Terms of Use / End User License Agreement (EULA)

These terms govern the use of the mobile application TapAlive and all services and subscriptions offered through it. By downloading or using the app you agree to these terms.

1. Scope and provider

(1) These Terms of Use apply to the use of the mobile application „TapAlive“ and to all services and subscriptions offered through it.

(2) The provider and your contracting party is:

(3) Deviating, conflicting or supplementary terms of the user do not become part of the contract unless we have expressly agreed to their validity in writing.

2. Description of services

(1) TapAlive is a personal safety app. Its functionality includes in particular:

• regular check-ins with an adjustable interval,
• automatic notification of the emergency contacts you have stored if a check-in does not happen,
• a manual SOS that transmits your last known location,
• quick dial for the German emergency numbers 110 and 112,
• the buddy system (battery warning, „arrived safely“),
• beacon mode (flashlight and on-screen SOS),
• optional and subject to charge: community SOS, live location updates and audio recording.

(2) No guarantee is given that notifications will be delivered on time or successfully. The transmission of SMS, push and WhatsApp messages depends on third-party services over which we have no control.

(3) Use of the app requires:

• an active internet or mobile network connection,
• a sufficiently charged battery,
• enabled push notifications,
• where applicable, the necessary permissions (location, microphone, contacts).

3. Conclusion of contract

(1) The free contract (Free) is concluded when the app is launched for the first time after these terms have been accepted.

(2) Paid subscriptions (Plus, Premium) are purchased through the Apple App Store or Google Play. The terms of the respective store operator apply in addition.

(3) Users must be at least 16 years old and, for paid subscriptions, must have legal capacity to contract.

4. Subscriptions, prices and payment

(1) TapAlive offers the following plans. Plus and Premium are auto-renewable subscriptions.

(2) All prices include statutory VAT. Prices are shown in your local currency in the store before you confirm the purchase.

(3) Billing is handled by Apple or Google and/or by the service provider RevenueCat. Payment is charged to your App Store or Google Play account at confirmation of purchase.

(4) Auto-renewal: subscriptions renew automatically for the same period unless they are cancelled at least 24 hours before the end of the current period in the settings of the respective store. Your account is charged for renewal within 24 hours prior to the end of the current period.

(5) You can manage and cancel your subscription at any time in your store account settings after purchase:

• iPhone / iPad: Settings → your name → Subscriptions → TapAlive → Cancel Subscription
• Android: Play Store → profile picture → Payments and subscriptions → Subscriptions → TapAlive → Cancel subscription

(6) Any unused portion of a free trial period, where offered, is forfeited when you purchase a subscription.

5. Right of withdrawal

Withdrawal instructions

Consumers have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded.

To exercise the right of withdrawal, you must inform us by means of a clear statement (for example a letter sent by post or an email) of your decision to withdraw from this contract. Withdrawal is possible without any particular form and should be sent to:

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

Effects of withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within 14 days from the day on which we receive notification of your withdrawal. We will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this reimbursement.

Early expiry of the right of withdrawal

In the case of contracts for the supply of digital content not supplied on a tangible medium, the right of withdrawal expires if you have expressly consented to us beginning performance of the contract before the end of the withdrawal period and you have acknowledged that you thereby lose your right of withdrawal.

Please note: if the purchase was made through the Apple App Store or Google Play, refunds are additionally governed by the terms of the respective store operator.

6. User obligations

The user undertakes to:

• keep the stored contact details up to date, in particular the phone numbers of emergency contacts,
• use the app only as intended,
• not trigger abusive or false SOS alarms,
• not enter third-party phone numbers as an emergency contact or buddy without their consent,
• not reverse-engineer the app and not decompile, modify or create derivative works from it.

In the event of breaches – in particular abusive use – we reserve the right to suspend access. Criminal liability for the misuse of emergency calls under sec. 145 of the German Criminal Code (StGB) remains expressly unaffected.

7. Availability and maintenance

(1) We aim for service availability of 99 % on an annual average. A guarantee of one hundred percent availability is expressly not given.

(2) Maintenance work is carried out at night wherever possible and announced in advance where reasonable.

(3) We accept no liability for outages caused by force majeure, by disruptions at third-party providers (in particular Twilio, Apple, Google, mobile network operators, internet service providers) or by problems with the user’s device.

8. Liability

(1) We are liable without limitation for intent and gross negligence.

(2) In the case of simple negligence we are liable only

• for injury to life, body or health,
• for the breach of essential contractual obligations (cardinal obligations) – in that case, however, limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.

(3) We accept no liability, in particular, for:

• SMS, push or WhatsApp messages that are not delivered or are delivered late,
• inaccuracies in GPS positioning,
• damage arising because the user relied on the app instead of calling the emergency number,
• battery or network failure and device defects,
• loss of data on uninstalling the app.

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

9. Data protection

Personal data is processed in accordance with our separate privacy policy, which forms part of these Terms of Use.

10. Termination

(1) The free contract (Free) ends when the app is uninstalled.

(2) Paid subscriptions (Plus, Premium) can be cancelled at any time through the subscription management of the respective store. Cancellation takes effect at the end of the current billing period.

(3) We are entitled to terminate the contract without notice in the event of serious or repeated breaches of these terms.

11. Changes to these terms

(1) We will notify you of changes to these terms at least 30 days in advance by email or as an in-app message.

(2) If the user does not object within 30 days of receiving the notification, the amended terms are deemed accepted. We will point this out separately in the notification.

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. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the state of their habitual residence.

(2) The place of jurisdiction is Bochum, Germany, to the extent legally permissible.

(3) Severability clause: should individual provisions of these terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

13. Additional terms for users of the Apple App Store

The following applies where the app was obtained through the Apple App Store:

• This agreement is concluded between you and MDA – MAGIC DESIGN AGENTS UG (haftungsbeschränkt) only, not with Apple. We, not Apple, are solely responsible for the app and its content.
• Apple has no obligation to provide any maintenance or support for the app.
• In the event that the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app.
• We, not Apple, are responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to legal requirements, and claims arising under consumer protection or similar legislation.
• We, not Apple, are responsible for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim relating to the app.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a „terrorist supporting“ country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of this agreement and, upon your acceptance, will have the right to enforce it against you.