Kopfwolke Terms of Use

Version 1.0 · Effective 2 October 2026

These Terms of Use (“Terms”) are an agreement between you and Patrick Böttge, Ferdinand-Rhode-Str. 5, 04107 Leipzig, Germany (“we”, “us”). We provide the Kopfwolke app (“Kopfwolke” or the “App”). These Terms are also the license agreement for the App (custom EULA).

IMPORTANT: KOPFWOLKE IS A DIARY, NOT A MEDICAL DEVICE. IT DOES NOT DIAGNOSE, PREDICT ATTACKS OR RECOMMEND TREATMENT. KOPFWOLKE NEVER SENDS MESSAGES ON ITS OWN; YOU TAP SEND YOURSELF AND DELIVERY IS NOT GUARANTEED (SECTION 5). IT IS NOT AN EMERGENCY SERVICE – IN AN EMERGENCY, CALL 911 (US) OR 112 (EU).

IF YOU LIVE IN THE UNITED STATES, PLEASE READ SECTION 12. IT REQUIRES INDIVIDUAL ARBITRATION AND WAIVES CLASS ACTIONS AND JURY TRIALS, UNLESS YOU OPT OUT WITHIN 30 DAYS. SECTION 12 DOES NOT APPLY TO CONSUMERS IN THE EU, THE EEA, THE UK OR SWITZERLAND.

1. Acceptance and eligibility

These Terms apply when you use the App. You accept them when you first open the App, and we show them to you again before you buy Kopfwolke Pro (paywall). If you do not agree, do not use the App. If you are under 18, or under the age of majority where you live, a parent or guardian must agree to these Terms for you.

2. What Kopfwolke does

Kopfwolke lets you:

record headaches and migraine attacks (start, end, intensity, type, symptoms, daily factors such as sleep, stress or alcohol, medication and how well it worked) and see them in a calendar;
see barometric pressure, temperature and humidity for your approximate location, provided by Apple Weather;
count headache days and medication days per drug class and show these numbers without any assessment;
with Pro: get a heads-up when the forecast shows a marked pressure drop, see your entries next to pressure, sleep and cycle in charts and create a monthly headache calendar as a PDF;
prepare messages to people you choose when an attack starts (Section 5);
export your entries as CSV.

3. What Kopfwolke is not

Not a medical device; no diagnosis; no advice. Kopfwolke does not diagnose any condition (including migraine or medication-overuse headache), does not predict attacks and does not recommend any treatment, medication or dose. Kopfwolke does not evaluate your entries: it counts and displays what you record, but it does not calculate associations between factors and attacks and gives no notes based on medical thresholds. Ask your doctor or pharmacist about symptoms and medication.

Weather data. Pressure and forecasts come from Apple Weather and may be inaccurate or unavailable. A pressure-drop heads-up is weather information, not a warning of an attack.

Delivery by iOS. Pressure heads-ups and follow-up questions are scheduled on your iPhone. iOS decides whether and when they appear (Background App Refresh, notifications, Focus, battery, network). They may be late or missing.

Not an emergency service. In an emergency, call your local emergency number.

4. Apple Health, location, Apple Watch

Kopfwolke reads Apple Health data (sleep, cycle, steps) only if you allow it. It uses a rounded location for weather data. Details are in the Privacy Policy. Entries made on Apple Watch and in widgets are synced directly with your iPhone.

5. Notify on attack

Templates are suggestions. You are responsible for recipients, content and timing of your messages. Templates are general wording aids, not legal advice.
You send yourself (free). Kopfwolke opens the iOS Messages or Mail compose sheet or the share sheet. Nothing is sent until you tap Send there. Kopfwolke never sends anything automatically.
Days and time window. For each template you choose the days and times it is planned for. This only decides which messages “Send all” opens one after another; you can open and send any other message yourself at any time.
No delivery guarantee. Delivery depends on iOS, your carrier or email provider, the app you pick when sharing, the network and your settings. Kopfwolke only learns that you tapped Send in the iOS sheet (“sent”), not whether the message was delivered.
Telling your employer remains your responsibility. If you must report sickness to your employer, that duty stays with you. Kopfwolke helps you word the message but does not replace your own check. If in doubt, confirm that your message arrived.

6. Your responsibilities

You are responsible for entering your information, contacts and templates correctly, checking your iPhone settings (notifications, Background App Refresh, location), the decisions you make about your health, keeping your device secure, and how you share exports and PDFs.

7. License

We grant you a non-transferable, non-exclusive license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions (including Family Sharing where enabled). You may not copy, modify, reverse engineer, resell or distribute the App except as permitted by law.

8. Subscriptions and purchases

Logging, the calendar, your full history, CSV export, starting and ending attacks (App, Apple Watch, widget, Control Center) and notifying are free. Kopfwolke Pro is available as a subscription or a one-time purchase. Purchases are processed and billed by Apple as our agent (in the United States) or sold by Apple (in other regions, including the EU, the UK and Switzerland). A subscription renews automatically at the price shown in the App until you cancel it in your Apple Account settings at least 24 hours before the end of the current period. A free trial turns into a paid subscription unless you cancel it before the trial ends. Apple handles refunds and, where applicable, withdrawals under its policies (in your Apple Account under purchase history). If you allow it, the App reminds you with a local notification 2 days before a free trial ends and 30 days before a yearly subscription renews, with the price and how to cancel; these reminders contain no health information. If Pro ends, all your entries and the free features, including notifying, stay.

9. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS STATED IN SECTION 8, KOPFWOLKE IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT WEATHER DATA IS ACCURATE, THAT HEADS-UPS ARE DELIVERED ON TIME, OR THAT MESSAGES ARE DELIVERED.

This Section does not limit any rights you have under mandatory consumer law (see Section 11).

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSSES ARISING FROM A MESSAGE THAT WAS NOT DELIVERED OR DELIVERED LATE. OUR TOTAL LIABILITY FOR ALL OTHER CLAIMS RELATING TO KOPFWOLKE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR KOPFWOLKE IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (B) US$50.

THESE LIMITS DO NOT APPLY TO DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, TO FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO LIABILITY UNDER PRODUCT LIABILITY LAWS, OR TO ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

New Jersey residents. If you live in New Jersey, the following do not apply to you to the extent New Jersey law does not permit them: (a) the disclaimer of implied warranties in Section 9, (b) the exclusion of indirect, incidental, special, consequential and punitive damages in Section 10, and (c) the cap on our total liability in Section 10. Nothing in these Terms limits any rights you have under the New Jersey Punitive Damages Act, the New Jersey Products Liability Act, the New Jersey Uniform Commercial Code or the New Jersey Consumer Fraud Act. All other parts of Sections 9 and 10 apply to you.

11. Consumers in the EU, the EEA, the UK and Switzerland

If you are a consumer and live in the EU, the EEA, the UK or Switzerland, this Section applies. Where it conflicts with other Sections, it takes priority.

Statutory rights. You keep your statutory rights for digital products, including remedies for defects and the right to updates (in Germany §§ 327 ff. BGB; in the UK the Consumer Rights Act 2015). Section 9 does not apply to you.
Liability. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under product liability law and under any guarantee we give. For slight negligence, we are only liable if we breach an obligation that makes the proper performance of this agreement possible in the first place and that you may regularly rely on (for example, keeping your entries stored and filling in messages from your templates). In that case our liability is limited to the damage that is typical and foreseeable for this type of agreement. Section 10 does not apply to you.
No arbitration. Section 12 does not apply to you.
Governing law. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. This does not take away the protection of the mandatory consumer laws of the country where you live.
Courts. You may bring claims in the courts where you live or in Germany.
Consumer dispute resolution. We are not willing or obliged to take part in dispute resolution proceedings before a consumer arbitration board.

12. Dispute resolution for users in the United States: arbitration and class action waiver

12.1 Informal resolution first. Before starting a claim, each side sends the other a written notice describing the individual claim and the relief requested (to us: [email protected]). We will try to resolve it within 60 days.

12.2 Binding individual arbitration. If the dispute is not resolved within 60 days, any dispute arising out of or relating to Kopfwolke or these Terms will be resolved by binding individual arbitration. The American Arbitration Association (AAA) administers it under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules. The Federal Arbitration Act governs this Section 12. The arbitration may take place by video or in the county where you live.

12.3 Small claims. Either side may instead bring an individual claim in small-claims court if it qualifies.

12.4 Fees. We pay all AAA filing, administration and arbitrator fees, except the consumer filing fee set by the AAA rules.

12.5 WAIVER OF CLASS ACTIONS AND JURY TRIAL. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO TAKE PART IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION OR ARBITRATION. A court, not an arbitrator, decides whether this waiver is enforceable.

12.6 Public injunctive relief. A court decides any request for public injunctive relief after the individual arbitration ends. That court action is paused while the arbitration is pending.

12.7 Severability. If a court finds part of this Section 12 unenforceable for a claim, that claim (and only that claim) goes to court. The rest of Section 12 stays in effect.

12.8 Opt-out. You may opt out of this Section 12 within 30 days after you first accept these Terms. Email [email protected] with your name and the sentence “I opt out of arbitration.” Opting out does not affect any other part of these Terms.

13. Governing law for users outside the EU, the EEA, the UK and Switzerland

For users in the United States, the Federal Arbitration Act and the laws of the State of New York govern these Terms, without regard to conflict-of-law rules. For all other users outside the regions named in Section 11, German law applies. In every case you keep any protection that the mandatory law of the place where you live gives you.

14. Changes to these Terms

We will tell you about material changes in the App and ask you to accept them before you continue to use the affected feature. Changes do not apply to disputes you told us about before the change.

15. Apple as third-party beneficiary and other Apple terms

Parties. These Terms are between you and us only, not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the App and its content.
Maintenance and support. We are solely responsible for maintenance and support. Apple has no obligation to provide any maintenance or support for the App.
Warranty. To the extent any warranty has not been effectively disclaimed, we, not Apple, are responsible for it. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
Intellectual property. If a third party claims that the App or your use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim.
Legal compliance. You represent that you are not located in a country subject to a US government embargo or designated as a “terrorist supporting” country, and that you are not on any US government list of prohibited or restricted parties.
Third-party terms. You must comply with applicable third-party terms (for example, your wireless data agreement) when using the App.
Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

16. General

If any provision of these Terms is unenforceable, the rest stays in effect. If we do not enforce a provision, we do not waive it. These Terms and the Privacy Policy are the entire agreement between you and us about Kopfwolke. You may not assign these Terms. We may assign them if we transfer the App, as long as your rights are not reduced.

17. Contact

Patrick Böttge · Ferdinand-Rhode-Str. 5 · 04107 Leipzig · Germany · [email protected] Please do not send us health information by email.