Terms of Service

1. Acceptance of Terms

Welcome to ReplyContext. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and helpful bits GmbH, a limited liability company organized under the laws of Germany with its business address at Südliche Münchner Straße 55, 82031 Grünwald, Germany ("ReplyContext," "we," "us," or "our").

By accessing or using the ReplyContext mobile applications, their share and text-selection extensions, the website at replycontext.com, or any related services (collectively, the "Service"), you agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility and Accounts

2.1 Age Requirements

You must be at least 16 years of age to use the Service. If you are under 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Service with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2.2 Account Registration

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept all responsibility for all activities that occur under your account
• Immediately notify us of any unauthorized use of your account

2.3 Account Suspension

We reserve the right to suspend or terminate your account if we reasonably believe you have violated these Terms or applicable law.

3. Service Description

ReplyContext is a mobile application that drafts replies to messages. The Service provides:

• Message Capture: You say what you want to say, from a few words to your own full draft, and may add the message you want to answer as shared or pasted text or as a screenshot
• Reply Generation: Each request produces one AI-drafted reply (or one clarifying question) through a single call to an AI model
• Refinement: You may refine the drafted reply with your own instructions, or have it polished for grammar and punctuation
• Private Memory: Optional numeric style signals (reply length, line breaks, and terminal punctuation) learned when you accept a reply you edited; the app lists the signals for inspection and deletion and does not require memory setup
• Manual Completion: You review, edit, and copy the reply yourself; the Service does not send messages on your behalf

The Service uses third-party AI processing to deliver this functionality. We may modify, suspend, or discontinue any aspect of the Service at any time, subject to applicable consumer protection laws.

4. Fees, Credits, and Billing

4.1 Subscription Plans

ReplyContext offers Weekly, Monthly, and Yearly subscription plans on iOS, billed through Apple's App Store. Subscriptions are currently offered only through Apple's App Store. All prices are inclusive of applicable VAT as required by EU law. Current pricing is displayed in the App Store and within the application at the time of purchase.

4.2 Payment Processing

Subscriptions are processed through Apple's App Store. By subscribing, you agree to Apple's payment terms and authorize recurring charges to your selected payment method. If a one-time reply credit pack is offered in the app, it is a consumable purchase processed through the store you buy it from (Apple's App Store on iOS, or Google Play on Android); the store displays the price and applicable VAT at the time of purchase.

Apple and Google process your payment details; we do not receive your payment card details. We receive transaction confirmation, status, and the store identifiers needed to verify, credit, recover, and consume a purchase and to handle refunds or voids. All fees are non-refundable except as required by law or as expressly stated in these Terms.

4.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. You may cancel auto-renewal through your Apple App Store account settings. Cancellation applies only to Apple subscriptions; a reply credit pack, if offered in the app, is a one-time purchase and does not renew.

4.4 Price Changes

We reserve the right to modify subscription prices with at least 30 days' prior notice. Price changes will not affect your current billing period and will only apply upon renewal. Continued use of the Service after a price change constitutes acceptance of the new price.

4.5 Credits System

Reply generation and revision consume credit from your account based on actual usage under the then-current terms. Each successful generation or revision is charged once, including when a request is retried. You can monitor your credit balance and usage within the application.

• Purchased credit: If a credit pack is offered in the app and you buy one, its credit is added to your account after the store confirms the transaction and does not expire. It has no cash value and is not transferable or redeemable for money, except where required by applicable law.
• Promotional first-value credit: Eligible accounts receive one promotional credit grant so a new user can generate first replies. It is issued once per account, is free of charge, and expires 30 days after it is granted. It is a one-time promotion, not a recurring free allowance, and we do not guarantee a particular number of replies from it.
• Refunds and voids: If a store refunds or voids a credit pack purchase, we remove the corresponding purchased credit where it remains available. We do not take promotional credit or make your credit balance negative; credit already used is recorded as an unrecovered amount.

4.6 VAT and Taxes

All prices include applicable Value Added Tax (VAT) as required by EU law. The applicable VAT rate is determined based on your location, and VAT is calculated and collected by the store (Apple or Google) and shown at the time of purchase. You are responsible for any additional taxes or duties imposed by your jurisdiction.

5. Consumer Right of Withdrawal (EU Directive 2011/83/EU)

5.1 14-Day Withdrawal Period

If you are a consumer residing in the European Union, you have the right to withdraw from a purchase - a subscription or, if offered in the app, a reply credit pack - within 14 days without giving any reason, in accordance with EU Directive 2011/83/EU on consumer rights.

