Legal
General Terms and Conditions of Use
For the app “Takt – Zyklus & Periode” · Version:
The provider is the entity named in the Legal Notice; referred to below as “we”.
The contract is governed by German law (section 11), and the withdrawal instructions follow the German Civil Code (BGB). For users in Ireland, this English version is the legally authoritative one. For Germany and Austria, the German version is authoritative. There this English text is a translation to read along, and where the two versions differ, the German text governs.
The essentials in five lines
- Takt is not a medical device and pursues no medical purpose within the meaning of Regulation (EU) 2017/745 (MDR).
- Takt is not a method of contraception.
- Your subscription renews automatically at the end of the respective term unless you cancel beforehand; the trial month, too, converts into a paid subscription without cancellation.
- Cancellation is made exclusively through your store account, not through us.
- You have the right to withdraw from this contract within 14 days without giving any reason.
The full text below is the authoritative one; these five lines are a selection from it and do not replace it.
1. What this is about
These terms govern the conditions under which you may use Takt and what the subscription covers. We have kept them as short as we could and as clear as we managed.
Two contracts that have to be kept apart:
- The licence contract for the software — between you and us. It comes into being when you install Takt and is governed by these terms.
- The purchase contract for the subscription — concluded through the Apple App Store or Google Play and additionally governed by the terms of the respective store. We have no payment system of our own, no customer account and no influence over the payment process.
This separation is not a formality: it determines whom you turn to with questions about payment, cancellation and refunds. The short answer, in almost every case, is: your store. The long answer is in sections 5 and 6.
2. What Takt is — and what Takt is not
Takt is software for the user-controlled recording and display of menstrual and cycle data. The app stores only information that you enter yourself or import from a source you have released, presents it over time, and derives from it statistical, purely informative estimates about future cycle events. Takt serves self-observation, personal understanding of your cycle, and the preparation of your own records for a conversation with medical professionals.
The scope of services in one sentence: recording and displaying yes — interpreting and assessing no. Takt captures your signs and symptoms, shows how they develop and prepares the material for the consulting room. Takt does not classify anything into stages, does not assess severity and does not predict a transition — not because the data is missing, but because that is not the purpose. This holds in every phase of life in which you use Takt.
Takt is not a medical device and pursues no medical purpose within the meaning of Regulation (EU) 2017/745 (MDR).
In detail, this means:
- Takt is not a method of contraception. The app makes no statement about whether a given day is “safe” for avoiding pregnancy, and promises no contraceptive reliability. The fertile days shown are a statistical estimate, not a recommendation and not a basis for contraceptive decisions. Anyone wishing to prevent pregnancy needs a recognised method and medical advice for that purpose.
- Takt makes no diagnoses. The app does not detect, evaluate, monitor or treat any illness — neither cycle disorders nor PCOS, endometriosis or infertility.
- Takt does not replace medical advice. The analysis and the doctor’s report are observational material for a conversation with medical professionals, not a substitute for one. If you have complaints, unusual changes or worries, please turn to a doctor and not to an app.
- Takt makes no recommendations for action. The app shows data and estimates. What you conclude from them is your decision.
On the limits of prediction. Cycles vary, including in healthy people. Every forecast in Takt rests on your previous records and is therefore shown as a window rather than a single date; how wide that window is, Takt calculates from your own data and states alongside it. Takt deliberately distinguishes between evidence (retrospective, from your measurements) and forecast (forward-looking, uncertain). A forecast can be wrong. That is not a malfunction but the nature of the matter — and the reason we display the uncertainty instead of hiding it.
3. Right of use
We grant you a simple, non-exclusive, non-transferable right, limited to the duration of this contract, to use Takt on devices that you own or control, for your own, non-commercial purposes.
Not permitted are: resale, rental, sublicensing or distribution of the app; reverse engineering, decompilation or disassembly, except where mandatorily permitted by law (§ 69e of the German Copyright Act, UrhG, remains unaffected); removal or alteration of copyright and proprietary notices; circumvention of technical restrictions, in particular the subscription check.
