Terms of Service

Effective: March 2026

The German version of these Terms of Service is legally binding. This English translation is provided for informational purposes only.

For ease of readability, the generic masculine form is used throughout these Terms. All personal designations apply equally to all genders.

1. Scope and Contracting Party

1.1 These Terms of Service (hereinafter "Terms") govern the use of the mobile application "HoppKit" (hereinafter "App") and the associated web application (hereinafter collectively "Service"), operated by Agency Fourtify UG (haftungsbeschränkt) [limited liability entrepreneurial company under German law], Dürerstraße 38, 42579 Heiligenhaus, Germany, registered in the Commercial Register of the Wuppertal District Court under HRB 35301, email: info@agencyfourtify.de (hereinafter "Provider", "we" or "us"). The Provider's legal notice (Impressum) is available at https://hoppkit.app/impressum.
1.2 The Service is available as a native app for iOS and Android as well as a web application.
1.3 By registering for or using the Service, the user (hereinafter "User" or "you") agrees to these Terms. Deviating terms of the User shall not be recognized unless the Provider expressly consents in text form.
1.4 The Provider reserves the right to amend these Terms with reasonable prior notice. Changes will be communicated to the User at least six (6) weeks before the planned effective date via email or through the Service. The amended Terms shall only become effective upon the User's active consent. The User will be expressly informed in the change notification of the specific changes, their significance, and the option to consent or decline. If the User does not consent to the changes, the existing Terms shall continue to apply. In this case, the Provider reserves the right to terminate the contract with four (4) weeks' notice to the end of the current billing period.

2. Description of the Service

2.1 HoppKit is an AI-powered travel planning service. The Service assists users in creating personalized travel plans using artificial intelligence. The Service includes the following features in particular:
  • AI Chat for Travel Planning: Users can create personalized travel plans through a dialogue with an AI-powered chat function. The User is informed that they are communicating with an AI system and not with a human.
  • Travel Journal: Users can create and manage entries about their trips.
  • Cost Tracking: Users can record and document travel expenses.
  • Sharing Travel Plans: Users can share created travel plans with other people.
2.2 The Service does not constitute a travel agency, tour operator, or booking platform. The Provider does not arrange or provide travel services (such as flights, accommodations, activities, or transportation). All suggestions, recommendations, and information generated by the AI serve solely for inspiration and orientation purposes.
2.3 The Provider does not guarantee any specific availability of the Service. Maintenance, technical disruptions, or force majeure may lead to temporary restrictions. The Provider will inform the User of planned maintenance in advance where possible.

3. Registration and User Account

3.1 Use of the Service requires registration and the creation of a user account.
3.2 The User must provide truthful and complete information during registration and update such information promptly in the event of any changes.
3.3 Use of the Service is permitted for persons aged 16 or older. The minimum age of 16 corresponds to the requirements of Art. 8(1) GDPR for consent to the processing of personal data. Persons under 16 may only use the Service with verifiable consent of a legal guardian. The Provider reserves the right to take appropriate measures to verify the User's age and the guardian's consent. The validity of contracts with minors is otherwise governed by Sections 106 et seq. of the German Civil Code (BGB).
3.4 Each User may create only one user account. The user account is non-transferable.
3.5 The User is obligated to keep their login credentials confidential and to protect them from third-party access. In the event of suspected unauthorized use of the account, the User must notify the Provider immediately.
3.6 The Provider reserves the right to temporarily suspend or permanently delete user accounts in the event of a violation of these Terms. The provisions of Section 6.6 (complaints procedure) remain unaffected.