5.2 Waiver of Withdrawal Right

Your withdrawal right may end before the 14-day period only where applicable law permits it and the required consent and acknowledgment have been obtained:

• For a service, the right may end after the service has been fully performed if you expressly requested immediate performance and acknowledged that full performance would end the right
• For digital content not supplied on a tangible medium, the right may end when performance begins if you gave prior express consent and acknowledged that you would lose the right
• Opening the app or using part of the Service is not, by itself, a blanket waiver beyond what applicable law allows

5.3 Exercising Withdrawal Right

If your withdrawal right remains and you wish to exercise it within the 14-day period, you may do so by sending a clear statement to Email. We will process your withdrawal within 14 days of receiving your notice. Because payment is handled by the store you purchased through (Apple's App Store or Google Play), reimbursement is made via that store to the payment method you used.

5.4 Model Withdrawal Form

6. Service Hosting

ReplyContext's application backend and database are hosted in Germany, in the European Union, for all users. The Service does not offer a separate U.S. application or database region, does not request precise device location, and does not select where your account data is stored based on your location. AI model processing is described in Section 10 and in the Privacy Policy.

7. License Grant and Restrictions

7.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes.

7.2 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service, except to the extent permitted by mandatory EU law for interoperability purposes under Directive 2009/24/EC
• Rent, lease, loan, resell, or sublicense access to the Service
• Use the Service for any unlawful purpose or in violation of these Terms
• Circumvent any technical protection measures or security features
• Remove, alter, or obscure any proprietary notices

7.3 Interoperability Exception

Notwithstanding Section 7.2, you may decompile the Service to the extent strictly necessary to obtain information for interoperability with independently created software, provided that:

• Such information is not otherwise readily available
• Such activities are confined to parts necessary for interoperability
• Such information is not used for purposes other than interoperability
• Such information is not disclosed to third parties except as necessary for interoperability

8. Prohibited Uses

You agree not to use the Service to:

• Generate, distribute, or promote illegal content, including child sexual abuse material (CSAM)
• Engage in or facilitate harassment, abuse, threats, or incitement to violence
• Create or disseminate malware, spam, or other harmful code
• Violate intellectual property rights or privacy rights of others
• Impersonate any person or entity or misrepresent your affiliation
• Engage in unauthorized access to systems or data (hacking)
• Generate misleading, fraudulent, or deceptive content
• Interfere with or disrupt the Service or its infrastructure
• Scrape, harvest, or collect user information without consent
• Circumvent usage limits, rate limits, or access controls

9. High-Risk and Regulated Uses

9.1 Prohibited High-Risk Applications

The Service is NOT designed, tested, or approved for use in high-risk or safety-critical applications where failure could result in death, personal injury, or significant property or environmental damage. Such prohibited uses include:

• Medical diagnosis, treatment decisions, or clinical care
• Operation of nuclear facilities or emergency response systems
• Aircraft navigation, flight control systems, or air traffic control
• Life support systems or medical devices
• Autonomous vehicle operation or control
• Military weapon systems or critical defense infrastructure

9.2 Regulated Industries

Use of the Service in regulated industries (financial services, healthcare, legal practice) must comply with all applicable professional standards, licensing requirements, and regulatory obligations. You are solely responsible for ensuring such compliance.

9.3 EU AI Act Compliance

ReplyContext is classified as a general-purpose AI system. Users deploying the Service in contexts subject to the EU AI Act (Regulation 2024/1689) must conduct their own risk assessments and implement appropriate safeguards as required by the regulation.

10. Third-Party AI Processing

To generate replies, your inputs (any captured message and screenshots, your stated intent, and any instructions) travel through the ReplyContext server in Germany (EU) directly to Google’s Gemini API. Each generation or revision involves a single model call. The AI provider and model are determined by us server-side.

The current list of processors involved in AI processing is published on our Sub-processors page. See our Privacy Policy for details on data processing and international transfers.

We do not guarantee the accuracy, reliability, or appropriateness of AI-generated outputs. You are responsible for reviewing and validating every drafted reply before you send it.

11. User Content and Data

11.1 Your Content

You retain all ownership rights to content you input into the Service ("User Content"), including captured messages and screenshots, your stated intent, instructions, your personal vocabulary, and your edited replies. By using the Service, you grant us a limited license to process User Content solely to provide the Service.

11.2 Transient Processing and Memory

Captured messages, screenshots, your stated intent, drafted replies, and your final edited text are processed transiently and are not persisted in the ReplyContext application database; our servers retain operational metadata as described in the Privacy Policy. Optional memory stores only numeric style signals derived when you accept a reply you edited; the accepted text is used transiently to compute them and is not itself stored, and accepting a reply without editing it stores nothing. The app lists the current signals, lets you delete one or all of them, and lets you disable learning and retrieval together; it does not offer free-form memory creation.

