Terms of Service — KitsuMedi

As of: 25 September 2026
Version: 0.9.0

The German version is authoritative. This English text is provided for information only (terms-de.md).

Provider, scope, and subject matter
Service description
Medical disclaimer (not a medical device)
Users, minimum age, multi-person and child profiles
Technical requirements, local data, backups, availability
Free use, KitsuMedi Plus, prices, and payment
Conclusion of contract for digital content and subscriptions
Right of withdrawal for consumers
User duties and prohibited use
Family & Care Sync (caregiver)
Intellectual property and licence
Liability
Term, termination, and deletion
Changes to these Terms
Dispute resolution and consumer arbitration
Governing law, jurisdiction, severability
Contact

1. Provider, scope, and subject matter

(1) The provider of the KitsuMedi mobile application and contracting party for use of the app and for paid digital content and in-app services is:

Tobias Bauer (binshaper)
Martinusstr. 41
52525 Heinsberg
Germany

Legal form: sole proprietor
Email: [email protected]

Legal notice (Impressum) and content responsibility match the information at binshaper.com/impressum (German DDG § 5).

(2) These Terms of Service (“Terms”) govern use of the KitsuMedi app (“App”) and — where applicable — purchase and use of paid digital content and subscriptions (“KitsuMedi Plus”) by consumers within the meaning of § 13 BGB (German Civil Code).

(3) Business users within the meaning of § 14 BGB may use the App; against business users these Terms apply only insofar as mandatory consumer law does not apply. Deviating terms for business users require written agreement.

(4) The subject matter is software / digital content (the App and its functions), not medical services, diagnosis, or treatment (see section 3).

(5) The in-app privacy notices (Settings → Privacy or More → Legal) and the hosted privacy policy at binshaper.com/apps/kitsumedi/privacy/ (EN: …/privacy/en/) apply in addition. These Terms are also hosted at binshaper.com/apps/kitsumedi/terms/ (EN: …/terms/en/). For the App, the in-app notices are authoritative; hosted versions serve e.g. the Play Store. In case of conflict between these Terms and mandatory data-protection information, the privacy notices prevail for those information duties. Hosted and in-app-referenced legal texts should use the same document version and date.

(6) These Terms apply to the Android version distributed via the Google Play Store, including in-app purchases and subscriptions through Google Play Billing. Other distribution channels may be governed separately when offered.

2. Service description

(1) KitsuMedi is an offline-first application to support medication reminders, documentation of intake (adherence), management of medication plans, optional vital signs, emergency information, and other health-related data you voluntarily record.

(2) Depending on version, device, and plan, the App may include in particular:

reminders and notifications for scheduled intake times;
logging of intake (taken, snoozed, missed, skipped);
stock, treatment periods, pauses, and tapering;
multi-person mode (several profiles on one device);
export of backups (encrypted .kitsumedi files) and optional CSV/PDF;
optional Family & Care Sync for end-to-end encrypted sharing with a second device (section 10);
optional KitsuMedi Plus — extended scope for your own medication management on the device (section 6).

(3) The feature set may change with app updates. There is no entitlement to specific future features unless expressly promised in the then-current store or in-app product description.

(4) The provider does not operate cloud backup of health data as a standard service. Backups occur only on your initiative (section 5).

(5) There is no service-level agreement for Family & Care Sync, Arclane entitlement checks, or other cloud relay functions (sections 5 and 12).

(6) The App is provided “as is” and “as available”. Beyond mandatory statutory rights (including conformity and defect rights for digital content), the provider gives no additional warranties for uninterrupted operation, error-free performance, fitness for a particular purpose, or compatibility with future devices or OS versions.

(7) Beta, test, or experimental features may be changed, limited, or removed at any time; there is no entitlement to their continuation.

3. Medical disclaimer (not a medical device)

(1) KitsuMedi is not a medical device within the meaning of Regulation (EU) 2017/745 (MDR) or equivalent national rules. The App is not intended to diagnose, treat, cure, or prevent diseases or other health conditions.

(2) KitsuMedi does not replace medical, nursing, or pharmacy advice and is not emergency care. In an emergency, call your local emergency services immediately (e.g. 112 in Germany).