4. Freemium Model and Paid Subscriptions

4.1 The Service is offered as a freemium model. Basic features are available free of charge. Extended features are accessible through a paid subscription (hereinafter "Premium Subscription").
4.2 The Premium Subscription may be purchased as a monthly or annual subscription. The applicable prices and scope of services will be transparently displayed to the User before completing the subscription. All prices include the applicable statutory value-added tax.
4.3 Conclusion: The contract for the Premium Subscription is concluded upon confirmation of the purchase through the respective app store (Apple App Store, Google Play Store) or the web application.
4.4 Term and Cancellation:
  • The monthly subscription automatically renews for one additional month unless cancelled at least 24 hours before the end of the current billing period.
  • The annual subscription automatically renews for one additional year unless cancelled at least 24 hours before the end of the current billing period.
  • Cancellation may be made in text form (e.g., email to info@agencyfourtify.de). For subscriptions concluded through an app store, cancellation is made through the subscription management of the respective app store. For subscriptions concluded through the web application, a cancellation button pursuant to Section 312k BGB is additionally available in the account settings of the Service.
  • Upon receipt of the cancellation, the User will promptly receive a cancellation confirmation on a durable medium (email) pursuant to Section 312k(6) BGB.
4.5 Payment: Payment is processed through the payment method stored in the respective app store or, for subscriptions made through the web application, through the payment methods offered there.
4.6 Right of Withdrawal: Consumers are entitled to a statutory right of withdrawal. The withdrawal instructions are contained in Appendix A, and the model withdrawal form is contained in Appendix B of these Terms.
4.7 Price Changes: The Provider reserves the right to change prices for future billing periods. Price changes will be communicated to the User at least 30 days before taking effect. If the User does not agree to the price change, the User may cancel the subscription at the end of the current billing period. Increased prices shall only apply to billing periods commencing after the price change takes effect.
4.8 Free Trial: New customers may try HoppKit Pro free of charge for 7 days, once per account. Upon expiry, the trial automatically converts into a paid monthly Pro subscription at €9.99 unless cancelled beforehand. Cancellation during the trial is possible at any time and free of charge. For subscriptions concluded through the App Store or Google Play, the respective provider's terms additionally apply to the trial and cancellation; cancellation is made there through the store's subscription management.

5. Use of Artificial Intelligence (AI)

5.1 The Service uses artificial intelligence to generate travel plan suggestions and for communication in the chat. The User is hereby informed pursuant to Art. 50 of Regulation (EU) 2024/1689 (EU AI Act) that they are interacting with an AI system when using the Service. AI-generated content is labeled as such within the Service.
5.2 The Service accesses various external AI models via an API interface (currently through the service OpenRouter) (e.g., Google Gemini and other language models). The Provider does not train any AI models itself. User inputs in the chat are transmitted to these external service providers insofar as this is necessary for the provision of the Service. A current overview of the AI service providers and models used is available in the Privacy Policy at https://hoppkit.app/datenschutz. The Provider will inform the User of material changes to the service providers or models used.
5.3 No Guarantee of Accuracy: The content generated by the AI (travel suggestions, recommendations, information about places, opening hours, prices, distances, etc.) is automatically created and may be incorrect, outdated, or incomplete. The Provider assumes no liability for the accuracy, completeness, timeliness, or suitability of AI-generated content.
5.4 The User is advised to independently verify all AI-generated information before a trip, particularly regarding safety notices, entry requirements, opening hours, and current availability.
5.5 The AI cannot make legally binding commitments. AI-generated content does not constitute travel advice, legal advice, or medical advice.
5.6 The Provider strives to continuously improve the quality of AI-generated content but does not guarantee any specific quality of results.
5.7 The Provider has assessed the Service against the applicable provisions of Regulation (EU) 2024/1689 (EU AI Act). The Service supports travel planning and does not fall within the high-risk AI systems defined in Art. 6 of the AI Act. The Provider nevertheless ensures compliance with the transparency obligations under Art. 50 of the AI Act.

