General Terms and Conditions of tame GmbH for the Use of the headacy App

For reasons of readability, the masculine form is used throughout these General Terms and Conditions. All personal designations apply equally to all genders (male, female, diverse).

1. Scope

These are the General Terms and Conditions (“GTC”) of tame GmbH, Mainzer Strasse 20, 10247 Berlin, registered with the commercial register of the local court of Charlottenburg in Berlin under HRB 283771 (“headacy”) governing the use of the headacy application (“headacy App”).

headacy develops and distributes the headacy App, which provides user-focused content and digital features designed to support a mindful and balanced approach to managing migraine in everyday life and to promote personal well-being.

These GTC apply exclusively to customers of headacy (“Users”) who are natural persons of legal age (at least 18 years old) and who are consumers as defined in section 13 of the German Civil Code (BGB).

2. Conclusion of the Agreement

Once Users have downloaded the headacy App, they can create an account (“Account”) by clicking on “Register”. To activate the Account, a User must (i.) provide a valid email address, (ii.) their name or username, and (iii.) a password that meets the specified security requirements, or use a single sign-on compatible provider (such as Apple or Google – in which case the terms and conditions of the respective provider shall also apply) for registration and confirm their email address.

By activating his Account in accordance with section 2.1, the User confirms acceptance of these GTC and, if headacy provides free access to part of the services offered, enters into a free of charge contract with headacy for the use of the headacy App (the “User Agreement”) with limited functionality. In this case, following successful activation, the User will gain access to his Account and the opportunity to use headacy’s paid services. If headacy does not offer free access to the headacy App, the conclusion of the agreement shall be governed directly by sections 2.3 et seq. of these GTC.

If the User wishes to access additional features or make unrestricted use of the full headacy App, the User can choose from various paid options (e.g. scope of services, payment method, as described in the App) (“Subscription”).

The features and details of the Subscription displayed by headacy in the headacy App do not constitute a binding offer by headacy to enter into an agreement, but are intended to enable the User to submit a binding offer.

The Subscription selected by the User contains the terms of the User Agreement, namely in particular:

The relevant Subscription may have a minimum term.

Once the User has selected a Subscription and entered all the necessary details, he submits a legally binding offer to enter into the respective Subscription by clicking the button labeled “Buy now”, or labeled with similarly clear wording, in the relevant app store, and by confirming payment via the selected payment service provider.

headacy shall confirm receipt of the offer immediately in writing (via an automated email). If this confirmation includes an acceptance of the offer, the Subscription shall thereby be concluded. The time at which the User receives the acceptance shall be decisive for the conclusion of the Subscription.

Upon activation of the User Agreement in accordance with section 2.2 and/or the submission of an offer to conclude a Subscription by the User via the headacy App, headacy shall store the text of the agreement, including the relevant Subscription, and send it to the User in writing (by email) together with the acceptance and these GTC.

Before submitting a binding offer via the headacy App, the User may review and amend their details at any time.

The User Agreement is generally processed automatically, and communication is conducted via email. The User must ensure that the email address he has provided is valid and correct, and that he receives emails sent by headacy at this address. In particular, if using spam filters, he must ensure that all emails sent from “support@headacy.com” can be delivered.

3. Free Trial Periods and Voucher Codes

headacy may, at its discretion, grant Users a free trial period during which the features of selected Subscriptions are made available to Users free of charge for a specified period. In such cases, the agreement is concluded on the condition that the free trial period converts into a paid Subscription in accordance with Section 2 (Subscriptions), unless the User cancels it in due time before its expiry.

If the User cancels the free trial period in due time, no fees will be charged for that period. The duration of the trial period and the applicable notice period for cancellation are set out in the details of the User Agreement under section 2.5.

Where access to the headacy App is granted to a User under an agreement between headacy and a company (in particular the User’s employer) via a voucher code (“Corporate Agreement”), such access is provided to the User free of charge. Any fees for access via a voucher are payable exclusively by the relevant contracting party to the Corporate Agreement.

