Terms and Conditions
The following Terms and Conditions set forth the legal framework for the use of the Mindance Website (https://mindance.de) and the Mindance App.
Therefore, please read these Terms and Conditions carefully. Status: 30.11.2021
1. Scope of application
1.1 Contracting party and subject matter of the contract
These General Terms and Conditions form the basis for the user agreement that comes into effect between you and us, Mindance GmbH, Flottwellstr. 4-5, 10785 Berlin (hereinafter referred to as "us" or "we"). The subject matter of the contract is the free or paid use of the services offered by us via the website https://mindance.de or Mindance App (hereinafter "Mindance Service" or collectively "Mindance Services" or generally "Mindance").
1.2 Supplementary Terms
We reserve the right to agree on supplementary terms and conditions for individual Mindance services. We will point this out to you in each case prior to use.
If you access the Mindance Services via the Mindance App and have downloaded the Mindance App from the app store of a third party, the terms and conditions of use of the respective store provider shall apply additionally. In the case of the iTunes Store, for example, these are the "End User License Agreement for Licensed Applications" (to be found at http://www.apple.com/legal/internet-services/itunes/ww/), and for Google Play you can find the Terms of Use at https://play.google.com/intl/de_de/about/play-terms.html, for example. Please be sure to check the terms of use that apply to your country.
In case of contradictions, these terms of use take precedence.
2. Health Conditions
Patients with pre-existing mental or physical conditions should consult with their physician or therapist before using Mindance or participating in the prevention programs offered by Mindance. Mindance or the prevention programs offered are in no way a substitute for required medical or therapeutic care. In the case of mental illness requiring severe treatment, participation in the course is not possible under any circumstances, even after consultation with a physician.
2.1 Further Restrictions
Have you not yet had any experience with meditation and are you currently in the midst of a life upheaval? Is there an acute danger of alcohol or drug abuse? If you have a mental illness that requires severe treatment, these are absolute exclusion criteria. If one or more of the other restrictions mentioned above apply, then a physician or therapist should be consulted before participation in this course, who can decide on a case-specific and individual basis whether participation in the program is contraindicated. If, during participation, there are doubts about the answers to the previous questions or a strong feeling of discomfort, the course should be interrupted and continued only after clarification and with the accompaniment of professional support.
The use of Mindance services is at your own risk.
A good general health condition is a prerequisite for using Mindance services. If you have any known medical conditions, please seek medical advice before using Mindance Services. This is especially true if you suffer from mental illness.
3. Participation Requirements
To open a user account and use the Mindance services, you must be at least 18 years old and have full legal capacity.
By signing the contract, you assure us that you do not have another user account with us and that your user account has not been blocked in the past or deleted due to violations of our Terms of Use. In these cases, we will not conclude another or renewed user contract with you. In addition, you assure that all data transmitted within the scope of the registration are true and complete.
4 Conclusion of Contract and User Account
4.1 Registration Process
To use Mindance services, you must first register and open a user account. The opening of a user account is possible via the Mindance App. You will be asked to accept these Terms and Conditions and the Privacy Policy as part of the registration process. Alternatively, you can log in with your Facebook / Google account. In this case, the registration process is completed when you have entered the account details of your Facebook/Google account and then click on the "Confirm" field.
How the respective usage agreement comes about depends on how you register for the first time and whether you book additional paid services.
4.2
If you want to register via the Mindance app, the conclusion of the usage contract depends on the rules of the respective provider of the store. As a rule, the contract is concluded the moment you click on the install button in the respective store and enter your password. In order to use the Mindance Services, you must still open a user account using the Mindance App.
4.3 Conclusion of the Contract for Paid Subscriptions
You can activate additional services through a paid subscription. If you purchase the additional service via our website www.mindance.de, the contract is concluded when you click on the "Buy now" field or a similar field and successfully enter your payment information. If you purchase the Additional Service via your Mindance App, the subscription contract is concluded when you click on the "Buy now" field or a comparable field as part of an in-app purchase and enter your password for the respective app store, if this is required.
