Terms of Service

These Terms of Service (“Terms”) govern your use of the Brogress mobile application and the brogress.app website (together, the “Service”), provided by Netsh UG (haftungsbeschränkt). By creating an account or using any part of the Service, you agree to be bound by these Terms together with our Privacy Policy. If you do not agree, do not use the Service.

§ 01Important Notice About Subscriptions

Brogress is offered as an auto-renewing subscription, sold and billed through the Apple App Store using your Apple ID. By starting a subscription you authorise the Apple App Store to charge your selected payment method for the recurring subscription fee at the start of each billing period until you cancel.

• How to cancel: open the iOS Settings app → tap your Apple ID at the top → Subscriptions → Brogress → Cancel Subscription. Cancellation takes effect at the end of the current billing period; you retain access until then. Uninstalling the app does not cancel your subscription.
• Free trial: the Service includes 20 free debriefs that you may use without entering payment details. The trial does NOT automatically convert to a paid subscription — you must explicitly choose to subscribe after the trial allotment is exhausted.
• Refunds: all subscription payments are processed by Apple. Refund requests are made through Apple, not through us — see Apple’s refund process. We have no ability to issue refunds for App Store purchases.
• Statutory consumer rights: consumers in the EU, UK, and Brazil retain mandatory withdrawal/cancellation rights described in § 25.
• Cancellation does not delete your account. Cancelling a paid subscription stops further charges but does not delete your account or your personal data. To delete your account and have the associated data purged, see § 21 (Termination) below or § 8 of our Privacy Policy.

§ 02Acceptance of Terms

By creating an account, downloading or installing the App, or accessing any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.

We may amend these Terms from time to time, as described in § 27.

§ 03Eligibility

Brogress is intended exclusively for adults. To use the Service you must be at least 18 years of age and legally capable of entering into a binding contract under the law of your jurisdiction. By creating an account you confirm that you meet these requirements.

If we learn that we have collected personal data from a person under 18, we will delete that data and terminate the account as described in our Privacy Policy.

§ 04What Brogress Is

Brogress is a gamified self-improvement application centred on a daily written conversation with an AI coach (the “Daily Debrief”). The Service includes:

• Six life pillars (HEART, IRON, EDGE, FLOW, VAULT, BRAIN) that quantify your effort across emotional, physical, courage, social, financial, and cognitive domains;
• A library of selectable character coaches, each with a distinct AI persona;
• Mission tracking (recurring daily habits and one-time goals with deadlines);
• An achievement system, levels, and a debrief streak;
• A “Squad” layer — friends list, leaderboard, and 1-on-1 challenges with friends;
• Optional psychometric “Workshops” that produce a personality profile based on validated research instruments (see § 9);
• A breathing exercise mini-feature.

§ 05Important Health, Wellbeing, and AI Disclaimers

Brogress is a self-improvement and wellbeing tool. It is not a medical device, mental-health service, or substitute for professional care.

Brogress does not provide medical advice, mental-health diagnosis, psychotherapy, clinical treatment, psychiatric care, crisis intervention, or emergency services. Brogress is not a substitute for: a doctor; a therapist; a psychologist; a psychiatrist; a licensed mental-health professional; a counsellor; emergency services; or any other licensed professional.

If you are experiencing a mental-health crisis, suicidal thoughts, or any other medical emergency, contact your local emergency services immediately (in Germany: 112; in the US: 911; for mental-health crisis lines see the WHO directory at findahelpline.com). Do not rely on Brogress for emergency support.

You agree that any decision you make about your health, mental health, finances, career, relationships, or other significant life matters is your own responsibility. We are not liable for the consequences of acting on suggestions or content produced by the Service. See § 23.

§ 06No Guarantee of Results

Self-improvement outcomes depend on many factors outside our control, including your effort, circumstances, and biology. We make no guarantee that using Brogress will produce any particular result, including but not limited to changes in your mental wellbeing, physical fitness, relationships, finances, productivity, knowledge, or character.

Testimonials, achievement examples, and statistics shown in the Service reflect individual experiences and are not promises of similar results for you.

§ 07Account Registration and Security

Use of the Service requires an account. Brogress uses Sign in with Apple as the sole authentication mechanism. You agree that:

• You will register only one account per natural person;
• Accounts may not be created by bots, scripts, or other automated means;
• You will not share, transfer, or allow another person to use your account;
• You will provide accurate registration information (handle, name, birthday) and keep it current;
• You are solely responsible for maintaining the security of the Apple ID you use to sign in, and for any activity that occurs through your account.

