General Terms and Conditions

Scope and General Provisions

1.1. These General Terms and Conditions (hereinafter "GTC") govern the use of the mobile application "Physiopass" (hereinafter "App"), developed and provided by Friederike Dethleff & Inga Dethleff (hereinafter "Provider"). The App is available through the Apple App Store and the Google Play Store.

1.2. By downloading, installing, or using the App, you agree to these GTC. If you do not agree to these terms, please do not use the App.

1.3. The inclusion of the user's own terms and conditions is hereby objected to, unless otherwise agreed.

1.4. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.5. Digital content within the meaning of these GTC refers to all data provided in digital form within the App, including exercise descriptions, training programmes, media content, and the AI assistant features.

Registration and Contract Formation

2.1. A contract for the use of the App is formed by downloading the App from the Apple App Store or the Google Play Store and subsequently registering or using it as a guest.

2.2. The App offers three registration paths: (a) Guest: Anonymous use with limited functionality, without creating a user account. (b) Client/Patient: Registration with email address and password to access all patient features. (c) Admin/Therapist: Registration with email address and password to create and manage exercise programmes for patients.

2.3. The App is currently provided free of charge. The Provider reserves the right to introduce paid features or subscriptions in the future (see Section 8).

2.4. The contract is concluded for an indefinite period and may be terminated by either party at any time (see Section 9).

Health and Medical Disclaimer

3.1. The App provides tools to support physiotherapy exercises. It does not replace medical diagnosis, treatment, or professional physiotherapy consultation.

3.2. The exercises, programmes, and information contained in the App are provided solely for informational and supportive purposes and do not constitute medical or therapeutic advice.

3.3. Users must consult their treating therapist or physician before starting or changing any exercise programme. This applies in particular to users with pre-existing conditions, chronic complaints, or following surgical procedures.

3.4. Users must immediately stop performing exercises if pain, dizziness, shortness of breath, or other adverse symptoms occur, and seek medical advice without delay.

3.5. The Provider assumes no liability for injuries or health damage arising from performing exercises presented in the App. Use is at the user's own risk.

3.6. Users with existing health restrictions should only use the App under the professional supervision of their therapist or physician.

AI Assistant ("Jana")

4.1. The App includes an AI-powered assistant called "Jana", which is based on AI technology (Claude by Anthropic).

4.2. The AI assistant's responses are automatically generated and may be inaccurate, incomplete, or erroneous. They do not constitute medical or physiotherapy advice.

4.3. The AI assistant is not a substitute for professional assessment by a qualified therapist or physician. Users should verify all information provided by the AI assistant with a qualified healthcare professional.

4.4. The Provider accepts no liability for actions taken on the basis of the AI assistant's responses.

4.5. Further information on data processing by the AI assistant can be found in Section 9 of the Privacy Policy (Anthropic / Claude API).

User Accounts and Responsibilities

5.1. The App distinguishes three user types: (a) Guest: Anonymous use with limited functionality. (b) Client/Patient: Registered user who receives exercise programmes, documents activities, and tracks training progress. (c) Admin/Therapist: Registered user who creates exercises, compiles programmes, and shares them with patients.

5.2. Users are required to provide truthful and complete information during registration and to keep their login credentials confidential.

5.3. Users must not share their user accounts with third parties or use the App for unlawful purposes.

5.4. The therapist-patient relationship within the App is initiated by the therapist through an invitation system.

User-Generated Content

6.1. Therapists may create exercises in the App (text, images, videos), compile them into programmes ("passes"), and share them with patients. Patients may document activities, maintain workout histories, and record health metrics.

6.2. Users retain ownership of their self-created content. They grant the Provider a non-exclusive, revocable licence to the extent necessary for providing the App's functionality.

6.3. Users must not upload content that is unlawful, infringing, or prejudicial to the rights of third parties.

6.4. The Provider is entitled to remove content that violates these GTC or applicable law. There is no systematic monitoring obligation on the part of the Provider.

Intellectual Property and Licence

7.1. The App, including its source code, design, texts, graphics, and other content, is protected by copyright and is the property of the Provider.

7.2. The Provider grants the user a non-exclusive, non-transferable, revocable licence for personal or professional use of the App in the context of physiotherapy activities.

7.3. It is prohibited to copy, decompile, reverse-engineer, or distribute the App or parts thereof, unless permitted by mandatory law.

Subscriptions and Pricing

8.1. The App is currently provided free of charge.

8.2. The Provider reserves the right to introduce paid subscriptions or in-app purchases in the future. If paid features are introduced, they will be managed through the Apple App Store or the Google Play Store and will be governed by the respective terms of use of those platforms.

8.3. Users will be notified in advance of the introduction of paid features.

Account Deletion and Termination

9.1. Users may delete their user account at any time in the App settings.

9.2. Upon account deletion, all data associated with the account will be deleted, including profile data, exercises, programmes, activities, and uploaded media.

9.3. The Provider is entitled to suspend or terminate user accounts for violations of these GTC.

9.4. The Provider may discontinue operation of the App with reasonable advance notice.

9.5. Data deletion will be completed within 30 days, in accordance with Section 13 of the Privacy Policy.

Right of Withdrawal

10.1. Consumers are generally entitled to a 14-day right of withdrawal. For digital services, the right of withdrawal may expire prematurely if the user has expressly consented to immediate performance and has acknowledged the loss of their right of withdrawal.

10.2. As the App is currently offered free of charge, the right of withdrawal has limited practical relevance. It is included here for the sake of legal completeness.

10.3. The right of withdrawal does not apply to consumers who, at the time of concluding the contract, do not belong to a Member State of the European Union and whose sole place of residence is outside the European Union at the time of concluding the contract.

Limitation of Liability

11.1. The Provider is liable without limitation for damages caused by wilful misconduct or gross negligence, as well as for damages arising from injury to life, body, or health.

11.2. In cases of slight negligence, the Provider is only liable for the breach of material contractual obligations (cardinal obligations). In such cases, liability is limited to the foreseeable, typically occurring damage.

11.3. The Provider is not liable for: (a) the accuracy of exercises and programmes created by users; (b) damages arising from performing exercises (see Section 3); (c) continuous availability of the App or individual features; (d) data loss beyond the scope of reasonable backup measures.

11.4. Mandatory statutory liability provisions, in particular under the Product Liability Act, remain unaffected.

11.5. The limitations of liability apply correspondingly in favour of the Provider's legal representatives and vicarious agents.

Data Protection

12.1. The Provider processes users' personal data in accordance with the separate Privacy Policy.

12.2. Data is stored on EU servers (Supabase, Frankfurt, Germany).

12.3. By using the App, users acknowledge the data processing described in the Privacy Policy.

Applicable Law, Jurisdiction, and Online Dispute Resolution

13.1. All legal relationships between the Provider and the user are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

13.2. If the user acts as an entrepreneur or has their domicile or habitual residence abroad, the exclusive place of jurisdiction for all disputes arising from this contract is Luebeck, Germany (the Provider's place of business).

13.3. The European Commission provides a platform for online dispute resolution (ODR) at: http://ec.europa.eu/consumers/odr. The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Final Provisions

14.1. The Provider reserves the right to amend these GTC at any time. Changes will be communicated within the App. Continued use of the App following notification of changes constitutes acceptance of the amended terms.

14.2. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid provision shall apply that most closely reflects the economic purpose and intent of the invalid provision.

14.3. Last updated: March 2026