4. Object of the Agreement

headacy grants the User a non-exclusive, non-transferable, non-sublicensable right to use the headacy App during the term of the User Agreement to the extent agreed in such User Agreement.

The headacy App is provided to the User exclusively as a mobile app on an IT infrastructure operated or commissioned by headacy. The User is not entitled to the handover or installation of the headacy App or its source code, nor to the provision of a local copy.

If headacy expands the features, usage options and/or Subscription content available in the headacy App, it shall be at headacy’s discretion whether to make such enhancements available to the User free of charge or only for an additional fee.

In consideration for the use of the headacy App within the agreed scope, the User shall pay the agreed fee in accordance with Section 14.

5. Functions and Use of the headacy App

The features available in the headacy App depend on the specific Subscription.

The free version of the headacy App contains limited functionality and provides a preview of the paid Subscription, to an extent determined by headacy at its sole discretion.

headacy provides digital content and features via the headacy App to support Users with migraine management. The App does not constitute medical treatment, a medical service or medical advice and, in particular, does not replace diagnosis, therapy, advice or any other treatment by physicians or other qualified healthcare professionals. headacy does not make any representation or warranty that the information provided or the use of the App will lead to the alleviation, prevention or cure of any physical or mental conditions.

The App is not intended for the management of acute pain and is not an emergency or crisis service. In the event of acute symptoms, the emergency contact numbers provided in the headacy App must be contacted without delay. If Users feel physically or mentally unwell, or experience persistent or worsening symptoms, they should seek professional medical assistance, in particular from a qualified healthcare professional.

The User remains the owner of all data processed or generated in connection with their use of the headacy App.

The User hereby assigns to headacy, free of charge, all present and future rights, in particular all copyright, database rights, know-how and other intellectual property rights, in all feedback, suggestions, ideas for improvement, error reports, test data, user experiences and other feedback (collectively “Feedback”) generated by the User in connection with the use of the headacy App. To the extent that such a transfer is not possible under applicable law, the User grants headacy an exclusive, transferable, sub-licensable right to use the Feedback free of charge, without restriction as to time, territory or content.

6. Blog Posts and Content of the App

headacy creates or selects the content displayed in the headacy App with reasonable care. However, headacy does not provide any warranty as to the accuracy, completeness or timeliness of such content. headacy is entitled to modify, supplement or remove content at any time, provided that essential contractual obligations under the User Agreement are not affected. To the extent that content includes links, embedded content or contributions from third parties, the respective providers shall be solely responsible for such content. headacy does not adopt such third-party content as its own.

7. (Health) Data from Third-Party Providers

If available, the App can be connected to services such as Apple Health (HealthKit) or Health Connect/Google Fit and other third-party providers to display or analyse health and activity data (e.g. steps, workouts, heart rate, sleep) within the App. Access is granted only if Users expressly authorise it in the relevant system settings. Authorisation can be granted separately for each data category.

The connection to Apple Health, Health Connect, Google Fit or other third-party providers can be deactivated by the User at any time in the respective system settings. Any consent given may be withdrawn at any time with effect for the future. Upon deactivation or withdrawal, no further access will be made to the data referred to in Section 7.1. The processing of data by third-party providers is subject to their respective terms of use and privacy policies.

Further information can be found in the headacy Privacy Policy.

8. User’s Obligations

The User is obliged to:

In particular, the User must not:

The User shall indemnify headacy against all claims by third parties arising from a culpable breach of the obligations set out in sections 8.2(c) and 8.2(d). Breaches of these obligations entitle headacy to block access to the headacy App in whole or in part and/or to terminate the User Agreement without notice for good cause in accordance with section 16.2, provided that the User is responsible for the breach. Any further claims by headacy remain unaffected.

headacy may monitor and, where necessary, enforce the proper and contractual use of the headacy App by means of appropriate technical measures in accordance with data protection regulations; this may include, for example, restricting or blocking access, or deleting content entered by the User that violates applicable law or these GTC. headacy also reserves the right to change the User’s access details for security reasons. In such cases, headacy will inform the User immediately.