If you lose access to the Apple ID linked to your Brogress account, you may be unable to recover the account. We do not have visibility into your Apple ID credentials.

§ 08Privacy

Your use of the Service is also governed by our Privacy Policy, which describes what personal data we collect, how we use it, our legal bases under the GDPR, and your rights as a data subject. The Privacy Policy is incorporated into these Terms by reference.

If you are a resident of the United States, additional rights under state consumer-privacy laws — including the California Consumer Privacy Act (CCPA) as amended by the CPRA, plus parallel rights under Virginia, Colorado, Connecticut, Utah, and Texas law — are described in § 15 of our Privacy Policy.

§ 09AI Coaching Features

Brogress’s coach is powered by large language models operated by third-party AI providers (currently OpenAI, accessed via Microsoft Azure AI Foundry). Microsoft does not use the prompts or completions we send to its AI services to train, retrain, or improve any underlying foundation model — see § 6 of our Privacy Policy for details. You acknowledge and agree that:

• Coach output is generated automatically by statistical models. It is not authored by a human in real time.
• Coach output may contain inaccuracies, factual errors, or omissions. Models can “hallucinate” — produce confident-sounding statements that are wrong.
• Coach output may not fully understand your situation, especially in nuanced personal contexts. Treat coach suggestions as prompts for your own reflection, not as definitive guidance.
• Coach output may not be appropriate for your needs. Use your own judgement before acting on it.
• Do not use the coach for emergency, medical, legal, or financial decisions. See § 5.

9.1 Psychometric Workshops

The optional Workshops series produces a personality profile based on brief proxies of validated psychometric instruments published in peer-reviewed personality and motivation research. The instruments currently used are: the Action Control Scale (ACS-90, Kuhl 1994); the Portrait Values Questionnaire (PVQ-21, Schwartz 2003); the Basic Psychological Need Satisfaction and Frustration Scale (BPNSFS, Chen et al. 2015); the Maximization Scale (Schwartz et al. 2002); the Levenson Internality, Powerful Others and Chance Scales (Levenson 1981); and the Short Dark Triad (SD3, Jones & Paulhus 2014).

Workshop results are intended for self-reflection, not clinical diagnosis. They are not a substitute for an assessment by a qualified clinician. Some workshops (notably the SD3) include items that are uncomfortable to rate honestly; the workshop UI displays a sensitive-content advisory before you begin. You may stop any workshop at any time, and you may delete your workshop results from the App.

§ 10Subscription Fees and Payment

The Service is offered on a freemium basis: a limited number of free debriefs (see § 11) and an optional paid subscription for unlimited use.

10.1 Available subscription plans

• Monthly: US$ 6.79 per month, billed monthly;
• Annual: US$ 69.99 per year, billed annually.

Prices are displayed in your local currency in the App at the moment of purchase, inclusive of any taxes and fees applied by Apple. We may change prices from time to time; new prices take effect at the next renewal of your subscription, and Apple will notify you of any price changes per its App Store policies.

10.2 Auto-renewal

Subscriptions auto-renew indefinitely until cancelled. Apple will charge your selected payment method for the renewal fee within 24 hours before the end of the current period. To stop auto-renewal you must cancel at least 24 hours before the end of the current period in your iOS Settings → Apple ID → Subscriptions.

10.3 Payment processing

All payments are processed by Apple via the Apple App Store. We do not receive or store your payment card details. We use Adapty (operated by Adapty Inc.) as the entitlement-and-receipt-verification layer between Apple’s App Store and our backend; Adapty’s role and the personal data exchanged are described in our Privacy Policy.

10.4 Refunds

All subscription payments are non-refundable except (a) where required by mandatory consumer law (see § 25) or (b) where Apple, at its discretion, issues a refund through its App Store refund process. We have no ability to refund App Store purchases directly. To request an Apple refund, visit reportaproblem.apple.com.

If Apple issues a refund or chargeback in respect of your subscription, we may revoke the corresponding paid access to the Service.

§ 11Free Trial

The Service includes a free allotment of 20 AI debriefs that you may use without entering payment details or starting a subscription. The exact number may change in future versions and will be displayed in the App.

The free trial does not automatically convert to a paid subscription. When your free allotment is exhausted, the App will prompt you to subscribe. You must take an explicit action — tapping the subscribe button and confirming with Apple — to begin a paid subscription. We will never start a paid subscription on your behalf without your explicit consent.

