General Terms and Conditions
for the "Ally" App
Last updated: 19 February 2026
§ 1 Scope and Applicability
1.1 The user's contractual partner and the owner of the software is Aumio GmbH – Commercial Register: Charlottenburg Local Court (Amtsgericht Charlottenburg), registration number HRB 226112 B (hereinafter "Aumio"). Detailed information about Aumio can be found on the website aumio.com under "Legal Notice." Aumio provides its service via a mobile application over the internet (hereinafter the "Ally App"). The Ally App is a digital application that provides its users, particularly adults, with various services (hereinafter the "Service") for the preventive support of general wellbeing and the promotion of stress management. In particular, the Ally App enables dialogue-based interactions with an AI-powered system as well as access to supplementary content and features within the app. Part of Aumio's Service is subject to a fee. The paid content of the Service is divided into different categories and labeled accordingly. Details of these services can be found in their descriptions, which Aumio publishes within the Ally App. Use of the Ally App is permitted only for persons aged 18 and over.
1.2 These General Terms and Conditions (hereinafter "Terms") govern the use of the platform. The user's use of the Ally App and the Service is governed exclusively by these Terms, unless Aumio and the user have expressly agreed otherwise in writing in an individual case. The current version of these Terms is available on Aumio's website and via an internet-based browser view within the Ally App. Aumio is entitled to amend or supplement these Terms at any time, unless doing so would be unreasonable for users. To this end, Aumio will notify users of any changes in good time and publish them on Aumio's website. If the user does not object to changes to the Terms within six (6) weeks of being notified, the amended Terms are deemed accepted by that user. The notification will expressly inform the user of their right to object and the significance of the objection period. If a user objects to a change or addition to the Terms, Aumio is entitled to terminate the usage agreement based on these Terms with that user, giving four (4) weeks' notice. Any conflicting, supplementary, or deviating terms proposed by the user do not become part of the contract unless expressly agreed in writing between the parties.
1.3 These General Terms and Conditions can be displayed and saved as a PDF file. Users are also entitled to print them. Users can access, print, and save these Terms at any time on Aumio's website.
1.4 References to the applicability of statutory provisions are for clarification purposes only. Statutory provisions therefore apply even without such clarification, unless they are directly amended or expressly excluded in this agreement.
§ 2 Subject Matter of the Agreement
2.1 The subject matter of this agreement is the granting of use of Aumio's Service to the user via the internet. The current scope of functions of the Service as software is set out in its current service description on Aumio's website at ally.aumio.com, as well as in the feature and service descriptions displayed within the Ally App.
2.2 As part of the use of the Ally App, which is subject to this usage agreement based on these Terms, Aumio gives its users an overview of all of Aumio's available services by granting access to the Ally App. Aumio only makes the Ally App available to users for use and permits users to access it. Neither the source code nor the object code of the software is provided to the user. Users only receive the technical means and authorization to access and use the Ally App — whose content is hosted on a central server — over the internet via a mobile application.
2.3 The Ally App serves exclusively to provide preventive support for general wellbeing.
The services:
- do not constitute medical or psychotherapeutic treatment,
- do not constitute a diagnosis or therapy,
- are not intended for the treatment of mental or physical illnesses.
The Ally App is not a medical device within the meaning of the EU Medical Device Regulation (MDR).
2.4 With Ally, users interact with an automated, AI-powered system and not with a human being. The content and responses provided by Ally are generated automatically and may be incomplete, overly general, or inaccurate.
§ 3 Usage Agreement | Grant of Usage Rights
3.1 By installing the Ally App, the user enters into a usage agreement with Aumio based on these Terms and may use the free content of the Ally App. Under this usage agreement, Aumio grants the user a non-exclusive, non-transferable right to use the Service described in these Terms, based on the software, for the duration of the usage agreement, as intended and in the then-current version, via the internet — partly for a fee and partly free of charge — in accordance with these Terms. The user may only edit the software underlying the Service to the extent covered by the intended use of the software as set out in the current service description. The user may only reproduce the software to the extent covered by the intended use of the software as set out in the current service description. The necessary reproduction does not include even temporary installation or storage of the software on data carriers (such as hard drives or similar) of the hardware used by the user, except where this concerns installing the Ally App on a user's device. The user is not entitled to make the software available to third parties for use, whether for a fee or free of charge. Sub-licensing or renting out the software is therefore expressly not permitted.
