App Terms of Use (EULA)

End User License Agreement (EULA) for the Voicari App

As of: 21 October 2026

1. Scope

These terms of use govern the use of the Voicari mobile app (iOS and Android) by consumers. The provider is Voicari GmbH, Hessische Straße 11, 10115 Berlin, Germany ("Voicari"). They supplement the General Terms and Conditions of Voicari GmbH for Consumers (https://voicari.com/en/terms-of-service, the "GTC"); in the event of any conflict the GTC prevail, unless these terms of use expressly provide otherwise.

The German version is legally binding; translations are provided for information only.

2. Licence to use the App and restrictions

(1) Voicari grants the User, for the duration of the Membership, a simple, non-exclusive, non-transferable and non-sublicensable right to use the App and the associated digital content for the User's personal, private purposes.

(2) The following are prohibited in particular:

a) reproducing, editing, distributing or making publicly available the App or its components, insofar as this is not permitted by law;

b) reverse engineering, decompilation or disassembly, insofar as not permitted by mandatory statutory provisions (e.g. § 69e UrhG);

c) circumventing technical protection measures;

d) using the App for unlawful purposes or purposes contrary to public morality;

e) the automated mass querying of PetGPT (scraping, botting), insofar as this is contrary to ordinary private usage behaviour.

(3) Fair-use rule for PetGPT

a) The use of PetGPT is permitted within the scope of fair, personal use. Voicari is entitled to provide for a reasonable limitation of the number of requests per unit of time, insofar as this is necessary to maintain the quality of service for all users.

b) In the event of abusive use, Voicari is entitled to restrict access temporarily; § 16 GTC remains unaffected.

(4) All rights to the App, to the Voicari Series 1.0, to the algorithms used, to the trademarks, logos and other content remain with Voicari or its licensors.

3. User account

(1) A user account is required to use the App. The User provides truthful information when registering and keeps their login details confidential.

(2) The User is responsible for all activity carried out through their user account, insofar as they are responsible for it. If there are indications of misuse, they inform Voicari without delay at support@voicari.com.

(3) The User can delete their user account at any time in the App or by email to support@voicari.com. The rules of the GTC on blocking user accounts (§ 16 GTC) apply accordingly.

4. Data and privacy

(1) Voicari processes the User's personal data and the data about their dog recorded by the Voicari Series 1.0 exclusively in accordance with the privacy policy: https://voicari.com/en/privacy-policy

(2) Vocalisations are filtered directly on the device; ambient sound and human speech are discarded on the device. Details are set out in the privacy policy.

5. Wellness insights, not a medical diagnosis

(1) Heart rate, breathing, activity, sleep and the values, scores and emotion analyses derived from them are wellness insights. They are not a medical or veterinary diagnosis and the App is not a medical device.

(2) Notes on AI functions (PetGPT, emotion recognition)

a) The functions of the App, in particular PetGPT and the emotion analysis, are based on machine-learning methods and large language models. They provide probability-based results and not deterministic statements.

b) The User acknowledges and accepts that AI-supported evaluations may be erroneous, incomplete or outdated, may contain substantive biases from the training data, may generate so-called "hallucinations" (statements that sound plausible but are inaccurate), and may possibly fail to recognize context-related nuances, the individual peculiarities of the animal, or regional particularities.

c) The User examines the information generated by the AI functions for plausibility on their own responsibility before using it.

d) PetGPT does not replace expert advice from a veterinarian or another qualified animal-health service provider. In emergency situations or at signs of illness in the animal, veterinary advice must be sought without undue delay. Voicari clearly points this out in the App.

e) Voicari is liable for damages in connection with AI-generated recommendations in accordance with clause 6, paragraphs (1) to (3); no exclusion of liability beyond this takes place.

6. Liability

(1) Voicari is liable without limitation:

a) for damages arising from injury to life, body or health that are based on a negligent or intentional breach of duty by Voicari, its legal representatives or vicarious agents;

b) for other damages that are based on an intentional or grossly negligent breach of duty by Voicari, its legal representatives or vicarious agents;

c) in the event of fraudulent concealment of a defect;

d) within the scope of an expressly assumed guarantee;

e) for damages under the provisions of the Product Liability Act (ProdHaftG); this liability cannot be excluded pursuant to § 14 ProdHaftG.