§ 12User Content

“User Content” means any content you submit to or through the Service, including but not limited to: messages you send to the coach during debriefs; notes you record about goals or missions; profile information including handle, display name, gender, birthday, and (if you upload one) profile photo; voice transcripts (if you use voice-to-text dictation); challenge invitations and messages sent to friends; reports you submit about other users.

12.1 Ownership and licence

You retain all rights in your User Content. By submitting User Content to the Service, you grant Netsh UG a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, transmit, display, and process the User Content for the purpose of operating, maintaining, securing, and improving the Service for you. This licence is granted only for the purposes set out in these Terms and our Privacy Policy, and it terminates when you delete the User Content or close your account, except that we may retain copies for the limited periods described in the Privacy Policy (for example, in backups, log files, and where required by law).

We do not sell, rent, or share your User Content for marketing, advertising, or behavioural-advertising purposes. The licence above is limited to operating, securing, and improving the Service as described in our Privacy Policy.

12.2 Your representations

By submitting User Content you represent and warrant that (a) you own or have all necessary rights to submit it; (b) the User Content does not infringe any third-party intellectual property, privacy, or other right; and (c) the User Content complies with these Terms — including § 14 Acceptable Use.

§ 13Social Features and Other Users

Brogress includes a social layer (the “Squad”): a friends list, a leaderboard, 1-on-1 challenges, and the ability to send challenges and acknowledgements to friends. When you use these features you are interacting with other real people. Treat them with respect.

You may at any time block another user (Settings → Blocked Users), or report another user’s content or behaviour to us via the in-app Report flow on any profile or piece of content. See § 14 for our moderation commitments.

We do not vouch for the accuracy of statements made by other users about themselves, their achievements, or their progress. Any reliance you place on such statements is at your own risk.

§ 14Acceptable Use

We are committed to keeping Brogress a safe and constructive environment. The following content and conduct are strictly prohibited on or through the Service.

14.1 Prohibited content

You may not submit, post, transmit, or otherwise make available any User Content that:

• harasses, threatens, intimidates, stalks, or bullies another person;
• contains hate speech or incitement to violence on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, gender identity, disability, or any other protected characteristic;
• contains sexual content, sexually explicit material, or material sexualising any person — and under no circumstances any material sexualising or exploiting minors;
• contains threats of violence, doxxing, or non-consensual disclosure of personal information about another person;
• impersonates another person, including any Brogress employee, contractor, or agent;
• promotes, glorifies, or incites self-harm, suicide, eating disorders, or other harmful behaviours;
• promotes the use of illegal drugs, weapons, or other illegal goods or services;
• is fraudulent, deceptive, false, or designed to mislead other users;
• is spam, unsolicited advertising, chain messages, or any unsolicited commercial communication;
• contains malware, viruses, exploits, or any code intended to disrupt or harm other systems or users;
• infringes the intellectual property, privacy, publicity, or other rights of any third party;
• is unlawful in any jurisdiction in which the Service is accessed.

14.2 Prohibited conduct

You may not, and may not permit any third party to:

• access the Service by any means other than the official Brogress App or website;
• scrape, crawl, mirror, or systematically extract content or data from the Service;
• use bots, scripts, or other automated means to interact with the Service;
• use the Service for any commercial purpose, including reselling access, generating training data for competing AI systems, or operating a service on top of Brogress;
• attempt to bypass, disable, or interfere with any security, rate-limit, paywall, or moderation mechanism of the Service;
• reverse engineer, decompile, or disassemble the App, except to the extent expressly permitted by mandatory law;
• use the Service in a way that imposes an unreasonable load on our infrastructure;
• use the Service in violation of any applicable law, regulation, or third-party right.

14.3 Moderation, removal, and termination

We have no tolerance for objectionable content or behaviour. We may, at our sole discretion and without prior notice, remove or disable access to any User Content, suspend or terminate accounts, and take any other action we consider appropriate to enforce these Terms or to protect the safety of other users — including in response to reports received via the in-app Report flow, automated detection, or our own review.

We endeavour to acknowledge in-app Reports within 24 business hours and to act on confirmed violations as soon as reasonably practicable. We do not, however, guarantee any specific response or resolution time, except where required by mandatory law (for example the EU Digital Services Act where applicable).