(3) Medical decisions — including dosage, interactions, starting or stopping therapy — should always be discussed with qualified professionals. The App provides organizational support and documentation based on your own entries only.

(4) Reminders and alarms may fail to appear, be delayed, or be restricted by your device or OS for technical reasons (section 5). Do not rely solely on the App for time-critical medication intake.

(5) Content you or third parties enter (medication names, notes, emergency info) is not professionally reviewed by the provider.

(6) Where available in your App version, medication catalog or barcode suggestions serve as entry aids only — not dosage recommendations, interaction checks, or medical decisions (section 3).

4. Users, minimum age, multi-person and child profiles

(1) You must be legally able to enter into a contract under applicable law, or use the App only with consent and supervision of a parent or legal guardian.

(2) In multi-person mode you may create profiles for others (e.g. children, parents). You are responsible for being entitled to record and process the relevant personal and, where applicable, health data (GDPR Art. 9) — especially for minors and persons who cannot consent themselves.

(3) The provider does not verify whether you are authorized to represent or consent for third parties. Unlawful recording of others’ health data without a legal basis is prohibited (section 9).

(4) Local health data (Art. 9 GDPR): For health data you enter only locally on your device, the in-app privacy notices apply: consent is given by actively entering the data (e.g. adding a medication or vital). The App does not use a separate global first-use checkbox for local entry only. You may withdraw consent by deleting the data.

(5) If you process third parties’ health data, you must — independently of these Terms — inform the data subject and obtain consent where required. For child profiles, you bear responsibility under parental authority, Art. 8 GDPR, and Google Play Families policies where applicable.

(6) Store age ratings and targeting settings must be observed; the provider may set age restrictions in the Play Store.

5. Technical requirements, local data, backups, availability

(1) You need a compatible device, an installable App version, and — for cloud features and subscription verification — an internet connection. Reminders require notification permissions and possibly exact alarms / full-screen hints; availability depends on OS and manufacturer.

(2) Health and app data are stored by default locally on your device in an encrypted database. Without your active use of optional sync, this content does not leave your device.

(3) Backups: You may export encrypted backup files (.kitsumedi). These files are outside the provider’s control when stored on media you choose. Important:

Uninstalling the App or “Delete all data” does not automatically delete exported backups;
restoring a backup can reintroduce previously deleted or stale data (including caregiver pair state).

You are responsible for storage, passwords, and secure deletion of backups.

(4) No cloud backup: The provider does not centrally back up your local health data in a cloud you can retrieve.

(5) Reminders and system limits: Android devices (especially from Android 14) may cap scheduled alarms. OEM power saving, force-stop, and background restrictions can delay or suppress notifications. The App uses self-healing mechanisms but does not guarantee flawless delivery.

(6) Caregiver sync uses polling at intervals you choose; the server does not push to your device. Sync delays are possible.

(7) Maintenance, updates, or outages at Cloudflare (sync worker) or Arclane (subscription entitlement) may temporarily limit those features.

(8) There is no contractually promised availability, response, or recovery SLA for the App, sync, Arclane, or third-party infrastructure. Planned or unplanned maintenance, force majeure, and third-party outages (Google, Cloudflare, carriers, OEMs) may suspend services without compensation — except for intent, gross negligence, injury to life/body/health, or where mandatory consumer law (e.g. digital content conformity) applies.

6. Free use, KitsuMedi Plus, prices, and payment

(1) Caregiver-only use: If you use the App only to view another person’s medication data and — where permitted — acknowledge intake, at least one active Family & Care pair exists, and you manage no medications of your own on the device (owner surface), you may use KitsuMedi in that scope permanently free (subject to technical availability).

(2) KitsuMedi Plus (owner functions): For your own medication management on the device, from version 0.9.0 the App optionally offers KitsuMedi Plus:

30 days free trial with full owner features; thereafter
continuation only with an active subscription (monthly or yearly), or
— if at least one active Family & Care pair exists and you manage no medications of your own on the device — permanent caregiver-only use (section 6 (1)); otherwise full owner access ends when the trial expires (paywall / restricted access).

