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General Terms and Conditions (GTC) for the "Bettertained" App

Stand: 11.02.2026

§ 1 Scope of Application

1. These GTC apply to the use of the "Bettertained" App (hereinafter "App"), provided by &why GmbH (hereinafter "Provider" or "we").

2. Deviating conditions of the user are not accepted.

§ 2 Registration & Account

1. Use of the App requires registration. This is done exclusively via the services "Sign in with Apple" or "Google Sign-In". No separate password is saved by us.

2. The user assures that the transmitted data is correct. Since the data (e.g., name, email) is adopted from the identity provider (Apple/Google), the user is obliged to keep it up to date there.

3. The user must be at least 18 years old (or have the consent of their legal guardians) to use the App.

§ 3 Description of Services & AI Personalization

1. Scope of Functions: The "Bettertained" App is a service for discovering entertainment content. The core function of the App consists of providing the user with precisely tailored recommendations ("Recommendations") based on their individual preferences.

2. Use of Artificial Intelligence (AI): The App uses generative artificial intelligence technologies (Large Language Models) to create the recommendations. For this purpose, the App analyzes interactions (e.g., Likes, Watchlist) and situational data (e.g., "Mood"). The user understands that AI-generated content may be subject to fluctuations.

3. Costs (Basic & Premium): The basic version is currently free of charge. The provider reserves the right to offer enhanced functions ("Premium") for a fee in the future (planned: approx. €2.99/month). The user will be informed separately about this before costs are incurred.

4. In-App Purchases: Future subscriptions will be processed via the Apple App Store. The usage and payment conditions of Apple apply in addition.

5. Updates & Changes: The provider is entitled and obligated to provide updates that are necessary to maintain the conformity of the App with the contract. Furthermore, the provider may develop the App further, provided this is reasonable for the user.

§ 4 Availability of External Content & Links

1. The App contains information about films, series, and their availability on streaming services (e.g., Netflix, Amazon Prime, Disney+). This information partly originates from third-party providers.

2. We strive for up-to-dateness, but cannot guarantee that the recommended content is actually available from the respective streaming provider at the time of retrieval or that the price information is correct.

3. The App contains links to external websites or third-party apps. We have no influence on their content; the respective operators are solely responsible for them.

§ 5 Rights of Use & Misuse

1. The provider grants the user a simple, non-transferable right to use the App for private purposes on their end device.

2. Prohibited Activities: The user is prohibited from:

   • Copying the App's source code, decompiling it, or performing reverse engineering.

   • Using automated scripts, bots, spiders, or scrapers to read data from the App ("Scraping").

   • Using the App in a way that excessively burdens the infrastructure.

3. In the event of serious violations, we reserve the right to immediately suspend the account.

§ 6 Availability of Services

We strive for high availability of the App but cannot guarantee 100% accessibility (e.g., due to maintenance work or server failures at our technical service providers).§ 7 Liability

1. The provider is liable without limitation in cases of intent, gross negligence, and injury to life, body, or health.

2. In the event of slight negligence in the violation of essential contractual obligations (cardinal obligations), liability is limited to the damage that is typical for the contract and foreseeable.

3. No-fault liability for initial defects (§ 536a BGB) is excluded.

§ 8 Term & Termination

1. The user can completely remove their account at any time in the App settings using the "Delete Account" function. The user agreement ends immediately upon this action.

2. The provider may discontinue the free service at any time with a notice period of 2 weeks.

§ 9 Final Provisions

The law of the Federal Republic of Germany applies. The place of jurisdiction is Munich.