14.4 Reporting illegal content

To report illegal content or any violation of these Terms, use the in-app Report flow on the relevant content or profile, or email hello@brogress.app. To block another user, use the in-app Block flow on the relevant profile.

§ 15Intellectual Property

All intellectual property rights in the Service — including the App, the website, the “Brogress” brand and trade marks, the six-pillar framework, the character coach personas and artwork, the achievement catalogue and artwork, the AI coach prompts and instruction templates, the psychometric scoring methodologies, the database structure, source code, designs, and all other content created by or for us — are the exclusive property of Netsh UG or its licensors and are protected by copyright, trade-mark, and other intellectual-property laws.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use one copy of the App on a device you own or control, and to access the Service for your personal, non-commercial use. All rights not expressly granted are reserved.

Workshop methodologies and items reproduced in the App are paraphrased from the underlying published research instruments listed in § 9.1 in order to avoid copyright infringement on the original wording. The published instruments themselves remain the intellectual property of their respective authors and rights holders.

§ 16DMCA / Copyright

We respect the intellectual-property rights of others and respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”) and equivalent mechanisms under EU law. If you believe that material on the Service infringes your copyright, please send a written notice to our Copyright Agent at hello@brogress.app including:

• your physical or electronic signature;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing and a description sufficient to permit us to locate it on the Service;
• your address, telephone number, and email address;
• a statement that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
• a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.

We may, at our discretion, remove or disable access to material claimed to be infringing and we may terminate the accounts of repeat infringers. Counter-notices may be submitted to the same address.

§ 17Feedback

If you choose to send us suggestions, ideas, feature requests, bug reports, or other feedback about the Service (“Feedback”), you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use the Feedback for any purpose, without obligation to compensate you. You waive, to the extent legally permitted, any moral rights or attribution rights in the Feedback.

Feedback you submit is processed in accordance with our Privacy Policy. Where Feedback contains personal information, the same retention and security commitments described in § 8 of the Privacy Policy and the Feedback-specific disclosures in § 3.14 apply.

§ 18Apple App Store Terms

The following terms apply to your use of the App when downloaded from the Apple App Store. To the extent any other terms in these Terms are less restrictive than, or otherwise conflict with, the terms in this § 18, the more restrictive or conflicting terms in this § 18 apply, but solely with respect to use of the App from the Apple App Store.

• You acknowledge and agree that these Terms are concluded between you and Netsh UG only, and not with Apple Inc. (“Apple”). Apple is not responsible for the App or its content.
• Your licence to use the App is limited to a non-transferable licence to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, which apply in addition to these Terms.
• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms.
• You and Netsh UG acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• You and Netsh UG acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual-property rights, Netsh UG, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual-property infringement claim to the extent required by these Terms.
• You must comply with applicable third-party terms of agreement when using the App.
• You and Netsh UG acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to your licence of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
• TestFlight builds of the App are provided for testing purposes only and are subject to Apple’s TestFlight Beta Software Agreement.

§ 19Google Play Terms

We plan to distribute Brogress on the Google Play Store. When and to the extent we do, the following additional terms apply to use of the App downloaded from Google Play.

• These Terms are between you and Netsh UG only, and not with Google LLC. Google is not responsible for the App or its content.
• Your use of the App must comply with the Google Play Terms of Service in addition to these Terms.
• We comply with Google Play’s Families Policy commitments regarding the protection of children, and we have no tolerance for content that exploits, abuses, or sexualises minors.
• In-app purchases on Android devices are processed by Google. Refunds are governed by Google Play’s refund policies; we have no ability to issue refunds for Google Play purchases.

§ 20Service Changes and Availability

We are continuously improving Brogress. We may add, modify, suspend, or discontinue any feature of the Service at any time, and we may impose limits on certain features or restrict access to parts of the Service without notice and without liability — except where mandatory consumer protection law requires otherwise.

You are responsible for maintaining your own device security and the currency of your operating system, security patches, and anti-malware software. We are not liable for losses caused by compromise of your device, weak passwords, reuse of credentials across services, or other security failures within your control.

§ 21Termination

21.1 Termination by you

You may delete your account at any time, for any reason, via Settings → Account → Delete Account inside the App, or by emailing hello@brogress.app. Account deletion is irreversible and triggers the data-purge process described in our Privacy Policy.

Account deletion is possible at any time, including while you hold an active paid subscription. However, deleting your Brogress account does not automatically cancel your Apple App Store subscription. You must separately cancel the subscription in your iOS Settings → Apple ID → Subscriptions, or you will continue to be billed.

