Terms of Use of the Quitora App

Effective date: 3 May 2026

Table of Contents

  • Section 1 Scope and Contracting Party
  • Section 2 Subject Matter of the Contract
  • Section 3 Minimum Age and Legal Capacity
  • Section 4 Conclusion of Contract
  • Section 5 Description of Services
  • Section 6 Trial Phase
  • Section 7 Prices and Payment
  • Section 8 Term and Termination
  • Section 9 Right of Withdrawal and Expiry of the Right of Withdrawal
  • Section 10 User Obligations
  • Section 11 Not a Medical Device, No Substitute for Treatment
  • Section 12 Emergency Chat: Function and Limits
  • Section 13 Use of Artificial Intelligence
  • Section 14 Availability of the App
  • Section 15 Copyright and Rights of Use
  • Section 16 Liability
  • Section 17 Data Protection
  • Section 18 Amendment of these Terms
  • Section 19 Consumer Dispute Resolution
  • Section 20 Applicable Law and Jurisdiction
  • Section 21 Final Provisions
  • Section 22 Additional Terms for Purchases via the Apple App Store
  • Annex: Right of Withdrawal Notice and Model Withdrawal Form

Section 1 Scope and Contracting Party

(1) These Terms of Use (hereinafter "Terms") govern the use of the Quitora App in its mobile app version (iOS, later also Android) and in its web app version (browser access via PC).

(2) The user's contracting party is:

Quitora UG (haftungsbeschränkt)
Strelitzer Strasse 24
10115 Berlin
Germany
Authorised representative: Nico Stockmann
E-mail: hello@quitora.eu

(3) These Terms apply exclusively. Any deviating, conflicting or supplementary terms and conditions of the user shall only become part of the contract if and to the extent that Quitora UG Quitora UG (haftungsbeschränkt) has expressly agreed to their applicability in writing.

(4) These Terms are addressed to consumers within the meaning of Section 13 of the German Civil Code (BGB) and, by analogy, to consumers in other jurisdictions to the extent that the user is offered the App from such jurisdiction.

Section 2 Subject Matter of the Contract

(1) Quitora offers a digital self-help programme aimed at behavioural change with the goal of smoking cessation. The programme includes daily reading content (Lessons), AI-supported reflection guidance via the Coach Chat, an Emergency Chat for support in risk situations, a smoke-free tracker, a running programme, audio meditations and impulse exercises.

(2) The programme consists of a 90-day base phase and an optional follow-up programme.

(3) The programme is a self-help offering and does not constitute medical, psychotherapeutic or psychological treatment. Details are governed by Section 11.

Section 3 Minimum Age and Legal Capacity

(1) The use of the Quitora App is reserved for persons who are at least 18 years old and have full legal capacity.

(2) When concluding the contract, the user expressly confirms that they have reached the stated minimum age and have full legal capacity. The confirmation is given by express consent during onboarding.

(3) In the event of false statements regarding age or legal capacity, the user is liable for any consequences arising therefrom.

Section 4 Conclusion of Contract

(1) The presentation of the Quitora App in the app stores and on the website does not constitute a binding offer but rather an invitation to submit an offer.

(2) The user submits a binding offer to conclude the contract through the booking process. The booking process includes:

  • confirmation of the minimum age,
  • granting of the required consents (in particular, consent to AI processing and to the processing of health-related content),
  • acknowledgement of these Terms and the Privacy Policy,
  • selection of the desired programme (base phase or follow-up programme), and
  • confirmation of the paid order in the booking dialogue of the relevant app store or, in the case of the web app, in the booking dialogue of the payment service provider Stripe.

(3) The contract is concluded upon confirmation of the order by Quitora UG Quitora UG (haftungsbeschränkt). Confirmation may be given by an order confirmation in the app, an e-mail confirmation or the immediate provision of the programme services.

Section 5 Description of Services

(1) Base phase (Day 1 to 90): During the 90-day base phase, the user receives a daily reading content for the reflection of their smoking behaviour. Following each reading content, the Coach Chat is available, in which the user answers reflection questions and receives AI-supported feedback. Day 60 is intended as the day of the last cigarette. From Day 61 onwards, the Emergency Chat is additionally activated.

(2) Follow-up programme (from Day 91): In the optional follow-up programme, weekly challenges, the associated Challenge Chat and the still available Emergency Chat are accessible. Reading content, audio meditations, impulse exercises, the running programme and the tracker remain accessible during the follow-up programme.

