Terms and Conditions

1What this is about

1.1 These terms apply to the use of the Poquito app for iOS and Android (the "app"). The provider is Poquito Media UG (haftungsbeschränkt), Langhansstraße 86, 13086 Berlin, Germany, registered in the commercial register of the Local Court of Charlottenburg under HRB 278401 ("we" or "us").

1.2 With the app you create personalised read-aloud stories in which your child plays the main role. These terms set out what we owe you and what we expect from you.

1.3 Paid subscriptions and purchases of credit are additionally governed by the terms of the App Store or Google Play. Section 8 explains why.

1.4 Your own terms and conditions do not become part of the contract unless we expressly agree to them in text form.

1.5 A consumer within the meaning of these terms is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession.

1.6 If you obtained the app from the App Store, the additional provisions in Section 18 also apply. Insofar as they concern your relationship with Apple, they take precedence over the other provisions in the event of a conflict.

2Poquito is a service for adults

2.1 The app is intended exclusively for adults and for private use. By registering, you confirm that you are at least 18 years old.

2.2 Your child does not create an account, does not enter anything and is not a party to the contract. Your child can only listen to the stories in our series and to personalised stories that you have read and released beforehand (Section 5.4).

2.3 If you create a profile for a child for whom you do not have parental responsibility — for example as a grandparent or godparent — you warrant that the child's parents or guardians agree.

3Your account and how the contract is concluded

3.1 You need an account to use the app. There is no right to registration.

3.2 When registering, you provide your first name and a valid email address. Alternatively, you can sign in with your Google or Apple account. Your details must be truthful.

3.3 This is how the contract is concluded: you enter your details, can check and correct them before submitting, and complete registration with the button provided for this. In doing so, you make an offer to conclude a free-of-charge contract for the use of the app's basic functions. We accept it by activating your account and sending you a confirmation by email.

3.4 The contract language is German. We provide this English translation for your convenience; the German version is authoritative. We store these terms in their current version. You can access, save and print them at any time in the app and at poquito.ai/app/agb, in English at poquito.ai/en/app/terms. We send you the version in force at the time of your registration with the confirmation.

3.5 The app shows you the scope of free use — for example, how many stories you can create without a subscription and whether we give you credit to start with. We may change this scope for new accounts. Section 9 applies to your existing account.

3.6 Keep your login details secret and let us know if you have reason to believe that someone else is using your account.

3.7 You can delete your account at any time — in the app under "Settings" and independently of the app at poquito.ai/delete-account. When you delete it, we remove the data belonging to your account unless statutory retention obligations prevent this. There is no mere deactivation.

3.8 Important: Deleting your account does not end your subscription. A subscription taken out via the App Store or Google Play must be cancelled separately in the settings of the respective store. We cannot do this for you. Credit is tied to your account and lapses on deletion, purchased credit as well as credit given to you. There is no refund for it. Please use your credit before deleting your account; the app and the deletion page show you beforehand how much you have left. For credit you bought before this version 1.5 applies to you, we will continue to refund the unused part of the purchase price on request to legal@poquito.ai. If you withdraw from the user contract, section 19 applies to purchased credit.

3.9 As a consumer, you can withdraw from the usage contract within fourteen days. The withdrawal instructions in section 19 explain how; you will find the model withdrawal form in section 20. The easiest way is the "Vertrag widerrufen" ("Withdraw from contract") button in the app under "Settings", or the page poquito.ai/withdrawal, which works without logging in. For subscriptions and credit, the withdrawal rules of the respective store apply (section 8.2).

4What we provide

4.1 We provide you with an app with which you can generate read-aloud stories. They are based on the details you enter about the characters and on the topic card you choose. We also provide ready-made stories from our series.

4.2 We owe you the generation of a story based on your details, not a particular content outcome. Section 5 explains how the stories are created and what this means for their content.