(3) Prices: Prices shown in Google Play at purchase are authoritative (including VAT where shown). The App may show indicative prices (e.g. monthly €2.99, yearly €19.99); these may differ from Play Store prices for taxes, currency, or regional pricing.

(4) Contract partner and payment: The provider (section 1) is your contracting party for KitsuMedi Plus (digital content / licence). Payment is processed via Google Play Billing; Google’s terms also apply. Payment data (e.g. credit card) is processed by Google, not the provider. KitsuMedi stores no payment data. Arclane (operated by the provider) verifies purchase receipts with Google to enable Plus — without access to your medication data in the App.

(5) Arclane: For server-side verification of purchase receipts and storage of entitlement status (pseudonymous subscriber ID, product IDs, expiry, token-related verification data without health data from the App), the provider uses Arclane at arclane.binshaper.com (Cloudflare). Details: Privacy Policy.

(6) Renewal and cancellation: Subscriptions renew automatically for the chosen period unless you cancel via Google Play. Cancellation and payment method are managed in Google Play account settings. The provider cannot cancel Google subscriptions on your behalf.

(7) Restore purchases: “Restore purchases” in the App can re-recognize an active subscription on your Google account.

(8) Refunds: Where payment was processed via Google Play, refunds are handled primarily through Google Play’s processes. Contact us at [email protected] in any case; we will adjust entitlements in Arclane and the App as soon as reasonably possible once cancellation or withdrawal is effective. Mandatory consumer law remains unaffected.

(9) Price changes: For new purchases and renewals, the price shown in Google Play at charge time for the chosen plan applies. The provider may adjust products, billing periods, and pricing for future purchases as Google Play and mandatory law (including required subscription price-change notices) allow. Indicative in-app prices are non-binding.

(10) Changes to Plus: The Plus feature set may change with updates. There is no entitlement to specific future features (section 2 (3)). Mandatory conformity and update obligations for digital content remain unaffected.

7. Conclusion of contract for digital content and subscriptions

(1) The contract for free App use is formed when you install the App and read and accept these Terms and the privacy notices (e.g. via “More → Legal”). If you do not accept, do not use the App or uninstall it.

(2) The contract for paid digital content (KitsuMedi Plus) is formed between you and the provider when you select a subscription in the in-app purchase dialog and confirm the purchase in Google Play. Google provides payment and distribution infrastructure; the provider delivers the service (Plus features) via the App and Arclane (entitlement verification).

(3) Before a paid purchase we make these Terms, the withdrawal information (section 8), and the Privacy Policy available in the App and/or via linked documents.

(4) For digital content not supplied on a physical medium, your right of withdrawal may expire early if statutory conditions are met (section 8 (6)–(8)).

(5) Proof of consent: The provider may rely on technical records that do not contain your health data (e.g. timestamps, settings flags, pairing/opt-in status, entitlement and product IDs via Arclane/Google) as prima facie evidence of acceptance of these Terms, withdrawal consents (section 8), and caregiver/pairing confirmations (section 10). This does not include a separate archive of Art. 9 consent with health content unless the product stores further proof. You may rebut this where permitted by law.

8. Right of withdrawal for consumers

Note for English readers: This section implements German and EU consumer law (in particular BGB provisions on distance contracts and digital content). For consumers in Germany, these rules apply even though you are reading an English translation.

Withdrawal notice

(1) Right of withdrawal

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

The withdrawal period is fourteen days from the day of conclusion of the contract.

(2) Exercising withdrawal

To exercise your right, you must inform us:

Tobias Bauer (binshaper), Martinusstr. 41, 52525 Heinsberg, Germany
Email: [email protected]

by an unequivocal statement (e.g. letter by post or email) of your decision to withdraw. You may use the model withdrawal form (Appendix); it is not mandatory.

To meet the deadline, sending notice before the period expires is sufficient.

(3) Effects of withdrawal

If you withdraw, refunds of amounts paid via Google Play are handled primarily through Google Play’s refund processes; we adjust entitlements in Arclane and the App as soon as reasonably possible once cancellation or withdrawal is effective (section 6 (8)). Regardless, contact us at [email protected]. Where we are legally obliged to refund directly and Google Play does not refund, we will repay without undue delay and at the latest within fourteen days of receiving your withdrawal, using the same payment method as the original transaction unless agreed otherwise; no fees for this reimbursement.

