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Terms of Use

This translation is provided for convenience. The legally binding version is the German original. Switch the language to Deutsch to read it.

§ 1 Scope, contracting parties and deviations

(1) These terms of use and general terms and conditions (hereinafter “Terms”) apply to the entire use of the mobile application “Orately AI - Coach” (hereinafter the “App”) in the Google Play Store and Apple App Store, as well as to all information, features and services provided under the domain orately.app.

(2) The user's contracting party is: Thorge Mrowinski (project name “Orately AI”), Gerhart-Hauptmann-Ring 7j, 21629 Neu Wulmstorf, Germany (hereinafter the “Provider”).

(3) By creating an account or using the services, the user agrees to these Terms. Deviating or conflicting terms of the user are not recognised unless the Provider expressly agrees to them in writing.

(4) Note on operating status: Orately is currently in a closed, non-commercial test phase (private beta). The paid services described in these Terms (in particular subscriptions and credit purchases pursuant to § 8) will only be offered upon the official public launch, after the business has been duly registered.

§ 2 Description of services and how the AI works (Google Gemini)

(1) The Provider makes a mobile application available to the user that functions as an AI-supported coaching system. The App primarily serves to create, visually and structurally organise, and interactively rehearse presentations, talks and speeches (in particular for school and academic contexts).

(2) The core of the App's features is the AI-based evaluation. For this purpose the user can make voice recordings (audio) via the microphone of their device or upload image files (photos, e.g. of notes or presentation slides). This data is transmitted via an API to the Google AI Agent Platform (Vertex AI), where the model Google Gemini 2.5 Flash (via the regional EU endpoint) analyses the content to generate automated feedback, optimisation suggestions, text suggestions and rhetorical assessments.

(3) The Provider supplies the technical framework for accessing these AI models. As the App and the underlying AI technologies are continuously evolving, the Provider reserves the right to change, extend, restrict or discontinue features at any time in order to reflect technical developments or legal requirements.

§ 3 Disclaimer for AI-generated content

(1) All analyses, assessments, corrections, texts or tips output by the App are purely computer-generated results based on statistical probabilities and algorithms.

(2) The Provider assumes no warranty, guarantee or liability for the substantive, factual, grammatical or logical accuracy, completeness, currency, freedom from errors or pedagogical suitability of the results generated by the AI. The AI feedback does not constitute a professional or human (e.g. teacher-specific) assessment and does not guarantee any specific school or academic grades or results. The use and exploitation of the AI results is exclusively at the user's own responsibility.

§ 4 Permitted use and user rights

(1) For the duration of the contract the user receives a simple, non-transferable, non-sublicensable licence, revocable at any time, to use the App on their personal mobile devices for private, non-commercial purposes (in particular for school and educational purposes).

(2) The user is entitled to use and reproduce the texts, outlines and presentation drafts generated for them by the App for their own school presentations, talks and written work.

§ 5 User obligations and prohibited uses (handling of content)

(1) The user undertakes to provide only true, current and complete information when registering for and using the App.

(2) The user bears sole responsibility for all content (in particular audio recordings and photos) that they upload to or contribute to the App.

(3) Strict prohibitions: The user is prohibited from using the App in any way that violates applicable law or infringes the rights of third parties. It is expressly forbidden to:

§ 6 Registration, user account and security

(1) Registration and creation of a user account are required to use the App's features. Registration takes place either by entering a valid email address, a username and a secret password, or by using a third-party authentication service (e.g. Google Sign-In).

(2) The password chosen or generated by the user must be kept strictly confidential and protected against access by unauthorised third parties. The user is liable for all activities and damage arising from the use of their account, unless the user is not responsible for the misuse and has not breached their duty of care.

§ 7 Protection of minors and use by minors

(1) Use of the App is permitted for persons aged 13 or older.

(2) If the user is a minor (under 18), they warrant upon registration and with every in-app purchase or subscription that the express consent of their legal representatives (usually the parents) has been obtained, or that the payments are made from funds provided to the minor for this purpose or for free disposal (Section 110 of the German Civil Code (BGB) — the “pocket money provision”). In cases of doubt, the Provider reserves the right to make use conditional on written proof of parental consent.

§ 8 Prices, subscriptions, credits and billing via app stores

(1) The App is offered as a so-called “freemium” model. Installation and certain basic features are free of charge. Use of advanced AI-supported coaching and creation features requires a virtual in-app currency (hereinafter “Credits”) or a subscription.

(2) Subscriptions: The Provider offers ongoing memberships. The current rates are:

The respective scopes of service and included Credits are described in detail in the App. Subscriptions renew automatically for one further month at a time unless cancelled before the end of the current billing period.

(3) Credit purchases: In addition or as an alternative, one-off Credit packages can be purchased. The rates are:

(4) Credit consumption: The cost of using individual features is shown transparently in the App before execution. The following standard consumption applies:

(5) Validity and expiry of Credits: Individually purchased Credit balances have a limited validity of 12 months (1 year) from the day of the successful purchase. After this 12-month period, unused Credits expire without replacement. Refunds or cash payouts of Credits are excluded. Credits are tied to the respective user account and cannot be transferred to other accounts.

(6) Payment processing via app stores & RevenueCat: All contracts for subscriptions and Credit purchases are concluded legally and technically directly with the respective app store operator. Payment processing, subscription management and delivery of purchases take place via the Google Play Store (for Android devices) or the Apple App Store (for iOS devices), with technical integration of the billing service provider RevenueCat. The respective purchase and usage terms of Google and Apple apply.

§ 9 Statutory right of withdrawal

As all paid contracts (subscriptions and Credit purchases) are concluded directly via the platforms of Apple or Google, any statutory right of withdrawal must be exercised directly vis-à-vis the respective platform operator (Apple Inc. or Google LLC). The refund policies of Apple and Google are decisive for these contracts.

§ 10 Provider obligations, availability and limitation of liability

(1) The Provider strives for the best possible availability of the App and the AI interfaces. However, complete and uninterrupted availability of the servers (Supabase) and the third-party AI (Google Gemini API) cannot be technically guaranteed. Maintenance work, security updates, server overloads or unforeseeable outages beyond the Provider's control may lead to temporary interruptions of operation.

(2) The Provider is liable without limitation for damage resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the Provider or its vicarious agents.

(3) For other damage, the Provider is liable only in cases of intent and gross negligence.

(4) In the event of a slightly negligent breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely — so-called cardinal obligations), the Provider's liability is limited to the foreseeable damage typical for the contract.

(5) The Provider is not liable for damage atypical for the contract, lost profit or indirect consequential damage (e.g. school-related disadvantages or missed deadlines of the user due to system failures).

(6) Liability for the loss of data is limited to the typical recovery effort that would have arisen had the user performed regular and proper data backups.

§ 11 Term and termination of the contract

(1) The usage contract for the free basic account is concluded for an indefinite period and may be terminated by the user at any time by deleting their account in the App or by informal notice to support@orately.app.

(2) Paid subscriptions must be cancelled via the respective account settings of the Google Play Store or Apple App Store in order to prevent automatic renewal and further billing.

(3) The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular if the user seriously or repeatedly violates the prohibitions in § 5 of these Terms. In this case the Provider is entitled to temporarily or permanently suspend the user's account.

§ 12 Final provisions

(1) The law of the Federal Republic of Germany applies, 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 granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.

(2) Should individual provisions of these Terms be or become invalid, unenforceable or incomplete, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provision.