Terms and Conditions

1. Scope and who we are

These Terms and Conditions (“Terms”) govern your use of the website kessa.health and of the Kessa: Endo & PCOS Tracker mobile app (the “App”), operated by Bytes & Pixels GmbH, Gröbenzeller Str. 40, 80997 München, Deutschland (“we”, “us”), registered at Amtsgericht München under HRB 259197.

By using the website or the App you accept these Terms. If you do not accept them, please do not use the website or the App. Where the Apple App Store, Google Play or a payment provider imposes its own terms on a purchase, those terms apply to that purchase in addition to these.

2. The service

Kessa is a symptom and cycle tracker for people living with endometriosis, PCOS and related conditions: you record how you feel, and the app turns those entries into trends and reports you can take to an appointment.

With Kessa: Endo & PCOS Tracker you can:

• log symptoms, pain levels, bleeding, mood and energy day by day
• track your cycle, medication, supplements and treatments
• keep notes and questions for upcoming doctor appointments
• see how your symptoms develop over time
• export a report to share with your care team
• set reminders for medication and for logging

The App is free to download. Where it offers paid features, they are described in the section on paid features below.

3. No medical advice

Kessa is a self-tracking tool, not a medical device. It does not diagnose, treat, cure or prevent any condition, and nothing in the app is medical advice.

Always consult a qualified healthcare professional about your symptoms, medication and treatment, and never delay seeking medical help because of something the app showed you. If you think you are having a medical emergency, call your local emergency number immediately.

Kessa must not be used as a method of contraception or as a fertility treatment. Cycle information in the app cannot tell you when you are or are not fertile.

4. Trends and predictions are estimates

Every trend, average or prediction is calculated from the entries you make. Incomplete entries, or irregular cycles — which are common with endometriosis and PCOS — make those calculations less reliable.

A report you export is a summary of your own entries, not a clinical assessment. Please read it before you share it with anyone.

5. Eligibility and age

You must be at least 16 years old to use the App. If you are under 18, you may use it only with the permission of a parent or guardian, who accepts these Terms on your behalf. Where we process personal data on the basis of consent, users under 16 in the EU additionally need the consent of a parent or guardian (Art. 8 GDPR).

By using the App you confirm that you meet the age requirement and that your use complies with the law where you live. We may suspend accounts we reasonably believe belong to underage users.

6. Your account

Some features require an account. Please provide accurate information, keep it up to date, keep your login details confidential, and tell us at ben@bytes-and-pixels.de if you think someone else is using your account. You are responsible for activity that happens under it.

You can delete your account at any time: open Settings → Account → Delete account in the app, which permanently removes your entries together with your account. We may suspend or close an account that materially breaches these Terms, and we will tell you why unless we are legally prevented from doing so.

7. Content you provide

The App lets you store your symptom entries, cycle data, notes and any photos you attach. That content remains yours. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy and process it for the sole purpose of running the service for you — for example to sync it between your devices, back it up, or produce the results you asked for. The licence ends when you delete the content, apart from copies in routine backups.

We do not publish or sell your content. We use it to improve the App only in aggregated or anonymised form, or with your separate consent. You are responsible for having the necessary rights to the content you upload and for not uploading anything unlawful.

8. Paid features and subscriptions

Paying unlocks unlimited history, advanced trend reports, data export and additional reminders. The price, the billing period and what is included are shown before you buy, and you only pay after you confirm the purchase.

All payments are final and non-refundable, unless otherwise required by law or stated below.

Purchases made inside the App are sold and billed by Apple or Google through your App Store or Google Play account, under their terms — we never receive your payment details. Subscriptions renew automatically for the same period unless you cancel at least 24 hours before the current period ends. You manage and cancel them in the subscription settings of your Apple or Google account; deleting the App does not cancel a subscription.

Refunds for purchases made through the Apple App Store or Google Play are handled by Apple or Google under their own refund policies.

9. Availability and changes to the service

We may add, change or remove features, and we may discontinue the website or the App altogether. We aim for high availability but cannot promise uninterrupted access: maintenance, store review, third-party outages and network problems can interrupt it.

Some features need an internet connection, a supported operating system version and enough storage on your device. We may stop supporting older operating system versions.

10. Acceptable use

You agree not to:

• use the website or the App unlawfully or for a purpose it is not intended for;
• disrupt, overload or interfere with its operation or security;
• copy, scrape or systematically extract its content or data, except as permitted by mandatory law;
• reverse-engineer, decompile or attempt to derive the source code, except to the extent this cannot be excluded by law;
• circumvent access restrictions, paywalls or usage limits, or share paid access with others; or
• provide false information or impersonate someone else.

11. Intellectual property

All content on this website — texts, images, logos and the Kessa brand — is protected by copyright and trademark law. Any use beyond viewing the website requires our prior written consent.

The App is licensed to you, not sold. We grant you a personal, non-transferable, revocable licence to install and use it on devices you own or control, for private, non-commercial purposes, for as long as you comply with these Terms.

12. Third-party services and links

The website and the App link to or integrate services operated by third parties, such as the Apple App Store, Google Play and payment providers. We do not control their content and accept no liability for it. Their terms and privacy policies apply to your use of them.

13. Warranty and your statutory rights

Your statutory rights as a consumer, including the rights for digital products under §§ 327 ff. BGB, remain unaffected by these Terms.

Beyond those rights, the website and the free parts of the App are provided as they are. We do not warrant that they will be error-free, uninterrupted, or fit for a purpose you have in mind, and we do not warrant that the information displayed is complete or up to date.

14. Liability

We are liable without limitation for intent and gross negligence, and under the German Product Liability Act. In the event of slight negligence, we are only liable for damages arising from injury to life, body or health, or from the breach of essential contractual obligations (obligations whose fulfilment makes proper performance possible in the first place and on whose observance you may regularly rely), in which case liability is limited to the foreseeable damage typical for this kind of contract. Any further liability is excluded.

15. Indemnity

If a third party brings a claim against us because you used the App or the website in breach of these Terms or unlawfully, you will indemnify us against that claim and the reasonable costs of legal defence — unless you are not responsible for the breach. We will tell you about the claim without undue delay and give you the opportunity to comment before we settle it.

16. Term and termination

You may stop using the App at any time and delete it from your device, and you may delete your account. We may terminate this agreement with reasonable notice, or without notice if you materially breach these Terms. Paid access ends as described in the section on paid features; sections that by their nature should survive termination (such as liability and governing law) continue to apply.

17. Additional terms for the Apple App Store

These Terms are concluded between you and Bytes & Pixels GmbH only, not with Apple. Apple is not responsible for the App or its content and has no obligation to provide any maintenance or support for it.

If the App does not conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. We, not Apple, are responsible for addressing any claim relating to the App, including product liability, regulatory and intellectual-property claims.

You confirm that you are not located in a country subject to a US Government embargo and that you are not listed on any US Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

18. Changes to these Terms

We may amend these Terms when we change the service or when the legal or technical situation requires it. We will announce material changes at least 30 days before they take effect, by e-mail or in the App. If you do not agree, you may stop using the service and cancel any paid access before the change takes effect; if you continue to use the service afterwards, the new version applies. Changes that are purely to your advantage or required by law may take effect immediately. The current version is always available at https://kessa.health/terms.

19. Governing law and dispute resolution

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, this choice does not deprive you of the protection of the mandatory provisions of the law of the country in which you have your habitual residence.

If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Munich, Germany. The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

20. Contact

Bytes & Pixels GmbH
Gröbenzeller Str. 40, 80997 München, Deutschland
Legal notices: kontakt@bytes-and-pixels.de
Support: ben@bytes-and-pixels.de