Terms of Service

Ria is a platform with which life stories can be preserved and shared, the exchange between generations is strengthened, and support for the daily life of older people is provided. The following terms of use govern the basic rights and obligations in connection with the use of our app and the functions accessible and usable via it. For reasons of better readability, the differentiated use of different language forms is omitted. All designations of persons apply equally to all genders male/female/diverse.

Subject Matter of the Terms of Use

The subject matter is the regulation of the rights and obligations of the user in connection with the temporary provision (hereinafter also referred to as “subscription”) of the Ria application (hereinafter also referred to as “app”) by Ria Companion App GmbH. Further details and contact options can be found in the app and our imprint/legal notice.

The specific content, scope, and nature of the app as well as the functions available through it are governed by the functional description, available on the website www.Ria-care.de.

Note

The Ria app is not a medical product. The use of the app is at your own responsibility. The services and information offered within the framework of the app do not constitute medical or clinical advice. They also do not represent a substitute for a medical examination or treatment.

Registration and Term

Users of the app are the storyteller, the administrator (“admin”) of the storyteller’s profile and account, and the other users of the storyteller profile from the family/friends circle (mostly but not exclusively family members). Collectively, these are hereinafter referred to as “users”.

The admin of a storyteller account (this can also be the storyteller themselves) must first register via the app. They act as the account holder and manager of the storyteller profile and can subsequently log in using the access data. Via their admin account, the admin can create the desired (other) users of the storyteller profile in the app and manage their access. The admin is responsible for selecting the payment modalities and entering the correct data for processing the payment of the subscription as part of the setup of the account. Termination of the subscription and the associated use of Ria is possible on a monthly basis at the end of a month. The right to terminate for good cause remains unaffected.

Any termination must be in text form and can be declared in the app via the “Cancel Subscription” function.

Special Rights and Obligations

The respective access credentials may only be used by the authorized user in each case. You are obligated to keep the access credentials secret and protect them from unauthorized access by third parties. In case of suspected abuse by an unauthorized third party, the user shall immediately inform Ria. As soon as Ria becomes aware of the unauthorized use, Ria will block access for the unauthorized user. Ria reserves the right to change a user’s access credentials; in such a case, Ria will inform the user immediately.

The admin warrants that the information provided by them during the registration process is true and complete.

The storyteller’s account and all stored data of the user will be deleted no later than six (6) months after the termination of the subscription. The admin of the account has the option to download the storyteller’s stories beforehand. Data that Ria is legally obligated to retain or in whose retention there is a legitimate interest, e.g., to prevent re-registration after a justified blocking, remain unaffected by deletion. We also reserve the right to continue to retain aggregated and anonymous usage data generated through usage even after the end of the contract.

If users violate the terms of use, Ria may block access to the app in whole or in part to the extent necessary until compliance with the contract is expected again.

Users must not post or upload any texts, images, or other content in the app that violate statutory provisions and regulations, these terms of use, rights of third parties, or public decency. Under no circumstances does Ria adopt this content and data as its own. Users are responsible for all data and information entered or provided via the app. Ria will neither review nor evaluate the content of the data and information, nor is Ria legally obligated to do so.

Users are obligated to refrain from any actions that endanger the secure operation of the app or that otherwise go beyond the intended use of the app.

Prices and Payment Terms

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

Special Information for the Use of Artificial Intelligence

In connection with our app and the functions accessible and usable via it, components of artificial intelligence (hereinafter “AI”) may be used. In addition to the voice- and text-based input of information (or, e.g., life stories), the storyteller can communicate via a natural-language chat within the app. Through this, storytellers can, for example, tell stories, share memories, and make inquiries. Their contents are made available to the Large Language Model (hereinafter referred to as “LLM”) used by Ria, so that the storyteller’s life story can be documented and inquiries can be answered using this information. Through this, inquiries can be made and documents, images, and voice messages can be uploaded. Their contents are made available to the LLM so that the storyteller’s questions can be answered using this information. For this purpose, we use in particular a corresponding chatbot that interacts with the respective storyteller as part of the dialogue and asks individual questions. In addition, with the help of the AI, assistance in daily topics is to be provided to storytellers or personal memories are to be set up and communicated via the app.

In addition, we use applications within the app to technically and contentwise improve our services and offers, adapt them individually to the needs of users, make processes more efficient, and develop novel solutions.

However, the LLM integrated in the app is not trained by the interactions with the storyteller and the data and information entered during these. The provided data and information will not be passed on to third parties. Users registered in other storyteller accounts or other third parties cannot access the data based on the specific information and life stories provided by the storyteller and their network members.

