Terms of Service

Last updated: December 04, 2025

These Terms of Service (“Terms”) govern the use of the TouchGround mobile application (“App”) and related software, content, and services (collectively, the “Services”). By downloading, accessing, or using the Services, you agree to be legally bound by these Terms. If you do not agree, you must not use the Services.

The Services are operated by:

Sarah Kretchmer
Rigaer Str. 13
10247 Berlin, Germany
Email: kretchmerberlin@gmail.com

1. Services Provided

TouchGround provides digital tools for meditation, focus, goal setting, gratitude, mindfulness, movement, and a conversational chatbot delivered via text-to-speech technology, designed to support mood, reflection, and general wellbeing.

1.1 No Medical or Therapeutic Services

The Services are not medical devices and do not constitute healthcare, psychiatric, therapeutic, or counseling services. They are intended solely as self-help and wellness tools. I make no representation or guarantee that use of the Services will have therapeutic or medical benefit.

1.2 Emergencies

⚠️ The Services must not be used in emergencies. ⚠️

• If you experience a medical or mental health emergency, call the relevant emergency number immediately (for example, 112 in the European Union or 911 in the United States).
• If you feel at risk of harming yourself or others, discontinue use of the Services and contact emergency services without delay.

1.3 Modifications

I reserve the right to modify, suspend, or discontinue the Services, in whole or in part, at any time without notice. I shall not be liable for any such modification, suspension, or discontinuation.

2. Subscriptions and Credits

TouchGround is offered under the following terms:

• Free Tier: 15 minutes of Coach usage provided without charge.
• Standard Subscription: The subscription includes 240 minutes of Coach usage each month. The base price is USD $2.99, with final pricing determined by Apple and shown in your local currency before purchase.
• Top-Up Pack: Adds 75 minutes of Coach usage. The base price is USD $0.99, with final pricing determined by Apple and shown in your local currency before purchase. Top-up minutes do not expire.

Unused subscription minutes do not carry over to subsequent billing periods. All purchases, renewals, and credit balances are managed by Apple’s App Store and subject to Apple’s policies. I do not handle payment processing or refund requests.

2.1 Payment and Renewal

• All payments are processed via Apple’s App Store.
• Subscriptions renew automatically unless canceled at least 24 hours before the renewal date.
• Refunds are subject exclusively to Apple’s policies. I do not provide direct refunds.

2.2 EU Withdrawal Right Waiver

Under EU law, consumers normally have a 14-day right of withdrawal for digital services. By purchasing and using the Services, you expressly agree that the right of withdrawal ends once you begin consuming minutes.

2.3 Device Requirements

Use of the Services requires a compatible iOS device and internet connection.

3. Termination

I reserve the right to suspend or terminate your access to the Services if you violate these Terms.

4. Acceptable Use

You agree not to use the Services to:

• Upload or transmit illegal, infringing, harmful, or abusive content.
• Attempt to interfere with or disrupt the Services.
• Use the Services if you are under the age of 18.

5. Intellectual Property

All intellectual property rights in the Services remain my exclusive property. You may not copy, modify, distribute, sell, or resell the Services.

6. Third-Party Services and Disclaimer

The Services integrate third-party technologies, including but not limited to Apple and OpenAI.

• Apple Inc. and OpenAI are not responsible for the Services and are not parties to these Terms.
• Support requests, complaints, or claims relating to the Services must be directed solely to me.
• I am not responsible for the functioning, accuracy, or availability of third-party services.

7. Warranty Disclaimer

The Services are provided “as is” and “as available” without warranty of any kind. I do not warrant that the Services will be uninterrupted, secure, error-free, or that they will meet your requirements.

8. Limitation of Liability

To the fullest extent permitted by law:

• I am not liable for any indirect, incidental, special, or consequential damages, or for loss of data or profits, arising from use of the Services.
• My aggregate liability shall not exceed the greater of (i) the total amount paid by you in the six (6) months preceding the claim, or (ii) USD $100.

This limitation does not exclude liability where prohibited by law, including liability for intentional misconduct, gross negligence, or non-waivable consumer rights.

9. Governing Law and Dispute Resolution

• For users in the European Union and all jurisdictions outside the United States, these Terms are governed by German law. Disputes shall be resolved exclusively in the courts of Berlin, Germany.
• For users in the United States, disputes shall be resolved in the courts of the user’s local jurisdiction.
• Mandatory consumer protection rights under local law remain unaffected.

10. Privacy

I do not require user accounts and I do not collect, store, or share personal data from users of the Services. The App uses anonymous analytics (via TelemetryDeck) to understand general usage patterns and improve functionality. These analytics contain no personal data, no conversation content, and no information that can identify individual users.

For further details, please review the Privacy Policy available within the App.

11. Contact Information

Sarah Kretchmer
Rigaer Str. 13
10247 Berlin, Germany
Email: kretchmerberlin@gmail.com