All rights in the software, in the name “Takt”, in the logo and in the design elements remain with us. The rights in your data of course remain entirely with you — we acquire no rights in them, if only because we never receive them.
4. The subscription
4.1 Trial month and prices
| Trial month | 1 month free, full range of functions, no restriction |
|---|---|
| Monthly subscription | €4.99 per month |
| Annual subscription | €39.99 per year — that is €3.33 per month |
All prices are final prices including any applicable value added tax. No shipping or additional costs are incurred. The price shown to you in the store immediately before purchase is always the authoritative one.
The trial month is available to each user once and is handled through the entitlement check of the respective store. Switching between the monthly and annual plan does not create a new claim to a free trial month.
4.2 What the subscription covers
With an active subscription — and during the trial month — the full range of Takt’s functions is available to you: entering and editing daily data, cycle calculation, ovulation confirmation, forecast, analysis, doctor’s report, import and export, notifications and widgets.
4.3 After the trial month without a subscription
Without an active subscription, entering new records, importing from another app, notifications, the widget and the forecast are locked. Your own Takt backup can still be read back in.
The following remain permanently and free of charge accessible in every case:
- viewing the history you have already recorded, and
- the complete export of your data as a lossless JSON backup and as a CSV table.
This assurance is part of the contract and applies without time limit — after the trial month, after cancellation and after the end of the subscription. It exists because Takt stores your data exclusively on your device and the data block there is the only copy of your history. Access to your own health data must not depend on payment status. We expressly do not reserve the right to restrict this assurance later.
4.4 Term and automatic renewal
How it works in the store. Your subscription renews automatically at the end of the respective term unless you cancel beforehand; the trial month, too, converts into a paid subscription without cancellation. The stores carry out the renewal according to their own terms: a monthly subscription renews by a further month, an annual subscription by a further year. The store shows you the time and the amount before you conclude the purchase, and the charge runs through your store account. We have no influence over this and can neither trigger nor prevent a renewal technically.
Why we describe this rather than agreeing it ourselves. German law sets narrow limits on automatic renewal in consumer contracts: under § 309 No. 9 BGB, a tacit renewal may only lead to an indefinite term that you can terminate at any time with a notice period of no more than one month. The stores’ annual renewal goes beyond that. The paragraph above therefore describes what the store does — it does not agree any minimum term between you and us.
What we undertake towards you. As against us, you are bound by no longer commitment than § 309 No. 9 BGB permits. We treat your subscription, in our relationship with you, as terminable at any time with one month’s notice, and we derive no claims against you from an automatic renewal. If a renewal has bound you for longer than you wanted, write to us: we will support your refund request with the store as far as the store allows us to. We cannot refund anything ourselves — the money never runs through us (section 6.1).
If you want to avoid the question from the outset, choose the monthly subscription: it renews by one month at a time in any case.
4.5 No price differentiation
We do not use personalised, device-specific or behaviour-based prices. All users in a given market see the same price. We announce price changes for existing subscriptions in good time through the store; in that case you can cancel before the new price takes effect.
5. Cancellation
Cancellation is made exclusively through your store account, not through us. We have no access to your subscriptions and cannot end them technically.
- iPhone/iPad: Settings → your name → Subscriptions → Takt → Cancel subscription
- Android: Google Play Store → profile picture → Payments and subscriptions → Subscriptions → Takt → Cancel subscription
Both stores require cancellation at least 24 hours before the end of the current billing period; otherwise the subscription renews (section 4.4). After cancellation, access remains until the end of the period already paid for. If you miss this deadline, that changes nothing about our undertaking in section 4.4 — we derive no claims against you from a renewal.
This applies to the trial month as well: cancel at least 24 hours before it ends if you do not want to move into a paid subscription.
After any cancellation, history and export remain accessible (section 4.3).
Uninstalling the app is not a cancellation — the subscription continues through the store account. Please always cancel through the store.
