Terms of Use

The provider of the App and contractual partner of the user is:

Luca Christ
Haydnweg 24
69234 Dielheim
Germany

Phone: +49 162 7880802
Email: luca@creatare.de

Hereinafter referred to as “Provider”, “we”, or “us”.

These Terms of Use apply to the use of Nativia, including all free and paid features provided within the App.

Deviating terms of the user only apply if we have expressly agreed to them. Mandatory statutory rights, in particular consumer rights, remain unaffected.

The terms of the respective app store additionally apply to downloads, in-app purchases, and subscriptions. In the event of a conflict, mandatory app store requirements take precedence for transactions processed through the store.

The usage contract is concluded once the user, after accessing these Terms of Use, confirms one of the options offered in the consent dialog and subsequently uses the App.

The choice between “Only necessary” and “Allow all” relates exclusively to optional data processing. Both options result in acceptance of these Terms of Use. Details on data processing and the available options can be found in the Privacy Policy.

The accepted version and the time of confirmation may be stored on the device.

Nativia is an AI-powered language-learning app. The App may provide the following features in particular:

• simulated everyday situations and interactive stories;
• text-based and spoken conversations with AI-generated characters;
• grammar, vocabulary, naturalness, and pronunciation assessments;
• corrections, explanations, translations, and speech output;
• simulated audio and video calls;
• storage of learning progress, statistics, story choices, and virtual items;
• reminders and notifications;
• free and paid features.

The specific feature set may vary depending on platform, device, operating system, language, region, subscription status, and app version.

We may continue to develop the App and modify or replace features, provided that the contractually owed core service is not unreasonably impaired. We will inform users of material adverse changes where legally required.

A compatible device, a supported operating system version, and, for core features, an internet connection are required. Certain features require access to the microphone, camera, or notifications.

The user is responsible for the device, internet connection, and any associated costs.

We do not guarantee compatibility with all devices, operating system versions, or third-party configurations.

Based on the current feature set, no traditional account with email address and password is required. The App may create a technical user identifier to associate and synchronize settings and learning progress.

The user is responsible for adequately protecting access to their device. If the App is deleted, the device is changed, or local storage is reset, settings or progress data may be lost unless a recovery option exists.

There is no entitlement to permanent recovery of lost local data, unless the loss is attributable to us.

The App may only be used in accordance with these Terms of Use and applicable law.

The following are prohibited in particular:

• unlawful, abusive, discriminatory, threatening, or degrading content;
• content that infringes third-party rights, in particular copyrights, trademarks, personal rights, or data protection rights;
• entering or transmitting personal data of third parties without sufficient authorization;
• attempts to circumvent security measures or to disrupt the App, servers, or interfaces;
• automated, abusive, or excessively burdensome access;
• reverse engineering, decompilation, or other interference, unless expressly permitted by law;
• using the App to develop, improve, or train competing products or models, unless mandatorily permitted by law;
• redistribution, rental, sublicensing, or commercial exploitation of the App beyond its intended features;
• misrepresentation of identity, authorization, or origin of content.

We may take reasonable technical measures to prevent misuse, security risks, and excessive system load.

The user retains their rights to content they enter or speak.

The user grants us, for the duration and purpose of contract performance, a simple, geographically necessary right to technically store, reproduce, transmit, process, and transform their content into results, insofar as this is required to provide the App. This right includes necessary disclosure to the technical service providers listed in the Privacy Policy.

This grant of rights does not permit independent publication of content for advertising purposes. Any further use only occurs if a separate legal basis or consent exists.

The user warrants that they hold the necessary rights to their content.

Responses, stories, translations, transcriptions, corrections, as well as grammar, naturalness, and pronunciation assessments are generated wholly or partially by automated means. Such results may be incomplete, inaccurate, misleading, or erroneous.

Nativia is a learning tool. The App does not replace professional legal, medical, psychological, financial, or other expert advice. Users must not base important decisions solely on AI-generated content.

In particular, we do not guarantee:

• the accuracy or completeness of translations and explanations;
• objectively error-free grammar or pronunciation assessment;
• the attainment of a specific language level or learning outcome;
• a specific response or continuation of AI-generated characters and stories;
• the permanent availability of a specific AI model, voice, or feature.

The App, its software, design, texts, graphics, audio content, characters, stories, trademarks, and other content provided by the Provider are legally protected unless otherwise indicated.

The user receives, for the duration of the usage contract, a personal, simple, non-transferable, and non-sublicensable right to use the App as intended on supported devices.

Rights to open-source components and third-party content are governed by the applicable license terms.

Certain features may be provided free of charge. The scope, usage limits, and availability of free features may change, provided this is reasonable for the user.

There is no entitlement to any additional feature originally provided free of charge remaining permanently free or unchanged. Existing claims and mandatory statutory rights remain unaffected.

Nativia may offer paid premium subscriptions or other in-app purchases. Before purchase, the respective app store displays the price, billing period, scope of service, and, where applicable, a free trial period. The information shown immediately before the purchase in the app store is authoritative.

