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Terms of Service

Last updated: February 2026

We are Khema ("we," "us," "our"), a civil law partnership (Gesellschaft bürgerlichen Rechts, GbR) under German law, operated by Julian Laue, Gabriel Zerbe, and Christina Miro, based at Europaring 90, Sankt Augustin, Nordrhein-Westfalen 53757, Germany.

We operate the mobile application Khema (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at support@khema.ai or by mail to Europaring 90, Sankt Augustin, Nordrhein-Westfalen 53757, Germany.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Khema, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We may update or amend these Legal Terms from time to time in accordance with Section 2 ("Changes to These Legal Terms") below. The current version of these Legal Terms is always available in the App. We recommend that you save or print a copy for your records.

The Services are intended for users who are at least 16 years old. Persons under the age of 16 are not permitted to use or register for the Services.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are currently provided free of charge. No subscription fees, in-app purchases, or other payments are required to access or use the Services.

Permitted grounds for changes

We may amend these Legal Terms to reflect:

  1. changes in applicable law, regulation, or binding court decisions;
  2. changes necessary to address security vulnerabilities or protect user safety;
  3. changes to the technical requirements or functionality of the Services, provided they do not materially reduce the scope of the Services available to you;
  4. changes required due to modifications by third-party service providers whose services are integrated into our Services.

Changes under this Section 2, including changes deemed accepted under the mechanism below, will not alter the fundamental nature of the Services or your core contractual rights.

No amendment will impose additional costs on you for using the Services.

Notification of changes

We will notify you of any material changes to these Legal Terms by email at least thirty (30) calendar days before the changes take effect. Material changes include, for example, changes that significantly affect key functionality of the Services, your core contractual rights, or your rights to use or terminate the Services. The notification will describe the nature and scope of the changes and will inform you of your right to object and terminate.

Changes that are required by law, that are purely editorial in nature, or that are exclusively to your benefit may take effect immediately and do not require advance notification.

Right to object and terminate

If you do not agree with the notified changes, you may object and terminate your use of the Services free of charge at any time before the changes take effect. To object, send an email to support@khema.ai or delete your account in the App settings.

If you do not object within thirty (30) days of receiving the notification, the amended Legal Terms will be deemed accepted and will apply from the stated effective date. We will specifically draw your attention to this consequence in every change notification.

Current version

The current version of these Legal Terms is available in the App. The "Last updated" date at the top of these Legal Terms indicates when the most recent changes took effect.

3. HEALTH DISCLAIMER

No medical advice

The Services are designed to support you in your personal efforts to quit smoking. THE SERVICES DO NOT CONSTITUTE MEDICAL ADVICE, MEDICAL DIAGNOSIS, OR MEDICAL TREATMENT. The Services are not a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider.

No diagnoses or prescriptions

Khema does not provide medical diagnoses, nor does it prescribe medications, nicotine replacement therapies, or any other form of medical treatment. Any information, suggestions, or guidance provided through the Services is for general informational and motivational purposes only and should not be construed as professional medical, psychological, or therapeutic advice.

Regulatory status

The regulatory classification of digital health services may be assessed and updated by competent authorities over time. The Services are intended as non-clinical support for smoking cessation and do not provide diagnosis, treatment, or prescription services.

Consult a healthcare professional

We strongly recommend that you consult a physician or other qualified healthcare professional before beginning any smoking cessation program, particularly if you:

  • are taking medication to support smoking cessation;
  • experience withdrawal symptoms;
  • have pre-existing medical conditions, including cardiovascular, respiratory, or mental health conditions;
  • are pregnant or breastfeeding; or
  • have concerns about your physical or mental health.

User responsibility

You are responsible for monitoring your own health during and after your use of the Services. If you experience any adverse health effects, psychological distress, or medical concerns, you should immediately discontinue use of the Services and seek professional medical or psychological assistance.

Suitability

The Services are not suitable for individuals with severe or enduring mental health conditions. Smoking cessation can trigger or worsen symptoms of depression, anxiety, or other psychological conditions. If you are currently experiencing severe mental health difficulties, we strongly recommend seeking support from a qualified healthcare professional before using the Services.

