Terms of Use

Terms of Use brite Platform

Terms of Use brite Platform

XO Life GmbH (“XO Life”), Kronstadter Str. 4, 81677 Munich, provides the brite Platform (“Platform”). The Platform is used for digital product and therapy support and is designed to provide users with medical, illness-related, therapy-related or health-related content, to enable a better understanding of the products they use or their therapies or illnesses and health progress, and to promote support from medical experts and the exchange with other users of the same products, therapies and illnesses. At the same time, the patient perspective on products, therapies and illnesses is to be recorded and used to improve the products and therapies. “Products” include, for instance, medications, medical devices, dietary supplements, cosmetics or other medical products.

On the Platform, users (“Users”) can register, create a User account and personalize their User profile by providing certain personal data, including demographic data (e.g., gender, age, weight, height) and information about which Products they use or which therapy they are undergoing or which illness they suffer from. Based on the User profile, the User is shown suitable medical content, questions and services. XO Life operates a general, overarching space on the Platform under the name “brite” (“brite”), which is displayed to all registered Users. In addition, XO Life enables providers to set up their own Product- and therapy-specific spaces (“brite treatment spaces”) on the Platform. “Providers” in this sense are, for example, pharmaceutical companies, medical device manufacturers or distributors, other companies in the healthcare and life sciences industry, members of medical professions including the organizations in which they are employed, self-help groups or research institutions. Users can select the brite treatment spaces (Product and Therapy Spaces) that are appropriate for them and add them to their User profile.

1. Application and subject matter of the Terms of Use

1.1 - The following terms of use (“Terms of Use”) apply to the use of the Platform and the spaces, content, services and functions offered therein (hereinafter collectively referred to as “Services”) for the User. The Terms of Use also apply to future use of the Services by the User.

1.2 - By registering on the Platform and using the Services, the User confirms that he/she accepts the Terms of Use and agrees to their validity. It is not possible to register on the Platform and use the Services without agreeing to the Terms of Use.

2. Conclusion of contract

2.1 - When registering the User account (see clause 4.2), the User must accept the validity of the Terms of Use and give his/her consent under data protection law. The contract for the use of the Services shall not come into effect until XO Life sends a confirmation of registration by email. By clicking the “I agree” button, the User submits an offer to conclude a contract for the use of the Services. Immediately after sending the offer, the User receives a confirmation of their registration. Subject to sentence 1, the confirmation is also the acceptance of the contract offer for the use of the Services.

2.2 - The User can print or save the Terms of Use via the browser function. The User can also download and archive the Terms of Use in PDF format as part of the registration process. XO Life sends the User the Terms of Use in their current version with the registration confirmation or link. XO Life does not store the text of the contract.

3. Scope of Services, changes to Services

3.1 - The Services are provided via a browser-based web application and as a native iOS or Android app that can be accessed via the internet.

3.2 - The scope of Services and the Services available to the User depend on which Services XO Life makes available on the Platform. Available Services may include, for example:

3.2.1) Various spaces, such as XO Life’s brite or brite treatment spaces (Product and Therapy Spaces) from Providers as an accompanying program to the Products, therapies or illnesses indicated by Users;

3.2.2) Provision of scientifically validated questionnaires or individual surveys, as well as illness-, therapy- or health-related self-quizzes, based on the User’s information on Products, therapies or illnesses;

3.2.3) Appointment booking with physicians of certain specialties by means of an AI-supported email agent, where applicable based on the result of a self-quiz;

3.2.4) Statistics and insights based on information from other Users with similar Products, therapies or illnesses (“Peer Statistics”);

3.2.5) Activity-tracking via an achievement program and points systems;

3.2.6) Coupons, discounts and other gifts or benefits that can be redeemed with partners;

3.2.7) Information and content about the Products used by the User, their therapies or illnesses and health interests in publisher accounts and in the brite treatment spaces (Product and Therapy Spaces) of Providers;

3.2.8) Information on interactions between different Products (“Interaction Check”);

3.2.9) An AI-based chatbot that responds to individual User inquiries and provides information based on medical documents and content, whereby its use serves solely to convey abstract information, and the information provided is not always complete, up to date or correct, as every chatbot is prone to error and its responses may vary;

3.2.10) Connection to external medical support in the form of chats, phone calls or video calls with medical staff

3.2.11) Communities that enable interaction with other Users based on Products, therapies, illnesses or interest groups;

3.2.12) Reminder or notification functions through push-notifications, e.g. the “pill reminder”;

3.2.13) Option to report drug side effects and quality defects in other products.