(3) Functions independent of the programme phase: Smoke-free tracker and streak (from Day 61), running programme, audio meditations and impulse exercises.

(4) The success of the programme depends substantially on the active participation of the user. Quitora UG owes the provision of the programme in the agreed form, but does not owe any specific result.

Section 6 Trial Phase

(1) Before concluding a paid contract, the user may test the programme free of charge during a trial phase of three (3) days. During the trial phase, the user has access to the first reading contents and to the Coach Chat.

(2) The trial phase ends automatically after three days. If no paid contract is concluded during the trial phase, access to the programme ends.

(3) Upon conclusion of a paid contract during or after the trial phase, the trial phase expires and the paid contract takes effect.

Section 7 Prices and Payment

(1) The prices applicable at any given time are displayed transparently during the booking process. All prices are final prices and include statutory value added tax, where applicable.

(2) Base programme: The price for the 90-day base programme is EUR 49.00 (one-time payment).

(3) Follow-up programme: The follow-up programme is offered as a subscription:

  • Monthly subscription: EUR 9.00 per month
  • Annual subscription: EUR 99.00 per year

(4) Payment processing mobile app: Billing is carried out via the payment processing of the relevant app store (Apple In-App Purchase, possibly later Google Play Billing). The terms and conditions of the relevant app store apply additionally.

(5) Payment processing web app: Billing is carried out via the payment service provider Stripe (Stripe Payments Europe Ltd., Dublin, Ireland). The terms and conditions of Stripe apply additionally.

(6) Upon conclusion of the contract, the user authorises the relevant payment service provider to collect the amount due.

Section 8 Term and Termination

(1) Base programme: The base programme has a fixed term of 90 days from the conclusion of the contract and ends automatically without separate notice. Early ordinary termination is excluded; the right to extraordinary termination for good cause remains unaffected.

(2) Follow-up programme:

  • Monthly subscription: The monthly subscription renews automatically by one further month unless terminated at least 24 hours before the end of the current period.
  • Annual subscription: The annual subscription renews automatically by one further year unless terminated at least 24 hours before the end of the current period.

(3) Termination of the follow-up programme purchased via an app store is effected through the subscription management of the relevant app store. For purchases made via the web app, termination is effected in the app settings or by an informal notice to hello@quitora.eu.

(4) The user may delete their account and all associated data at any time via the app settings. Account deletion terminates all ongoing contractual relationships with immediate effect; amounts already paid will not be refunded unless a statutory right of withdrawal applies (Section 9).

Section 9 Right of Withdrawal and Expiry of the Right of Withdrawal

(1) Consumers are entitled to a statutory right of withdrawal in accordance with the following Right of Withdrawal Notice (see Annex).

(2) Expiry of the right of withdrawal for digital content: The right of withdrawal in respect of a contract for the supply of digital content not provided on a tangible medium expires prematurely if Quitora UG (haftungsbeschränkt) has commenced performance of the contract after the user:

  • has expressly consented to performance of the contract being commenced before the expiry of the withdrawal period, and
  • has confirmed knowledge that, by giving consent to the commencement of performance of the contract, they will lose their right of withdrawal.

(3) During the booking process, both of the foregoing user confirmations are obtained separately. Quitora UG (haftungsbeschränkt) only commences performance of the contract following such express consent.

(4) If the user prefers performance of the contract to commence only after expiry of the withdrawal period, they may withhold these confirmations. In this case, the right of withdrawal applies without restriction; however, the programme will only be unlocked after the withdrawal period has expired.

Section 10 User Obligations

(1) The user is obliged to provide truthful information when registering, in particular regarding minimum age and legal capacity.

(2) The user is obliged to keep their access credentials confidential and to protect them against unauthorised access.

(3) The user may use the Quitora App for their own personal purposes only. Commercial reuse of the contents, reproduction of app contents, sharing of access credentials with third parties as well as extraction or reverse engineering of the app are prohibited.

(4) The user undertakes not to enter any unlawful, defamatory or criminal content in the Coach Chat, Emergency Chat or Challenge Chat.

(5) In the event of a breach of the obligations under this Section, Quitora UG is entitled to block the user's access to the app or to terminate the contract extraordinarily for good cause.

