§ 1 Provider of the App and the Website
The Provider of the App and Partner to the Agreement is
Phone no.: 089 38665790
Fax: 069 170776819
§ 2 Subject matter of the agreement
(3) System requirements on part of the User:
Currently following are supported: iPhone 4- 5, 6, 7 8 , iPad as well as Windows 7+, IE 9+, Mac OS X Version 10.0 + and iOS 8+.
§ 3 Authorisation for use
Using the complete App and the Website requires the registration of the User. A registration is only permitted if the User is of full age and if he has unrestricted legal capacity. Minors are not allowed to register.
§ 4 Registration and conclusion of the agreement
(1) A registration in the App or on the Website of the Provider is required for using the service. It is a requirement for the registration that the User has an account or a profile with one of the social networks like facebook, Twitter, LinkedIn or vk.com („social media account“) or registration via Email.
(2) The User may select, through which social media account he wishes to make his registration. By using the social media account, the User is enabled to run through a simplified authentication with the Provider by using his deposited information. Such information is sent to the Provider during the registration process, and it will be deposited in the user profile of the User. Following the registration, the User may add other data to his user profile or correct existing data (like for instance the date of birth or the name of the country) himself.
§ 5 Creating a user profile
(2) The Provider does not perform any identity check of the owner of the profile and of the details stated in the profile. That is why, the Provider does not warrant that the owner of the profile is actually the person, who impersonates the owner of the profile.
§ 6 Licence
(1) When using the service, the User is not allowed to copy, to translate, to disassemble, to decompile, to reverse assemble or otherwise modify any parts of the service, unless otherwise permitted under this Agreement or according to applicable law.
(2) In addition, the User is not allowed to leave the service to a third party, in particular not to sub-licence, to licence, to sell, to lease, to let, to outsource, or to provide it otherwise.
§ 7 Purchase of MindZips
(1) The User may purchase MindZips offered in the App. In order to purchase, the User may register through social media account, make an in-app purchase of coins or the purchase price of the respective direct MindZips through the AppStore. If the User choses to make an in-app purchase, he will be prompted to enter his Apple ID (Password or the Touch ID) and his iTunes account will be charged for the in-app purchase in accordance with the terms disclosed to him at the time of purchase as well as the general terms for in- app purchases that apply to his iTunes account.
(2) Once the User has bought coins or the direct purchase of the respective MindZips and selected an MindZips, he is required to expicitely confirm the purchase of the selected MindZips in a pop up by confirming the price i.e. the coins that will be charged. At this stage, the User may cancel the purchase process of selected MindZips.
(2) Available contract languages are German and English.
§8 Right of revocation
Legal right of revocation & revocation form
Right of revocation
The User has the right to revoke this contract within 14 days without specification.
The revocation period lasts 14 days after you signed up.
To make use of your right of revocation, you must inform us, MindZip.net GmbH, Siegfriedstraße 8, 80803 München, Phone no.: 089 38665790, Fax no.: 069 170776819, Email: help@ mindzip.net about your decision to revoke this contract by means of an explicit declaration. To revoke you may use this revocation form.
To meet the revocation term, it is sufficient that you send your notice concerning the exercise of the revocation right before the expiration of the revocation term.
Consequences of revocation
If you revoke this contract, all payments that we have obtained from you will be refunded immediately and at the latest within fourteen days from the day of receipt of your revocation notice, including the delivery costs ( excluding the additional costs resulting from the choice of another type of delivery than offered standard delivery). For refund we will use the same means of payment, than you have used in the original transaction unless otherwise agreed; on no account will fees be invoiced to you due to refund.
Sample revocation form
(If you want to revoke the contract, please complete this form and send it back to us)
- To: MindZip GmbH, Siegfriedstraße 8, 80803 München, Phone no.: 089 38665790, Fax No.: 069 170776819, Email: firstname.lastname@example.org
- I/We give notice that I/ we (*) withdraw from my/ our (*) contract of purchase of the following goods/ provision (*) of the following service (*)
-Ordered on (*)/received on (*) ____________________________
-Name of the Consumer(s) ____________________________
-Address of the Consumer(s) ____________________________
Signature of the Consumer (s)
(only for notice on paper)
(*) Delete as applicable.