4.4 Conclusion of the contract via the website
If you create an account via our website as part of the "Use Mindance via your health insurance" program, this is associated with a contract conclusion that is subject to a fee. You pay a one-time amount that allows you to use the app for one year. This amount can be reimbursed up to 100% by your health insurance. In order to be reimbursed, you must complete 100% of our course, which is certified by the ZPP (Zentrale Prüfstelle für Prävention).
4.5 Correction of input errors
If you want to purchase a subscription via in-app purchase from your Mindance app, you pay for the service via the account with your app store provider. So please contact them if you want to correct any input errors.
5. Terms
5.1 User Contract
The user contract concluded between you and us with the opening of a user account is valid for an indefinite period of time. It ends when you delete and cancel the Mindance App.
5.2 Subscriptions
Our subscriptions have different minimum terms. They all renew automatically for the period of the selected minimum term until you or we cancel. Within the settings of your store provider, however, you can turn off the automatic renewal of the subscription at any time.
6. Right of Withdrawal
In some countries, you have a legal right of withdrawal, for example in the entire European Union. Whether this is the case, you can find out, for example, in the terms of use of the respective store provider. Please inform yourself there to what extent you are entitled to such rights. In the United States of America, for example, you have no right to withdraw.
If you have a legal right of withdrawal, we will inform you in the following how you can assert it and what a withdrawal means for you.
6.1 Cancellation Policy
If you have a legal right of revocation, it arises when you conclude a usage contract or a subscription contract with us.
Within fourteen days after the conclusion of the contract you can revoke your declaration of intent without giving any reason and the contract will be cancelled.
In order to exercise your right of withdrawal, you must clearly declare to us (e.g. by letter, fax, or e-mail) that you do not wish to adhere to the conclusion of the contract. For this purpose, you can use the attached sample cancellation form, but you do not have to. Any clear declaration is sufficient. If you make use of this option, we will confirm receipt of the revocation (e.g. by e-mail). To meet the cancellation deadline, it is sufficient if you send your cancellation before the end of the cancellation period. Please use the following contact details:
Mindance GmbH
Flottwellstr. 4-5
10785 berlin
or
Contact our support
6.2 Consequences of the Revocation
If you cancel the contract, the contract will be canceled. You will be reimbursed for any payments already made to us for the revoked contract. We will make this payment no later than fourteen days after receipt of your revocation. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount for the service already received. This is the pro rata amount of the total fee for the booked service up to the point in time when you declare your revocation.
6.3 Sample form for your Revocation
You can use the following cancellation form for your cancellation.
In any case, please make sure to tell us which Mindance service you want to revoke. Just send us an e-mail to Support. Your cancellation can be sent to us by mail at:
Mindance GmbH
Flottwellstr. 4-5
10785 berlin
You can copy the following text into an e-mail or print it out:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s)
Date
(*) delete as applicable
7 Termination of Contract
7.1 User Contract
You may delete your user account at any time and without giving reason and thus also terminate your user contract as a whole.
To do this, you must delete the Mindance app from your cell phone and send us an email to support so that we can delete your user data. Please note that after deleting your user account, all content and training services you have posted will be deleted or could be deleted by us, and you will no longer have access to content you have already purchased. If at the time of the deletion of your account, a subscription is still running, any amount already paid by you for this will not be refunded - not even proportionally.
We are entitled to terminate the user contract without giving reasons with a notice period of two weeks in text form, at the earliest, however, at the end of the minimum term or the respective extension period of your subscription.
7.2 Subscriptions
You may terminate the respective subscription without giving reasons at any time with effect from the end of the minimum term or the end of the respective renewal period. Subscriptions purchased in-app must be canceled in the settings of the respective store. If your subscription fee is collected via iTunes, we ask you, in deviation from the above, to observe a notice period of 24 hours to the end of the minimum term or to the end of the respective renewal period for technical reasons. After the cancellation of a subscription, your user account and other subscriptions will remain valid as long as you do not cancel them as well.