3.2 The usage agreement governs the user's rights and obligations regarding use of the Ally App. Aumio is under no obligation to make the Ally App available for all devices or at all times. However, Aumio may send the user messages to inform them about new features and developments. Aumio reserves the right to technically and functionally modify and further develop the Ally App. Aumio and its advertising partners may supplement service-relevant information within the Ally App with additional information or notices, for example about new features or content. The user will only receive communications about Aumio's marketing activities (hereinafter "Newsletter") if they have consented to receiving the newsletter. The user can unsubscribe from the newsletter at any time by clicking "Unsubscribe from newsletter" within the newsletter. In this case, the user's email address will be deleted from the newsletter distribution list.
3.3 The user is hereby expressly and specifically advised that Aumio's services, as well as the content and AI-generated responses provided within the Ally App, cannot replace medical or therapeutic treatment. The Ally App serves exclusively to provide general support for wellbeing and is intended for adult users for personal reflection and prevention in the non-medical sphere. Users are advised to consult a doctor, psychotherapist, or other qualified professional as needed for health or mental health concerns. AI-generated content must not be used as the sole basis for decisions, particularly medical, psychological, legal, or financial decisions. The Ally App is not designed for emergency or crisis situations and is not a substitute for professional emergency assistance. Use of the Ally App is at the user's own responsibility. Users are further advised not to use the application in situations that require heightened attention or concentration, particularly while driving, operating machinery, or engaging in similar activities.
§ 4 Paid Services
To use the full scope of the Ally App (i.e. including the paid content), the user must purchase the relevant services through the respective store ("Subscription"). To do so, the user submits their request to purchase the relevant service via the respective store. The contract for the purchase of the relevant service is concluded with the operator of the respective store. However, it is at Aumio's own discretion to decide whether content is unlocked.
§ 5 Term and Termination of the Usage Agreement and the Subscription
5.1 The usage agreement is for an indefinite term. With respect to the paid use of the services, the term of the Subscription may be limited (a fixed term) according to the time period selected by the user during the purchase process under § 4 of these Terms. The fixed term of the Subscription may renew automatically in accordance with the rules of the respective app store.
5.2 The usage agreement may be terminated by either party at any time with immediate effect via the Ally App. However, if the user still has an active Subscription term, ordinary termination is not possible before that Subscription term ends; instead, termination will end the usage agreement and the Service once the current term expires.
5.3 In addition, either party may terminate the usage agreement and, where applicable, the Subscription in writing without notice for good cause.
Good cause for Aumio exists in particular, but not exclusively, where…
5.3.1: the user fails to make due payments despite a reminder and the setting of a grace period, or violates the contractual provisions governing use of the platform.
5.3.2: insolvency proceedings are opened against the user's assets, the opening of insolvency proceedings is rejected for lack of assets, or similarly serious proceedings are initiated against the user.
5.3.3: the user breaches material contractual obligations or another material provision of this agreement, provided such breach is not remedied within seven (7) calendar days of being requested to do so by Aumio.
5.4 As an alternative to § 5.3, in these cases Aumio may also simply block the user's access to their account or to the paid content within the Ally App.
5.5 Termination in text form is sufficient. The user may need to cancel their Subscription via the respective app store.
5.6 Termination results in the dissolution of this arrangement under the Terms (usage agreement) and, in particular but not exclusively, in blocking access to and use of the Service and the Ally App. In the spirit of this agreement, the parties will promptly settle any existing rights and obligations, so that the termination is properly concluded in a timely manner.
5.7 Aumio is not responsible for backing up the information stored in the account and profile. The user is therefore advised, where permitted under this agreement, to back up any data relevant to them on a storage medium independent of Aumio in good time before the end of the contract term.
§ 6 Fees | Payment Terms
6.1 Aumio receives payment from the user for the paid portion of the Service agreed under these Terms. The amount of the fee results from the service selected by the user during the Subscription purchase process (in particular under § 4 of these Terms).
6.2 The fees under § 6.1 of these Terms are to be understood as gross amounts (i.e. including statutory VAT). In the case of a binding purchase of the paid portion of the Service via the respective app store, the user is obliged to pay in accordance with the payment process selected in that app store and by the due date stated there. The various payment terms are set out in the booking process and in the Ally App's FAQ.
6.3 Following each booking, the user receives an electronic receipt, where applicable via the respective app store.
§ 7 Data Protection and Security
7.1 Aumio is aware of the sensitivity of personal data and complies with statutory data protection provisions when handling users' personal data. The legal basis for this includes, in particular but not exclusively, the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and other applicable data protection provisions. For further information, please refer to Aumio's privacy policy on the website and within the Ally App.
7.2 Aumio is permitted to collect, process, store, and use the personal data provided to the extent necessary for the performance of the usage agreement. This data is then used by Aumio for the Service.