Not for emergencies

The Services are not designed for use in medical emergencies or crisis situations. If you are experiencing a medical emergency, suicidal thoughts, or thoughts of self-harm, please contact emergency services immediately (112 in Germany/EU) or a crisis helpline such as the Telefonseelsorge (0800 111 0 111 or 0800 111 0 222, available 24/7, free of charge).

Accuracy of information

While we strive to provide accurate and up-to-date information, health-related content provided through the Services may not always be complete, accurate, or current. The quality and relevance of guidance provided through the Services also depends in part on the accuracy and completeness of the information you provide. Nothing in this Section limits your mandatory rights under applicable law.

4. ARTIFICIAL INTELLIGENCE DISCLOSURE

AI-powered service

The Services utilize artificial intelligence ("AI") technology to provide conversational smoking cessation support. When you use the Services, you are interacting with AI software and not with a human therapist, counselor, or healthcare professional. The AI does not replace human judgment and is intended solely as a support tool.

You are also informed in the App when you are interacting with AI-powered features.

Limitations of AI technology

AI is a developing technology. While we implement safety and quality measures, you acknowledge and agree that:

  1. the AI may occasionally misunderstand your input or provide responses that are inaccurate, incomplete, or not fully appropriate to your situation;
  2. the AI cannot fully understand the nuances of your personal health circumstances;
  3. the AI does not have the ability to perceive your physical or emotional state beyond what you communicate through text; and
  4. the quality of the AI's responses depends on the clarity and accuracy of the information you provide.

Responsible use and AI limitations

AI technology has inherent limitations, and we cannot guarantee that all AI-generated responses will be appropriate or accurate in every situation. In certain situations, AI features may be limited or unavailable, including when the AI system experiences technical issues. You agree to refrain from attempting to manipulate or circumvent the AI system or its intended use.

User responsibility when interacting with AI

When using the AI-powered features of the Services, you agree to:

  • not rely on AI-generated responses as a substitute for professional advice or your own judgment;
  • exercise your own judgment and critical thinking when considering any suggestions or information provided by the AI;
  • avoid sharing sensitive personal information that is not related to the Services, such as financial details or third-party personal data.

No guarantee of outcomes

We do not guarantee that use of the Services will result in smoking cessation or any particular health outcome. Individual results may vary, and the effectiveness of the Services depends on many factors, including your personal commitment and circumstances.

5. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics, and our brand name and logo (collectively, the "Content").

Our Content is protected by copyright laws, unfair competition laws, and applicable treaties around the world.

The Content is provided in or through the Services for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable license to access the Services solely for your personal, non-commercial use for the duration of your lawful use of the Services. This license may be terminated in accordance with these Legal Terms and applicable law.

Except as set out in this section or elsewhere in our Legal Terms, and except as permitted by mandatory applicable law, no part of the Services and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Nothing in this Section 5 limits, excludes, or modifies any mandatory rights you have under applicable German or EU law, including rights under §§ 69d, 69g UrhG and §§ 327 ff. BGB.

6. USER REPRESENTATIONS

By using the Services, you confirm and agree that:

  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. you have the legal capacity and you agree to comply with these Legal Terms;
  4. you are at least 16 years of age;
  5. you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
  6. you will not use the Services for any illegal or unauthorized purpose;
  7. your use of the Services will not violate any applicable law or regulation;
  8. you acknowledge that the Services process health data (as defined under Art. 9 GDPR), and that explicit consent to this processing is obtained separately before account creation, as described in our Privacy Policy;
  9. the information you provide through the Services is accurate and complete to the best of your knowledge and primarily relates to your own smoking behavior and cessation journey;
  10. you understand that members of our team may review your session conversations for quality assurance and safety purposes; and
  11. you can exercise your data protection rights, including the right to lodge a complaint with a supervisory authority, as described in our Privacy Policy.

7. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for use of your account to the extent caused by your failure to safeguard your credentials or otherwise attributable to you. We reserve the right to remove, reclaim, or change a username you select if it is unlawful, infringes third-party rights, impersonates another person, or is inappropriate, obscene, or otherwise objectionable.

Before creating your account, you will be asked separately to provide explicit consent to the processing of your health data as described in our Privacy Policy. During signup, we collect account data (such as your email address and login credentials) and the information needed to provide the Services. Processing information related to your smoking behavior and cessation journey is technically necessary to provide the Services. Without this processing, account creation and use of the Services are not possible. We apply appropriate technical and organizational measures to protect account and registration data.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit viruses, Trojan horses, or other harmful material.
  • Engage in any automated use of the system.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person.
  • Interfere with, disrupt, or create an undue burden on the Services or connected networks.
  • Harass, annoy, intimidate, or threaten any of our employees or agents.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access.
  • Copy or adapt the Services' software.
  • Use the Services as part of any effort to compete with us.
  • Sell or otherwise transfer your profile, without affecting your right to data portability under applicable data protection law (including Art. 20 GDPR).
  • Share personal health information about third parties through the Services.
  • Deliberately provide false or misleading health information to manipulate the AI's responses or the Services' functionality.
  • Use another person's account to access the Services, particularly given that accounts contain sensitive health data.
  • Create or maintain more than one account per person.

9. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms.

We may terminate or suspend your license to use the App for good cause (wichtiger Grund), in particular if you materially breach these Legal Terms. Where circumstances permit, we will provide reasonable prior notice. Your statutory consumer rights, including rights under §§ 327 ff. BGB, remain unaffected.

Apple App Store Terms

The following terms apply when you use the App obtained from the Apple App Store:

  1. Acknowledgement: this license is concluded between you and Khema only, and not with Apple Inc. Khema, and not Apple, is solely responsible for the App and its content.
  2. Scope of license: the license is limited to use of the App on Apple-branded products that you own or control, as permitted by the Apple App Store usage rules.
  3. Maintenance and support: Khema is solely responsible for maintenance and support services for the App, as required under applicable law and these Legal Terms. Apple has no obligation to furnish any maintenance or support services for the App.
  4. Warranty handling: in the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) paid for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
  5. Product claims: Khema, and not Apple, is responsible for addressing claims relating to the App or your possession and use of the App, including product liability claims, legal or regulatory conformity claims, and claims under consumer protection or similar laws.
  6. Intellectual property claims: in the event of any third-party claim that the App or your possession and use of the App infringes third-party intellectual property rights, Khema, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim.
  7. Legal compliance and export controls: you represent and warrant that you are not located in a country subject to a U.S. Government embargo, not designated by the U.S. Government as a "terrorist supporting" country, and not listed on any U.S. Government list of prohibited or restricted parties.
  8. Third-party terms: you must comply with applicable third-party terms of agreement when using the App.
  9. Developer contact details: questions, complaints, or claims regarding the App should be directed to Khema at support@khema.ai or Europaring 90, Sankt Augustin, Nordrhein-Westfalen 53757, Germany.
  10. Third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of this Section 9, and Apple has the right to enforce this Section 9 against you as a third-party beneficiary.

Google Play Terms

The following terms apply when you use the App obtained from Google Play:

  1. the license granted to you for the App is limited to a non-transferable license to use the App on devices that use the Android operating system, in accordance with applicable Google Play terms;
  2. Khema is responsible for maintenance and support services for the App, as required under applicable law and these Legal Terms; and
  3. you acknowledge and agree that Google LLC and its affiliates are third-party beneficiaries of this Section 9 to the extent required by applicable Google Play terms.

10. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites ("Third-Party Websites") as well as content belonging to or originating from third parties ("Third-Party Content"). When you follow such links, you leave the Khema Services environment and the relevant third party's own terms and privacy policy apply. Third-Party Content may include health-related information that has not been medically verified by Khema and does not constitute medical advice from Khema. Any liability in connection with Third-Party Websites or Third-Party Content remains governed by applicable law.

