1. Scope and provider
These Terms of Service (“Terms”) apply to the use of the ShiftEgo app and the website shiftego.com (together the “Service”). The Service is provided by StackBytes GmbH, Haarwiesenstraße 18, 73054 Eislingen, Germany, entered in the commercial register of the Amtsgericht Ulm (Local Court of Ulm) under HRB 751612 (“we”, “us”, “our”). “You” means the person using the Service.
Our Privacy Policy explains how we handle your personal data.
2. The Service
ShiftEgo is a self-improvement app for everyday situations. It offers courses with daily exercises that you play through in your head and then try in real life, along with progress tracking, reminders and a home screen widget. We continuously develop the Service and may add, change or remove courses, exercises and features, as long as the core of what you paid for remains available and the change is reasonable for you.
3. Eligibility
You must be at least 13 years old to use the Service. If you are not yet of legal age in the country where you live, you may only use the Service with the consent of a parent or legal guardian, who agrees to these Terms on your behalf. Purchases are made through the App Store or Google Play, whose rules and parental controls apply.
4. Your account
To keep your progress, you create an account with your email address. Please provide accurate information and keep your login details confidential. You are responsible for activity under your account unless it occurs through no fault of your own. You can delete your account at any time in the app under Settings → Delete account or on our Delete Account page. Deleting your account does not cancel a subscription (see section 7).
5. Subscriptions and free trial
- Plans: Access to the courses requires a subscription or, if offered, a lifetime purchase (section 6). We currently offer a 3-month plan and a yearly plan. The price and billing period are shown in the app before you buy.
- Purchase and billing: Subscriptions are bought and billed through the Apple App Store or Google Play (the “Store”). The Store's terms of sale apply to the purchase, including payment, statutory withdrawal rights and refunds.
- Free trial: Some plans include a free trial (currently 7 days on the 3-month plan). If you don't cancel at least 24 hours before the trial ends, the paid subscription starts automatically. We'll remind you before the trial ends if you allow notifications.
- Automatic renewal: Subscriptions renew automatically for the same period unless you cancel at least 24 hours before the end of the current period.
- Cancellation: Cancel at any time in the subscription settings of the App Store or Google Play, or from the app under Settings → Manage subscription. Your access continues until the end of the paid period.
- Price changes: Price changes for existing subscriptions follow the Store's rules; where required, you will be asked to agree before a higher price applies.
- Refunds: Refunds are handled by Apple or Google under their policies. We cannot issue refunds for Store purchases ourselves.
6. Lifetime access
If we offer a one-time “Lifetime” purchase, it gives you access to the Service for as long as we operate the Service, not for your lifetime. If we decide to discontinue the Service, we will announce this at least three months in advance. Your access ends when the Service is discontinued. Mandatory statutory rights remain unaffected.
7. Deleting the app or your account
Deleting the app or your account does not cancel your subscription. Please cancel it in the subscription settings of your Store.
8. Acceptable use and content
All courses, exercises, texts, images and other content of the Service are protected by copyright and belong to us or our licensors. We grant you a personal, non-transferable, non-exclusive right to use the Service for private, non-commercial purposes for as long as you have access. You may not copy, distribute, sell or publicly reproduce the content, reverse engineer the app, or use the Service in a way that harms it or other users. If you seriously violate these Terms, we may suspend or terminate your account.
9. No medical advice
ShiftEgo is a self-improvement app. It does not provide medical, psychological or therapeutic advice and is not a substitute for professional help. Results depend on your own practice; we do not guarantee specific outcomes. If you are in a crisis or think you may be in danger, contact your local emergency services right away.
10. Availability
We work to keep the Service available, but we cannot guarantee uninterrupted availability. Maintenance, updates, technical problems or circumstances beyond our control may temporarily limit access.
11. Liability
If you live in the European Union or the European Economic Area
We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent we have given a guarantee. For slight negligence, we are only liable for breaches of essential contractual obligations (obligations whose fulfillment makes the proper performance of the contract possible in the first place and on which you may regularly rely), limited to the foreseeable damage typical for this type of contract. Otherwise, our liability is excluded. These limits also apply to our employees and agents.
If you live in the United States or anywhere else outside the European Union and the European Economic Area
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR USD 50.
Some states and countries do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
12. App Store and Google Play
These Terms are concluded between you and StackBytes GmbH only, not with Apple or Google. We, not Apple or Google, are responsible for the app and its content, including maintenance, support and any claims relating to the app. If you downloaded the app from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Apple has no obligation to provide maintenance or support for the app. In the event the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation regarding the app. Apple is not responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, consumer protection claims, or claims that the app infringes third-party intellectual property rights. When using the app, you must comply with applicable third-party terms, such as those of your mobile carrier. You represent that you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
13. Changes to these Terms
We may change these Terms for valid reasons, for example due to changes in the law, new features or court decisions. We will inform you of changes at least 30 days before they take effect, for example in the app or by email. If you don't object before the changes take effect, they apply from then on; we will point this out to you in the notice. If you object, the previous version continues to apply to you until your subscription ends; you can cancel your subscription at any time. Changes to the main obligations, such as the price, require your express consent; price changes for existing subscriptions are handled as described in section 5.
14. Governing law and disputes
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of the country where you have your habitual residence. If you are a merchant (Kaufmann) within the meaning of the German Commercial Code, the place of jurisdiction is the registered office of StackBytes GmbH (Eislingen, Germany); for consumers, the statutory place of jurisdiction applies.
If you have a problem, please contact us first at apps@stackbytes.de; most issues can be solved quickly. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
15. Final provisions
If any provision of these Terms is or becomes invalid, the validity of the remaining provisions remains unaffected.
16. Contact
StackBytes GmbH, Haarwiesenstraße 18, 73054 Eislingen, Germany
Email: apps@stackbytes.de
Phone: +49 174 6201603