11.3 Third-Party Message Content

A message you capture will usually contain content written by another person. You are responsible for ensuring that submitting such content for processing is lawful in your circumstances. The Service processes captured content only to draft your reply.

11.4 Responsibility for Content

You are solely responsible for your User Content and for every reply you send. You must ensure your use does not violate any law or third-party rights.

12. Intellectual Property Rights

12.1 ReplyContext Ownership

ReplyContext and the Service, including all software, interfaces, algorithms, branding, and documentation, are owned by helpful bits GmbH and protected by German and international intellectual property laws, including:

• Copyright (German Copyright Act - UrhG)
• Trademark law (German Trademark Act - MarkenG)
• Trade secret protection (German Act on Trade Secrets - GeschGehG)
• Sui generis database rights (EU Database Directive 96/9/EC)

12.2 Output Ownership

As between you and ReplyContext, you own the output generated by AI models through the Service, subject to:

• The terms of the underlying AI provider
• Applicable intellectual property laws regarding AI-generated works
• Any third-party rights in content used as input

Note that AI-generated content may not be eligible for copyright protection in all jurisdictions. You are responsible for determining the IP status of AI outputs in your jurisdiction.

12.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service ("Feedback") becomes our property. You assign all rights in Feedback to us and waive any moral rights you may have in such Feedback under German copyright law (§13 UrhG).

13. Warranties and Limitation of Liability

13.1 Statutory Warranties (Consumer Contracts)

For consumers, we provide statutory warranties as required by German law (§§ 327 et seq. BGB for digital content). We warrant that the Service:

• Conforms to the description provided and possesses agreed-upon qualities
• Is fit for the purposes for which services of this kind are ordinarily used
• Possesses the quality and performance capabilities normal for services of the same kind

If the Service is defective, you may demand remedy (cure) or, if cure fails or is unreasonable, reduction of price or termination. These statutory rights cannot be excluded.

13.2 Business-to-Business Disclaimer

To the maximum extent permitted by law, for business users (entrepreneurs under §14 BGB), the Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

13.3 Limitation of Liability - Mandatory Liability

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Damages caused intentionally or through gross negligence (Vorsatz oder grobe Fahrlässigkeit)
• Liability under the German Product Liability Act (Produkthaftungsgesetz)
• Damages arising from breach of a fundamental contractual obligation (Kardinalpflicht)
• Fraudulent misrepresentation

13.4 Limitation of Liability - Simple Negligence

For damages caused by simple negligence (einfache Fahrlässigkeit), our liability is limited as follows:

• Breach of Fundamental Obligations: Liability is limited to typical, foreseeable damages
• Non-Fundamental Obligations: No liability, except for damages to life, body, or health

Fundamental obligations (Kardinalpflichten) are obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely.

13.5 Force Majeure and External Causes

We are not liable for failures or delays caused by circumstances beyond our reasonable control, including third-party AI provider outages, network failures, or acts of God.

13.6 Consumer Protection Preserved

For consumers, the liability limitations in Sections 13.2-13.4 apply only to the extent permitted by mandatory German consumer protection law (§§ 309, 310 BGB). Your statutory rights remain unaffected.

14. Indemnification

This Section applies only to business users and does not apply to consumers.

You agree to indemnify, defend, and hold harmless ReplyContext, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Service in violation of these Terms
• Your User Content or any content you generate using the Service
• Your violation of any law or regulation
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your use of the Service in high-risk applications contrary to Section 9

This indemnification obligation survives termination of these Terms.

15. Termination

15.1 Termination by You

You may terminate your subscription at any time through your Apple App Store account settings. Termination will be effective at the end of your current billing period. No refunds will be provided for partial billing periods, except as required by law.

15.2 Termination by ReplyContext

We may suspend or terminate your access to the Service immediately, without prior notice, for:

• Material breach of these Terms
• Violation of applicable laws or regulations
• Fraudulent or abusive conduct
• Non-payment of fees (after reasonable notice for consumers)
• Extended periods of inactivity (90+ days)

For consumers, we will provide reasonable notice and opportunity to cure violations where feasible, except in cases of severe misconduct.

