1. Scope and Contracting Parties
2. Definitions
Service:
Refers to the entirety of all digital health offerings from JawBuddy, including website, mobile app, and backend services.
User:
Any natural or legal person who uses the service or has created a user account.
Health Data:
All personal data relating to health status, symptoms, treatment progress, or physical measurements.
TrueDepth Data:
Data captured by the iOS device's TrueDepth camera, including facial recognition and movement analysis.
Treatment Content:
All exercises, videos, instructions, and therapeutic content provided through the service.
Subscription:
Paid use of the service with enhanced features and content.
3. Contract Formation and User Account
3.1 Registration
Use of the service requires creating a user account. During registration, you must:
• Provide truthful and complete information
• Provide a valid email address
• Choose a secure password
• Agree to the terms of use and privacy policy
3.2 User Account
• You are responsible for the security of your account
• You must immediately report unauthorized use
• You may not share your account with third parties
• You must keep your data current
3.3 Eligibility
The service is intended for persons aged 18 and over. Minors require consent from their legal guardians.
• No commercial use without permission
• No sharing of access credentials
• No manipulation or reverse engineering
4. Services and Functionality
4.1 Main Services
JawBuddy offers digital health solutions for jaw problems, bruxism, and related symptoms:
• Personalized treatment plans and exercises
• Symptom tracking and progress analysis
• AR-assisted jaw opening measurement (TrueDepth)
• AI-powered companion messages and motivation
• Detailed onboarding assessments
• Weekly health screenings
• Treatment progress documentation
4.2 Service Limitations
The service is a wellness and prevention offering and does not replace medical treatment:
• No medical diagnosis or treatment
• No emergency care or acute treatment
• No prescription of medications
• No replacement for professional medical advice
4.3 Availability
We strive for high availability but cannot guarantee 100% uptime. Maintenance work is performed
outside peak usage hours whenever possible.
5. TrueDepth Camera and Facial Recognition
5.1 Purpose of Use
The TrueDepth camera is used exclusively for the following purposes:
• Measuring jaw opening width (AR-assisted)
• Analyzing jaw movements during exercises
• Personalizing treatment recommendations
• Tracking jaw function progress
5.2 Data Processing
All TrueDepth data is:
• Processed exclusively locally on your device
• Not transmitted to our servers
• Not used for biometric identification
• Not shared with third parties
5.3 Consent
By using the AR features, you consent to the use of the TrueDepth camera. You can disable these features at any time in the app settings.
5.4 Privacy
Processing is carried out in accordance with our privacy policy and GDPR provisions. Further details can be found in our Privacy Policy.
6. Health Data and Medical Information
MEDICAL NOTICE: JawBuddy is not a medical device and does not replace medical treatment.
6.1 Collected Health Data
We collect the following health data to personalize the service:
• Pain intensity and location
• Jaw opening width and mobility
• Bruxism symptoms and frequency
• Treatment progress and compliance
• Self-assessments and evaluations
Nicht erfasste Daten:
❌ Medical diagnoses or findings
❌ Laboratory values or imaging procedures
❌ Medication intake or therapy plans
❌ Emergency contacts or acute data
6.2 Medical Liability Disclaimer
JawBuddy is a wellness and prevention offering:
• No medical diagnosis or treatment
• No replacement for professional medical advice
• Medical consultation required for severe symptoms
• No liability for medical complications
• Users bear responsibility for their health
6.3 Recommendations
We strongly recommend:
• Consulting a doctor for persistent or worsening symptoms
• Seeking immediate medical help for emergency symptoms
• Having regular dental check-ups
• Using the service as a supplement, not replacement for medical treatment
7. Subscription and Payment Terms
7.1 Subscription Models
JawBuddy offers various subscription models:
• Free basic version with limited features
• Premium subscription with full functionality
• Annual subscriptions with discounts
• Special rates for medical professionals
7.2 Payment Terms
• Payments are made in advance for the chosen billing period
• Accepted payment methods: Credit card, PayPal, SEPA direct debit
• All prices include statutory VAT
• Access to premium area is blocked in case of payment default
7.3 Cancellation and Refunds
You can cancel your subscription at any time:
• Cancellation via app settings or by email
• Cancellation takes effect at the end of the current billing period
• No automatic renewal after cancellation
• Refunds only in legally required cases
8. Usage Rules and Prohibited Activities
8.1 Acceptable Use
The service may only be used for its intended purpose:
• Personal health promotion and prevention
• Documentation of own symptoms and progress
• Participation in recommended exercises and assessments
• Communication with the support team
8.2 Prohibited Activities
The following activities are expressly prohibited:
❌ Misuse of the service for commercial purposes without permission