3.3 - XO Life is continuously developing the Services and the underlying software, as well as their content. XO Life has the right to implement updates and new versions to improve the Services at any time. XO Life may make changes of any kind to the Services or to the way the Services are provided. XO Life reserves the right to change or supplement the scope of the Services at any time or to terminate, discontinue or remove access to Services in whole or in part. XO Life will inform the User of any significant impairment of access to or use of the Services within a reasonable period of time before the date of the change. XO Life is not responsible for direct or indirect damages incurred by the User as a result of Services being changed, modified, terminated or restricted.

3.4 - XO Life would like to point out that the Services, including the AI-based chatbot, are not a medical device.

3.4.1) The content and information provided on the platform are intended exclusively for general information and health education purposes. They in no way replace personal consultation, examination, diagnosis, and therapy by licensed physicians or other medical professionals.

3.4.2) Even if medically qualified persons may be involved in the development or editorial creation of content, this is done exclusively within the scope of scientific or editorial activity. No medical examination, diagnosis, therapy, or individual health consultation takes place within the scope of the Platform. This applies in particular to the communities. The Services comprise solely a possible appointment booking with external physicians and a possible connection to external medical support.

3.4.3) Users are expressly encouraged to consult a licensed physician or other medical professionals in case of health complaints or medical questions. In an emergency, the emergency number (112) or the medical on-call service (116 117) should be contacted immediately.

3.4.4) XO Life accepts no liability for damages arising from users making decisions solely on the basis of information provided via the platform. XO Life is furthermore not liable for acts or omissions of the physicians or medical staff whom the User contacts with the assistance of the Services.

4. Access requirements, User account

4.1 - The User is obliged to provide all software and hardware needed to access the Services, such as a terminal device, an internet connection and compatible web browser software. Additional software may need to be downloaded or installed (e.g. certain software plug-ins or software applications) to access certain Services or documents. To use the native app, the User must download the application from the app store Provider Google Play Store or the Apple Store.

4.2 - In order to use the Services, the User must be registered and logged in to the Platform with a User account. A User account allows the use of the entire Platform. To register, the User’s e-mail address and a password are required, along with the User’s consent under data protection law. After completing registration, the User can log in, provide further personal information such as demographic data (e.g. gender, age, weight, height), the Products they use, their therapies and illnesses, as well as gain access to the Services.

4.3 - Only a natural person with full legal capacity that is at least 16 years old and not under guardianship may register a User account. The User must provide correct, truthful and, where necessary, complete information when registering and when using the Services. XO Life expressly reserves the right to verify the data provided during registration by means of suitable measures. XO Life is entitled to make the use of its Services dependent on further conditions. The User account is personal and may only be used by the User in person. However, it is permitted to set up a User account in the name of a relative. The access data for the User account must be kept secret and any access by third parties must be prevented by suitable measures. The User is responsible for all activities that occur via their User account and is liable to XO Life in accordance with the statutory provisions. XO Life is not liable for damages incurred by the User as a result of third parties using the access data or the User account with or without the User’s knowledge. Subject to the above provision regarding relatives, the User is not permitted to use the User account of another User.

5. User obligations

5.1 - The User may use the Services solely for the purpose for which he or she was granted access to the Services. Any other use of the Services is prohibited. The Services must be used in accordance with the community guidelines.

5.2 - In particular, the User may not upload any content to the Platform that violates the community guidelines, leads to misuse of the adverse reaction reporting tool (e.g. in the case of an accumulation of adverse reaction reports) or that

5.2.1) may be punishable by law (in particular incitement of masses, insult, defamation or threatening),

5.2.2) is pornographic, vulgar or obscene, harassing or otherwise offensive,

5.2.3) is anti-constitutional, extremist, racist or xenophobic or presents content that originates from banned groups,

5.2.4) infringe the rights of third parties (in particular personal rights, copyright, trademark rights, patent rights or other rights of third parties).

5.3 - The User must use the Services in such a way that no impairments, overloads or damages occur and the purpose pursued with the Services is neither endangered nor circumvented. The User will not circumvent or modify security precautions for the Services, either himself or through third parties.

6. Blocking of User account

6.1 - XO Life reserves the right, at its sole discretion, to terminate or restrict the User’s access to any part of the Services at any time and without prior notice.

