Terms of Service

Terms of Use for Alessja Spark

Last updated: May 2026

1. Scope and Provider

These Terms of Use apply to the use of the app "Alessja Spark" (hereinafter "App"), provided by Sebastian J. Rau (hereinafter "Provider"). Contact details are available in the Legal Notice (Impressum).

By using the App, you agree to these Terms of Use.

2. Description of Services

Alessja Spark is a motivation and companion app with the following features:

  • AI-powered chat companion ("Alessja")
  • Daily motivational quotes
  • Pomodoro timer
  • Favorites management
  • Optional premium features (subscription and one-time purchase)

3. AI-Generated Content — Disclaimer

3.1 Chat responses from Alessja are generated by artificial intelligence (AI). Responses may be inaccurate, incomplete, or misleading.

3.2 The Provider assumes no warranty for the accuracy, completeness, or timeliness of AI-generated content.

3.3 The App and AI-generated responses do not constitute professional advice — in particular not medical, legal, financial, psychological, or therapeutic advice.

3.4 Decisions made based on AI responses are the sole responsibility of the user.

4. Health Disclaimer

4.1 Alessja Spark is not a substitute for medical advice, psychotherapy, psychological counseling, or medical treatment of any kind.

4.2 The App serves exclusively for entertainment and general motivation. Interaction with the AI does not constitute a therapeutic relationship.

4.3 If you are experiencing health issues — especially mental health concerns — please consult a qualified professional.

4.4 In acute crisis situations, please contact your local emergency services, medical care providers, or crisis counseling hotlines. For emergency medical assistance, dial the emergency number for your country or region.

5. Intellectual Property Protection

5.1The character "Alessja", the AI persona, the synthetic voice (including all trained voice models and audio data), the AI language model, the curated motivational quotes collection, the app design, media assets (audio, video, graphics), and future extensions are copyrighted works of the Provider.

5.2 The user receives a simple, non-transferable right of use for personal, non-commercial purposes only.

5.3 Expressly prohibited:

  • Any commercial use of the character, voice, model, or content
  • Extraction, copying, or redistribution of the AI model or voice data
  • Modification, fine-tuning, or creation of derivative works
  • Use in own products or services
  • Public distribution of chat conversations for commercial purposes
  • Systematic copying or scraping of motivational quotes
  • Reconstruction or reverse engineering of trained voice models
  • Any pornographic, sexualized, discriminatory, or otherwise unlawful depiction, use, or distortion of the character "Alessja", her voice, her likeness, or associated content

5.4 The Provider reserves the right to take legal action for violations of these provisions.

6. User Input and File Upload

6.1 Users are solely responsible for content they enter into the chat or upload as files.

6.2 It is prohibited to upload or enter:

  • Illegal content
  • Pornographic, sexualized, discriminatory, or violence-glorifying content
  • Personal data of third parties without their consent
  • Copyrighted material without authorization
  • Confidential, classified, or security-relevant documents

6.3 All file contents are processed exclusively on your device. No data is transmitted to external servers. The Provider nevertheless recommends not uploading sensitive personal data.

6.4 The Provider is not liable for data that users voluntarily transmit via chat or file upload.

7. Premium Subscription and Purchases

7.1 The App offers free basic features and paid premium features.

7.2 Subscription:

  • Monthly (EUR 4.99) or yearly (EUR 29.99 — 50% savings compared to monthly)
  • The subscription renews automatically unless cancelled at least 24 hours before the end of the current period
  • Cancellation is managed through Google Play Store subscription settings

7.3 One-Time Purchase (Alessja Exclusive Theme):

  • One-time purchase for EUR 14.99
  • No subscription required

7.4 Donations (voluntary one-time purchases):

  • Three tiers: EUR 0.99, EUR 1.99, and EUR 2.99
  • Completely voluntary; unlock no features (except the A-MEM certificate as a symbolic acknowledgement of the first donation — see Privacy Policy §3.1)
  • Multiple purchases are possible; amounts are tracked locally as a running total
  • No refunds outside of Google Play policies

7.5Purchase processing is handled through the Google Play Store. Google Play's terms of service additionally apply.

8. Right of Withdrawal

8.1 For digital content (subscription, theme purchase): You expressly agree that performance of the contract begins before the expiry of the withdrawal period, and you acknowledge that you lose your right of withdrawal upon commencement of performance.

8.2 Refunds for subscriptions are governed by Google Play Store policies.

9. Limitation of Liability

9.1 The Provider is liable without limitation for damages arising from injury to life, body, or health, as well as for intent and gross negligence.

9.2 For slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal duties), limited to foreseeable, typically occurring damages.

9.3 Liability under product liability law remains unaffected.

9.4 The Provider is not liable for temporary outages of the App or external purchase processing services.

10. Third-Party Services

The App uses the following third-party services:

  • AI Processing: Entirely local on device (no external server)
  • Purchase Processing: Google Play Billing / RevenueCat
  • Notifications: Local device notifications (Notifee) — no external push servers

Details on data processing can be found in the Privacy Policy.

11. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

12. Changes to Terms

The Provider reserves the right to amend these Terms of Use. Material changes will be displayed in the App. Continued use after notification of changes constitutes acceptance.

13. Applicable Law

The law of the Federal Republic of Germany applies. Mandatory consumer protection provisions of the user's country of residence remain unaffected.

14. Severability

If individual provisions of these Terms of Use are or become invalid, the validity of the remaining provisions shall not be affected.