Cancellation of the current in-app subscription during the term is excluded.
Alternatively, you may cancel by sending an email to Support or by mail if you have subscribed via the Website.
We are entitled to terminate each subscription at the end of the minimum term or at the end of the respective renewal period with a notice period of two weeks in text form.
7.3 Termination for cause
Irrespective of the aforementioned provisions, the right to terminate for cause remains unaffected for both parties. In particular, we are entitled to terminate the user agreement or your subscription with immediate effect and to delete your user account if you seriously or repeatedly violate the provisions of the user agreement and/or these Terms and Conditions or are in default with your payment obligations despite a reminder.
8. Mindance Services
You can download and use the Mindance app for free. Access to your "coach" and the available techniques is part of a paid subscription. When downloading and using the Mindance App, especially on third-party networks or abroad, you may incur transmission costs from your internet access provider for this.
We make every effort to ensure the trouble-free operation of the Mindance services and to keep them available as long as possible. However, we would like to point out that complete or uninterrupted availability is not technically feasible and we therefore do not guarantee trouble-free operation or specific availability. Our applications are continuously updated and adapted. Among other things, this serves your security and the stability of our applications. As a result, system requirements may change under certain circumstances. We do not assume any obligation to permanently provide you with a functional application (e.g. Mindance App) for your end device if the operability on your end device is limited due to technical developments.
We reserve the right to change our business model at any time and, for example, to provide certain or all Mindance Services only against payment. You are free to decide whether to continue using the service for a fee or to terminate your subscription. Such an adjustment will have no effect on subscriptions already concluded until the end of the term. Mental health and sports science knowledge is constantly evolving. This can impact how a workout is evaluated. Even if we align our techniques with current studies and findings, we do not guarantee that they correspond to the latest research results or findings.
9. Rights and Obligations of the User
The Mindance Services are offered exclusively to consumers. You may not use the Mindance Services for commercial or other business purposes.
You may not transfer your user account to any third party and you are also not permitted to allow any third party to access or use the Mindance Services,
allow third parties to access or use the Mindance Services, e.g. an unspecified group of people by using the Services in public areas (such as cinemas, theaters, exhibitions, showrooms, hotels, bars, restaurants, or other public places)make the access data sent or used for authentication and identification available to third parties or pass them on to third parties circumvent access control systems to chargeable services or take other measures to use services without authorization
introduce viruses, worms, Trojans, or other malicious code into our system that may jeopardize or impair the functionality of Mindance services transfer or assign any rights or obligations arising from the contractual relationship to any third party
When using Mindance Services, you must also comply with the contractual agreements with third parties, in particular with the store provider or your Internet access provider.
To ensure smooth communication with you, we ask you to add our email address to the list of trusted senders at your email provider.
10. Prices and Terms of Payment
10.1 Prices
Our prices vary from country to country. If you decide to take out a subscription, the price that is displayed in the Mindance app or on the website will apply. Please check the website https://mindance.de for the current pricing and subscription models and the services that can be used at that time. All prices quoted are inclusive of the applicable sales tax. We reserve the right to adjust prices at our discretion. However, this shall have no effect on subscriptions already concluded.
110.2 Collection of Fees
The fees for a subscription are collected in advance for the respective minimum term when the contract is concluded. If the subscription is automatically renewed, the fee shall be collected in advance at the beginning of the respective renewal period. This does not apply if the fee is collected via iTunes; in this case, the fee is already collected 24 hours before the start of the respective billing period.
10.3 Means of Payment
If you purchase Mindance services via in-app purchases, you will be billed by the respective app store. Please ask there which means of payment are available. If you purchase Mindance Services via our website https://mindance.de, you will find a list of currently accepted payment methods in the order process, where you can select the appropriate payment method. If a payment is rejected and you are responsible for this (e.g. because the account is not covered or the limit of the credit card is already exhausted), we are entitled to charge you for the costs and/or expenses incurred in the actual amount.