6.2 - In particular, XO Life is entitled to block or delete a User account if the User violates an obligation under these Terms of Use or if XO Life has reason to suspect that such a violation has occurred.

7. Rights of use of the User

7.1 - All rights to the Services, including related software, databases, graphics, User interfaces, designs and other content, designations, names and trademarks, remain with XO Life or with any third parties that have granted XO Life rights in connection with the Services.

7.2 - The User is granted a simple, non-transferrable right, limited to the term of the usage agreement, to use the Services for their intended purpose. The User may use the Services for private purposes only. The User is not entitled to any rights that are not expressly granted to him.

7.3 - In particular, the User may not copy, translate, modify, reverse engineer, decompile or distribute the Services or parts thereof, including the source code or a copy, adaptation, transcription or merged part thereof. The User is not entitled to transfer, lease, cede, rent or grant sublicenses for the rights granted to him under these Terms of Use or to make the Services available for use by other persons.

8. Rights of use and responsibility for content posted by the User

8.1 - By posting content (images, text, audio and video material) on the platform, the user grants XO Life a simple, revocable, royalty-free and unlimited sublicensable right to use the content for the purposes for which it was posted on the platform, in particular to copy, transmit, publicly play, publicly display, reproduce, edit, translate and reformat the content.

8.2 - The user also grants XO Life a right of use to the extent specified in Section 8.1 to use the content specified in Section 8.1 and, if applicable, other content provided by the user in the context of using the platform to improve the visibility and findability of the brite area and the brite treatment areas in Internet search engines (‘search engine optimisation’ (SEO)).

8.3 - By posting content, the user warrants and guarantees that he/she is the owner of all rights to the content that are necessary to post the content and to grant XO Life the rights of use in accordance with these Terms of Use.

8.4 - XO Life is unable to control content posted by users on the platform. This applies in particular to the accuracy, legality, timeliness and quality of the content, as well as its suitability for a specific purpose. XO Life is not liable for content posted by users.

9. Fees

9.1 - There are no fees for the User to register a User account or to use the Services.

9.2 - However, registration and use of the Services requires the provision of personal data, including the User’s health data, as well as consent to the processing of the data, including its disclosure to Providers and, at the User’s request, to physicians contacted for the purpose of appointment booking (see clause 3.2.3) as well as to medical staff for the purpose of establishing contact for medical support (see clause 3.2.10), in accordance with data protection law. Information on the processing of personal data, including health data, by XO Life can be found in the Data Protection Notice.

10. Revocation, termination, deletion of the User account

10.1 - As a consumer, the User has a statutory right of withdrawal from contract. The Right of Withdrawal Notice applies.

10.2 - The User has the option to delete their User account and terminate the User contract at any time by clicking on the “Delete my account” button in the “Settings” clause of their User account. XO Life will send a confirmation of termination to the email address that is stored with XO Life. Upon termination and deletion of the User account, the User contract and the User’s right to use the Services shall end.

10.3 - If the User withdraws a consent granted under data protection law or objects to further processing of his personal data, XO Life may terminate the User contract without observing a notice period. Clause 10.2 sentences 2 and 3 shall apply accordingly.

11. No warranty

11.1 - XO Life always endeavors to ensure proper operation of the Services, however it is not liable to the User for the continuous accessibility, availability and functionality of these Services.

11.2 - XO Life has the right to take measures that affect access to the Services should it be necessary for technical, maintenance or security reasons, for example.

11.3 - XO Life is not liable to the User in particular for performance or availability problems

11.3.1) of the physicians contacted via the appointment booking function (see clause 3.2.3) and of the medical staff contacted on the User’s initiative (see clause 3.2.10),

11.3.2) due to factors beyond the control of XO Life (e.g. due to natural disasters, wars, terrorist attacks, uprisings or government action),

11.3.3) caused by User’s or any third party’s services, hardware or software,

11.3.4) caused by use of a Service after XO Life has directed the User to modify or update the use of a Service and User has not modified or updated use as directed,

11.3.5) during pre-release, beta and testing Services (as determined by XO Life),

11.3.6) caused by the User’s or anyone else’s unauthorized act or omission, after using the User’s credentials or devices to access the Platform,

11.3.7) caused by the User’s failure to adhere to required configurations, to use supported Platforms, and to comply with acceptable use policies; or

11.3.8) based on the blocking of the User account in accordance with clause 6.