4.3 We endeavour to keep the app available at all times. Interruptions due to maintenance, technical faults or failures of upstream services are excluded from this.

4.4 We use service providers to deliver our services. Our privacy notice sets out who they are and what they process.

4.5 The app's page in the App Store or on Google Play shows you which devices and operating system versions the app requires before you download it.

5How the stories are created — and how to report content

5.1 The text of the story and the read-aloud audio version are generated with artificial intelligence systems. We label the stories in the app as generated with artificial intelligence. For the audio version we use a ready-made voice provided by the speech synthesis vendor. We do not clone voices and do not process voice recordings of you or your child.

5.2 A story is written anew each time it is requested. It may contain linguistic inaccuracies or factual errors and may differ from other stories in structure, style and length. This is inherent in the way it is generated. We point this out to you separately before you register and ask you to confirm it.

5.3 We created the illustrations in the app in advance using artificial intelligence tools. They are not generated from your details. We never ask you for a photo of your child or of other people and do not generate images of them.

5.4 We use automated checks to avoid content that is unsuitable for children. These checks do not catch every single case. That is why the app only releases the audio version of a personalised story for your child once you have read the story and confirmed that it suits your child. We read and approved the stories in our series before publication.

5.5 If you find something in a story that is not suitable for children or is unlawful, please report it to us. In the app, every story has a "Report content" button. You can also write to us at report@poquito.ai.

5.6 It helps us to know which story it is, which passage you mean and what is wrong with it. We don't need anything more.

5.7 We confirm receipt and review every report. If the story is indeed unsuitable or unlawful, we remove it and adjust our checks. We let you know how we decided. Reporting is free of charge and has no disadvantages for your account.

6What we expect from you

6.1 Keep your details accurate and up to date.

6.2 Do not use the app unlawfully and do not try to circumvent technical protection measures or usage restrictions.

6.3 Tell us about defects as soon as you notice them.

6.4 If you create characters based on real people, please make sure that these people agree. Use first names only — for people outside your family, ideally made-up names — and leave out details that the story does not need, in particular details about health, religion or similarly sensitive topics.

6.5 Do not share your login details and do not allow your account to be used by several households. Family Sharing under Section 18.2 remains unaffected.

7Your rights in the stories

7.1 To the extent that rights exist in the stories and audio files generated for you, you receive a simple (non-exclusive) right to use them privately, unlimited in space and time. It continues to apply after the contract ends.

7.2 Any commercial exploitation — in particular publication, reproduction for commercial purposes or passing on for a fee — requires our prior consent in text form.

7.3 All rights in the app itself, its design, the topic cards and the character Cleo remain with us, as do any rights in the illustrations, to the extent such rights exist.

8Subscriptions and credit — who your contractual partner is

8.1 You buy paid subscriptions and credit exclusively through the store's billing and not from us. Your contractual partner is the operator of the store from which you obtained the app:

• App Store: your contractual partner is Apple Distribution International Ltd.
• Google Play: your contractual partner is Google Commerce Limited.

8.2 These purchases are governed by the terms of the respective store. There you will also find information on your right of withdrawal, refunds and cancellation. We are not a party to these contracts and do not receive any payment details from you when you buy.

8.3 The prices shown to you during the purchase process apply. All prices include statutory VAT. Invoices and payment receipts are provided by the respective store.

8.4 A subscription includes a certain number of stories per billing month. The app shows you how many before you buy. Stories from this allowance that you do not use in a billing month expire at its end and are not carried over to the next one.

8.5 You buy credit individually or in packs. You redeem it in the app for particular services, for example for an additional story or for the audio version of a story. The app shows you what a credit covers before you buy. We may also give you credit, for example when you start or as part of a promotion; others may also give you credit as a gift where the app offers this.