6. Right of withdrawal for digital content
6.1 Who sells — and to whom the withdrawal is addressed
We supply the software, but we do not sell it to you ourselves. Under the stores’ own terms, the store acts as your contractual counterparty on purchase:
- Apple App Store: the seller is Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Ireland. Address withdrawal, refunds and payment questions to Apple. The route for that is called “Report a Problem” and is at reportaproblem.apple.com.
- Google Play: under the Google Play Terms of Service, the provider of the content is Google Commerce Limited, Ireland. Address withdrawal, refunds and payment questions to Google — via the order history in the Play Store: profile picture → “Payments and subscriptions” → “Budget and order history” → “Report a problem”.
Refunds are granted by the stores, not by us; we can neither instruct nor prevent them. This is how the stores state the allocation of roles in their own terms, checked as at the version date shown at the top of this page. It can change without our learning of it — the terms of your store are always the authoritative ones.
You do not have to clarify this before you withdraw. If you are unsure who your contractual counterparty is in a given case, simply declare the withdrawal to us. We will confirm receipt to you with a date and forward it without delay. Your deadline should not fail because of an ambiguity about who plays which role.
Insofar as a contract for digital content comes into being directly between you and us, the following instruction applies directly. We provide it regardless of who is the seller in a given case.
6.2 Withdrawal instruction
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
(TRAJA Projects, owner Bao Anh Tran,
Sulzbacher Straße 48
90489 Nürnberg,
Germany, traja.projects@gmail.com) 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
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 in any event 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.
No compensation for value. If you withdraw from a contract for digital content not supplied on a tangible medium, you owe us no compensation for the value of the period during which you have already used it (§ 357a (3) BGB).
6.3 Early expiry of the right of withdrawal
The right of withdrawal for contracts on the supply of digital content not supplied on a tangible medium can expire early under § 356 (5) BGB. That requires three things at once: we have begun performance of the contract after you have expressly consented to our beginning before the withdrawal period expires; you have confirmed your awareness that by giving that consent you lose your right of withdrawal; and we have provided you with a confirmation of the contract. If even one of these three conditions is missing, your right of withdrawal does not expire.
What that means in our case. We have no ordering process of our own, no customer account and we send no confirmation of contract — so we do not obtain these declarations ourselves. Whether your store’s purchase process obtains them is for the store to decide; we cannot verify it and therefore do not claim it. In case of doubt we assume that your right of withdrawal exists. If you want to withdraw, do it — whether it had already expired is not your job to work out.
Independently of this, the stores’ goodwill and refund rules remain in place, and they often go further than the statutory minimum.
And the free trial month gives you a full month to examine the product before any payment in any case. That is exactly what it is for — it does not replace your right of withdrawal, it comes before it.
7. Your data
Takt stores your entries exclusively encrypted on your device. There is no server, no account and no transmission to us. The details are in the Privacy Policy.
Two points that belong here contractually:
- You are responsible for your backups. Because there is no cloud, your history exists only on your device. If the device is lost, is reset, or you uninstall the app, the data is irretrievably gone — for us as well, because we never had a copy. Takt provides the complete export for backups; using it is up to you. We recommend a backup before every change of device and before every major system update.
- The subscription is tied to the store account. After a change of device you restore it via the restore-purchases action in the app. An account with us through which we could help you does not exist.
8. Availability and changes
Takt runs locally on your device and therefore does not depend on our availability — there is no service that could go down.
Updates
For as long as your subscription is active, we provide updates for Takt. This includes security updates and the adjustments needed for Takt to keep working on current operating system versions.
There is no fixed end date: the period matches the term of your subscription. When your subscription ends, the provision of updates ends with it — at that point Takt is no longer usable in any case.
What we provide is measured by reasonable effort: if a change to the operating system would require rebuilding work out of proportion to its benefit, we do not owe it. We cannot guarantee uninterrupted availability of the app stores.
