Terms of Service

Section 1 — Provider and Scope

These Terms of Service apply to all contracts between Jevgenij Noskov ("Da.", "we") and users ("you") regarding the use of the Da. Safety Check-in App ("Da.", "App").

Section 2 — Service Description

Da. is a mobile app that allows users to check in daily and notify trusted contacts ("Watchers") when a check-in is missed.

Important notice: Da. is not an emergency service. The app does not replace an emergency call system, medical monitoring, or security service. In acute emergencies, please call 112. We assume no liability for delays or technical failures in notifications.

App features vary depending on the selected plan (Free, Plus, Family) as described at da-app.eu/en/#pricing.

Section 3 — Contract Formation

The contract is formed upon registration in the app and acceptance of these Terms of Service. For paid plans, the contract is additionally confirmed through Apple App Store or Google Play Store.

Section 4 — Minimum Age and Legal Capacity

Use of the app requires a minimum age of 16. Persons under 16 may only use the app with parental or guardian consent. By registering, you confirm that you are at least 16 years old or have obtained parental or guardian consent.

Section 5 — User Obligations

The user agrees to:

• provide truthful information during registration;
• keep login credentials confidential and not share them with third parties;
• not misuse the app, in particular not to intentionally trigger false alarms;
• ensure that invited Watchers are informed about their role and have consented to the invitation.

Section 6 — Subscription Terms and Pricing

Paid plans (Plus: EUR 2.99/month; Family: EUR 7.99/month) are billed monthly or annually (as selected) through Apple App Store or Google Play Store. Prices shown are final prices. VAT is collected and remitted by the respective store operator (Apple / Google) as marketplace operator pursuant to Section 3(11a) of the German VAT Act (UStG). Da. operates as a small business under Section 19 UStG and does not charge VAT separately.

Billing occurs automatically on the respective renewal date unless the subscription has been cancelled in time.

Section 7 — Cancellation

Subscriptions can be cancelled at any time to the end of the current billing period. Cancellation must be made at least 24 hours before the end of the current billing period, in accordance with the terms of the respective app store (Apple App Store / Google Play Store). There is no minimum contract term.

Cancellation is done directly through:

• iOS: Settings → [Your Name] → Subscriptions → Da. → Cancel Subscription
• Android: Google Play Store → Subscriptions → Da. → Cancel

After cancellation, access remains until the end of the paid period.

Section 8 — Limitation of Liability

We are fully liable for intent and gross negligence as well as for injury to life, body, and health.

In cases of slight negligence, we are only liable for breach of material contractual obligations (cardinal obligations), limited to the typical, foreseeable damage.

We provide no guarantee for the delivery of push notifications, as this depends on third-party services (Apple APNs, Google FCM) over which we have no control.

Use of the app requires an active internet connection and a charged, switched-on device. Without a connection, check-ins cannot be transmitted and notifications cannot be delivered.

Da. does not constitute medical advice, diagnosis, or monitoring. The app does not replace medical treatment, an emergency call system, or professional care services.

Da. is not a medical device within the meaning of Regulation (EU) 2017/745 (Medical Device Regulation, MDR) and is not subject to any such certification.

The user is responsible for keeping their emergency contacts (Watchers) up to date and ensuring that invited persons are able to respond when needed.

Section 9 — Update Obligation

We provide security and functionality updates for the app insofar as these are necessary to maintain contractual conformity. We recommend installing updates promptly.

Section 10 — Right of Withdrawal

Consumers are entitled to a statutory right of withdrawal. The complete cancellation policy and model withdrawal form can be found at: Right of Withdrawal.

Section 11 — Data Protection

Our Privacy Policy applies.

Section 12 — Applicable Law and Jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is Munich, to the extent legally permissible.

Section 13 — Severability Clause

If any provision of these Terms of Service is or becomes invalid, the validity of the remaining provisions shall remain unaffected.