11. SERVICES MANAGEMENT

These Legal Terms shall remain in full force and effect while you use the Services.

We reserve the right, but not the obligation, to:

  1. monitor the Services for violations of these Legal Terms;
  2. take appropriate legal action against anyone who violates the law or these Legal Terms;
  3. remove or restrict session conversations that violate these Legal Terms or our safety guidelines; and
  4. otherwise manage the Services in a manner designed to protect our rights and property.

Termination by Khema

We may terminate or suspend your access to the Services for good cause (wichtiger Grund). Good cause exists in particular where:

  1. you materially or repeatedly breach these Legal Terms despite receiving a prior warning and reasonable opportunity to cure the breach;
  2. you use the Services for illegal purposes or in a manner that endangers the safety or rights of other users;
  3. you provide materially false information during registration; or
  4. continuing the service relationship is unreasonable for us, taking into account all circumstances and balancing the interests of both parties.

Before terminating your access, we will — except in cases of serious or urgent breaches where prior notice would be unreasonable — notify you of the intended termination and the specific reasons, and provide you a reasonable opportunity to address the issue.

We may also terminate the service relationship for convenience by giving you at least thirty (30) days' prior notice by email.

Your statutory rights, including termination for good cause under § 314 BGB and your data protection rights under the GDPR, remain unaffected.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Our Privacy Policy explains how we collect, use, store, and protect your data, including any information you share through the Services.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us at support@khema.ai.

14. RIGHT OF WITHDRAWAL (WIDERRUFSRECHT)

Right of withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

The withdrawal period is fourteen days from the day the contract is concluded (i.e., the day you register for and begin using the Services).

To exercise your right of withdrawal, you must inform us:

Khema
Europaring 90
Sankt Augustin, Nordrhein-Westfalen 53757
Germany
Email: support@khema.ai

by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the sample withdrawal form below, but this is not mandatory.

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

Consequences of withdrawal

If you withdraw from this contract, we will delete your account and all associated personal data in accordance with our Privacy Policy. As the Services are currently provided free of charge, no refund is applicable.

Sample withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To: Khema, Europaring 90, 53757 Sankt Augustin, Germany, Email: support@khema.ai

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

  • Ordered on (*) / received on (*):
  • Name of consumer(s):
  • Address of consumer(s):
  • Signature of consumer(s) (only if this form is submitted on paper):
  • Date:

(*) Delete as appropriate.

15. MODIFICATIONS AND INTERRUPTIONS

We may update, modify, or temporarily restrict the contents and functionality of the Services from time to time, for example to improve performance, enhance features, reflect changes in technology, or address security issues. Such updates and modifications will not materially reduce the overall scope or quality of the Services available to you.

Updates that are necessary to maintain conformity with applicable law, to address security vulnerabilities, or to fix errors may be deployed without advance notice.

If a planned modification would negatively affect the accessibility or usability of the Services in more than an insignificant manner, we will notify you in advance within a reasonable period on a durable medium (e.g., by email). In such cases, you have the right to terminate your use of the Services free of charge within thirty (30) days of receiving the notification, in accordance with § 327r(3) BGB.

We may need to temporarily interrupt the Services for maintenance or technical reasons. We will endeavor to keep such interruptions as brief as possible and, where feasible, notify you in advance.

We cannot guarantee that the Services will be available at all times. We are not liable for interruptions caused by events beyond our reasonable control.

16. FORCE MAJEURE (HÖHERE GEWALT)

Definition

A "Force Majeure Event" means any event beyond the reasonable control of the affected party that could not have been foreseen or avoided through reasonable measures, including but not limited to:

  • natural disasters such as earthquakes, floods, storms, or fire;
  • epidemic, outbreak of disease, or pandemic;
  • war (whether declared or not), armed conflict, invasion, or acts of terrorism;
  • civil unrest, riots, strikes, or lockouts by third parties;
  • government orders, sanctions, regulatory changes, or embargoes;
  • failure of public or private telecommunications or internet infrastructure;
  • cyberattacks (including distributed denial-of-service attacks or data breaches) affecting service infrastructure;
  • outages of cloud hosting providers or AI model providers that are beyond our reasonable control;
  • removal of the App from, or material policy changes by, app store operators (Apple or Google); or
  • changes in laws or regulations affecting digital health products,

provided in each case that the event could not reasonably have been foreseen at the time of entering into this agreement and its effects could not reasonably have been avoided or overcome.