§ 9 Exclusion of revocation
The right of revocation expires in case of a contract for the delivery of MindZips (as not located on a tangible medium digital content) when the Provider makes MindZips available and the User starts opening MindZip, after the User
1. has explicitly confirmed, that the Provider starts with the usage before the expiration of the revocation term, and
2. has confirmed being aware that he loses his right of revocation and gives his approval with the beginning of the usage.
§ 10 The User’s responsibilities and his duties to cooperate
(1) The User is responsible for connecting the App or the Website, including the Internet connection and the necessary technical requirements.
(2) The User is responsible himself for entering his data into the App or the website, and for managing his data.
(3) The User is not entitled to pass his login details to a third party. The User is committed to handle his login details carefully and to prevent such details from being misused by a third party. If there is reason to suspect that the login details have been disclosed to unauthorised persons, the User should change the login details immediately.
(4) The identification of the App and the Website, particularly copyright marks, marks, serial numbers, and similar should not be removed, modified, or defaced.
§ 11 Forbidden activities of the User
– All offering and promoting of contents, services and/or products against consideration, both the User’s own and such of a third party to be precise;
– All offering, promoting, and performing of activities of commercial background like competitions, drawing of lots, barter deals, adverts, or pyramid sales systems; and
– Any collecting (electronically or otherwise) of identity and/or contact data (including e-mail addresses) of users (e.g. for sending unsolicited e-mails).
(2) The User is not allowed to make any activities on or in connection with the App that infringe applicable law, violate third party rights, or that are in breach of the principles of the protection of young people.
The User shall in particular undertake to inform himself about the admissibility of MindZips of copyright protected works and to create MindZips accordingly (see also § 12 recommendations for creation of MindZips).
The User is particularly not allowed to carry out the following acts:
– Placing, distributing, offering, and promoting pornographic contents that are in breach of youth protection acts, data protection law and/or of any other law, and/or fraudulent contents, services and/or products;
– Using contents, by which other users or third parties are being offended or slandered;
– Storing and/or making available publicly or distributing contents, the duplicating, providing, publishing, or using of which is in breach of applicable law or third party rights.
The User does particularly assure that he possesses the required rights of use (in particular copyrights, trademark rights, and ancillary copyrights).
(3) Furthermore, the User is not allowed (irrespective of any breach of law when placing own contents into the App and the Website and when communicating with other participants) to make the following activities:
– Distributing viruses, trojans, and other harmful files;
– Sending junk or spam mails as well as chain letters;
– Distributing suggestive, offensive, sexually formative, obscene or defamatory contents or communication as well as such contents or communication that is likely to promote or to support racism, fanaticism, hatred, physical violence, or illegal actions (express or implied in each case);
– Pestering other users, for instance by repeatedly contacting them personally without or contrary to the response of the other user, and by promoting or supporting such pestering;
– Requesting other users to reveal passwords or personal data for commercial, illegal, or unlawful purposes;
– Distributing and/or reproducing publicly contents that are available in the App, unless the respective author does allow this to the User expressly, or if such are provided as a functionality on the portal explicitly.
(4) The User is not allowed to carry out any act that is likely to encroach on the operation of the App and the Website either.
(5) If the User shall become aware of any illegal, improper, contrary to contract, or any other unauthorised use of the App or the Website, the User can report this to the Provider in the App via the exclamation mark button and specify there the reason for his report. The Provider shall then verify the process and implement reasonable steps should the occasion arise.
§12 Recommendation for the creation of MindZips; No-Gos
§ 13 Blocking
(1) Irrespective of, that a good cause for termination (§ 19) is present, the Provider may even at his due discretion by considering the interests of the User and the seriousness of the violation impose the following sanctions on the User irrespective of a notice:
- Deleting contents that the User has placed into the App or the Website;
- Blocking the access to the App and the Website or to individual contents temporarily; and/or
- Blocking the user profile temporarily so that other users do not have access to it.
(2) Besides, if a good cause for termination (§ 19) is present, the Provider may
- delete contents that the User has placed into the App permanently;
- block the access to the App and the Website or to individual contents permanently; and/or
- block the user profile permanently so that other users do not have access to it.