❌ Attempting to hack or manipulate the app or backend
❌ Sharing access credentials with third parties
❌ Uploading malicious code or malware
❌ Violating copyrights or other rights of third parties
❌ Harassing or threatening other users
❌ Spreading false or misleading information
8.3 Consequences of Violations
In case of violations of these usage rules, we reserve the right to:
• Warn the user
• Temporarily block the account
• Permanently terminate the usage contract
• Take legal action for serious violations
Intellectual Property and Copyright
9.1 Ownership Rights
All rights to the JawBuddy platform belong to JawBuddy UG:
• Copyrights to the software and source code
• Trademark rights to logos, names, and designs
• Rights to all treatment content and exercises
• Rights to algorithms and AI models
9.2 Usage License
We grant you a limited, non-transferable license:
• Only for personal, non-commercial use
• No sharing or further development of the software
• No removal of copyright notices
• License expires upon termination of the usage contract
9.3 User Content
You retain rights to your own content but grant us:
• License to use for service provision
• Right to anonymized analysis for improvements
• Right to store and secure your data
• No commercial use without your consent
Disclaimer and Warranty
10.1 Disclaimer
Use of the service is at your own risk. We are not liable for:
• Damages from improper use of the service
• Medical complications or deterioration
• Technical failures or data loss
• Indirect or consequential damages
• Damages from third-party services
10.2 Warranty
The service is provided "as is":
• No warranty for specific treatment results
• No guarantee for uninterrupted availability
• No warranty for error-free software
• Warranty only to the extent legally required
10.3 Liability Limitation
Our liability is limited to the following cases:
• Intent and gross negligence
• Damages from injury to life, body, or health
• Damages under product liability law
• Liability under mandatory legal provisions
11. Privacy and Data Processing
11.1 Privacy Principles
Protecting your data is our highest priority:
• Transparency about the nature and scope of data processing
• Minimal data collection for service purposes
• Secure storage and transmission
• No sharing with third parties without consent
11.2 Types of Data Processed
We process the following categories of data:
• Personal data (name, email, birth year)
• Health data (symptoms, assessments, progress)
• Technical data (device information, usage statistics)
• TrueDepth data (only locally on device)
11.3 Your Privacy Rights
You have the following rights regarding your data:
• Information about processed data (Art. 15 GDPR)
• Correction of incorrect data (Art. 16 GDPR)
• Deletion of your data (Art. 17 GDPR)
• Restriction of processing (Art. 18 GDPR)
• Data portability (Art. 20 GDPR)
• Objection to processing (Art. 21 GDPR)
11.4 Data Storage
Your data is stored:
• As long as your account is active
• Maximum 3 years after termination (for billing purposes)
• Health data is deleted after 7 years
• TrueDepth data is never stored on our servers
12. Contract Termination
12.1 Termination by User
You can terminate the contract at any time:
• Via app settings
• By email to support@kauschlau.de
• Termination takes effect at the end of the billing period
• No notice period for free accounts
12.2 Termination by JawBuddy
We can terminate the contract in case of:
• Violations of these T&C
• Payment default despite reminder
• Misuse of the service
• Technical or legal reasons
12.3 Effects of Termination
Upon contract termination:
• Access to the service is blocked
• Personal data is deleted (except legally required)
• Health data is anonymized or deleted
• No refund of already paid fees
13. Changes to T&C
13.1 Right to Change
We reserve the right to change these T&C:
• For legal or technical requirements
• When expanding the service
• When changing business conditions
• With reasonable advance notice
13.2 Notification of Changes
You will be informed about changes:
• By email to your registered address
• Via the app with push notification
• On the website with notice of changes
• At least 30 days before taking effect
13.3 Acceptance of Changes
Changes take effect:
• By express consent
• By continued use after notification
• In case of objection: termination at change time
• Important changes require express consent
14. Applicable Law and Jurisdiction
14.1 Applicable Law
These T&C are subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods.
14.2 Jurisdiction
The place of jurisdiction for all disputes is Berlin, provided you are a merchant, legal entity under public law, or public law special fund.
14.3 Alternative Dispute Resolution
We are willing to participate in alternative dispute resolution procedures. The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/
14. Applicable Law and Jurisdiction
15.1 Severability Clause
Should individual provisions of these T&C be invalid, the validity of the remaining provisions remains unaffected.
15.2 Contract Language
These T&C are written in German. In case of translations into other languages, the German version is authoritative.
15.3 Contact
For questions about these T&C, please contact:
• Email: legal@kauschlau.de
• Phone: +49 30 12345678
• Mail: JawBuddy UG, Darsberger Strasse 15, 69239 Neckarsteinach