Payment and billing are processed through Apple App Store or Google Play. We do not receive the user's full payment card data.

Subscriptions may renew automatically if not cancelled within the period displayed in the app store. Management and cancellation are handled through the user's app store account.

Deleting the App or local app data does not terminate an active subscription. A subscription must be cancelled through the respective app store.

Restoring a purchase requires the user to use the same app store account and depends on the store supporting restoration.

Price changes and subscription modifications are governed by statutory requirements and the terms of the respective app store. Refunds are generally processed by the app store, unless mandatory law requires otherwise.

If a free or discounted trial period is offered, the duration and subsequent price are shown immediately before purchase.

If automatic renewal is indicated there, the trial period will convert to a paid subscription upon expiration unless cancelled in time through the respective app store.

Information on the processing of personal data can be found in the current Privacy Policy: https://www.creatare.de/en/nativia/privacy-policy

Optional analytics and crash reporting features can be managed through the consent dialog or the privacy settings.

System permissions such as microphone, camera, and notifications can be changed in the device settings. If a permission is denied, the respective feature may be limited or unavailable.

Parts of the App may depend on third-party services, such as app stores, cloud infrastructure, AI models, speech processing, translation, and subscription management.

The terms of third parties may apply to their independent services. We are not responsible for disruptions, changes, or discontinuation of external services beyond our control. In such cases, we will endeavor to provide a reasonable alternative where this is necessary for the core service and economically feasible.

We strive for reliable availability of the App. However, uninterrupted and error-free availability is not guaranteed.

Temporary limitations may arise from maintenance, security updates, technical disruptions, force majeure, or outages of external services.

Updates may be required to maintain security, compatibility, or functionality. If a required update is not installed, features may be limited. Statutory obligations to provide updates remain unaffected.

In the event of a material or repeated violation of these terms, we may temporarily restrict or suspend access to individual features or the App, provided this is proportionate.

Before a permanent suspension, the user will generally be given the opportunity to respond and remedy the situation, unless a serious violation, security risk, legal obligation, or other objective reason requires immediate action.

Claims from an existing paid subscription and mandatory consumer rights must be taken into account.

The contract for free use runs for an indefinite period and may be terminated by the user at any time by ceasing use and deleting their data within the App.

A paid subscription must additionally be cancelled through the respective app store. Terminating the free usage contract alone does not terminate an app store subscription.

We may terminate the free usage contract with reasonable notice. The right to extraordinary termination for good cause remains for both parties.

The user may use the deletion features provided in the App. Which data is deleted and which data is subject to legal or technical retention requirements is described in the Privacy Policy.

The user should back up any data they wish to keep before deletion, where the App provides such an option. There is no entitlement to permanent storage after the contract ends, unless a legal obligation provides otherwise.

Statutory warranty rights apply to paid digital products. In the event of problems, the user may contact us using the contact details in Section 1.

The user should provide available information about the error, the device used, and the app version, insofar as this is reasonable and does not disclose confidential content.

We are liable without limitation:

• for intent and gross negligence;
• for damages arising from injury to life, body, or health;
• under the German Product Liability Act;
• to the extent of an expressly assumed guarantee;
• in other cases where a limitation of liability is excluded by law.

In cases of slight negligence involving a breach of a material contractual obligation, liability is limited to the foreseeable, contract-typical damage. Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the user may regularly rely.

Otherwise, liability for slight negligence is excluded to the extent permitted by law.

The above liability provisions apply accordingly to our legal representatives, employees, and vicarious agents.

Users under 18 may use Nativia and purchase paid services only if permitted under the law applicable to them and, where required, with the consent of their legal guardians.

Parents and legal guardians are responsible for appropriately supervising minors' use and app store settings.

We may amend these Terms of Use for objective reasons, in particular due to new features, changes in the legal situation, security requirements, or changes to the services used.

We will inform users of material changes in an appropriate manner. Where renewed consent is required, continued use will only be permitted after corresponding confirmation.

Changes do not apply retroactively. Mandatory statutory rights and existing claims remain unaffected.

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.

The statutory places of jurisdiction apply for consumers. If the user is a merchant, a legal entity under public law, or a special fund under public law, the Provider's registered office is the place of jurisdiction, to the extent permitted by law.

We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

If Nativia was obtained through the Apple App Store and no custom EULA has been provided in App Store Connect, Apple's Standard End User License Agreement additionally applies: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

Apple is not responsible for maintenance or support of the App, unless mandatory store requirements or statutory law provide otherwise. Claims in connection with the App are generally directed against the Provider named in Section 1.

If Nativia was obtained through Google Play, the applicable Google Play terms additionally apply to download, billing, subscription management, and refunds.

Google is not a contractual partner for the learning services we provide within the App, unless the applicable store terms provide otherwise.

Should any provision of these Terms of Use be or become wholly or partially invalid, the remaining provisions remain effective. The invalid provision is replaced by the applicable statutory provisions.

The contract language is German. Translations are provided for convenience. To the extent permitted by law and in the event of conflicts between language versions, the German version prevails.