12. Liability

12.1 - XO Life shall be liable without limitation, notwithstanding the following limitations of liability, for damage to life, limb and health resulting from a negligent or intentional breach of duty by XO Life, its legal representatives or vicarious agents, as well as for damages covered by liability under the German Act on Liability for Defective Products (Produkthaftungsgesetz - ProdHaftG), as well as for damages resulting from intentional or grossly negligent breaches of contract and malice on the part of XO Life, its legal representatives or vicarious agents. Physicians and medical staff whom the User contacts with the assistance of the Services (see clauses 3.2.3 and 3.2.10) are not considered legal representatives or vicarious agents of XO Life.

12.2 - In the event of negligence, XO Life’s liability shall be limited to compensation for typical foreseeable damage related to the use of the Services. However, in the case of simple negligence, XO Life is only liable if XO Life has breached an obligation whose fulfillment was essential to enable proper and, considering the interests of both parties, appropriate use of the Services provided the User could reasonably rely on the obligation to be fulfilled.

12.3 - XO Life is also not liable for disruptions and loss of quality of the Services resulting from data transmission over the internet, for which XO Life is not responsible and which impede or prevent the use of internet-based Services.

12.4 - XO Life is not liable for damages arising from the use or misuse of the AI chatbot pursuant to clause 3.2.9, in particular from the information resulting from User inquiries and the User’s decisions based thereon.

12.5 - Any further liability of XO Life is excluded, regardless of the legal nature of the asserted claim. Insofar as the liability of XO Life is excluded or limited, this also applies to the personal liability of its employees, workers, staff, representatives and agents.

13. Data protection

XO Life would like to point out that personal data of the User is processed when using the Services. XO Life complies with the applicable data protection regulations. Information on how personal data is processed can be found in the Data Protection Notice.

14. Applicable law, jurisdiction, disputes

14.1 - These Terms of Use, their subject matter and their creation (as well as all non-contractual disputes or claims) are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory consumer protection law requires otherwise.

14.2 - The place of jurisdiction is Munich, provided that the User is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch - HGB), a legal entity under public law or a special fund under public law. The same applies to Users who do not have a general place of jurisdiction in Germany or another EU member state or who have moved their place of residence abroad after the conclusion of the contract or whose place of residence or usual place of residence is not known when the legal action is brought. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.

14.3 - The European Commission provides a Platform for online dispute resolution (ODR). The link to the Platform can be found here: ec.europa.eu/consumers/odr/. XO Life is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

15. Invalidity of individual provisions, contractual lacuna

15.1 - Should any individual provisions of these Terms of Use be or become invalid or unenforceable, the validity of the remaining Terms of Use shall not be affected. The unenforceable or invalid provision shall be replaced by the respective statutory provisions. If statutory law is not available in the respective case, the invalid or unenforceable provision shall be replaced by a valid or enforceable provision whose effects come as close as possible to the objective that XO Life and the User pursued with the invalid or unenforceable provision.

15.2 - Clause 15.1 shall apply accordingly should one or more of the provisions prove to be incomplete.

16. Amendments to the Terms of Use

16.1 - XO Life reserves the right to amend or supplement these Terms of Use at any time without stating reasons with effect for the future, if

16.1.1) this is necessary to adapt to changed circumstances for which XO Life is not responsible (primarily changes in legislation and difficulties in the execution of the usage contract that could not be foreseen at the time of contract conclusion) and the change is reasonable for the User;

16.1.2) the change is only advantageous to the User;

16.1.3) the changes or adjustments have no significant influence on the functions of the Services or are of a purely technical or organizational nature; or

16.1.4) XO Life introduces additional, completely new Services or benefits that require a description in the Terms of Use, unless this would be detrimental to the current contractual relationship to User.

16.2 - Intended changes will be sent to the User at the email address last provided to XO Life or communicated via a notice on the website or in the app. The change will take effect no later than 14 days after the change is posted on the website or in the app or the User is otherwise made aware of the change, should the User not object to the change within 14 days. The User shall be deemed to have accepted the new terms if they continue to use the Services after the expiry of these 14 days.

16.3 - In the event of an objection within the period specified in clause 16.2, XO Life may terminate the contractual relationship with the User without notice. Should XO Life not terminate the existing contractual relationship after the effective objection, the previous Terms of Use shall remain in full force and effect in relation to the corresponding User. The current version of the Terms of Use can be viewed by clicking on the hyperlink “Terms of Use” in the footer of the website https://www.xo-life.com/.

