Terms of use
About these terms
These terms apply to your use of the Olifant app and service ("Olifant"), provided by Mücahit Gürbüz, Südostallee 120, 12487 Berlin, Germany ("we"). Contact: mucahitgurbuzcompany@gmail.com.
You accept these terms when you create an account. Other terms of yours do not apply. How we handle your data is explained in our privacy policy.
Who may use Olifant
You must be at least 18 years old and have full legal capacity to create an account. Children do not get an account. An adult can add a child profile only if they hold parental responsibility for the child or act with the consent of whoever holds it.
You may add data about other people only if you are allowed to. Invite only people you know.
Your account and circle
Keep your sign-in secure. You are responsible for what happens in your account, unless you are not at fault. Tell us at once if you think someone else uses it.
Circle admins manage members and settings. Each item is visible to the whole circle, to adults only, or to you only, as you choose. You decide what you share and with whom. We do not check content before it is shared.
Free features and Olifant Pro
The core of Olifant is free. Olifant Pro is a paid subscription for one circle, billed monthly or yearly. The app shows what Pro includes and its price in your currency before you buy. SOS, location sharing and emergency cards are currently free.
We develop Olifant further and may change features and limits for valid reasons, such as security, the law or new technology, if the change is reasonable for you. We will not remove a main Pro feature during a period you have already paid for.
Subscriptions through the App Store
You buy Olifant Pro from Apple through the App Store. Apple charges your Apple account, and Apple's terms apply to payment, refunds and any right of withdrawal. Refunds are handled by Apple, not by us.
A subscription renews automatically for the same period unless you turn off renewal at least 24 hours before the current period ends. You can manage or cancel it in your Apple account settings. A cancellation takes effect at the end of the current period.
If you start a free trial, it becomes a paid subscription when the trial ends, unless you cancel at least 24 hours before the end. Apple tells you about price increases in advance and, where required, asks for your consent. If you do not agree, you can cancel.
Deleting your Olifant account does not cancel a subscription. Cancel it in your Apple account settings.
App Store
You get the app from Apple's App Store. Apple's Licensed Application End User License Agreement (Standard EULA) governs your licence to use the app, together with these terms. These terms are between you and us, not Apple. We, not Apple, are responsible for the app and its content.
Apple has no duty to provide maintenance or support for the app. If the app does not meet an applicable warranty, you can tell Apple, and Apple will refund the purchase price, if any. Apple has no other warranty duty for the app, as far as the law allows. We, not Apple, handle claims about the app, such as product liability, failure to meet legal or regulatory requirements, consumer protection, or claims that the app infringes a third party's intellectual property.
You confirm that you are not located in a country under a U.S. government embargo or listed as a terrorist-supporting country, and that you are not on a U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
Your content
Your content stays yours. You give us a free, non-exclusive, worldwide right to store, copy, sync, process and show your content to the people you choose, only as far as needed to run Olifant for you. This includes processing by our service providers and the AI features described in the privacy policy. The right ends when you delete the content, except for content you shared with your circle, which stays there for the other members.
You confirm that you have the rights to what you upload and that it does not break the law or the rights of others.
Fair use
Do not use Olifant to break the law or harm others. In particular, do not:
- upload unlawful content, or content that abuses or endangers children;
- harass, threaten or stalk anyone, or track a person's location without their knowledge and consent;
- send false SOS alarms;
- attack, overload or probe Olifant, get around limits or quotas, or access it by automated means;
- copy, sell or reverse engineer the app, except where the law allows it.
What we may do about misuse
If you break these terms or the law, we may remove content, limit features, or suspend or close your account. We choose a fair step, take your legitimate interests into account and, where reasonable, warn you first.
AI can be wrong
Olifant uses AI to read emails and documents, answer questions, write gift ideas and summarize the week. AI output can be incomplete, outdated or wrong. Check dates, amounts, names and deadlines before you rely on them. AI output is not legal, tax, financial or medical advice. Olifant never applies an inbox proposal unless an adult accepts it.