15.3 Effect of Termination

Upon termination:

• Your license to use the Service immediately terminates
• We may delete server-stored account and memory data after termination, subject to applicable legal obligations
• You remain responsible for any outstanding fees
• Sections that by their nature should survive (IP, liability, governing law) continue to apply

15.4 Data Portability

Before termination, you may review your memory records in the application and request a copy of your stored personal data in a structured, commonly used, machine-readable format as required by GDPR Article 20. See the Privacy Policy for how to exercise this right.

16. Export Control and Sanctions

You agree to comply with all applicable export control laws and economic sanctions, including:

• EU Dual-Use Regulation (Regulation 2021/821)
• EU sanctions regulations and restrictive measures
• U.S. export control laws (ITAR, EAR) if applicable
• German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung - AWV)

You represent that you are not located in, under the control of, or a national or resident of any embargoed country or restricted party list. Use of the Service in violation of export controls is strictly prohibited.

17. Intellectual Property Infringement Notice and Takedown

17.1 Copyright Complaints

If you believe that content available through the Service infringes your copyright, you may submit a notice to Email containing:

• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing content with sufficient detail to locate it
• Your contact information (address, telephone, email)
• A statement of good faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

17.2 Repeat Infringers

We maintain a policy of terminating accounts of users who are repeat infringers of intellectual property rights.

17.3 EU-Specific Notice

This process complies with German copyright law (§§ 1-141 UrhG) and applicable EU directives. Consumers have additional protections under German and EU consumer law.

18. Beta Features and Experimental Services

We may offer beta, experimental, or pre-release features ("Beta Features") for testing and feedback purposes. Beta Features are provided "AS IS" with no warranties (subject to mandatory consumer rights). We may modify or discontinue Beta Features at any time without notice.

Use of Beta Features may involve additional risks, including data loss, instability, or reduced functionality. Beta Features are not recommended for production or critical use cases.

19. Force Majeure

Neither party is liable for failure to perform obligations due to causes beyond reasonable control, including:

• Natural disasters, epidemics, or pandemics
• War, terrorism, civil unrest, or government action
• Labor disputes, strikes, or lockouts (not involving our own employees)
• Telecommunications or internet infrastructure failures
• Third-party service provider outages
• Power outages or equipment failures beyond our control

The affected party must promptly notify the other party and make reasonable efforts to mitigate the impact. If force majeure continues for more than 30 days, either party may terminate the affected portion of the Service.

20. Dispute Resolution and Governing Law

20.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).

20.2 Consumer Protection Preserved

If you are a consumer habitually resident in an EU Member State other than Germany, you retain the benefit of mandatory consumer protection provisions of your country of residence that cannot be waived by contract.

20.3 Jurisdiction - Consumers

If you are a consumer, any legal action arising from these Terms may be brought in the courts of your country of residence or in Munich, Germany, at your option.

20.4 Jurisdiction - Business Users

If you are a business user (entrepreneur, legal entity under public law, or special fund under public law), the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Munich, Germany.

20.5 Arbitration - Business Users Only

For business users, any dispute not resolved through negotiation may be finally settled under the Rules of Arbitration of the German Institution of Arbitration (DIS) by one or three arbitrators appointed in accordance with said Rules. The place of arbitration shall be Munich, Germany. The language of arbitration shall be English or German as agreed by the parties.

This arbitration provision does not apply to consumers. Consumers retain the right to bring disputes before competent courts.

20.6 EU Online Dispute Resolution Platform

The European Commission provides an Online Dispute Resolution (ODR) platform for consumers at: https://ec.europa.eu/consumers/odr

While we are not obligated to participate in alternative dispute resolution proceedings before consumer arbitration boards, we are willing to do so in appropriate cases.

21. Class Action Waiver

This Section applies only to business users and does not apply to consumers.

To the extent permitted by applicable law, you and ReplyContext agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding.

Consumer Rights Preserved: This waiver does not apply to consumers. Consumers retain all rights under applicable consumer protection laws, including rights to participate in collective actions.

22. General Provisions

22.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ReplyContext regarding the Service and supersede all prior agreements and understandings.

22.2 Amendments

We may modify these Terms by providing notice through the Service, via email, or by posting updated Terms on our website. Continued use after notice constitutes acceptance of modified Terms. For material changes affecting consumers, we will provide at least 30 days' notice and obtain consent where required by law.

22.3 Waiver and Severability

Failure to enforce any provision does not constitute a waiver. If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

22.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

22.5 Language

These Terms are drafted in English. Any translations provided are for convenience only. In case of conflict, the English version prevails to the extent permitted by applicable law.

22.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein.

22.7 Notices

Notices to you may be sent to the email address associated with your account or through the Service. Notices to us must be sent to Email.

22.8 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and ReplyContext.

23. Contact Information