§ 14 Placing of own contents; right of use
(1) The User may create own objects for Enjoys, Goals, and Habits by taking pictures or uploading them from a photo album, and by adding texts (e.g. captures or descriptions) to them. The User may even publish such objects. Thus, they are accessible to other users, and they may accept them as Enjoys, Goals, and Habits. The User consents to that the objects cannot be changed or deleted after he has published them.
(2) The User grants the Provider the non-exclusive and inalienable right (unlimited in time and space) in the contents that the User has published in the App or on the Website to make such contents publicly accessible, particularly to duplicate and to transmit them, as well as to be allowed to duplicate them for the purpose of data backup.
(3) The User grants the Provider the non-exclusive, inalienable, and worldwide right (limited to the term of the licence agreement) in the other contents that the User has created in the App or on the Website, to be allowed to make the contents that he has put in the App and on the Website accessible in accordance with the access authorisation set by the User in case of inquiries over the Internet, particularly to duplicate and to transmit them, as well as to be allowed to duplicate them for the purpose of data backup.
§ 15 Warranty
§ 16 Liability
(1) The Provider is liable within the limits imposed by the legal provisions for damages (unlimited in each case)
(a) arising from an injury to life, body, or health, which are based on wilful or negligent breach of duty or on the otherwise wilful or negligent conduct of the Provider or that of one of his legal representatives or vicarious agents;
(b) which are based on wilful or gross negligent breach of duty or on the otherwise wilful or negligent conduct of the Provider or that of one of his legal representatives or vicarious agents.
(2) The Provider is liable (limited to the compensation for damages foreseeable and typical for that type of contract) for such damages that are based on a slightly negligent breach of material duties by the Provider or that of one of his legal representatives or vicarious agents. Material duties are duties, the fulfilment of which makes the proper implementation of the contract possible at all, and on the compliance of which the User may rely on.
(3) The absolute liability of the Provider according to § 536 a Para. 1, 1 st Alternative BGB (German Civil Code) for defects that are present already at the time the agreement is made is hereby excluded.
(4) The Provider is liable for data loss caused simply negligently only for such damage that would have occurred too at a proper and regular data backup made by the User reasonable for such type of data; such limitation shall not apply if the data backup was prevented or impossible for reasons within the Provider’s control.
(5) The above provisions do apply mutatis mutandis also to the liability of the Provider with regard to the compensation for futile expenses.
(6) The liability under the Product Liability Act shall remain unaffected.
§ 17 Indemnity of the Provider
The User shall hold the Provider harmless at first request against any third-party claims, which they assert because of or in connection with the User using the App and the Website culpably out of existing trademark, registered design, utility model, and patent rights, copyrights and/or other intangible property rights or in particular for the invasion of personal privacy or for the breach of statutory prohibitions. The User shall bear the costs that may accrue to the Provider for a reasonable defence and/or for bringing an action against a third party.
If the User makes out or should make out that such breach is approaching, he shall be obliged to inform the Provider immediately.
§ 18 Data protection
The Provider’s deposited Data Privacy Statement shall apply to data protection. This Statement is available to the User in his user account.
§ 19 Term and termination of use
This Agreement is made for an unlimited period.
The User may terminate the using of the App and so this Agreement by deleting the App. Thus, the Provider shall be entitled to delete all data and contents that have come into existence as part of the use by the User irretrievably.
The Provider may terminate this Agreement at the end of each month with a notice of 5 (five) days. The Provider may give the notice by e-mail. Thus, the Provider shall be entitled on the first day of the months following that month to delete all data and contents, which have come into existence as part of the use by the User irretrievably.
The right of both Parties to terminate this Agreement for good cause shall remain unaffected. A good cause does particularly exist for the Provider if the User:
- does not comply with legal provisions;
- does damage the Provider or other users and/or he does threaten or prevent the undisturbed operation of the App and the Website.
§ 21 Final provisions
(1) All agreements between the Parties are included in this contractual document including the referred documents. There are no further going agreements.
Amendments and su to this Agreement require the written form. The same does apply to amending or cancelling this Clause.
(2) This Agreement shall be governed by German law by excluding the United Nations Convention on Contracts for the International Sale of Goods.
As on: April 17th 2018