6. User-Generated Content

6.1 Users may create and share their own content within the Service (e.g., travel plans, travel journal entries, cost overviews).
6.2 By uploading or creating content, the User grants the Provider a non-exclusive, free-of-charge right of use limited to the provision of the Service. This right includes in particular the right to store, process, and display the content within the Service and to transmit it to recipients designated by the User. The right of use exists for the duration of the User's use of the Service and expires upon deletion of the user account, unless statutory retention obligations apply.
6.3 No Use for AI Training: User-generated content is not used by the Provider for training or further development of AI models. The transmission of user inputs to external AI service providers pursuant to Section 5.2 is solely for processing the User's specific request. The Provider cannot exclude that external AI service providers may process user inputs in accordance with their own terms of use. The Provider selects API configurations where possible that do not use user data for training and provides information about this in the Privacy Policy.
6.4 The User is solely responsible for the content they create and share. The User warrants that their content does not infringe any third-party rights and does not violate applicable law.
6.5 It is prohibited to distribute content through the Service that is unlawful, defamatory, discriminatory, pornographic, glorifying violence, or otherwise objectionable.
6.6 The Provider is entitled to remove content that violates these Terms or applicable law. The affected User will be informed of the removal and the reasons therefor. The User has the right to lodge a complaint against the decision within two (2) weeks of receiving the notification. The Provider will review the complaint and communicate the result to the User. This provision is in accordance with the requirements of Regulation (EU) 2022/2065 (Digital Services Act).
6.7 Zero tolerance for objectionable content and abusive behavior: HoppKit has a zero-tolerance policy for objectionable content or abusive behavior between users. Violations result in immediate content removal and may lead to temporary or permanent account suspension.
6.8 Reporting and moderation: Objectionable content can be reported via the in-app reporting function. The provider typically responds to reports within 24 hours. Appeals against moderation decisions may be sent by email to info@agencyfourtify.de; the appeal window is two (2) weeks per Section 6.6.

7. User Obligations

7.1 The User undertakes to use the Service only in accordance with applicable laws and these Terms.
7.2 In particular, the User is prohibited from:
  • using the Service for unlawful purposes;
  • burdening the Service or its infrastructure through excessive automated requests, scraping, or similar measures;
  • circumventing or manipulating security measures of the Service;
  • decompiling, reverse engineering, or reading the source code of the Service, unless expressly permitted by law;
  • reproducing or commercially exploiting content of the Service without the Provider's prior written consent.

8. Intellectual Property

8.1 All rights to the Service, including the software, design, texts, graphics, logos, and trademarks, belong to the Provider or its licensors.
8.2 Use of the Service does not confer ownership or any other rights in the components of the Service. The User is merely granted a simple, non-transferable, non-sublicensable, revocable right to use the Service within the scope of these Terms.
8.3 AI-generated travel plans may be freely used by the User for personal purposes. Commercial reuse of content generated by the Service requires the Provider's prior written consent.

9. Data Protection

9.1 The protection of personal data is of great importance to the Provider. The collection, processing, and use of personal data takes place in accordance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and other applicable data protection regulations.
9.2 Details on data processing, in particular regarding legal bases, storage periods, data subject rights, and third-country transfers, can be found in the separate Privacy Policy, available at https://hoppkit.app/datenschutz. The Privacy Policy is an independent document and does not form part of these Terms.
9.3 In connection with the use of the Service, the following data in particular is collected and processed:
  • Account data (name, email address)
  • Travel data and travel dates
  • Chat histories with the AI
  • Travel journal entries
  • Cost data
  • Location data (GPS), if activated by the User
9.4 In the context of AI-powered features, user inputs are transmitted via the service OpenRouter to external AI model providers (e.g., Google). This constitutes a data transfer to third countries (including the USA). The transfer is based on the EU-US Data Privacy Framework (where applicable) or the Standard Contractual Clauses (SCCs) approved by the EU Commission pursuant to Art. 46(2)(c) GDPR. The Provider has concluded data processing agreements pursuant to Art. 28 GDPR with its service providers. Further information on the service providers used and the safeguards in place can be found in the Privacy Policy.
9.5 The User has the right to access, rectification, erasure, and restriction of processing of their personal data, as well as the right to data portability pursuant to Art. 20 GDPR. These rights may be exercised at any time by contacting the Provider at info@agencyfourtify.de.

10. Liability

10.1 The Provider bears unlimited liability for damages arising from injury to life, body, or health caused by a breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider.
10.2 The Provider bears unlimited liability for other damages caused by an intentional or grossly negligent breach of duty by the Provider or a legal representative or vicarious agent of the Provider.
10.3 In the event of slightly negligent breach of material contractual obligations (cardinal obligations), the Provider's liability is limited to the foreseeable, contract-typical damage. Material contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the User may regularly rely. In this case, liability is limited per incident to the amount paid by the User to the Provider in the twelve (12) months preceding the damaging event, but no less than EUR 100.
10.4 Beyond this, the Provider's liability is excluded.
10.5 Special Notice Regarding AI-Generated Content: The Provider shall not be liable for damages arising from the User's unverified reliance on AI-generated content (travel suggestions, recommendations, information). This applies in particular to incorrect, outdated, or incomplete information regarding places, opening hours, prices, safety notices, entry requirements, or weather conditions. This limitation of liability applies only to the extent it is consistent with the provisions of Sections 10.1 to 10.3; liability under Sections 10.1 to 10.3 remains unaffected in all cases.
10.6 The above exclusions and limitations of liability also apply in favor of the Provider's legal representatives, employees, and vicarious agents.
10.7 Liability under the German Product Liability Act remains unaffected.

11. Term and Termination

11.1 The contract for the free basic version is concluded for an indefinite period and may be terminated by either party at any time without giving reasons.
11.2 For paid subscriptions, the cancellation periods set forth in Section 4.4 apply.
11.3 The right to extraordinary termination for good cause is reserved for both parties. Good cause exists for the Provider in particular if the User repeatedly or seriously violates these Terms.
11.4 Upon termination of the contract, the user account will be deactivated. The User may export their data before termination. The Provider shall make an export function available within the Service or enable the export upon request by email to info@agencyfourtify.de. The right to data portability pursuant to Art. 20 GDPR exists independently of any export function integrated into the Service. After a reasonable period of 30 days following deactivation, user data will be deleted, unless statutory retention obligations apply.

12. Platform-Specific Provisions

12.1 Insofar as the Service is obtained through the Apple App Store or Google Play Store, the respective terms of use of these platforms apply in addition.
12.2 Apple Inc. and Google LLC are not contracting parties to these Terms and are not responsible for the Service or its content.
12.3 Claims in relation to the Service are to be asserted exclusively against the Provider and not against Apple Inc. or Google LLC.

13. Dispute Resolution

13.1 The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. Our email address is: info@agencyfourtify.de.
13.2 The Provider is, pursuant to Section 36(1) No. 1 of the German Consumer Dispute Resolution Act (VSBG), neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

14. Final Provisions

14.1 The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as mandatory provisions of the law of the state in which the consumer has their habitual residence do not afford greater protection.
14.2 To the extent permitted by law, the place of jurisdiction for all disputes arising from or in connection with these Terms is Heiligenhaus. For consumers, the statutory place of jurisdiction applies.
14.3 Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the relevant statutory provision (Section 306(2) BGB).
14.4 Communication between the Provider and the User generally takes place electronically (email, in-app notifications).

Appendix A: Withdrawal Instructions

Right of Withdrawal

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

The withdrawal period is fourteen days from the day of the conclusion of the contract.

For contracts with a preceding free trial period, the withdrawal period begins on the day the contract is concluded, i.e. with the start of the trial period.

To exercise the right of withdrawal, you must inform us — Agency Fourtify UG (haftungsbeschränkt), Dürerstraße 38, 42579 Heiligenhaus, Germany, email: info@agencyfourtify.de — of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form (Appendix B) for this purpose, but it is not obligatory.

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 shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We shall carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your exercise of the right of withdrawal from this contract, in comparison with the full coverage of the contract.

Appendix B: Model Withdrawal Form

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

Agency Fourtify UG (haftungsbeschränkt) Dürerstraße 38 42579 Heiligenhaus, Germany Email: info@agencyfourtify.de

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): _________________________________________________ Date: _________________________________________________ Signature of consumer(s) (only if this form is notified on paper): _________________________________________________ (*) Delete as appropriate.