17. Contact

XO Life can be contacted at:

XO Life GmbH
Kronstadter Str. 4
81677 Munich

E-mail: info@xo-life.com
Phone: +49 (0) 89 2154 7481

Last update:

02.07.2026

Terms of Use brite Platform

XO Life GmbH (“XO Life”), Agnes-Pockels-Bogen 1, 80992 Munich, provides the brite Platform (“Platform”). The Platform is used for digital product and therapy support and is designed to provide users with medical, illness-related or health-related content, to enable a better understanding of the products they use or their therapies or illnesses and health progress, and to promote support from medical experts and the exchange with other users of the same products, therapies and illnesses. At the same time, the patient perspective on products, therapies and illnesses is to be recorded and used to improve the products and therapies. “Products“ include, for instance, medications, medical devices, dietary supplements, cosmetics or other medical products.

On the Platform, users (”Users") can register, create a User account and personalize their User profile by providing certain personal data, including demographic data (e.g., gender, age, weight, height) and information about which Products they use or which therapy they are undergoing or which illness they suffer from. Based on the User profile, the User is shown suitable medical content, questions and services. XO Life operates a general, overarching space on the Platform under the name “brite” (“brite”), which is displayed to all registered Users. In addition, XO Life enables providers to set up their own Product- and therapy-specific spaces (“brite treatment spaces”) on the Platform. “Providers” in this sense are, for example, pharmaceutical companies, medical device manufacturers or distributors, other companies in the healthcare and life sciences industry, members of medical professions including the organizations in which they are employed, self-help groups or research institutions. Users can select the brite treatment spaces (Product and Therapy Spaces) that are appropriate for them and add them to their User profile.

1. Application and subject matter of the Terms of Use

1.1 - The following terms of use (“Terms of Use”) apply to the use of the Platform and the spaces, content, services and functions offered therein (hereinafter collectively referred to as “Services”) for the User. The Terms of Use also apply to future use of the Services by the User.

1.2 - By registering on the Platform and using the Services, the User confirms that he/she accepts the Terms of Use and agrees to their validity. It is not possible to register on the Platform and use the Services without agreeing to the Terms of Use.

2. Conclusion of contract

2.1 - When registering the User account (see clause 4.2), the User must accept the validity of the Terms of Use and give his/her consent under data protection law. The contract for the use of the Services shall not come into effect until XO Life sends a confirmation of registration by email. By clicking the “I agree” button, the User submits an offer to conclude a contract for the use of the Services. Immediately after sending the offer, the User receives a confirmation of their registration. Subject to sentence 1, the confirmation is also the acceptance of the contract offer for the use of the Services.

2.2 - The User can print or save the Terms of Use via the browser function. The User can also download and archive the Terms of Use in PDF format as part of the registration process. XO Life sends the User the Terms of Use in their current version with the registration confirmation or link. XO Life does not store the text of the contract.

3. Scope of Services, changes to Services

3.1 - The Services are provided via a browser-based web application and as a native iOS or Android app that can be accessed via the internet.

3.2 - The scope of Services and the Services available to the User depend on which Services XO Life makes available on the Platform. Available Services may include, for example:
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3.2.1) Various spaces, such as XO Life's brite or brite treatment spaces (Product and Therapy Spaces) from Providers as an accompanying program to the Products, therapies or illnesses indicated by Users;

3.2.2) Provision of questionnaires, i.e. scientifically standardized Patient Reported Outcome Measures or individual sets of questions, based on the User's information on Products, therapies or illnesses;

3.2.3) Terminbuchung mit Ärzt:innen mittels KI-gestütztem E-Mail-Agenten

3.2.3) Statistics and insights based on information from other Users with similar Products, therapies or illnesses (“Peer Statistics”);
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3.2.4) Activity-tracking via an achievement program and points systems;
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3.2.5) Coupons, discounts and other gifts or benefits that can be redeemed with partners;
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3.2.6) Information and content about the Products used by the User, their therapies or illnesses and health interests in publisher channels and in the brite treatment spaces (Product and Therapy Spaces) of Providers;
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3.2.7) Information on interactions between different Products (“Interaction Check”);