The User shall report any defects in the headacy App to headacy immediately, providing as much detail as possible and in a clear and comprehensible manner. headacy will rectify duly reported defects within a reasonable period of time. No defect exists where the impairment results from circumstances beyond headacy’s control (e.g. internet disruptions, the User’s IT environment or improper use).

9. User Content and Processing Results

During the onboarding process and at any time thereafter, Users have the option to provide information about themselves (personal details, medication) or to create additional content (diary entries, notes, etc.) when using the headacy App (collectively referred to as “User Content”).

headacy is under no obligation to verify the accuracy, quality or lawfulness of User Content submitted to headacy by the User prior to processing.

The User is solely responsible for the accuracy, quality and lawfulness of the User Content, and for its lawful use. The User warrants that he holds the necessary rights and/or consents to make the User Content available to headacy for the purpose of fulfilling the User Agreement. The User indemnifies headacy against all claims by third parties arising from any culpable breach of these obligations.

headacy may use external service providers and third-party models that utilise artificial intelligence (“AI Models”) to process User Content within the headacy App.

The User is aware that third-party AI models may produce incorrect, incomplete or unsuitable results (“Processing Results”). headacy makes no guarantee or warranty as to the accuracy, completeness or suitability of the Processing Results based on processing by AI Models. The User is obliged to independently verify the processing results prior to their use and bears sole responsibility for their use. Where headacy uses such third-party providers, the Privacy Policy sets out the purpose and scope of such use.

Any Processing Results generated or personalised by AI Models, including any advice, recommendations, instructions or other statements contained therein, are produced automatically and are based solely on the information provided by the User and on statistical models. Processing Results are generated without individual review by qualified professionals and may, in individual cases, be inaccurate, incomplete, misleading or unsuitable for the User’s personal circumstances. Processing Results do not constitute professional advice and are expressly not to be understood as instructions for action of any kind.

10. Illegal User Content; Reporting Criminal Actions

If headacy has reason to believe that the User is transmitting User Content to headacy that is illegal or violates the provisions of these GTC, headacy may immediately delete such User Content and/or suspend the User’s Account and/or terminate the User Agreement for cause in accordance with section 16.2. In this case, headacy shall explain to the User by email why the User Content uploaded by the User has been classified as illegal or as a breach of these GTC. This explanation shall include:

headacy will immediately forward to the relevant law enforcement authorities any information giving rise to a suspicion that a criminal action posing a threat to the life or safety of another person has been committed, is being committed, or could be committed, and will provide all available relevant information.

11. Notification and Remedy Procedures

Users can contact headacy at support@headacy.com to report illegal content.

headacy reviews all incoming reports and makes decisions regarding the reported content promptly, carefully and objectively. If headacy concludes that the content is illegal, it will remove it immediately and take any further necessary action.

Upon receipt of a report in accordance with section 11.1, headacy will immediately inform the User who reported the illegal content in accordance with section 11.1 that the report has been received, via the email address provided, and will notify the User of the decision regarding the reported information.

12. Modifications to the headacy App

headacy is entitled to update, expand or otherwise modify the headacy App at any time in order to improve its functionality, enhance security or bring the headacy App into line with the latest technological standards and legal or regulatory requirements. Such modifications may be carried out as part of updates or upgrades and may temporarily restrict the availability of the headacy App.

For paying Users who have concluded a Subscription in accordance with section 2.7, any modifications shall not result in these Users no longer having access to the originally agreed features, or having access to them only in a significantly restricted manner.