8.6 Credit does not expire as long as your account exists. This applies to purchased credit as well as to credit we give you, for example on registration. It is available to you in addition to a subscription. When you create a story or an audio version, we first use your subscription allowance, then credit given to you and finally purchased credit. Credit is tied to your account and cannot be transferred to another account. Sections 3.8, 12.3 and 12.4 govern what happens to purchased credit if you delete your account or we terminate the user contract.

8.7 You cancel your subscription in the settings of the App Store or Google Play. The app shows you how to get there.

8.8 If you use a trial period, it turns into a paid subscription when it ends unless you end it beforehand. The respective store informs you of the length of the trial period, the subsequent price and how to end it before you sign up.

8.9 As long as a subscription exists or you have credit, we unlock the corresponding scope in the app. Our privacy notice explains which information we receive from the store for this purpose.

9Updates and changes to the app

9.1 During the term of the contract, we provide you with the updates that are necessary to keep the app in conformity with the contract. These include security updates.

9.2 You receive updates via the App Store or Google Play, as with any other app. We do not push updates to your device by bypassing the stores. Whether you update automatically is up to you in your device settings.

9.3 Beyond the changes required to maintain conformity, we may change the app if there is a valid reason for doing so — in particular adaptation to new technical environments or operating systems, changes to or discontinuation of our service providers' services, security reasons or a change in the law —, if this does not cause you any additional costs and if we inform you clearly and comprehensibly about the change. If a change impairs your access or the usability of the app more than insignificantly, we will inform you in text form at least six weeks in advance and point out your right to terminate. You may then terminate the contract free of charge within 30 days of receiving the information or, if the change takes effect later, within 30 days of it taking effect.

9.4 A reduction in the scope of free use under Section 3.5 for your existing account is a change within the meaning of Section 9.3.

10If something doesn't work

10.1 Your statutory rights remain unaffected. If you are a consumer, the statutory provisions apply in the event of defects, in particular the provisions on consumer contracts for digital products, to the extent that they apply to the contract in question.

10.2 Subject to Sections 3.8, 12.3 and 12.4, claims relating to your subscription or to purchased credit — for example for a refund — are directed against the store as your contractual partner and follow its terms. Please still tell us about the problem: we take care of the technical side.

10.3 If you refuse to cooperate reasonably and as necessary in determining whether an impairment is caused by your digital environment, you bear the burden of proving a defect to that extent. Section 11 remains unaffected.

10.4 If you are a trader, the limitation period for claims for defects is twelve months from provision. This does not apply to claims under Section 11.1.

11Liability

11.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the provisions of the German Product Liability Act and to the extent of any guarantee we have given.

11.2 In the event of a slightly negligent breach of an obligation whose fulfilment is essential for the proper performance of the contract and on whose fulfilment you may regularly rely, our liability is limited to the foreseeable damage typical for the contract.

11.3 Otherwise, our liability is excluded.

11.4 These limitations also apply in favour of our legal representatives and vicarious agents.

12Suspension, term and termination

12.1 If you breach Section 6, we may temporarily suspend your account if this is necessary to protect other users, the service or third parties. We inform you of the suspension and the reason for it and lift it as soon as the reason no longer applies. In this case, the store's refund rules apply to an ongoing subscription.

12.2 The free user contract runs for an indefinite period. You can end it at any time without notice by deleting your account.

12.3 We may terminate the user contract with 30 days' notice. If a subscription is running, our termination takes effect at the earliest at the end of the billing period already paid for. In the notice of termination, we point out that you must end the subscription with the store so that it does not renew. If you have purchased credit that you have not used by the time our termination takes effect, we refund you the part of the purchase price attributable to that credit. We do not refund credit that we gave you.

12.4 The right of either party to terminate for good cause remains unaffected. Good cause exists for us in particular if you breach Section 6 again despite a suspension or warning. The rules on refunding credit in Section 12.3 apply accordingly; our claims for damages remain unaffected.