We may develop the app further and change functions, as long as the core benefit owed under the contract is preserved and the change is reasonable for you. If a change leads to a not insignificant impairment, we will inform you in good time; in that case you can cancel free of charge. The assurance in section 4.3 (history and export remain free) is exempt from changes.
9. Liability
We are liable without limitation for intent and gross negligence, for fraudulently concealed defects, within the scope of a guarantee we have assumed, for damage arising from injury to life, body or health, and under mandatory product liability law.
In the case of slightly negligent breach of a material contractual obligation — an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely — our liability is limited to the foreseeable damage typical for this type of contract. Otherwise liability for slight negligence is excluded.
For clarity, because it matters here: a statement about contraception, a diagnosis and a recommendation for action are not the subject of this contract (section 2) — Takt neither owes them nor provides them. What is not owed cannot be defective either. We therefore bear no responsibility for decisions you derive for yourself from the estimates displayed, in particular not for decisions in connection with conception or contraception.
This is not a disclaimer for the cases in the first paragraph: for intent, gross negligence, fraudulently concealed defects, guarantees assumed, damage to life, body and health, and under mandatory product liability law we remain liable without limitation. For actual defects of the software — that is, where it does not do what it is supposed to do under section 2 — we are liable under the general rules of this section.
Your statutory warranty rights for digital products under §§ 327 ff. BGB remain unaffected.
10. Special conditions for acquisition through the Apple App Store
If you obtain Takt through the Apple App Store, the following applies in addition:
- These terms exist exclusively between you and us, not with Apple. Apple is not a party to this licence contract.
- The right of use is limited to use on Apple devices that you own or control, in accordance with the Usage Rules of the Apple Media Services Terms and Conditions. Use within Family Sharing is permitted insofar as Apple provides for it.
- Maintenance and support are owed by us alone, not by Apple. Apple has no obligation to furnish support or maintenance services.
- In the event of any failure to conform to an applicable warranty, you may notify Apple; Apple will then, where applicable, refund the purchase price to you. Beyond that, Apple has no warranty obligation whatsoever; any further liability lies exclusively with us.
- We alone, and not Apple, are responsible for claims in connection with the app — in particular product liability, breaches of legal requirements and claims under consumer protection law.
- If it is claimed that the app infringes third-party intellectual property rights, responsibility for investigation, defence, settlement and discharge lies with us alone.
- You represent that you are not located in a country subject to a US government embargo or designated by the US government as a country supporting terrorism, and that you are not listed on any US government list of prohibited or restricted parties.
- When using the app you will comply with third-party terms insofar as they apply to that use — in particular the terms of your device’s services that you use together with Takt.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these terms and are entitled to enforce them against you.
- The name and address for service of the provider, as well as the contact point for questions, complaints and claims: see the Legal Notice.
11. Final provisions
- Applicable law: the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, mandatory consumer protection provisions of the state in which you have your habitual residence remain unaffected.
- Changes to these terms: we may change these terms where there is an objective reason for doing so — for example a change in the law, changed store requirements or new functions. We will inform you at least six weeks before they take effect, in the app, naming what is changing. We have no other route: we know neither your e-mail address nor do we keep an account about you. We do not change price or scope of services by this route. Those require your express consent; for price changes section 4.5 additionally applies, and we never withdraw the assurance in section 4.3 in any case. If an announced change does not disadvantage you — for example a linguistic clarification, an adaptation to new law or a provision in your favour — it applies from the stated date. For every other change we ask you; without your consent the previous terms continue to apply to you. We do not treat your silence as consent. Independently of this, you can cancel through your store at any time (section 5).
- Severability: should any provision be invalid, the validity of the remaining provisions remains unaffected. The statutory provision takes the place of the invalid one.
- Consumer dispute resolution: we are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
Model withdrawal form
If you wish to withdraw from the contract, please fill in this form and send it back. Its use is voluntary.
To: TRAJA Projects, owner Bao Anh Tran,
Sulzbacher Straße 48
90489 Nürnberg,
Germany, traja.projects@gmail.com
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.
Takt is not a medical device and does not replace medical advice.