Effect on obligations

If either party is prevented from or materially hindered in performing any of its obligations under these Legal Terms by a Force Majeure Event, such obligations shall be suspended for the duration of the Force Majeure Event to the extent that performance is so prevented or hindered. The affected party shall not be liable for any failure to perform or delay in performance caused by the Force Majeure Event. Obligations not directly affected by the event remain in force.

Notice

If a Force Majeure Event affects the Services, we will notify you as soon as reasonably practicable via email or in-app notification and inform you when the event has been resolved.

Mitigation

The affected party must take commercially reasonable steps to minimize the impact of the Force Majeure Event and to resume performance of its obligations as soon as reasonably practicable. This does not require the affected party to take measures that would be disproportionate or commercially unreasonable.

Prolonged Force Majeure and termination

If a Force Majeure Event continues for more than ninety (90) consecutive days, either party may terminate this agreement by giving written notice to the other party. No penalty or liability shall arise from such termination.

17. GOVERNING LAW AND JURISDICTION

These Legal Terms are governed by and interpreted following the laws of Germany. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence.

The exclusive place of jurisdiction for all disputes arising out of or in connection with these Legal Terms is the registered seat of Khema (currently Sankt Augustin, Germany). Mandatory statutory provisions regarding exclusive places of jurisdiction remain unaffected.

18. DISPUTE RESOLUTION

The European Commission provides an online dispute resolution platform, which you can access here. Khema is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body. If you would like to bring a dispute to our attention, please contact us at support@khema.ai.

19. LIMITATIONS OF LIABILITY

Unlimited liability

In cases of intent or gross negligence, our liability and the liability of our legal representatives or agents is unlimited.

Limited liability for negligent breach of material obligations

In cases of simple negligence, we are only liable for breach of material contractual obligations (i.e., obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance you may regularly rely). In such cases, our liability is limited to the foreseeable, typically occurring damages.

Exclusion of further liability

Any further liability for damages is excluded, except for claims under the German Product Liability Act (Produkthaftungsgesetz).

Carve-out for life, body, and health

The foregoing limitations of liability do not apply to damages arising from injury to life, body, or health attributable to us, our legal representatives, or our agents.

20. USER DATA AND DELETION

We process personal data, including health data, in connection with the Services. Full details on what data we collect, how long we retain it, and your rights are set out in our Privacy Policy.

You can delete your account at any time in the app settings. Account deletion immediately and permanently removes all your personal data, including your account information, session conversations, health data, and AI monitoring logs.

You can also reset your data without deleting your account, which removes your session conversations, health data, and AI-generated outputs while keeping your account active. For details on what is and is not affected by a data reset, see our Privacy Policy.

If you withdraw your consent for the processing of health data, your account will be terminated and your data deleted, as the Services cannot be provided without processing health data. This consent is first obtained during registration (see Section 7) and may be withdrawn at any time.

You are solely responsible for all data that you transmit to the Services.

21. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Legal Terms to any third party without our prior written consent. We may assign or transfer our rights and obligations under these Legal Terms to a successor entity in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, provided that we notify you by email at least thirty (30) days before the assignment takes effect. The assignee must assume all obligations under these Legal Terms on the same terms.

22. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.

If any provision of these Legal Terms is or becomes invalid or unenforceable, in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a valid provision shall be deemed agreed upon that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same shall apply in the event of a gap in these Legal Terms.

Our failure to enforce any right or provision of these Legal Terms will not be considered a waiver of that right or provision. Any waiver of any provision of these Legal Terms will be effective only if in writing and signed by us.

23. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Khema

Europaring 90
Sankt Augustin, Nordrhein-Westfalen 53757
Germany

Email: support@khema.ai