(4) Purchases via Google Play

Where payment was processed via Google Play, refund may run through Google’s processes. Contact us at [email protected] so we can adjust entitlements in Arclane and the App as soon as reasonably possible once cancellation or withdrawal is effective.

(5) Cancelling running subscriptions

Withdrawal does not automatically end an active Google Play subscription. Cancel recurring subscriptions additionally in Google Play settings to avoid further charges.

Special notes on digital content (KitsuMedi Plus)

The subject matter is paid digital content not supplied on a physical medium (unlocking “KitsuMedi Plus” in the App).

Early loss of withdrawal for digital content

(6) The right of withdrawal expires for contracts on digital content not supplied on a physical medium that require payment, only if cumulatively:

you expressly agreed that we begin performance before the withdrawal period ends, and
you confirmed that you lose your withdrawal right once performance begins, and
the provider gave you confirmation under § 312f BGB on a durable medium (unless already fully documented before contract conclusion).

Legal bases: BGB § 356 (6) no. 2, § 312f (3) BGB.

(7) When purchasing KitsuMedi Plus, two separate, unchecked confirmations are obtained before the Google Play purchase dialog (consent to early performance start; acknowledgement of loss of withdrawal right) plus links to this withdrawal notice and the Terms. Wording should be finalized with counsel.

(8) Free trial (§ 356 (6) no. 1 BGB): If you use KitsuMedi free of charge (e.g. 30-day owner trial without a Play subscription), withdrawal for that non-paid digital content may expire when use begins. This is separate from the paid subscription; withdrawal of paid contracts relates to the time of the paid contract and paragraphs (6)–(7).

9. User duties and prohibited use

(1) You use the App lawfully only and enter no data you are not entitled to process.

(2) You must not use the App as the sole basis for clinical decisions (section 3).

(3) You are responsible for accuracy of entries. The App performs no medical plausibility check.

(4) You must not circumvent security (pairing authentication, app lock, encryption).

(5) No misuse, in particular no unauthorized sharing of sensitive health data, disruption of servers (rate limits, worker), or infringement of third-party rights.

(6) You are responsible for device protection (PIN, biometrics, device lock) and backup passwords.

(7) In case of breaches, the provider may — where technically and legally permitted — block cloud access or end pairings; further rights remain reserved.

(8) Immediate measures: For misuse (e.g. evading rate limits, disrupting the worker, unauthorized sharing of pairing data, unlawful processing of third-party health data), the provider may without prior notice — where technically possible and legally permitted — suspend sync, pairing, or entitlements. There is no duty to monitor.

(9) Indemnity: Where permitted by law, you indemnify the provider against third-party claims (including reasonable legal costs) arising from your unlawful use, lack of authority to process health data, caregiver misuse, or breach of these Terms — provided the claim is not based on the provider’s intent or gross negligence. Mandatory consumer rights and the provider’s own liability (section 12) remain unaffected.

(10) Feedback: If you send ideas, bug reports, or suggestions, we may use them without payment and without confidentiality obligation to improve the App, unless you clearly mark material as confidential.

10. Family & Care Sync (caregiver)

(1) Optional Family & Care Sync exchanges selected medication and adherence data (including intake logs for the last 30 days and vacation periods for vacation mode) end-to-end encrypted between an owner device and a caregiver device. Sync is off by default.

(2) Consent, declaration of authority, and legal bases:

Local on the owner device: Health data entered only locally follows the in-app privacy notices (consent by active entry; section 4 (4)). Sync is not covered by that alone.
Family & Care Sync: Enable sync only if a legal basis exists for processing and sharing health data (GDPR Art. 9) for the data subject (owner side). With the mandatory checkbox in the pairing wizard you declare to the provider that you are authorised to share the selected data or another legal basis applies; the provider does not verify identity or capacity (section 4 (3)). Separate opt-ins apply for vitals, cycle data, and emergency info.
The data subject (owner) should confirm pairing and read-write escalation themselves where they are capable of consent.

