Terms of Service

1. Subject of the Terms of Service

1. The subject matter is to regulate the rights and obligations of the User in connection with the temporary provision (hereinafter also referred to as the "Subscription") of the Ria Application (hereinafter also referred to as the "App") by the company Fell Ventures 1 GmbH. Further details and contact options can be found in the app and in our imprint.
2. The specific content, scope and nature of the app as well as the functions available via it are regulated in the function description, which can be accessed on the website www.ria-care.de.

2. Advice

1. The Ria App is not a medical device. The use of the app is at your own risk. The services and information offered within the framework of the app are neither medical nor medical advice. Nor are they a substitute for a medical examination or treatment.

3. Registration and Duration

1. The user must first register via the app. He acts as the account holder and can then log in with the help of the access data. Via the respective user profile, the user can create the desired (further) users of the app and manage their access. It is possible to terminate the subscription and the associated use of Ria on a monthly basis at the end of each month. The right to terminate for good cause remains unaffected.
2. Each cancellation must be in text form and can be explained in the app via the "Cancel Subscription" function.

4. Special rights and obligations

1. The respective access data may only be used by the respective authorized user(s). You are obliged to keep the access data secret and to protect it from unauthorized access by third parties. In the event of suspicion of misuse by an unauthorized third party, the User will inform Ria immediately. As soon as Ria becomes aware of the unauthorized use, Ria will block the access of the unauthorized user. Ria reserves the right to change a user's login credentials; in such a case, Ria will inform the User immediately.
2. The User is responsible for ensuring that the information provided by him during the registration process is true and complete.
3. The User's account and all data stored for it will be deleted no later than six (6) months after the cancellation of the subscription. The user has the option of downloading his data beforehand. Data that Ria is legally obliged to retain or in which there is a legitimate interest, e.g. to prevent a new login after a justified blocking, remains unaffected by the deletion. We also reserve the right to retain aggregated and anonymous data generated by the use of the contract even after the end of the contract.
4. If the User(s) violate the Terms of Use, Ria may block access to the App in whole or in part to the extent necessary until it can be expected to be used again in accordance with the contract.
5. Users may not post or upload any texts, images or other content in the App that violate legal provisions and regulations, these Terms of Use, the rights of third parties or common decency. Ria does not adopt this content and data as its own under any circumstances. Users are responsible for all data and information entered or provided via the App. Ria will neither check the content and evaluate the content of the data and information, nor is Ria legally obliged to do so.
6. Users are obliged to refrain from any actions that endanger the secure operation of the App or that otherwise go beyond the intended use of the App.

5. Prices and payment terms

The prices and billing modalities, including the respective payment method, can be found on the Ria website or the app and are presented as part of the registration and onboarding process (e.g. also in the respective app store).

6. Special Notes for the Use of Artificial Intelligence

1. In connection with our app and the functions that can be accessed and used via it, components of artificial intelligence (hereinafter referred to as "AI") may be used. In addition to the verbal and text-based input of information ( e.g. life stories), the user can communicate via a natural language chat within the app. This can be used to tell stories, share memories and make requests, for example. Their content is made available to the Large Language Model (hereinafter referred to as "LLM") so that the user's life history can be documented and user inquiries can be answered with the help of this information. This can be used to make inquiries and upload documents and voice messages. Their content is made available to a so-called large language model, i.e. the AI, so that user inquiries can be answered with the help of this information. To do this, we use a corresponding chatbot in particular, which interacts with the respective users as part of the dialogue and asks individual questions. In addition, the AI will be used to provide users with assistance in everyday topics or to set and communicate personal reminders via the app.
2. In addition, we use applications within the app to improve our services and offers in terms of technology and content, to adapt them individually to the needs of users and users, to make processes more efficient and to develop new solutions.
3. However, the LLM integrated in the app is not trained by the interactions with the user and the data and information entered in the process. The data and information provided will not be disclosed to third parties: other users or third parties will not be able to access the data based on the specific information (or life stories) provided by the user or user.
4. The user is advised that the underlying technology of an AI makes predictions based on mathematical calculations and statistical probabilities, based on the information and content entered. As a result, any content, questions and suggestions generated by the AI and created with its help may contain errors, inaccuracies and misleading information as outputs. For these reasons, the outputs delivered in the context of the use of our app and the functions with AI that can be accessed via it are always to be regarded as non-binding suggestions and questions.
5. Ria reserves the right to evaluate the questions and content generated by the AI solely for the purposes of quality assurance and technical analysis. A personalized or personal evaluation or linking of data of the user is excluded. Any evaluation is therefore always anonymous.