21.2 Termination by us

We may suspend, restrict, or terminate your account and access to the Service at any time, with or without notice, for any reason — including but not limited to: violation of these Terms; risk to other users or to the Service; legal or regulatory requirement; payment failure; discontinuation of the Service. We may, but are not obliged to, notify you of the reason.

21.3 Effect of termination

Upon termination your right to use the Service ends immediately, and we may delete your User Content and account data as described in the Privacy Policy.

The following sections survive termination of these Terms: §§ 1, 5, 6, 9, 12, 14, 15, 16, 17, 22, 23, 24, 25, 28, 29, 30, 31, 33.

§ 22Disclaimer of Warranties

THE SERVICE, INCLUDING THE APP, THE WEBSITE, ALL CONTENT AND AI-GENERATED OUTPUT, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY NETSH UG, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. NETSH UG AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NETSH UG DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, FITNESS FOR YOUR PARTICULAR HEALTH, MENTAL-HEALTH, LEGAL, FINANCIAL OR OTHER PERSONAL CIRCUMSTANCES, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Where mandatory consumer-protection law (including the EU Digital Content Directive (2019/770) as transposed into German law in §§ 327 ff. BGB) grants you a statutory warranty of conformity for digital services or digital content, that warranty applies in addition to (and is not excluded by) this section.

§ 23Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NETSH UG BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF NETSH UG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETSH UG’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NETSH UG FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

Nothing in these Terms excludes or limits our liability for damages caused intentionally or by gross negligence, for damages arising from the violation of life, body or health, or any other liability that cannot be excluded under mandatory law (including § 309 No. 7 BGB and the German Product Liability Act).

§ 24Indemnification

To the extent permitted by mandatory law (including German consumer protection law, which limits what consumers can be required to indemnify), you agree to indemnify and hold harmless Netsh UG and its directors, officers, employees, contractors, and agents from and against any claims, losses, damages and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your User Content; (c) your violation of any law or the rights of a third party; (d) your wilful misconduct or gross negligence in connection with the Service.

This section does not apply to consumers to the extent it would contradict mandatory consumer protection law in the consumer’s country of residence.

§ 25Consumer Rights

Nothing in these Terms is intended to limit any mandatory consumer protection rights that apply to you under the law of your country of residence. The following sub-sections describe the principal statutory rights that apply to most of our consumer users.

25.1 EU consumers — Right of Withdrawal

If you are a consumer with your habitual residence in a Member State of the European Union, you have the right to withdraw from any contract concluded with Netsh UG within 14 days, without giving any reason (Art. 9 et seq. of Directive 2011/83/EU, transposed in Germany at §§ 312g, 355 BGB).

Important — express consent waives the withdrawal right for digital content delivered immediately: when you start a subscription via the Apple App Store and immediately receive paid access to the Service, you expressly consent to the immediate provision of the digital content and acknowledge that, by doing so, you lose your right of withdrawal in respect of that content (§ 356 (5) BGB transposing Art. 16 (m) of Directive 2011/83/EU). Apple’s App Store purchase flow communicates this consent to us. Refunds remain available through Apple’s discretionary refund process.

To exercise the withdrawal right where it applies, you must inform us by means of a clear statement (e.g. an email to hello@brogress.app) before the 14-day period expires. You may use the model withdrawal form available in Annex I of Directive 2011/83/EU, but it is not mandatory.

25.2 UK consumers — Right to Cancel

If you are a consumer in the United Kingdom, you have an equivalent 14-day right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, subject to the same waiver for digital content delivered immediately upon your express consent. Contact hello@brogress.app to exercise this right where it applies.

25.3 Brazilian consumers — Right of Regret (Direito de Arrependimento)

If you are a consumer in Brazil, you have a right of regret under Art. 49 of the Brazilian Consumer Defence Code (Lei nº 8.078/1990) to cancel within seven days of contracting outside an establishment. Subject to applicable Brazilian consumer protection rules and to the same considerations as above for digital content delivered immediately, you may exercise this right by emailing hello@brogress.app.

25.4 Online dispute resolution

The European Commission previously operated an online dispute resolution platform under Regulation (EU) No 524/2013. That platform was shut down in July 2025. We are not currently obliged to participate in, and do not participate in, any out-of-court consumer dispute resolution procedure under the German Consumer Dispute Resolution Act (VSBG), as Netsh UG has fewer than ten employees on 31 December of the previous calendar year and is therefore exempt from the corresponding declaration requirement.