3.2.9) KI-basierter Chatbot inkl. Fehleranfälligkeits-Disclaimer
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3.2.10) Verbindung zu externem medizinischen Support in Form von Chats, Telefongesprächen oder Video-Calls mit medizinischen Fachangestellten
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3.2.9) Communities zur Interaktion mit anderen Nutzern basierend auf Produkten, Therapien, Erkrankungen oder Interessensgruppen;Communities that enable interaction with other Users based on Products, therapies, illnesses or interest groups;
‍
3.2.10) Reminder or notification functions through push-notifications, e.g. the “pill reminder”;

3.3 - XO Life is continuously developing the Services and the underlying software, as well as their content. XO Life has the right to implement updates and new versions to improve the Services at any time. XO Life may make changes of any kind to the Services or to the way the Services are provided. XO Life reserves the right to change or supplement the scope of the Services at any time or to terminate, discontinue or remove access to Services in whole or in part. XO Life will inform the User of any significant impairment of access to or use of the Services within a reasonable period of time before the date of the change. XO Life is not responsible for direct or indirect damages incurred by the User as a result of Services being changed, modified, terminated or restricted.XO Life entwickelt die Dienste und die zugrundeliegende Software sowie deren Inhalte kontinuierlich weiter. XO Life hat das Recht, jederzeit Aktualisierungen und neue Versionen zur Verbesserung der Dienste zu implementieren. XO Life kann Änderungen jeglicher Art an den Diensten oder an der Art und Weise vornehmen, wie die Dienste bereitgestellt werden. XO Life behält sich vor, den Funktionsumfang der Dienste jederzeit zu ändern oder zu ergänzen oder ganz oder teilweise zu beenden, Dienste einzustellen, zu entfernen oder den Zugang zu Diensten zu beschränken. Über nicht unerhebliche Beeinträchtigungen der Zugriffsmöglichkeit oder der Nutzbarkeit der Dienste wird XO Life den Nutzer innerhalb einer angemessenen Frist vor dem Zeitpunkt der Änderung informieren. XO Life ist nicht verantwortlich für direkte oder indirekte Schäden, die dem Nutzer dadurch entstehen, dass Dienste geändert, modifiziert, beendet oder eingeschränkt werden.

3.4 - XO Life would like to point out that the Services are not a medical device.XO Life weist darauf hin, dass es sich bei den Diensten nicht um ein Medizinprodukt handelt.

4. Access requirements, User account

4.1 - The User is obliged to provide all software and hardware needed to access the Services, such as a terminal device, an internet connection and compatible web browser software. Additional software may need to be downloaded or installed (e.g. certain software plug-ins or software applications) to access certain Services or documents. To use the native app, the User must download the application from the app store Provider Google Play Store or the Apple Store.

4.2 - In order to use the Services, the User must be registered and logged in to the Platform with a User account. A User account allows the use of the entire Platform. To register, the User's e-mail address and a password are required, along with the User's consent under data protection law. After completing registration, the User can log in, provide further personal information such as demographic data (e.g. gender, age, weight, height), the Products they use, their therapies and illnesses, as well as gain access to the Services.
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4.3 - Only a natural person with full legal capacity that is at least 16 years old and not under guardianship may register a User account. The User must provide correct, truthful and, where necessary, complete information when registering and when using the Services. XO Life expressly reserves the right to verify the data provided during registration by means of suitable measures. XO Life is entitled to make the use of its Services dependent on further conditions. The User account is personal and may only be used by the User in person. However, it is permitted to set up a User account in the name of a relative. The access data for the User account must be kept secret and any access by third parties must be prevented by suitable measures. The User is responsible for all activities that occur via their User account and is liable to XO Life in accordance with the statutory provisions. XO Life is not liable for damages incurred by the User as a result of third parties using the access data or the User account with or without the User's knowledge. Subject to the above provision regarding relatives, the User is not permitted to use the User account of another User.

5. User obligations

5.1 - The User may use the Services solely for the purpose for which he or she was granted access to the Services. Any other use of the Services is prohibited. The Services must be used in accordance with the community guidelines.

5.2 - In particular, the User may not upload any content to the Platform that violates the community guidelines, leads to misuse of the adverse reaction reporting tool (e.g. in the case of an accumulation of adverse reaction reports) or that
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5.2.1) may be punishable by law (in particular incitement of masses, insult, defamation or threatening),

5.2.2) is pornographic, vulgar or obscene, harassing or otherwise offensive,

5.2.3) is anti-constitutional, extremist, racist or xenophobic or presents content that originates from banned groups,
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5.2.4) infringe the rights of third parties (in particular personal rights, copyright, trademark rights, patent rights or other rights of third parties).