12.5 Termination of the user contract does not affect your subscription with the store. Section 3.8 applies.

12.6 After termination, we delete your account in accordance with Section 3.7. You may continue to use stories that you previously saved outside the app in accordance with Section 7.1.

13Data protection

13.1 How we handle your data and your child's data is set out in our privacy notice. You can find it in the app and at poquito.ai/en/app/privacy.

13.2 The privacy notice is not part of these terms.

14Changes to these terms

14.1 We may amend these terms if this is necessary to adapt them to a change in the law, to supreme court case law or to a change in our offering.

14.2 We present the amended terms to you the next time you start the app and ask for your consent. Without your consent, they do not take effect in relation to you. Your silence does not count as consent.

14.3 If you do not agree, you can continue to use the app to the existing extent. In this case, we may terminate the user contract in accordance with Section 12.3.

15Dispute resolution

15.1 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

16Final provisions

16.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.

16.2 If you are a merchant, a legal entity under public law or a special fund under public law, Berlin is the exclusive place of jurisdiction.

16.3 Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.

17Contact

18Additional provisions for users who obtained the app from the App Store

The following provisions apply only if you obtained the app from the App Store.

18.1 These terms are concluded solely between you and us, not with Apple. We alone are responsible for the app and its content.

18.2 The non-transferable right to use the app applies to Apple devices that you own or control, within the usage rules of the Apple Media Services Terms and Conditions. Insofar as we have enabled Family Sharing, members of your family group may also use the app.

18.3 Apple has no obligation to provide any maintenance or support services for the app.

18.4 If the app fails to conform to any applicable warranty, you may notify Apple. In that case Apple may refund the purchase price to you. Beyond that, Apple has no warranty obligation. Your statutory rights remain unaffected.

18.5 We, not Apple, are responsible for your claims relating to the app, in particular product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, claims under consumer protection and data protection law, and claims for infringement of third-party rights. Claims under your purchase contract with Apple (Sections 8 and 10.2) remain unaffected.

18.6 If a third party claims that the app infringes its intellectual property rights, we alone are responsible for defending against such claims.

18.7 When using the app, you comply with applicable third-party terms, such as those of your mobile network provider.

18.8 You represent that you are not located in a country that is subject to a United States embargo or that has been designated as a terrorist-supporting country, and that you are not listed on any corresponding list of prohibited parties.

18.9 Apple and its subsidiaries are third-party beneficiaries of these terms. Upon your acceptance of these terms, Apple has the right to enforce them against you.

19Withdrawal instructions

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (Poquito Media UG (haftungsbeschränkt), Langhansstraße 86, 13086 Berlin, Germany, phone +49 162 7572525, email legal@poquito.ai) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the model withdrawal form in section 20, but this is not mandatory.

You can also exercise your right of withdrawal online: in the app under "Settings" using the "Vertrag widerrufen" ("Withdraw from contract") button, and without logging in at poquito.ai/withdrawal. If you use this online function, we will promptly send you an acknowledgement of receipt on a durable medium (e.g. by email), stating the content of your withdrawal declaration and the date and time it was received.

To meet the withdrawal deadline, it is sufficient for you to send your notice of withdrawal before the withdrawal period has expired.

Effects of withdrawal

The usage contract with us is free of charge. If you withdraw from it, there are therefore no payments for us to refund. Withdrawal ends the contract; we delete your account and the associated data as with an account deletion (section 3.7).

Subscriptions and credit

This right of withdrawal only concerns the usage contract with us. You buy subscriptions and credit from the App Store or Google Play (section 8). Their withdrawal and refund are governed exclusively by the terms of Apple or Google; please contact the respective store directly. Withdrawing from the usage contract does not end a subscription; you must cancel it with the store (section 3.8). By way of derogation from section 3.8, we refund purchased credit you have not yet used at the time of withdrawal pro rata; please write to legal@poquito.ai.

20Model withdrawal form

(If you want to withdraw from the contract, please complete and return this form.)

(*) Delete as appropriate.