We reserve the right not to offer certain means of payment and to refer to other means of payment if there is a justified reason for this.
10.4 Default
We reserve the right to assert any additional claims that may arise in the event of default in payment.
10.5 Discount Code and Promotions
To redeem a discount code, either insert it in the last step of the payment process. Alternatively, the discount will be deducted automatically. Any discount codes cannot be used retroactively or in conjunction with any other offers or discount codes. We reserve the right to restrict, at our sole discretion, who may participate in any promotions.
11 Responsibility for contents and services
11.1 No Responsibility for Third-Party Content and Services
Within Mindance Services, there may be links to third-party websites or apps. In some cases, content may be shown that is provided by third parties or you may be able to use additional third-party services through the Mindance Services. We try to design our applications in such a way that this is readily apparent to you. All such third-party content and/or services are subject to the respective terms and conditions and policies of such third-party service providers. We expressly assume no responsibility for the content and/or services and are not liable for them. You must ensure that you do not violate the terms and conditions of these third-party providers.
11.2 No Responsibility for user-generated Content
You are solely responsible for all content that you upload within Mindance Services. We do not adopt it as our own and do not review it.
11.3 Responsibility of the user for infringement of rights
You must comply with all applicable laws and regulations of the country in which you use our Mindance Services when posting or providing your own content. Regardless of whether this constitutes a criminal offense, you are generally prohibited from posting content that is pornographic, sexual, violent, racist, hateful, discriminatory, libelous, and/or defamatory in nature.
Furthermore, you are obligated to ensure that you do not violate the rights of third parties. This applies in particular to the personal rights of third parties as well as intellectual property rights of third parties (e.g. copyrights, trademark rights, etc.). In this context, we point out that you must in particular also be the owner of the necessary rights to your profile picture and other photos posted by you.
We are entitled at any time to remove and delete illegal content or content that violates the aforementioned principles. If you violate the aforementioned principles, we are also entitled to warn you, to temporarily block your user account or to completely terminate the user contract for good cause in accordance with section 7.3.
11.4 Exemption
In the event that you culpably (negligently or intentionally) violate the principles stated in section 11.3, you are obligated to indemnify us from claims of third parties that arise in connection with this violation. We also reserve the right to assert claims for damages and other claims.
12 Warranty for Defects
12.1 Legal Provisions
The statutory provisions shall apply to claims based on defective performance. Your rights as a consumer remain unaffected.
12.2 No warranty
We make no representations or warranties that the use of the respective Mindance Service will achieve your desired training goal or any other result.
13. Liability
13.1 General
You are obliged to follow our health instructions in section 2. The Mindance app is intended for use in a relaxed environment only! Do not use it while driving or in similar situations that require concentration. Use the app at your own risk.
13.2 Liability for services provided free of charge
In the case of services provided free of charge, we are liable, regardless of the legal grounds, only for damages due to intent and gross negligence or the lack of a guaranteed feature. In the case of intent, our liability is generally unlimited. In the case of gross negligence and the absence of a guaranteed characteristic, our liability is limited to the typical, foreseeable damage. In all other respects, our liability is excluded.
13.3 Liability for services rendered against payment
In the case of services rendered against payment, our liability for damages due to intent and gross negligence or the absence of a guaranteed characteristic shall in principle be unlimited, irrespective of the legal grounds.
If we violate an essential contractual obligation due to slight negligence, our liability shall be limited to the typical, foreseeable damage. Essential in this sense is any obligation that is necessary for the fulfillment of contractual purposes, and on the fulfillment of which you could have relied as a consumer.
Our liability for injury to life, body, or health caused by us remains unaffected by the aforementioned limitations.
In all other respects, our liability is excluded.