13. Liability and Indemnification

headacy shall be liable without limitation for wilful misconduct and gross negligence on the part of headacy, its agents and legal representatives. However, in the case of simple negligence, liability shall apply only where essential contractual obligations have been breached. Essential contractual obligations are those obligations the fulfilment of which are essential for the proper performance of the User Agreement and on the observance of which the User may reasonably rely.

Liability for the breach of an essential contractual obligation shall be limited to the damage typical for this type of agreement and foreseeable to the User at the time of conclusion of the User Agreement on the basis of the circumstances known at that time.

Liability without fault pursuant to section 536a(1) of the German Civil Code (BGB) for defects in the headacy App existing at the time the User Agreement is concluded is excluded, unless the defect concerns a characteristic of the headacy App that is essential for its performance.

headacy shall only be liable for the loss of data if such loss could not have been avoided even if the User had performed proper data backups.

The above limitations of liability do not apply in the event of the assumption of express warranties, in the case of claims arising from the failure of warranted characteristics, in cases of fraud, or in respect of damages resulting from injury to life, limb or health. Liability under the Product Liability Act also remains unaffected.

This liability provision also applies in favour of headacy’s legal representatives and vicarious agents if claims are brought directly against them.

14. Payment and Payment Terms

In consideration for the use of a Subscription to the headacy App, the User shall pay the fee specified in the respective Subscription.

All prices include the applicable VAT.

Unless otherwise agreed, payments must be made in advance for the period selected in the Subscription.

To the extent Users acquire a Subscription or make in-app purchases via a third-party provider (such as the Apple App Store or Google Play), payment processing is handled exclusively by the relevant third-party provider. Billing and any refunds are subject to the terms and procedures of the relevant app store.

If the User is in default of payment, headacy is entitled to temporarily suspend the User’s access to the headacy App until the outstanding amount has been paid in full. This does not affect the obligation to pay the agreed fees.

15. Data Protection and Data Security

headacy processes personal data strictly in accordance with the applicable provisions of the EU General Data Protection Regulation (GDPR) and, if applicable, any additional relevant data protection laws. A detailed overview of how User data is processed can be found in the Privacy Policy for the use of the headacy App.

16. Term and Termination

The User Agreement for the free use of the headacy App is concluded for an indefinite period and may be terminated by either party at any time with one month’s notice.

The Subscription is concluded for a fixed minimum term not exceeding 24 months. It is subsequently renewed for an indefinite period and may be terminated by either party with one month’s notice. The right to terminate the agreement for cause remains unaffected. For headacy, cause includes, amongst other things, a breach by the User of his obligations under sections 8 and 14.

Users can terminate their Subscription at any time by clicking the button in their profile settings or directly via the relevant app store, effective from the next available date.

17. Cancellation Right

The User is entitled to a right of withdrawal in accordance with the instructions set out in the Annex.

18. Final Provisions

Any amendments or supplements to the User Agreement must be made in writing to be valid, unless a more stringent form is required by law.

Neither party may assign or otherwise transfer its rights or obligations under the User Agreement without the prior written consent of the other party.

The User Agreement is governed by the laws of the Federal Republic of Germany. This choice of law does not affect the mandatory consumer protection provisions applicable in the country where the User is resident.

To the extent that the User had his place of residence in Germany at the time the User Agreement was concluded, and has either moved from Germany by the time headacy brings legal proceedings, or his place of residence is unknown at that time, the place of jurisdiction for all disputes shall be headacy’s registered office in Berlin.

headacy is neither obliged nor willing to participate in dispute resolution proceedings under the Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz - VSBG).

As the single point of contact within the meaning of Article 11 paragraph 1 and Article 12 paragraph 1 of Regulation (EU) No 2022/2065 on a Single Market for Digital Services (“Digital Services Act”), headacy provides the following email address: support@headacy.com. headacy accepts enquiries in German and English under this address. Enquiries other than those under the Digital Services Act will not be processed by headacy, unless headacy explicitly decides to do so.

Status: April 2026