Section 11 Not a Medical Device, No Substitute for Treatment

(1) Quitora is not a medical device within the meaning of Regulation (EU) 2017/745 (MDR) or the German Medical Devices Implementation Act (MPDG). Quitora is also not a medical treatment or therapy.

(2) The contents, reflections and AI-supported responses of the Quitora App do not replace medical, psychotherapeutic or psychological advice or treatment.

(3) In the event of acute physical or mental health complaints, crises or suicidal thoughts, the user is required to contact emergency services, a physician or a psychotherapeutic on-call service in their country immediately.

(4) Where a medically diagnosed condition exists, in the case of pregnancy or in the case of medication intake, it is recommended to discuss the use of Quitora with the treating physician beforehand.

Section 12 Emergency Chat: Function and Limits

(1) The Emergency Chat is unlocked from Day 61 of the programme and serves as supportive guidance in risk situations in the context of smoking cessation.

(2) The Emergency Chat is not an emergency or crisis service. It is not staffed around the clock by human professionals; instead, it is operated with AI support.

(3) In acute crises, in the event of suicidal thoughts or in the event of acute medical complaints, the Emergency Chat is expressly not a suitable point of contact. The references in Section 11 (3) apply.

(4) Quitora UG shall not be liable for damages arising from a user using the Emergency Chat instead of seeking medical, psychotherapeutic or emergency medical assistance.

Section 13 Use of Artificial Intelligence

(1) The Coach Chat, Emergency Chat and Challenge Chat are provided by an AI system (Artificial Intelligence). The AI-supported responses are generated automatically and may contain errors, inaccuracies or incomplete information.

(2) Inputs made in the chats are transmitted to the AI provider Anthropic PBC (USA) for the purpose of generating the response. Details of the data processing are set out in the Privacy Policy.

(3) AI-supported responses do not replace expert advice. Quitora UG (haftungsbeschränkt) assumes no warranty for the correctness, completeness or topicality of the AI responses.

(4) The user is informed that, when accessing any AI-supported function, they are interacting with an AI system (transparency notice pursuant to Article 50 of the AI Act).

Section 14 Availability of the App

(1) Quitora UG (haftungsbeschränkt) endeavours to keep the Quitora App available around the clock; however, it does not owe uninterrupted availability.

(2) Maintenance work, software updates, disruptions to the internet or server infrastructure, force majeure and outages of the third-party providers used (in particular, Apple, Google, Anthropic, Stripe, hosting providers) may result in temporary restrictions.

(3) In the event of prolonged unavailability during the base phase, the programme term shall be extended appropriately by the duration of the unavailability. Further claims remain unaffected.

Section 15 Copyright and Rights of Use

(1) All contents of the Quitora App (reading contents, reflection questions, audio meditations, impulse exercises, running programme instructions, designs, logos) are protected by copyright and are the property of Quitora UG (haftungsbeschränkt) or its licensors.

(2) Upon conclusion of the contract, the user is granted a simple, non-transferable right of use, limited in time to the term of the contract, for the personal use of the contents. Any reproduction, publication, commercial use or modification is prohibited without the express written consent of Quitora UG (haftungsbeschränkt).

(3) User inputs in the chat functions remain the property of the user. Quitora UG (haftungsbeschränkt) processes them solely for the purpose of providing the programme within the framework of the Privacy Policy.

Section 16 Liability

(1) Quitora UG (haftungsbeschränkt) is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.

(2) In the case of slight negligence, Quitora UG (haftungsbeschränkt) is liable only in the case of a breach of essential contractual obligations (cardinal obligations), the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the user may regularly rely. In such case, liability is limited to typical, foreseeable damage.

(3) In all other respects, liability of Quitora UG (haftungsbeschränkt) in the case of slight negligence is excluded.

(4) Liability under the provisions of the German Product Liability Act remains unaffected.

(5) Quitora UG (haftungsbeschränkt) shall not be liable for damages arising from the user using Quitora as a substitute for medical, psychotherapeutic or emergency medical assistance (see Section 11, Section 12).

Section 17 Data Protection

(1) The processing of personal data is governed by the Privacy Policy of Quitora UG (haftungsbeschränkt), which is brought to the user's attention during onboarding and is accessible at all times in the app.

(2) The Privacy Policy is not part of these Terms but supplements them with regard to the processing of personal data.

