Terms and Conditions — PushGate

Unofficial English translation for your convenience. The German version (AGB) is the legally binding version; in case of any discrepancy between the language versions, the German version prevails (§ 13 (5)).

Last updated: 28 August 2026

§ 1 Scope, provider

(1) These terms govern the use of the "PushGate" app (iOS and Android), offered by Raphael Stedler, Martin-Opitz-Straße 22, 13357 Berlin (see Legal Notice).

(2) These terms govern the use of the app. For the purchase of subscriptions through the Apple App Store or Google Play, the respective platform's terms apply in addition (§ 4). Mandatory statutory rights of the user, in particular consumer rights, remain unaffected by these terms.

§ 2 Description of services

(1) PushGate is an app that temporarily blocks access to other apps, domains, or categories selected by the user, until a number of repetitions of a physical exercise set by the user has been completed. Detection is camera-based and takes place exclusively locally on the user's device.

(2) PushGate is not a medical device, not a fitness training plan, and does not replace medical or physiotherapeutic advice. Use of the training function is at the user's own risk.

(3) The blocking function relies on the operating system's built-in mechanisms (Accessibility Service on Android, Family Controls framework on iOS). The effectiveness of the blocking depends on these system functions and the respective device configuration.

(4) System requirements: use requires a device running iOS 17 or Android 8 (API 26) respectively, a front-facing camera, and an internet connection for account creation and synchronization.

§ 3 Registration, conclusion of contract, minimum age

(1) Use requires an account. The usage agreement for the free basic scope is concluded upon completion of registration. Use requires a minimum age of 16 years.

(2) Concluding a paid subscription requires the user to be of legal age. Minors may only conclude a subscription with the consent of their legal guardians, for example via the family sharing functions of the respective app platform.

(3) The user is obliged to provide truthful information upon registration and to keep their access password confidential.

(4) The contract text (these terms) is linked within the app and permanently available on our website; beyond that, we do not store the contract text. The language of the contract is German.

§ 4 Prices, payment, contract term

(1) The app can be used with a free basic scope and, optionally, a paid subscription. Current prices are shown before purchase in the App Store or Google Play Store.

(2) When purchased through the Apple App Store, the purchase agreement for the subscription is concluded between the user and Apple; we are not a party to this transaction. Apple's terms of use apply with priority in this respect, in particular regarding term, automatic renewal, price changes, and payment processing.

(3) When purchased through Google Play, the purchase agreement for the subscription is concluded between the user and us; Google Play processes the order and payment. Term, automatic renewal, and price are shown to the user before purchase during the ordering process; payment processing is governed by Google Play's payment terms.

(4) Cancellation/management of the subscription is done through the account settings of the respective app store (Apple: Settings → [Name] → Subscriptions; Google: Play Store → Payments & subscriptions). We also link instructions within the app.

§ 5 Right of withdrawal

(1) Consumers habitually resident in the European Union or the United Kingdom have a statutory right of withdrawal for distance contracts. In other countries, any right of return or withdrawal is governed by the law applicable there or by Apple's or Google's terms.

(2) For subscriptions concluded through the Apple App Store (contracting party: Apple, § 4 (2)), the existence and exercise of the right of withdrawal are governed by Apple's withdrawal notice during the purchase process.

(3) For contracts concluded with us (usage agreement for the app, as well as subscriptions via Google Play, § 4 (3)), the following withdrawal notice applies:

Withdrawal Notice

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire fourteen days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Raphael Stedler, Martin-Opitz-Straße 22, 13357 Berlin, email: kontakt@pushgate.app) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, although it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects 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 about your decision to withdraw from this contract. We will use 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 service should begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

— End of withdrawal notice —

(4) The right of withdrawal expires prematurely if we have fully performed the service and have begun performance only after you gave your express consent and at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract (§ 356 (4) of the German Civil Code, BGB).

Model Withdrawal Form

(If you want to withdraw from the contract, please fill in this form and send it back.)

— To Raphael Stedler, Martin-Opitz-Straße 22, 13357 Berlin, email: kontakt@pushgate.app:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the purchase of the following goods (*)/the provision of the following service (*)
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— Date
(*) Delete as appropriate.

§ 6 Rights of use, prohibitions

(1) We grant the user a simple, non-transferable right to use the app within the scope of its intended function.

(2) In particular, the following are prohibited: reverse engineering of the counting/detection logic beyond the extent mandatorily permitted by law, the use of automation, recordings, or dummies to simulate repetitions to the counting function, and any use that violates applicable law or the terms of the respective app platform.

§ 7 Availability, changes

(1) We strive for high availability of the app but do not guarantee uninterrupted usability, in particular not for functions that depend on the availability of Supabase, Apple, or Google services.

(2) We may change the app beyond what is required to maintain contractual conformity if a justified reason requires this (in particular adaptation to a new technical environment or changed system requirements, security reasons, or changed legal requirements), the user does not incur any additional costs as a result of the change, and the user is informed clearly and comprehensibly about the change. If a change impairs the user's access to or usability of the app more than insignificantly, we will inform the user in text form in good time in advance about the features and timing of the change and about the user's right to terminate the contract free of charge within 30 days in that case (§ 327r BGB).

§ 8 Updates

(1) During the period of provision, we provide updates that are necessary to maintain the contractual conformity of the app (in particular security updates) and inform the user about their availability (§ 327f BGB).

(2) If the user does not install a provided update within a reasonable period, although we have informed the user about its availability and the consequences of not installing it and the installation instructions are correct, we are not liable for a defect that is solely attributable to the absence of that update.

§ 9 Liability

(1) We are liable without limitation for intent and gross negligence, under the German Product Liability Act, and for injury to life, body, or health.

(2) For slightly negligent breach of a material contractual obligation — i.e. an obligation whose fulfillment is essential for the proper performance of the contract and on whose observance the user may regularly rely — liability is limited to the damage typically foreseeable for this type of contract. Beyond that, liability for slight negligence is excluded.

(3) Paragraph 1 remains unaffected. Otherwise, we are not liable for injuries occurring during the performance of the training exercise (e.g. due to incorrect execution, unsuitable surface, or the user's pre-existing health conditions), unless attributable to a fault of the app for which we are responsible.

§ 10 Blocking, termination by us

(1) We may block access if there are concrete indications that the user is violating § 6 (2) (in particular manipulation of the counting function) or is otherwise misusing the app. Before blocking, we will warn the user and give them an opportunity to respond; blocking without notice is only possible in serious cases requiring immediate action. Blocking shall be limited to what is necessary.

(2) If a blocking turns out to be unjustified, we will lift it without undue delay; for the period of an unjustified blocking of a paid subscription, we will refund or credit the user the corresponding proportionate fee.

§ 11 Data protection

Information on the processing of personal data can be found in our Privacy Policy.

§ 12 Changes to these terms

(1) We may change these terms insofar as this is necessary due to a change in the legal situation or in supreme court case law, to close security gaps, or to adapt to an expanded scope of functions, and provided the balance between performance and consideration is not shifted to the user's disadvantage.

(2) We will notify the user of changes under paragraph 1 at least six weeks before they are due to take effect, in text form (e.g. in-app notice or email). If the user does not object within this period, the amended terms are deemed accepted; we will separately point out the deadline, the right to object, and the significance of silence in the notification. If the user objects, either party may terminate the usage agreement as of the date the change was due to take effect.

(3) All other changes to these terms require the user's consent.

§ 13 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection provisions of the state in which the consumer has their habitual residence remain unaffected.

(2) No choice-of-forum agreement is made vis-à-vis consumers; the statutory place of jurisdiction applies.

(3) Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.

(4) The app is not intended for distribution in countries subject to trade or economic sanctions of the European Union, the United States, or the United Nations. Persons resident in such a country, or otherwise subject to such sanctions, may not use the app.

(5) These terms are also available in a German version. In the event of any discrepancy between the language versions, the German version prevails.