13.4 Liability of our employees
These limitations of liability (see Clauses 13.2 and 13.3) shall also apply in favor of our employees and agents.
13.5 Product Liability
Claims under the Product Liability Act shall remain unaffected by the aforementioned exclusions or limitations of liability.
14. Rights of Use
14.1 Mindance Contents
Some of the services we offer contain content that is protected by copyright or other laws and to which we have the necessary rights in each case. For example, the Mindance App is a software program protected by copyright.
To the extent necessary for the fulfillment of the respective contractual purpose, we grant you a simple and non-transferable right of use to use the respective protected content in a non-commercial form within the scope of the contractual provisions. We point out that in particular distribution or public accessibility of these contents by you, e.g. on websites, is not permitted. Neither the Mindance App nor its contents may be leased, rented, or otherwise transferred by you. You may not decompile, modify or edit the App beyond what is permitted by law.
The respective right of use expires when you are no longer activated for the respective service (e.g. after cancellation of your subscription) or upon termination of the user relationship. A violation of this entitles us to terminate the contract without notice for cause according to section 7.3.
14.2 Content provided by the User
In order for the Mindance services to function without restriction at all times, we depend on being able to use content submitted by the user at any time and without restriction as to content or location. For this reason, you grant us a worldwide, temporally, and content-wise unrestricted but simple right of use to the content you have contributed and protected. We may sublicense this right of use and it includes in particular the right to reproduce, distribute, (wire and non-wire) make publicly available, or reproduce and edit the content (for example, to change the image resolution or size for technical reasons). Furthermore, you grant the right to make your content available to other users, as far as this is done within the purpose of the contract (e.g. to show your copyrighted messages to the coach or other users).
15. Personal Data
We process your personal data in accordance with our privacy policy. The current version of these can be found at https://mindance.de/privacy. In particular, the privacy policy regulates and explains to what extent your personal data is visible to other users and what options you have to control the disclosure. In addition, we will inform you in detail how and where we process or have processed which of your personal data. You give us your express consent to this by concluding the user agreement. Your legal rights regarding possible revocation options remain unaffected.
16. Changes of the general Terms and Conditions
We reserve the right to change these General Terms and Conditions with effect for the future. We will notify you of the changes at least four weeks before the new version of the General Terms and Conditions is scheduled to come into effect. Within this period, you will have the opportunity to object to the change. If you continue to use our Mindance services without objecting, the new Terms and Conditions will be deemed accepted. If you object, we expressly reserve our ordinary rights of termination. If we change the Terms and Conditions, we will inform you separately about your right to object, the deadline for doing so, and the respective legal consequences.
17. final Provisions
17.1 Contract Language
The contractual language shall be German.
17.2 Applicable Substantive Law
German law shall apply exclusively between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that it concerns mandatory consumer law provisions.
17.3 Place of Jurisdiction
If you do not have a general place of jurisdiction in Germany or in another EU member state or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions have become effective or if your place of residence or usual place of abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business.
17.4 Severability Clause
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The above provisions shall apply mutatis mutandis in the event that these General Terms and Conditions prove to be incomplete.
18. Storage and Inspection Possibilities
You can view and print these General Terms and Conditions at any time at https://mindance.de/agb. You can view further information about your user contract and your subscriptions in your user account. Alternatively, you can also print or save the automatic order confirmation that you receive after completing an order.
19. Provider Information
Mindance GmbH
Flottwellstr. 4-5
10785 berlin
E-mail: support@mindance.de
Managing Director: Sebastian Hämmerl
Registered in the commercial register of the district court of Charlottenburg (Berlin) under HRB 228996 B
20. Dispute Resolution
The European Commission provides a platform for out-of-court online dispute resolution (OS platform). You can access this at www.ec.europa.eu/consumers/odr. You can find our e-mail address in our imprint.
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board (ADR) or an EU online dispute resolution (ODR) and do not intend to do so.