Terms of Use

These terms of use govern the use of the HeadAIche app, the website and the functions offered with them (together the “service”) between the user and the provider (see legal notice). Installing or using the service is deemed acceptance of these terms. Anyone who does not agree should not use the service.

1. What HeadAIche is — and what it is not

1.1 Description of the service

HeadAIche is a wellness and self-observation app for people with recurring headaches or migraine. The app takes information entered by the user as well as values from Apple Health and Apple WeatherKit, combines them into a personal record and presents the current day as a named state. It shows trends over time, gives general information and creates an export of the user’s own records.

1.2 Express limitation

HeadAIche is not a medical device within the meaning of Regulation (EU) 2017/745, not a diagnostic system, not a substitute for medical advice, examination, diagnosis or treatment and not an emergency tool.

In the event of a sudden, unusually severe headache episode or one that is different from usual — especially with fever, signs of paralysis, impaired consciousness or vision, or after a fall — seek medical help immediately. In an emergency, call the local emergency number: 112 in the EU, 911 in the United States and Canada, 999 in the United Kingdom.

2. Minimum age

Use requires a minimum age of 18. During setup, the user confirms having reached this age.

3. Account

In the current scope of functions there is no account login; the service is used locally on the device. Should an optional function (such as a cloud backup) require an account in future, separate information will be provided.

4. License

A personal, non-transferable, non-exclusive and revocable license is granted to use the service on devices under the user’s control. In particular, the following are prohibited: reverse engineering or decompiling (unless permitted by law), recording other people’s health data without the consent of the person concerned, commercial resale, and automated access that places a load on the infrastructure.

In addition, Apple’s standard license agreement (Licensed Application End User License Agreement) applies to downloads via the Apple App Store; its minimum terms take precedence in the event of a conflict.

5. Availability, support, changes

5.1 Availability

Continuous availability is aimed for but not guaranteed. Maintenance, outages of third-party providers (such as Apple or hosting), network problems or force majeure may cause interruptions.

5.2 Support

Support is provided in German or English via contact@headaiche.app. No specific response time is promised.

5.3 Changes to the service

Functions may be developed further, changed or discontinued. Material restrictions of the scope of functions will be announced in advance. Existing data should remain accessible or exportable.

6. Costs

The service is free of charge in its current scope of functions. Should paid additional functions be introduced in future, these terms will be supplemented accordingly; prices and conditions will be communicated before any purchase.

7. Liability

Liability is governed by the statutory provisions: unlimited in cases of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and within the scope of expressly assumed guarantees. In cases of slight negligence, liability exists only for breach of essential contractual obligations and is limited to the foreseeable damage typical for the contract. Otherwise, liability is excluded.

All notes, patterns and reports of the service are non-medical in nature. The decision on medical steps — including whether and when to seek medical advice — rests solely with the user.

8. Termination

Use can be ended at any time by uninstalling the app and deleting the data. The provider may end use in the event of a material breach of these terms after an unsuccessful request to remedy it; in cases of misuse or danger to third parties, immediate termination is permitted.

9. Final provisions

9.1 Applicable law and place of jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For merchants and legal entities under public law, the place of jurisdiction is the provider’s place of business. Mandatory consumer protection provisions of the user’s country of residence remain unaffected.

9.2 Severability

Should any provision be invalid, the remainder of the agreement remains valid.

9.3 Changes to these terms

These terms may be amended in the event of changes in the law, new functions or to close gaps in the provisions. Material changes will be communicated in advance.

9.4 Language versions

These terms are available in German, English and French. In the event of any discrepancy, the German version prevails unless mandatory law provides otherwise.