5.3 - The User must use the Services in such a way that no impairments, overloads or damages occur and the purpose pursued with the Services is neither endangered nor circumvented. The User will not circumvent or modify security precautions for the Services, either himself or through third parties.

6. Blocking of User account

6.1 - XO Life reserves the right, at its sole discretion, to terminate or restrict the User's access to any part of the Services at any time and without prior notice.

6.2 - In particular, XO Life is entitled to block or delete a User account if the User violates an obligation under these Terms of Use or if XO Life has reason to suspect that such a violation has occurred.

7. Rights of use of the User

7.1 - Alle Rechte an den Diensten, einschließlich von damit zusammenhängender Software, Datenbanken, Grafiken, Benutzeroberflächen, Designs sowie anderen Inhalte, Bezeichnungen, Namen und Marken, verbleiben bei XO Life oder bei etwaigen Dritten, die XO Life Rechte im Zusammenhang mit den Diensten eingeräumt haben.All rights to the Services, including related software, databases, graphics, User interfaces, designs and other content, designations, names and trademarks, remain with XO Life or with any third parties that have granted XO Life rights in connection with the Services.

7.2 - The User is granted a simple, non-transferrable right, limited to the term of the usage agreement, to use the Services for their intended purpose. The User may use the Services for private purposes only. The User is not entitled to any rights that are not expressly granted to him.

7.3 - In particular, the User may not copy, translate, modify, reverse engineer, decompile or distribute the Services or parts thereof, including the source code or a copy, adaptation, transcription or merged part thereof. The User is not entitled to transfer, lease, cede, rent or grant sublicenses for the rights granted to him under these Terms of Use or to make the Services available for use by other persons.

8. Rights of use and responsibility for content posted by the User

8.1 - By posting content (images, text, audio- and video material) on the Platform, the User grants XO Life a simple, revocable, royalty-free, perpetual, sublicensable right to use the content for the purposes for which it was posted on the Platform, in particular to copy, transmit, publicly play, publicly display, reproduce, edit, translate and reformat the content.

8.2 - By posting content, the User represents and warrants that he/she is the owner of all rights to the content necessary to post the content and to grant XO Life the rights of use under these Terms of Use.
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8.3 - It is not possible for XO Life to control the content that Users post on the Platform. This especially applies to the accuracy of the content, its legality, timeliness and quality, and its suitability for a particular purpose. XO Life is not liable for content posted by Users.

9. Fees

9.1 - There are no fees for the User to register a User account or to use the Services.

9.2 - However, registration and use of the Services requires the provision of personal data, including the User's health data, as well as consent to the processing of the data, including its disclosure to Providers, in accordance with data protection law. Information on the processing of personal data, including health data, by XO Life can be found in the Data Protection Notice.

10. Revocation, termination, deletion of the User account

10.1 - As a consumer, the User has a statutory right of withdrawal from contract. The Right of Withdrawal Notice applies.

10.2 - The User has the option to delete their User account and terminate the User contract at any time by clicking on the “Delete my account” button in the “Settings” clause of their User account. XO Life will send a confirmation of termination to the email address that is stored with XO Life. Upon termination and deletion of the User account, the User contract and the User's right to use the Services shall end.

10.3 - If the User withdraws a consent granted under data protection law or objects to further processing of his personal data, XO Life may terminate the User contract without observing a notice period. Clause 10.2 sentences 2 and 3 shall apply accordingly.

10. No warranty

11.1 - XO Life always endeavors to ensure proper operation of the Services, however it is not liable to the User for the continuous accessibility, availability and functionality of these Services.

11.2 - XO Life has the right to take measures that affect access to the Services should it be necessary for technical, maintenance or security reasons, for example.
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11.3 - XO Life is not liable to the User in particular for performance or availability problems

11.3.1) due to factors beyond the control of XO Life (e.g. due to natural disasters, wars, terrorist attacks, uprisings or government action),

11.3.2) caused by User's or any third party's services, hardware or software,

11.3.3) caused by use of a Service after XO Life has directed the User to modify or update the use of a Service and User has not modified or updated use as directed,
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11.3.4) during pre-release, beta and testing Services (as determined by XO Life),

11.3.5) caused by the user's unauthorized action or omission or by other persons who have gained access to the platform using the user's login details or devices,

11.3.6) caused by the User's failure to adhere to required configurations, to use supported Platforms, and to comply with acceptable use policies; or
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11.3.7) based on the blocking of the User account in accordance with clause 6.