7. Rights to data and content

1. Ria does not claim ownership of the information and data (i.e. the respective life stories) that the User transmits or creates via the App. If and to the extent that Ria wishes to evaluate and/or analyse information and data in anonymised or aggregated form (e.g. for scientific studies), the corresponding consent of the user is always required in advance.
2. The User only grants Ria the right to use the information and data (i.e. the respective life stories) for the purpose of providing the respective User Account and the actual App, whereby this right is limited to the duration and existence of the respective User Account.
3. The User is not entitled to make the App available to third parties for use for payment or free of charge. Re-renting the app is also not permitted.

8. Availability

In order to maintain the service with consistent quality, recurring maintenance work on the app is necessary. Maintenance work that may affect availability is usually announced in good time and carried out in such a way that the disruption to users is kept as low as possible.

9. Liability

1. The content and data of users do not reflect the opinion of Ria and are not checked by Ria for their legality, accuracy and completeness.
2. For the use of AI, we would like to emphasize that they only make decision proposals with variable certainty or probability and can never evaluate all data 100% error-free. These suggestions and/or questions are based on the sample data used as well as available data and may reflect complex nonlinear rules. Ria strives to use methods and techniques to ensure the reliability and universality of AI in the best possible way. It is up to the user to decide whether and to what extent decision proposals or communication content of the AI are adopted and the resulting individual measures are derived.
3. Any warranty and/or liability claims based on decisions and/or indications or recommendations and/or the resulting consequences are therefore excluded.
4. Ria is liable for intent and gross negligence in accordance with the statutory provisions. The same applies to the assumption of guarantees or other assumption of strict liability as well as to claims under the Product Liability Act or in the event of culpable injury to life, limb or health. Ria shall also be liable on the merits for simple negligent breaches of material contractual obligations caused by Ria, its representatives, executives and other vicarious agents, i.e. those duties on the fulfilment of which the User regularly relies and may rely for the proper execution of the contract, but in this case limited in amount to the typically occurring, foreseeable damage. Any further liability on the part of Ria is excluded.
5. To the extent that Ria's liability is excluded or limited, this shall also apply to the personal liability of its legal representatives, executives and other vicarious agents.
6. The User shall indemnify Ria against all claims asserted by third parties against Ria due to a violation of their rights by data and other content posted by the User or User or due to the User's other use of the App.

10. Data protection and data security

1. All parties involved are responsible for complying with the relevant legal provisions, in particular those of the EU General Data Protection Regulation. Ria also undertakes to implement and maintain the necessary technical and organizational measures as well as the necessary security precautions in its organizational area to protect personal data from unauthorized use, unauthorized access, unauthorized disclosure, unauthorized modification and unauthorized destruction. In addition, reference is made to Ria's data protection information.
2. All parties involved mutually indemnify each other against all claims resulting from unlawful processing of personal data or disregard of data protection obligations (e.g. information).

11. Withdrawal

Consumers have a statutory right of withdrawal.

12. Final provisions

1. The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods if you have your habitual residence in Germany or if your habitual residence is in a state that is not a member of the European Union. In the event that you have your habitual residence in a member state of the European Union, the applicability of German law also applies, whereby mandatory provisions of the country in which you have your habitual residence remain unaffected.
2. Insofar as you have your domicile or habitual residence in Germany at the time of conclusion of the contract and have either moved out of Germany at the time of the filing of the lawsuit by us or the domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes is the registered office of our company in Cologne.
3. We are not obliged and are not willing to participate in dispute resolution proceedings under the Consumer Dispute Resolution Act (VSBG).