (2002/58/EC) in EEA Member States. In the United Kingdom, the Privacy and Electronic Communications Regulations 2003 (PECR) apply. The App requests user consent for such access where required by applicable law.

(5) Unfair Terms

Nothing in these GTC is intended to create an unfair term within the meaning of the Consumer Rights Act 2015 (Part 2) for users in the United Kingdom, or within the meaning of the Unfair Contract Terms Directive (93/13/EEC) as implemented in EEA Member States. To the extent any provision is found to be unfair under applicable law, it shall not bind the consumer, but the remainder of these GTC shall continue to apply.

(6) Users Outside the EU/EEA, UK, and Switzerland

For users in countries not covered by the GDPR, UK GDPR, or Swiss FADP, the Provider applies the same technical and organisational measures as for users within the GDPR's scope. Mandatory consumer protection and data protection provisions of the user's country of habitual residence remain unaffected.

§ 16 Contact

Bastian Matzen Alma Softwareentwicklung (Sole Proprietorship)
Kienitzer Str. 113
12049 Berlin
Germany

E-Mail: support@alma-app.eu
Data Protection: privacy@alma-app.eu
Website: www.alma-app.eu