Section 18 Amendment of these Terms

(1) Quitora UG (haftungsbeschränkt) reserves the right to amend these Terms where this becomes necessary due to a change in the legal situation, supreme court case law, a change in technical conditions or an extension of the range of services.

(2) Amendments will be communicated to the user at least six weeks before they take effect by e-mail or via the app.

(3) If the user does not object to the amendments within six weeks of notification, the amended Terms shall be deemed to have been accepted. The user will be expressly informed of this consequence in the notification.

(4) In the event of objection, Quitora UG is entitled to terminate the contractual relationship by ordinary termination at the time the amendment takes effect.

Section 19 Consumer Dispute Resolution

(1) The European Commission provides an Online Dispute Resolution platform, which is available at https://ec.europa.eu/consumers/odr.

(2) Pursuant to Section 36 of the German Consumer Dispute Resolution Act (VSBG), Quitora UG is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Section 20 Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. For consumers with their habitual residence outside Germany, mandatory consumer protection provisions of their country of residence remain unaffected.

(2) To the extent permitted by law, the place of jurisdiction for all disputes arising out of or in connection with this contract shall be the registered office of Quitora UG (haftungsbeschränkt) (Berlin, Germany).

Section 21 Final Provisions

(1) Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, that valid provision shall be deemed to have been agreed which most closely approximates the economic purpose of the invalid provision.

(2) There are no oral collateral agreements. Amendments or supplements to these Terms must be made in text form.

Section 22 Additional Terms for Purchases via the Apple App Store

To the extent the Quitora App is acquired and used through the Apple App Store, the following additional terms apply:

(1) Acknowledgment. These Terms are concluded solely between the user and Quitora UG (haftungsbeschränkt), and not with Apple Inc. ("Apple"). Quitora UG (haftungsbeschränkt) is solely responsible for the Quitora App and its content. Apple is not a party to these Terms.

(2) Scope of License. The license granted to the user for the Quitora App is limited to a non-transferable license to use the Quitora App on any Apple-branded products that the user owns or controls and as permitted by the Apple Media Services Terms and Conditions.

(3) Maintenance and Support. Quitora UG (haftungsbeschränkt) is solely responsible for providing any maintenance and support services with respect to the Quitora App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Quitora App.

(4) Warranty. In the event of any failure of the Quitora App to conform to any applicable warranty, the user may notify Apple, and Apple will refund the purchase price (if applicable) to the user. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Quitora App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Quitora UG (haftungsbeschränkt).

(5) Product Claims. Quitora UG (haftungsbeschränkt) is solely responsible for addressing any claims of the user or any third party relating to the Quitora App or the user's possession and/or use of the Quitora App, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Quitora App fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy or similar legislation.

(6) Intellectual Property Rights. In the event of any third-party claim that the Quitora App or the user's possession and use of the Quitora App infringes that third party's intellectual property rights, Quitora UG (haftungsbeschränkt) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

(7) Legal Compliance. The user represents and warrants that:

(i) the user is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and

(ii) the user is not listed on any U.S. Government list of prohibited or restricted parties.

(8) Third Party Beneficiary. The user and Quitora UG (haftungsbeschränkt) acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon the user's acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the user as a third party beneficiary thereof.

Annex: Right of Withdrawal Notice and Model Withdrawal Form

Right of Withdrawal Notice

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us:

Quitora UG (haftungsbeschränkt)
Strelitzer Strasse 24
10115 Berlin
Germany
E-mail: hello@quitora.eu

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Expiry of the Right of Withdrawal for Digital Content

The right of withdrawal in respect of a contract for the supply of digital content not provided on a tangible medium also expires if the trader has commenced performance of the contract after you have:

  1. expressly consented that the trader commences performance of the contract before the expiry of the withdrawal period, and
  2. confirmed your acknowledgement that, by giving your consent to the commencement of performance of the contract, you will lose your right of withdrawal.

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

To:
Quitora UG (haftungsbeschränkt)
Strelitzer Strasse 24
10115 Berlin
Germany
E-mail: hello@quitora.eu

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):

_____________________________________________________

Ordered on (*) / received on (*): _________________________

Name of consumer(s): ___________________________

Address of consumer(s): _________________________

Signature of consumer(s) (only if this form is notified on paper): _____________

Date: ______________

(*) Delete as appropriate.