(3) Roles:

family-ro (read-only): caregiver may view data but not confirm intake;
caregiver-rw (read-write): caregiver may confirm intake; escalation from read to write requires two-step confirmation in the App.

(4) Owner opt-ins: vitals, cycle, and emergency info are transmitted only via separate per-pair opt-ins (default: off).

(5) Effect of acknowledgements: When a caregiver confirms intake, reminders on the owner device for that slot may be cancelled — understand this before enabling write access.

(6) Revoke / end connection: Either side may revoke under “Family & Care” (Settings). Effects:

deletion of pair data and inbox entries on the Cloudflare worker (best effort);
removal of mirrored data on the caregiver device;
deletion of the pair key from both devices’ secure storage;
possible notification on the other device (system channel).

With offline revoke, server deletion may be delayed; inbox entries have a TTL of about 30 days.

(7) Misuse: Sharing pairing codes or QR data with unauthorized persons is your responsibility. The provider is not liable for sync content you or your caregiver authorized.

(8) The provider is not a party to the relationship between owner and caregiver; it provides technical infrastructure. Owner and caregiver may each be independent controllers for data on their device; for shared sync content, the privacy notices apply (recipients, purposes, encryption). Whether a joint controller arrangement (Art. 26 GDPR) applies depends on the individual case — counsel sign-off required.

11. Intellectual property and licence

(1) The App, trademarks, logos, UI, texts, and code are protected by copyright and related rights.

(2) You receive a simple, non-transferable, non-sublicensable licence for private use within these Terms and the applicable store licence model.

(3) Reverse engineering, decompilation, or disassembly is prohibited except where mandatory law (e.g. § 69e UrhG) allows it.

(4) Open-source components are additionally subject to their respective licences (as indicated in the App where applicable).

(5) No commercial use: You must not resell the App commercially, offer it as white-label, or automated access (scraping, bots) to server or catalog components, except where mandatory law allows.

(6) Your content: You remain responsible for data you enter. You do not grant the provider ownership of your content; only processing necessary for technical provision (local, optional encrypted sync) is required (privacy notices).

(7) Trademarks: “KitsuMedi”, binshaper logos, and UI elements must not be used as your own brand without written consent.

12. Liability

(1) The provider is liable without limitation for intent and gross negligence and for injury to life, body, or health.

(2) For simple negligence, liability applies only for breach of essential contractual obligations (cardinal duties), limited to foreseeable, typical damage and — where permitted by law — capped at the higher of (a) fees you paid for KitsuMedi Plus in the twelve months before the event or (b) EUR 50 if you paid no Plus fees.

(3) Where permitted by law, the provider is not liable for simple negligence causing indirect or consequential damage, lost profit, or data loss that does not result from breach of a cardinal duty.

(4) Medical disclaimer: Where permitted by law, the provider is not liable for health outcomes from medical decisions without professionals or from relying solely on App reminders (section 3).

(5) Reminder failures: No liability for damage from missing, delayed, or suppressed notifications due to device, OS, network, or third-party settings (section 5).

(6) Caregiver sync: No liability for content users encrypt and transfer, or for caregiver actions after authorized pairing.

(7) Data loss: You are responsible for your backups. Liability for loss of local data from device failure, theft, or missing backups is excluded outside cardinal duties where permitted.

(8) Third-party infrastructure / force majeure: Where permitted by law, no liability for outages or delays caused by Google, Cloudflare, Arclane, carriers, OEMs, or force majeure (section 5 (8)), unless a cardinal duty was breached with intent or gross negligence.

(9) The above limits apply mutatis mutandis for the provider’s vicarious agents.

(10) Liability under the German Product Liability Act remains unaffected.

(11) Mandatory rights: Defect and conformity rights for digital content (in particular §§ 327 ff. BGB) and mandatory consumer rights are unaffected to the extent they cannot validly be excluded.

13. Term, termination, and deletion

(1) The use contract runs for indefinite time while you keep the App installed.

(2) You may end use anytime by uninstalling and/or “Delete all data” in settings. End caregiver pairs first if you want cloud data removed.

(3) KitsuMedi Plus ends when the Google Play subscription expires or is cancelled; the App may switch to caregiver-only or restricted owner mode (product logic version 0.9.0).

