01Scope
Thirsty is provided by SchonGebaut GmbH, Bahnhofstraße 15, 94538 Fürstenstein, Germany ("we", "us"). These terms apply in addition to Apple's Licensed Application End User License Agreement (Apple EULA). Where they differ, these terms prevail, except for the provisions in section 12, which reflect Apple's requirements.
Deviating terms of the user do not apply.
02Eligibility
You must be at least 16 years old, or have the consent of a parent or guardian, to use Thirsty. Thirsty is intended for private, non-commercial use.
03Nature of the service
Thirsty is a plant care companion with an entertainment component. Plants "speak" through fictional personalities. Their messages, plant identifications, health assessments, care schedules, light and weather estimates and toxicity notes are generated automatically, partly by artificial intelligence, from general horticultural information and the data you provide.
This content is general guidance, not professional advice. It may be incomplete or inaccurate, and it cannot replace your own observation of the plant. In particular, we do not guarantee that a plant is correctly identified, that a problem is detected, or that following a suggestion will keep a plant healthy. Information on toxicity to people or pets is a general note only; if a person or animal may have ingested a plant, contact a doctor, a veterinarian or a poison control centre.
You decide how to care for your plants. Personalities may use informal or humorous language; they do not express views of SchonGebaut GmbH.
04Subscription
Use of Thirsty requires a "Thirsty Plus" subscription, purchased through Apple's App Store. Prices, billing periods and any free trial are shown in the app before purchase.
- The subscription renews automatically for the same period unless you cancel at least 24 hours before the end of the current period.
- You manage and cancel subscriptions in your Apple account settings. Deleting the app does not cancel a subscription.
- Payment, billing, refunds and any statutory right of withdrawal are handled by Apple under Apple's terms. We have no access to payments and cannot issue refunds.
- Price changes are made through Apple's process, which notifies you in advance and, where required, asks for your consent.
05Changes to the service
Thirsty is under continuous development. We may change, add or remove features, content, personalities and the AI models or providers we use, where there is a valid reason, such as technical or security requirements, legal changes, changes by our providers, or improvements to the service. Changes are made at no extra cost to you.
AI features are subject to reasonable usage limits that protect the service from abuse and keep it economically viable. When a limit is reached, the app may answer with built-in texts or delay a feature.
If a change materially impairs your access to or use of the service, we will inform you in advance on a durable medium, and you may terminate the contract free of charge within 30 days of the change, in accordance with § 327r BGB.
06Your content
You keep all rights to the photos, texts and other content you add. You grant us a non-exclusive, worldwide, royalty-free license, limited to the duration of each processing, to process this content solely to provide the features you use, including transmission to our AI providers as described in the Privacy Policy.
You are responsible for your content and confirm that you have the right to use it. Do not upload photos of other people without their consent, and do not upload unlawful content.
07Acceptable use
You may not:
- circumvent the subscription, usage limits, App Attest or other technical protections;
- access our servers or APIs other than through the unmodified app, or use automated means to do so;
- decompile, reverse engineer or modify the app, except where permitted by mandatory law (§ 69e UrhG);
- use the AI features to generate unlawful, harmful or abusive content, or to attempt to extract instructions, models or data from the service;
- use Thirsty for commercial purposes, or resell or sublicense it.
If you breach these rules, we may restrict your access to the AI features, in serious cases without prior notice.
08License
We grant you a non-exclusive, non-transferable, revocable license to use Thirsty on Apple devices you own or control, as permitted by the Apple Media Services Terms. All rights in the app, including its design, characters, texts, illustrations and trademarks, remain with SchonGebaut GmbH or its licensors.
09Availability
Features that depend on our servers or third-party providers (AI, weather) may be temporarily unavailable, for example during maintenance, provider outages or network problems. We aim for high availability but do not guarantee uninterrupted service. Your locally stored data remains usable.
Data is stored on your device. You are responsible for your device backups.
10Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and where we have given a guarantee.
For slight negligence, we are liable only for breach of an essential contractual obligation, meaning an obligation whose fulfilment makes proper performance of the contract possible in the first place and on which you may regularly rely. In that case our liability is limited to the damage typical for the contract and foreseeable at the time it was concluded. Otherwise, liability for slight negligence is excluded.
These limitations also apply to our employees, representatives and agents. Your statutory rights in respect of defects in digital products (§§ 327 et seq. BGB) remain unaffected.
11Termination
You can stop using Thirsty at any time by cancelling your subscription with Apple and deleting the app. Either party may terminate for good cause. Good cause for us exists in particular in the case of serious or repeated breaches of section 7.
We may discontinue Thirsty as a whole with at least 30 days' notice in the app. Prepaid amounts for periods after discontinuation are refunded in accordance with the statutory provisions and Apple's processes.
12Apple
- These terms are concluded between you and SchonGebaut GmbH only, not with Apple. Apple is not responsible for Thirsty or its content.
- Apple has no obligation to provide maintenance or support for Thirsty.
- If Thirsty does not 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 Thirsty.
- Apple is not responsible for addressing any claims by you or third parties relating to Thirsty, including product liability claims, claims that it fails to conform to legal or regulatory requirements, and consumer protection claims.
- Apple is not responsible for the investigation, defence, settlement or discharge of any third-party claim that Thirsty infringes intellectual property rights.
- You confirm that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting", and that you are not on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms when using Thirsty.
- Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
13Final provisions
Changes to these terms. We may amend these terms for a valid reason, such as changes to the law or to the service. We will inform you in the app before the amended terms take effect. For existing subscriptions, amended terms apply from the next renewal; if you do not agree, you can cancel before then. Changes to the main obligations of the contract require your consent.
Applicable law. 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.
Place of jurisdiction. If you are a merchant, a legal entity under public law or have no general place of jurisdiction in Germany, the exclusive place of jurisdiction is Passau, Germany.
Dispute resolution. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
Severability. If any provision is invalid, the remaining provisions remain in effect. The statutory provisions apply in place of the invalid provision.
Contact. SchonGebaut GmbH, Bahnhofstraße 15, 94538 Fürstenstein, Germany, kontakt@schongebaut.de.