12. Liability

12.1 - XO Life shall be liable without limitation, notwithstanding the following limitations of liability, for damage to life, limb and health resulting from a negligent or intentional breach of duty by XO Life, its legal representatives or vicarious agents , as well as for damages covered by liability under the German Act on Liability for Defective Products (Produkthaftungsgesetz - ProdHaftG), as well as for damages resulting from intentional or grossly negligent breaches of contract and malice on the part of XO Life, its legal representatives or vicarious agents.

12.2 - In the event of negligence, XO Life's liability shall be limited to compensation for typical foreseeable damage related to the use of the Services. However, in the case of simple negligence, XO Life is only liable if XO Life has breached an obligation whose fulfillment was essential to enable proper and, considering the interests of both parties, appropriate use of the Services provided the User could reasonably rely on the obligation to be fulfilled.

12.3 - XO Life is also not liable for disruptions and loss of quality of the Services resulting from data transmission over the internet, for which XO Life is not responsible and which impede or prevent the use of internet-based Services.

12.4 - Any further liability of XO Life is excluded, regardless of the legal nature of the asserted claim. Insofar as the liability of XO Life is excluded or limited, this also applies to the personal liability of its employees, workers, staff, representatives and agents.

13. Data protection

XO Life would like to point out that personal data of the User is processed when using the Services. XO Life complies with the applicable data protection regulations. Information on how personal data is processed can be found in the Data Protection Notice.

14. Applicable law, jurisdiction, disputes

14.1 - These Terms of Use, their subject matter and their creation (as well as all non-contractual disputes or claims) are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory consumer protection law requires otherwise.

14.2 - The place of jurisdiction is Munich, provided that the User is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch - HGB), a legal entity under public law or a special fund under public law. The same applies to Users who do not have a general place of jurisdiction in Germany or another EU member state or who have moved their place of residence abroad after the conclusion of the contract or whose place of residence or usual place of residence is not known when the legal action is brought. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.

14.3 - The European Commission provides a Platform for online dispute resolution (ODR). The link to the Platform can be found here: ec.europa.eu/consumers/odr/. XO Life is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

15. Invalidity of individual provisions, contractual lacuna

15.1 - Should any individual provisions of these Terms of Use be or become invalid or unenforceable, the validity of the remaining Terms of Use shall not be affected. The unenforceable or invalid provision shall be replaced by the respective statutory provisions. If statutory law is not available in the respective case, the invalid or unenforceable provision shall be replaced by a valid or enforceable provision whose effects come as close as possible to the objective that XO Life and the User pursued with the invalid or unenforceable provision.

15.2 - Clause 15.1 shall apply accordingly should one or more of the provisions prove to be incomplete.

16. Amendments to the Terms of Use

16.1 - XO Life reserves the right to amend or supplement these Terms of Use at any time without stating reasons with effect for the future, if

16.1.1) this is necessary to adapt to changed circumstances for which XO Life is not responsible (primarily changes in legislation and difficulties in the execution of the usage contract that could not be foreseen at the time of contract conclusion) and the change is reasonable for the User;;

16.1.2) the change is only advantageous to the User;

16.1.3) the changes or adjustments have no significant influence on the functions of the Services or are of a purely technical or organizational nature; or

16.1.4) XO Life introduces additional, completely new Services or benefits that require a description in the Terms of Use, unless this would be detrimental to the current contractual relationship to User.

16.2 - Intended changes will be sent to the User at the email address last provided to XO Life or communicated via a notice on the website or in the app. The change will take effect no later than 14 days after the change is posted on the website or in the app or the User is otherwise made aware of the change, should the User not object to the change within 14 days. The User shall be deemed to have accepted the new terms if they continue to use the Services after the expiry of these 14 days.

16.3 - In the event of an objection within the period specified in clause 16.2, XO Life may terminate the contractual relationship with the User without notice. Should XO Life not terminate the existing contractual relationship after the effective objection, the previous Terms of Use shall remain in full force and effect in relation to the corresponding User. The current version of the Terms of Use can be viewed by clicking on the hyperlink “Terms of Use” in the footer of the website https://www.xo-life.com/.

17. Contact

XO Life can be contacted at:

XO Life GmbH
Agnes-Pockels-Bogen 1
80992 München

Email: info@xo-life.com
Phone: +49 (0) 89 2154 7481

Last update:

28.01.2025