Users are advised that the technology underlying AI makes predictions based on mathematical calculations and statistical probabilities, based on the information and content entered in each case. As a result, content, questions, and suggestions generated by the AI as output may contain errors, inaccuracies, or misleading information. For these reasons, the outputs provided with AI during the use of our app and the functions accessible via it are always to be considered as non-binding suggestions and questions.

Ria reserves the right to evaluate the questions and content generated by the AI or with the help of the AI solely for purposes of quality assurance and technical analysis. A personalized or person-related evaluation or linking of data of the user or applicant is excluded. Any evaluation is therefore always anonymized.

Rights to the Data and Content

Ria does not claim ownership of the information and data (i.e. the respective life stories) that the storyteller and the users registered in their storyteller account transmit or create via the app. If and to the extent that Ria wishes to evaluate and/or analyze information and data in anonymized or aggregated form (e.g., for scientific studies), the corresponding consent of the user is always required beforehand.

The user merely grants Ria the right to use the information and data (i.e. the respective life stories) for the purpose of providing the respective storyteller account and the app with its functionalities, this right being limited to the duration and existence of the respective storyteller account.

Users, in particular the admin, are not entitled to make the app available to third parties for use for a fee or free of charge. Subletting the app is also not permitted.

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 impact on users is kept to a minimum.

Liability

The content and data of users do not reflect the opinion of Ria and are not checked by Ria for legality, accuracy, and completeness.

For the use of AI, we would like to emphasize that it only provides decision suggestions with variable confidence 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 non-linear rules. Ria strives to use methods and techniques to guarantee the reliability and general validity of the AI in the best possible way. It is up to the user to decide whether and to what extent decision suggestions or communication content of the AI are adopted and resulting individual measures are derived.

Any warranty and/or liability claims based on decisions and/or advice or recommendations and/or the resulting consequences are therefore excluded.

Ria is also liable according to statutory provisions for intent and gross negligence. The same applies to the assumption of guarantees or other assumption of strict liability as well as for claims under the Product Liability Act or in the event of a culpable injury to life, body, or health. Ria is also liable in principle for simple negligent breaches of material contractual obligations caused by Ria, its representatives, executive employees, and other vicarious agents, i.e., those obligations on whose fulfillment the user regularly relies and may rely for the proper execution of the contract, in this case, however, limited in amount to the typically occurring, foreseeable damage. Any further liability of Ria is excluded.

To the extent that the liability of Ria is excluded or limited, this also applies in favor of the personal liability of its legal representatives, executive employees, and other vicarious agents.

Users indemnify Ria from all claims asserted by third parties against Ria due to an infringement of their rights by data and other content posted by the storyteller and/or the users registered in their storyteller profile, or due to their other use of the app.

Data Protection and Data Security

All parties are responsible for complying with the relevant statutory provisions, in particular those regarding data protection. In addition, Ria undertakes to take and maintain the necessary technical and organizational measures as well as the necessary security precautions within its organizational area to protect personal data from unauthorized use, unauthorized access, unauthorized disclosure, unauthorized modification, and unauthorized destruction. For the rest, reference is made to Ria’s privacy policy.

All parties indemnify each other from all claims resulting from unlawful processing of personal data or disregard of data protection obligations (e.g., information).

Right of Withdrawal

Consumers have a statutory right of withdrawal.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reasons. The withdrawal period is fourteen (14) days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unequivocal statement. For this purpose, please contact us directly via the app or by email to info@Ria-care.de. To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences 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.

Special Notes on the Right of Withdrawal

The right of withdrawal expires in the case of contracts for the provision of digital content not on a tangible medium, in the case of a contract that does not oblige the user to pay a price if the entrepreneur has begun performance of the contract, and in the case of a contract that obliges the consumer to pay a price if a) the entrepreneur has begun performance of the contract, b) the consumer has explicitly agreed that the entrepreneur begins performance of the contract before the expiry of the withdrawal period, c) the consumer has confirmed their knowledge that their consent under letter b) causes their right of withdrawal to expire upon the start of performance of the contract, and d) the entrepreneur has provided the consumer with confirmation in accordance with statutory requirements.

End of Instructions on Withdrawal

Final Provisions

The law of the Federal Republic of Germany shall apply, excluding 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 country 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 shall also apply, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.

If, at the time of entering into the contract, you have your residence or habitual abode in Germany and have either relocated from Germany by the time the action is brought by us or the residence or habitual abode is unknown at that time, the place of jurisdiction for all disputes shall be our company’s registered office in Cologne.

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board under the German Consumer Dispute Resolution Act (VSBG).