Not medical advice
Health plans and reminders help you remember. They follow public schedules from official sources as they were when we compiled them. Schedules change and may not fit a particular person. They are not medical advice, diagnosis or treatment. Ask a doctor about your health and your child's health. You are responsible for the information on an emergency card being correct and up to date.
SOS is not an emergency service
Olifant SOS and location sharing alert people in your circle. They do not contact the police, an ambulance or the fire service. They depend on your device, its settings and battery, GPS, the network, Apple's push service and the devices of others, so an alert or a location can be late, inaccurate or not arrive at all. In an emergency, always call your local emergency number, such as 112 in Europe and Turkey or 911 in the United States.
Availability, sync and your copies
We work to keep Olifant available, but we do not promise that it will always be available or free of errors. Maintenance, faults at our providers and network problems can interrupt it. Changes made offline sync when you are back online and can be rejected if they conflict.
Olifant is not an archive. Keep originals or your own copies of important documents and data, for example with the export in Settings. Your statutory rights stay unaffected.
Services of others
Olifant works with services of Apple and Google, such as Sign in with Apple, Google sign-in, Gmail, iCloud and push notifications. Their terms apply to them, and we have no control over their availability.
Liability
We are liable without limit for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and where we gave a guarantee or fraudulently concealed a defect.
For slight negligence we are liable only if we breach an essential obligation. An essential obligation is one that makes proper use of Olifant possible in the first place and on which you may regularly rely. In that case our liability is limited to the damage that was foreseeable and typical when the contract was made. Otherwise we are not liable for slight negligence.
These rules also apply to the personal liability of people we use to perform our obligations. If data is lost, we take into account whether you kept reasonable copies (§254 BGB).
Users outside the EU
THIS SECTION APPLIES ONLY IF YOU LIVE OUTSIDE THE EUROPEAN UNION, THE EUROPEAN ECONOMIC AREA, THE UNITED KINGDOM AND SWITZERLAND, AND ONLY AS FAR AS THE LAW WHERE YOU LIVE ALLOWS. OLIFANT IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST DATA, PROFITS OR GOODWILL. OUR TOTAL LIABILITY FOR ALL CLAIMS IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR OLIFANT PRO IN THE 12 MONTHS BEFORE THE CLAIM AND 50 US DOLLARS. NOTHING IN THIS SECTION LIMITS LIABILITY FOR INTENT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY, OR ANY LIABILITY THAT CANNOT BE LIMITED BY LAW.
Ending your use
These terms run until you or we end them. You can end them at any time by deleting your account in the app. A subscription must be cancelled separately with Apple.
We can end the free use with 4 weeks' notice in the app or by email. We can suspend or end your use without notice for an important reason, in particular a serious or repeated breach of these terms. Before your data is deleted, you can export it in Settings.
Changes to these terms
We may change these terms for a valid reason, such as a change in the law, new features or security. We tell you about changes in the app or by email at least 6 weeks before they apply and ask you to accept them. Changes to the main obligations of either side need your agreement. If you do not agree, you can delete your account, and we may end the free use with 4 weeks' notice.
Law and courts
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live (Art. 6(2) Rome I Regulation).
If you are a merchant, a legal entity under public law or a special fund under public law, the courts of Berlin, Germany have exclusive jurisdiction. Otherwise the courts named by law have jurisdiction. We are neither obliged nor willing to take part in dispute resolution before a consumer arbitration board.
Language and validity
These terms exist in English, German, Spanish and Turkish. If the versions differ, the German version prevails for users in Germany and the English version for everyone else.
If a clause is invalid, the rest of these terms stays valid, and the law applies in place of the invalid clause.
Contact
Mücahit Gürbüz, Südostallee 120, 12487 Berlin, Germany. Email: mucahitgurbuzcompany@gmail.com. Phone: +49 176 83258742.