(2) In the case of simple (ordinary) negligence, Voicari is liable only in the event of a breach of material contractual obligations (cardinal obligations / Kardinalpflichten). Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the User may regularly rely. In this case, liability is limited to the foreseeable damage typical of the contract.

(3) Any liability of Voicari beyond this is excluded. In particular, Voicari is not liable for lost profit, missed savings or indirect damages, insofar as these do not fall within the scope of application of paragraphs (1) and (2).

(4) Data loss

a) Within the scope of the limitations of liability under paragraph (2) (simple negligence / cardinal obligations), Voicari's liability for data losses is limited to the typical restoration effort that would have arisen had the customer made backup copies regularly and in a manner appropriate to the risk. Liability under paragraph (1) (intent, gross negligence, personal injury, ProdHaftG) remains unaffected.

b) The User is required to make their own data backups to a reasonable extent, insofar as Voicari provides them with a corresponding export function.

(5) The foregoing limitations of liability do not apply in the cases of paragraph (1), in particular not to claims under the Product Liability Act.

7. Memberships purchased in the iOS app

The following provisions apply when the User purchases a Membership as an auto-renewing subscription through an in-app purchase in the iOS app:

(1) Payment is charged to the User's Apple ID account at confirmation of purchase.

(2) The subscription renews automatically for the selected period unless it is cancelled at least 24 hours before the end of the current period.

(3) The renewal is charged to the Apple ID account within 24 hours before the end of the current period, at the price then applicable.

(4) The subscription can be managed and cancelled in the Apple ID settings (Subscriptions). Auto-renewal can be turned off there at any time; cancellation takes effect at the end of the current period.

(5) Refunds for purchases made through the Apple App Store are handled exclusively by Apple under its policies (https://reportaproblem.apple.com). The User's statutory rights, in particular the right of withdrawal under the GTC, remain unaffected.

(6) Apple's standard Licensed Application End User License Agreement also applies: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

8. Additional terms for the App obtained from the Apple App Store

In addition and as a minimum standard, the terms of Apple's standard Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/) apply, unless these terms of use contain a different, permissible provision. Apple is not responsible for the App or its support. In particular:

(1) Contractual relationship

The contract concerning the use of the App exists exclusively between the User and Voicari, not between the User and Apple Inc. ("Apple"). Voicari is solely responsible for the App and its content.

(2) Scope of use

Use of the App is limited to the usage rules set out in the "App Store Terms of Service".

(3) Maintenance and support

Apple is not obliged to provide any maintenance or support services. Inquiries must be directed to Voicari at support@voicari.com.

(4) Liability for defects

In the event of defects of the App, the User may have Apple refund the purchase price, insofar as this is provided for under the App Store Terms; Apple has no further warranty obligations. The User's statutory rights in respect of defects vis-à-vis Voicari under § 15 GTC remain unaffected by this.

(5) Product liability and third-party claims

Voicari, not Apple, is liable for all claims of the User or of third parties in connection with the App, in particular product-liability claims, claims for breach of consumer-protection provisions or of applicable legal requirements.

(6) Infringement of intellectual property rights

In the event of an allegation by a third party that the App infringes their intellectual property rights, Voicari, not Apple, is solely responsible for the investigation, defence and settlement of the claim.

(7) Export control

The User warrants that they are not located in a country that is listed on US embargo lists and that they are not themselves on such a list.

(8) Third-party beneficiary

The User and Voicari acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of these terms of use with regard to the App obtained via the Apple App Store. Apple is entitled to enforce the provisions of these terms of use against the User.

9. Governing law and place of jurisdiction

(1) Applicable law

a) The law of the Federal Republic of Germany applies to the contractual relationship between Voicari and the User, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

b) If the User has their habitual residence in another state, they retain the protection of the mandatory consumer-protection provisions of the law of their state of residence (Art. 6(2) Rome I Regulation).

(2) Place of jurisdiction

a) The statutory place of jurisdiction applies.

b) No agreement on a place of jurisdiction deviating from the law is made with consumers.

(3) Online dispute resolution and consumer arbitration

a) The European Commission discontinued the Online Dispute Resolution (ODR) platform as of 20 July 2025. An obligation to provide a link no longer exists in this respect.

b) Voicari is neither willing nor obliged to participate in a dispute-resolution procedure before a consumer arbitration body (§ 36(1) No. 1 VSBG).

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