25.5 No exclusion of mandatory rights

Where you are a consumer, the choice of governing law in § 28 does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of the country in which you have your habitual residence (Art. 6 (2) of Regulation (EC) No 593/2008 — Rome I).

§ 26Sanctioned Territories and User Representations

You represent and warrant that you are not:

1. organised under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target of comprehensive economic or trade sanctions or embargoes imposed by the European Union, the United Nations, or the United States (currently including, without limitation, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, Kherson, Luhansk and Zaporizhzhia regions of Ukraine);
2. identified on a list of prohibited or restricted persons maintained by a competent authority, including the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons (SDN), the EU Consolidated Financial Sanctions List, or the United Nations Consolidated Sanctions List; or
3. otherwise the target of sanctions imposed by the European Union, the United Nations, or the United States.

The Service is not available in territories subject to the sanctions referred to above. We may suspend or terminate your account immediately and without notice if we determine, or have a reasonable basis to believe, that you have ceased to comply with the representations in this § 26.

§ 27Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated version here, change the “Effective” date in the header, and increment the version number. For changes that materially affect your rights, we will notify you in the App or by email at least 30 days before the change takes effect.

Continued use of the Service after a change becomes effective constitutes acceptance of the updated Terms. If you do not agree to the change, you must stop using the Service and may delete your account as described in § 21.

§ 28Governing Law and Disputes

28.1 Governing law

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding the conflict-of-laws rules to the extent that they would refer to another jurisdiction.

Where you are a consumer, this choice of law does not deprive you of the protection afforded to you by mandatory provisions of the law of your country of habitual residence (see § 25.5).

28.2 Jurisdiction

Subject to the consumer protections referenced in § 25, the exclusive place of jurisdiction for any dispute arising out of or in connection with these Terms is the court at the registered seat of Netsh UG in 78234 Engen, Germany (currently Amtsgericht Freiburg or, depending on the value in dispute, Landgericht Konstanz). Where you are a consumer with your habitual residence in the European Union, the United Kingdom, Switzerland, or Brazil, you may always bring proceedings before the courts of your own country of habitual residence.

28.3 Amicable dispute resolution

Before initiating any formal legal proceedings, we ask you to contact us first at hello@brogress.app with a description of your complaint and the resolution you seek. We commit to acknowledging your message within 5 business days and will attempt in good faith to resolve the dispute informally.

28.4 No jury trial; no class actions

To the maximum extent permitted by applicable law, you and Netsh UG each waive any right to a trial by jury and any right to participate in a class action, collective action, or representative action against the other in respect of any dispute arising out of or in connection with these Terms or the Service. This § 28.4 does not apply to the extent that mandatory consumer protection law in your country of habitual residence prohibits such a waiver.

§ 29Severability

If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall otherwise remain in full force and effect.

Where a provision is invalid because it conflicts with mandatory consumer protection law applicable to a given user, the relevant mandatory rule applies in place of the affected provision for that user only; for all other users, the original provision continues to apply to the maximum extent permitted by law.

§ 30No Waiver / No Agency

A waiver by Netsh UG of any provision of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The failure of Netsh UG to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Nothing in these Terms creates an employment, agency, partnership, joint venture, or fiduciary relationship between you and Netsh UG. You may not represent yourself as an employee, agent, or partner of Netsh UG.

§ 31Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Netsh UG concerning the subject matter hereof and supersede any prior or contemporaneous understanding between the parties on the same subject. We may assign our rights and obligations under these Terms to an affiliate or successor in connection with a merger, acquisition, reorganisation, or sale of substantially all of our assets, without your consent and without notice. You may not assign your rights or obligations under these Terms.

In the event of any such assignment to a successor entity, your personal data may also transfer to that successor as described in § 14 of our Privacy Policy (Business transfers), including the 30-day advance-notice commitment for material changes to processing.

§ 32Electronic Communications

You consent to receive communications from us in electronic form (including in-app notifications, push notifications, and emails to the address associated with your account). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, except where mandatory law requires a particular form (such as written paper form or qualified electronic signature).

§ 33Language

These Terms were originally written in English. A German translation is provided at brogress.app/agb for the convenience of German-speaking users. In the event of any conflict between the English and German versions, the English version controls — except where mandatory consumer protection law requires the German version to prevail for German consumers.

§ 34Contact

For any question, request, or complaint about these Terms or the Service: