Terms of use for the beta version of the SmartAIs app

Status: 05 February 2026

Below you will find the SmartAIs Terms of Use for the test version of the app providing orientation assistance for the detection of environmental objects.

1. Type and Scope of the Services

The app provides orientation assistance for detecting and describing, as well as guiding the user to, environmental objects by means of haptic information on the smartphone. It is intended to help the user gain a better understanding of their surroundings. The app offers one function with three possible modes of use:

- A general description of the environment.

- An environmental description with spatial information. Objects, texts, and orientation points in the environment are described with approximate distance and direction information so that users can better orient themselves—for example: “The entrance is at 10 o’clock, approximately 6 meters away.” In addition, the app detects text in the environment, such as house numbers, signs, or labels, and reads them aloud.

- Guidance to requested objects, texts, and orientation points. Please note that testers are not informed about any obstacles or other objects on the way to the target object.

The app is provided free of charge and exclusively for testing purposes and is in a stage of development. The user is expressly advised to use the app only as a supporting aid and not to rely exclusively on the information provided.

We explicitly recommend paying particular attention to Chapters 3, “Warning: Risks due to the current functionality and limitations of the app,” and 4, “Careful use by the user, principle of personal responsibility.”

2. Formation of the User Agreement, Registration

(1) By using the SmartAIs app, the user declares their consent to the following General Terms of Use and the SmartAIs Privacy Policy.

(2) Registration is required to use the app. The following access data must be provided (hereinafter referred to as “mandatory data”): email address and first name. Each user may register only once and may create only one user profile. The user shall keep their access data confidential and shall not pass it on to third parties.

(3) There is no legal entitlement to registration as a user of SmartAIs services. SmartAIs therefore reserves the right to reject an application for registration by notifying the user accordingly, without stating reasons.

(4) By successfully completing the initial registration process, the user agrees to both the privacy information and the terms of use. SmartAIs will then enable the SmartAIs services for the user.

(5) If the registration process is not completed in full, SmartAIs is entitled to irreversibly delete the incompletely registered account, including all information provided by the user up to that point.

(6) The user warrants that all activities associated with their profile within the services are authentic activities carried out by them. The services are intended exclusively for the user’s personal use and not for commercial purposes. The user may not modify, copy, distribute, transmit, display, perform, reproduce, publish, or license the services or any works derived therefrom. The user is also prohibited from creating derivative works or transferring or selling parts of the services, the use of the services, or access to content for commercial purposes.

(7) The user is solely responsible for maintaining the confidentiality of the password associated with their profile and for restricting access to it as well as to their mobile phone while logged into the services. The user assumes responsibility for all activities that occur on their profile and on their mobile devices. The user undertakes to inform SmartAIs immediately of any unauthorized use of their profile or password or other security breaches. For security reasons, the use of unique and complex passwords is recommended.

3. Warning: Risks and Limitations

The app is in a stage of development and may not always reliably recognize objects, texts, and orientation points.

It uses AI-based image processing methods to analyze the environment. In doing so, images captured by the smartphone camera are transmitted to an AI model which detects objects in the environment and estimates their approximate distances and directions.

IMPORTANT NOTICE: Since this technology is not error-free, the app may output incorrect or imprecise information. In particular, it may happen that:

vibrations, directions, or distances are incorrect or imprecise,
objects are incorrectly recognized, not recognized, or confused,
voice commands are misunderstood, resulting in incorrect objects being described or targeted.

In addition, incorrect information may occur, for example due to unfavorable lighting conditions such as strong backlighting, very dark environments, or adverse weather conditions (e.g., snow and rain), which can significantly impair recognition accuracy.

Distance and position information and guidance to requested objects are only provided if the relevant objects are within the camera’s field of view. If the objects are not within the field of view, the user will be instructed to find the requested objects by capturing a new image. The app does not include an obstacle detection function. For the “last meters navigation” function, the user always depends on their own senses and aids such as a white cane.

We also point out that the app is not a medical device and therefore is not subject to the specific and extended quality and safety requirements for medical devices.

IMPORTANT NOTICE: When guiding to objects, the responsible assessment of the environment and thus safe movement always remains with the user. The app merely serves as an additional orientation aid and does not detect obstacles on the way to the objects. The user is responsible for recognizing and avoiding obstacles in time and for using additional aids (e.g., a white cane). See also in detail Chapter 4, “Careful use by the user, principle of personal responsibility.”

IMPORTANT NOTICE: Before moving, the user must always independently verify that the intended path is safe and walkable. This includes, in particular, checking whether the surface is a pedestrian walkway and not a roadway. The user must rely on their own senses and proven mobility aids such as the white cane, the app cannot make this assessment.

When describing the environment, incorrect or imprecise information regarding distance, position, or orientation of objects may occur.

Further malfunctions or app crashes are possible.

4. Careful Use by the User, Principle of Personal Responsibility

(1) The user expressly acknowledges that the test version of the app provided by SmartAIs is not designed as a primary navigation aid and may only be used as a supplementary tool alongside established orientation aids (e.g., a white cane). The user is aware that the app is only supportive. In particular, the following points must be observed:

Own perception and white cane: The user must primarily rely on their own senses and their white cane and not solely on the app when assessing whether an environmental object is in front of them and whether the area they intend to walk is safe.
Verification of walkability of surfaces: The user must independently ensure that the surface is walkable and safe. The app cannot determine whether the user is on a pedestrian walkway, a roadway, or any other unsafe surface. This assessment is solely the responsibility of the user, using their own senses and mobility aids such as the white cane.
Area of use: It is the user’s responsibility to ensure that the path ahead is safe to pass. The app can be used both indoors and outdoors, subject to the limitations described in Section 3.
Crossing streets: The user must not use the app for recognizing traffic light colors or for crossing streets, as it does not provide reliable support in such situations. Caution—risk of accident!
Compatibility: The user may only test the app with an iPhone starting from iPhone 7 generation (note: for iPhone models without a LiDAR sensor, larger deviations in distance information may occur, as in these cases distances are calculated by AI).

(2) The decision as to whether a usage situation is suitable—taking into account the above points, the user’s individual abilities and state of health, as well as prevailing weather and lighting conditions—lies solely with the user. Accordingly, SmartAIs assumes no warranty that:

a) information about objects, texts, and orientation points and the current location is error-free,

b) the technical requirements (e.g., correct alignment of the smartphone, volume of audio output) are ensured at all times.

(3) The user expressly acknowledges that the app is still in a stage of development and may therefore be subject to technical limitations, unexpected malfunctions, and temporary disruptions. To the extent permitted by law, SmartAIs provides no warranty for uninterrupted, error-free functionality of the app or functionality that fully meets the defined purpose of use.

(4) The provisions on SmartAIs’ liability set out under Section 5 below remain unaffected by the preceding provisions of this Section 4.

5. Liability of SmartAIs

(1) or damages incurred by a user due to a slightly negligent breach of duty attributable to SmartAIs, SmartAIs shall be liable only insofar as such damages are foreseeable in light of the nature of the service and are typical for the contract, and were caused directly by the breach of duty. In particular, liability for data loss is limited to the typical recovery effort that would have occurred with regular backups appropriate to the risk.

(2) If the slightly negligent breached duty is not of essential importance for achieving the contractual purpose, SmartAIs’ liability is excluded.

The limitations of liability set out in Section 5(1) above also apply to any claims by the user for reimbursement of expenses incurred in reliance on receiving contractual performance and which the user reasonably considered necessary.

(3) SmartAIs shall be liable without limitation for damages resulting from injury to life, body, or health that are based on an intentional or grossly negligent breach of duty by SmartAIs. SmartAIs shall also be liable without limitation for other damages caused by intentional or grossly negligent breaches of duty or fraudulent intent by SmartAIs. In addition, unlimited liability exists for damages that may not be excluded under mandatory statutory provisions, as well as in the event SmartAIs has expressly assumed a guarantee.

(4) Unless otherwise provided by the above provisions of this Section 5, any liability of SmartAIs—regardless of the legal basis—is excluded.

6. Ownership of and Use of Content

(1) The user owns the information, data, sounds, photos, videos, messages, tags, or other materials that they provide in connection with the services via the app (“Content”) and that are processed in the app by the device.

(2) The user grants SmartAIs a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, reproduce, process, adapt, translate, publicly perform, display, or create derivative works from the content transmitted by the user in connection with the app for the purpose of providing and improving the services as well as developing future products and services of SmartAIs, in all existing and future media formats. No remuneration will be paid. The license ends upon termination of the contract or deletion of the profile by the user.

(3) If the user’s content violates these Terms of Use or is otherwise illegal or violates applicable law, the user may bear legal responsibility for such content.

7. Confidentiality

(1) The user undertakes to treat as confidential non-public, sensitive technical information about the test version of the app, in particular technical details and test results, and not to disclose such information to third parties without prior written consent from SmartAIs. This does not apply to general user experiences or opinions about the app. The confidentiality obligation applies in particular to information whose disclosure could give competitors insights into the app’s functionality or ongoing tests.

(2) In the event of breaches of this confidentiality clause, SmartAIs reserves the right to take legal action, including claims for damages.

(3) The confidentiality obligation shall remain in effect for a period of six months after termination of the contract.

8. Temporary Suspension of a User

(1) If SmartAIs has concrete indications of unlawful conduct by a user, in particular violations of these General Terms of Use, SmartAIs is entitled, after prior notice, to temporarily exclude the user from using the app until the allegations have been conclusively clarified.

9. Changes to Terms and Services

SmartAIs reserves the right to amend these Terms of Use if there is an objective reason for doing so and the amendments are reasonable taking into account the user’s interests. Objective reasons exist in particular in the event of:

changes in the legal situation or rulings by the highest courts,
adaptations to technical or security-related requirements,
extensions or adjustments of the services offered, provided that no material contractual obligations are restricted as a result.

SmartAIs will inform the user in text form (e.g., by email or in-app notice) of the amendments at least six (6) weeks before the amended Terms of Use take effect.

If the user does not object to the applicability of the amended Terms of Use within six (6) weeks after receipt of the amendment notice, the amendments shall be deemed accepted.

SmartAIs will expressly inform the user in the amendment notice of the right to object, the deadline, and the legal consequences of failing to object.

Amendments that do not merely insignificantly disadvantage the user give rise to a special right of termination at the time the amendment takes effect.

2. Declarations in Text Form

Unless a stricter form is required by law, declarations by the user to SmartAIs may be made in text form, in particular by email to hallo(at)smartAIs.de.

SmartAIs is entitled to send declarations to the user in text form to the email address stored by the user in the user account.

3. Changes, Updates, and Further Development of the Services

SmartAIs is entitled to modify, further develop, or improve the services, including the mobile application, by means of updates, insofar as this is necessary to maintain contractual compliance of the services, close security gaps, comply with legal requirements, or provide new or improved functions.

Such changes must not result in additional costs for the user or materially restrict the main function of the services agreed in the contract.

4. Discontinuation of Individual Functions or the Entire Services

SmartAIs reserves the right to discontinue individual functions or the services as a whole for good cause, in particular if operation is no longer possible for technical or security-related reasons, if legal or regulatory requirements prevent operation, or if operation is economically unreasonable.

In this case, SmartAIs will inform the user in good time before discontinuation.

If discontinuation substantially impairs the use of the services, the user is entitled to terminate the contract free of charge with effect from the time of discontinuation.

5. Liability

SmartAIs’ liability for changes, interruptions, or discontinuation of the services within the meaning of this chapter is governed by statutory provisions and is generally subject to the same limitations as described above in Chapter 5. Liability for damages resulting from injury to life, body, or health as well as for intent and gross negligence remains unaffected.

10. Final Provisions

(1) The user agrees that no joint venture, partnership, joint control, employment relationship, or agency relationship arises between them and SmartAIs as a result of these Terms of Use.

(2) The term SmartAIs and the SmartAIs logo are exclusive trademarks and property of SmartAIs. The user may not use or display these trademarks in any manner without prior written consent from SmartAIs.

(3) These Terms of Use constitute the entire agreement between the user and SmartAIs regarding the use of the app. Failure by SmartAIs to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision.

(4) The user may not assign, delegate, or otherwise transfer their account or obligations under these Terms without prior written consent from SmartAIs.

(5) Should individual provisions of these Terms be or become invalid, this shall not affect the validity of the remaining provisions.

(6) Place of performance is the registered office of SmartAIs. The place of jurisdiction for merchants within the meaning of the German Commercial Code (HGB) is the registered office of SmartAIs.

(7) German law shall apply, excluding the rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG) as incorporated into German law.