7.3 Unless otherwise provided in this agreement, Aumio will never disclose personal data without authorization. In addition, in accordance with statutory provisions, Aumio will provide users with information about the personal data it has stored about them, free of charge and without delay.
7.4 To provide the AI features, content may be technically processed and transmitted to data processors. This is done solely to provide the functionality and in accordance with the privacy policy. Content is not used to train AI systems without the users' express consent.
7.5 Because users can enter free-form text, it cannot be ruled out that users may voluntarily share sensitive information. Users decide for themselves, at their own responsibility, what content they enter.
§ 8 General Liability
8.1 Aumio guarantees the operational readiness of the software in accordance with the provisions of these Terms.
8.2 If Aumio's services are used by unauthorized third parties using the user's access data, the user is liable, under general civil liability principles, for any resulting fees incurred until Aumio receives the user's request to change the access data or the report of loss or theft, provided the user is at fault for the unauthorized third party's access.
8.3 The Ally application serves exclusively the purpose of digital prevention in the area of stress and resource management. It does not replace medical or psychotherapeutic treatment. The app is not suitable for people with severe mental illnesses that require treatment. Use is at the user's own responsibility and should take place only in calm, non-critical everyday situations — not, for example, while driving or during activities that require a high level of concentration.
8.4 Aumio is liable for damages — regardless of the legal grounds — under fault-based liability in cases of intent and gross negligence. In cases of ordinary negligence, and subject to a milder standard of liability under statutory provisions (e.g. for care in one's own affairs), Aumio is liable only:
a) for damages arising from injury to life, body, or health;
b) for damages arising from the non-trivial breach of a material contractual obligation (an obligation whose fulfillment is essential to the proper performance of the agreement and on whose observance the contracting partner regularly relies and may rely) and for compensation for damages caused by default (§ 286 BGB); in this case, however, Aumio's liability is limited to compensation for foreseeable damage typical for this type of agreement.
8.5 Aumio is not liable for the loss of data to the extent that the damage results from the user having failed to carry out data backups and thereby ensure that any lost data could be restored with reasonable effort.
§ 9 Software Errors | Interruption | Impairment of Availability
9.1 Aumio will promptly remedy all software errors to the extent technically possible. An error exists if the software underlying the Service does not fulfill the functions specified in the service description, delivers faulty results, or otherwise fails to function properly, such that use of the software is impossible or restricted.
9.2 Aumio continuously develops the software further and will improve it through ongoing updates and upgrades. Adjustments, changes, and additions to the Ally App, as well as measures to identify and resolve malfunctions, will only result in a temporary interruption or impairment of availability where this is technically unavoidable.
9.3 Aumio strives for the best possible availability of the software but does not guarantee it.
§ 10 Final Provisions
10.1 If the user, as a consumer (within the meaning of § 13 BGB), does not have their general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this relationship is the court responsible for Aumio's registered office. If the user is a business (within the meaning of § 14 BGB), the exclusive place of jurisdiction for all disputes arising from this relationship is the court responsible for Aumio's registered office, whereby Aumio is also entitled to bring proceedings at the user's general place of jurisdiction.
10.2 Unless otherwise provided in these Terms or under mandatory statutory provisions, the user is not entitled to assign or otherwise transfer their rights under this agreement, in whole or in part, to a third party without Aumio's prior written consent.
10.3 This agreement does not create any rights for third parties. No act, omission, or other conduct by a party shall be deemed a (implied) waiver of any right under this agreement or toleration of a breach of obligation.
10.4 This agreement is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
10.5 The parties are aware that the software may be subject to export and import restrictions. In particular, approval requirements may apply, and the use of the software or related technologies abroad may be subject to restrictions. Aumio will comply with the applicable export and import control regulations of the Federal Republic of Germany and the European Union, as well as all other relevant regulations. Aumio's performance of this agreement is subject to the proviso that no obstacles arising from national or international export and import control regulations, or any other statutory provisions, stand in the way of performance.
10.6 The EU Commission provides a platform for online dispute resolution, available at: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service agreements involving a consumer. Aumio is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
10.7 Should individual provisions of this agreement be or become invalid, in whole or in part, this shall generally not affect the validity of the remaining provisions. The parties will endeavor to find a provision to replace the invalid one that comes as close as legally and economically possible to the purpose of the agreement. The same applies in the event of a gap in the agreement.
§ 11 Right of Withdrawal
Every consumer is entitled to withdraw from their order in accordance with our cancellation policy. You can find the cancellation policy, including the cancellation form, for our store here: Cancellation Policy
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