(4) Local data is removed from the device on delete/uninstall, but not completely where the App retains medication catalog reference data (drug_catalog) or similar non-personal reference data for technical reasons — see privacy notices (Art. 17). Exported backups (.kitsumedi) remain with you outside the provider’s control (section 5).

(5) Server-side pair and subscription metadata is deleted or expires per the Privacy Policy; Google Play and Arclane may retain purchase and entitlement metadata under their policies and legal obligations. Offline revoke may delay server deletion (section 10).

(6) Provisions that by nature should survive remain effective (e.g. liability, IP, governing law).

(7) Suspension by provider: For material breaches of these Terms (section 9), the provider may — after warning where reasonable — suspend cloud sync, pairings, and/or Plus entitlements. Refunds for already billed subscription periods due to your culpable breach are due only as Google Play, mandatory law, or withdrawal rights require.

(8) Survival: In addition to (6): indemnity (section 9 (9)), evidence rules (section 7 (5)), set-off/assignment (section 16), dispute resolution, and severability.

14. Changes to these Terms

(1) We may change these Terms for objective reasons (e.g. law changes, new features, Google Play policy, legal clarification).

(2) We inform you in good time of material changes in the App (changelog, notice) and/or by email if we have your address. Version date is at the top of this document.

(3) If you do not object to material changes within a stated period and continue using the App, amended Terms may be deemed accepted — only where permitted; consumers retain mandatory rights (objection and termination).

(4) In-app display and hosted HTML should use the same version once Terms are published.

(5) Non-material changes (e.g. editorial clarifications, contact updates) may take effect with the next app update or by publishing a new version where permitted.

(6) No retroactive reduction: Changes do not retroactively reduce an already paid Plus period; future renewals and new purchases are subject to the then-current version and Play prices (section 6 (9)).

15. Dispute resolution and consumer arbitration

(1) The European Commission discontinued the EU Online Dispute Resolution (ODR) platform on 20 March 2025. There is currently no obligation to link to ODR.

(2) We are neither obliged nor willing to participate in proceedings before a consumer arbitration body (see Impressum).

(3) For problems, contact [email protected] first; we aim for an amicable solution.

16. Governing law, jurisdiction, severability

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory consumer protection rules of the state of your habitual residence grant more favourable rights.

(2) If the user is a merchant, public-law entity, or public-law special fund, exclusive jurisdiction — where permitted — is Heinsberg, Germany.

(3) For consumers, statutory jurisdiction rules apply.

(4) If any provision is invalid, the remainder stays effective; invalid provisions are replaced by one that is permitted and closest to the economic purpose; § 307 BGB (consumers) remains unaffected.

(5) Set-off: You may set off against the provider’s claims only with undisputed or legally established claims. Mandatory statutory set-off rights remain unaffected.

(6) Assignment: You may not assign rights under this contract without the provider’s prior written consent. The provider may transfer rights and obligations to a successor or affiliated entity if performance is not unreasonably impaired for you.

(7) Interpretation: In case of conflict between headings and text or between EN and DE, the German version is authoritative (document header).

17. Contact

Tobias Bauer (binshaper)
Martinusstr. 41, 52525 Heinsberg, Germany
Email: [email protected] (Terms, Impressum, privacy)
Email: [email protected] (bug reports)

Appendix: Model withdrawal form

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

— To
Tobias Bauer (binshaper), Martinusstr. 41, 52525 Heinsberg, Germany
Email: [email protected]

— I/We () hereby give notice that I/We () withdraw from my/our () contract for the provision of the following digital content ():

KitsuMedi Plus (in-app subscription via Google Play, product ID: kitsumedi_plus_monthly / kitsumedi_plus_yearly)

— Ordered on ()/contract concluded on (): _________________________

— Google Play order ID (if available): _________________________

— Name of consumer(s): _________________________

— Address of consumer(s): _________________________

— Signature of consumer(s) (only if this form is sent on paper): _________________________

— Date: _________________________

(*) Delete as appropriate.

Related documents: Privacy (hosted EN) · Privacy (hosted DE) · Terms (DE) · Impressum

As of: 25 September 2026 · Version: 0.9.0