Status: November 1, 2020
These Terms of Use apply to the use of the mobile app “Mindable” (hereinafter “Mindable App“) offered by Mindable Health UG (haftungsbeschränkt), Rheinsberger Straße 76/77, 10115 Berlin (hereinafter “Mindable Health“) by people with panic disorder and/or agoraphobia (hereinafter “Users“).
1.1 The App is a mobile app for Apple iPhones or Android smartphones (“End Devices“) that can be downloaded free of charge from the Google Play Store and the Apple App Store.
1.2 The Mindable App is a Class I medical device and complies with regulatory requirements. Mindable Health’s quality management system complies with the standards of ISO 13485.
1.3 The Mindable App is intended to help the User to deal with his or her own panic disorder and/or agoraphobia by educating the User about the essential aspects of anxiety and panic, helping the User to reflect on his or her own experience and handling of anxiety and panic, and guiding and supporting the User to confront his or her own fears.
1.4 The Mindable app is not intended to and cannot replace treatment by a physician and/or a psychotherapist.
2.1 The prerequisites for using the services of Mindable Health are successful registration in accordance with section 3, registration in the Mindable app and the existence of a booked subscription in accordance with section 4.
2.2 Various contents are available via the Mindable app, which the user can go through in order to achieve the purpose of the Mindable app according to section 1.3. The accessibility of individual content depends in part on the fact that other content has already been viewed or run through beforehand.
2.3 Content pursuant to Clause 2.2 shall be in particular:
2.3.1 animated explanatory videos;
2.3.2 questions in which the user’s answers are automatically systematized;
2.3.3 instructions for exercises that the user can perform;
2.3.4 an anxiety diary in which the user can document his experiences and his handling of anxiety and panic attacks.
2.4 The User can be regularly reminded by the Mindable app to use certain content through so-called notifications via his terminal device.
2.5 If the User uses the Mindable app on multiple end devices, he can synchronize the data associated with his registered user account via the servers of Mindable Health.
2.6 Claims for services against Mindable Health are exclusively due to the registered user who has booked the subscription in accordance with clause 4 and are non-transferable.
2.7 To the extent that server services are necessary for the use of the Mindable App (e.g., the synchronization of User Data pursuant to Section 2.5), Mindable Health will make them available for use by the User 24 hours a day, 7 days a week, 98.0% of the time. Consequently, Mindable Health’s server services will be unavailable no less than 15 hours per month. This does not include downtime for maintenance. Such maintenance will be announced by Mindable Health at least two weeks in advance.
3.1 The prerequisite for registration is that the user is at least 18 years old.
3.2 When registering via the Mindable app, name and a valid e-mail address must be provided in particular. In addition, a password that meets certain security requirements must be selected.
3.3 A prerequisite for successful registration is the verification of the specified email address by clicking on the corresponding link in the confirmation email sent.
3.4 Logging into the Mindable app is done using the provided email address and password. The password can be changed in the Mindable app. A password reset is possible via the provided email address.
4.1 The user must keep his password secret and ensure that it is not accessible to third parties. If third parties may have gained knowledge of the password, the user must change his password.
4.2 The user may not make the use of the Mindable app and the services provided by Mindable Health available to third parties.
4.3 The user is obliged to provide complete and truthful information during registration and booking.
4.4 The user is obliged to always use a current version of the Mindable app and to install updates without delay.
4.5 Before using the Mindable app, the user should have a medical examination to assess his/her current state of health and to evaluate his/her panic disorder and/or agoraphobia. The User may only use the Mindable app independently unless a medical or psychotherapeutic assessment indicates that psychotherapeutic treatment for panic disorder and/or agoraphobia is necessary; otherwise, the Mindable app may only be used in accordance with the instructions of a physician or psychotherapist.
4.6 The User must answer questions in the Mindable app truthfully and carefully. The user must perform the exercises in the Mindable app according to the respective instructions with due care.
4.7 Before each use of the Mindable app and in particular before performing any exercises pursuant to section 2.3.3, the user is obliged to ensure that he or she is physically healthy (in particular, no high blood pressure at rest and no cardiovascular disorders) and not pregnant.
4.8 In particular, the user shall immediately discontinue the performance of exercises if he/she experiences physical pain or excessive discomfort (e.g. shortness of breath, chest pain, severe joint pain, excessive dizziness, confusion or headaches). In this case, the user should seek medical advice immediately.
4.9 The User must not use the Mindable App if he/she has any doubt that it is beneficial to his/her mental health. The User may not use the Mindable app against the advice of a doctor or psychotherapist. In particular, the user may not use the Mindable app if a doctor or psychotherapist has diagnosed or suspects acute suicidal tendencies or acute psychosis.
The Mindable App and any Content viewed or otherwise used through the Mindable App are solely for the personal and non-commercial use of the applicable user and may not be shared with any third party. During an existing subscription, Mindable Health grants the user a limited, non-exclusive and non-transferable right to access and view the Mindable app content and use it in accordance with the relevant instructions. Other than the foregoing, no right, title or interest is transferred to the User. The user agrees not to use the Mindable app for public performances.
6.1 The fee for a booked subscription shall be debited in advance of a month (for a monthly subscription) or a year (for an annual subscription) from the payment method selected by the User.
6.2 When booking a subscription, the User must specify one or more payment methods. The User authorizes Mindable Health to charge any payment method associated with the User’s account if the primary payment method is declined or is no longer available to pay the fee. The User remains responsible for any outstanding balances.
6.3 If a payment cannot be successfully processed because the applicable payment method has expired, does not have sufficient funds, or fails for any other reason, the User’s access to Mindable Health’s services may be suspended pursuant to Section 2 until Mindable Health successfully debits a valid payment method.
6.4 Mindable Health may, at its sole discretion, offer annual subscriptions on a trial basis for a certain period of time free of charge or at a reduced price (hereinafter: “Trial Subscriptions“). Upon expiration of the Trial Subscription, a regular annual subscription will automatically commence unless cancelled prior to the expiration of the Trial Subscription. Mindable Health will inform the user of this and of the fee for the regular subscription when the user takes out a trial subscription.
7.1 Mindable Health is liable for intent and gross negligence. Mindable Health is only liable for slight negligence in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the user may regularly rely on, as well as in the event of damages resulting from injury to life, body or health.
7.2 Mindable Health is only liable for foreseeable damages, the occurrence of which must typically be expected.
7.3 Liability based on mandatory statutory provisions, including those of the Product Liability Act, remains unaffected.
7.4 Mindable Health is not liable for the loss of data insofar as the damage is due to the User’s failure to perform data backups and thereby ensure that lost data can be restored with reasonable effort.
9.1 Mindable Health may unilaterally amend these General Terms of Use in case of an existing legitimate interest. A legitimate interest exists, for example, in the improvement of existing functions or features of the Mindable App, in the implementation of new functions or features and scientific and technical advances, in reasonable technical adjustments to ensure the functionality or security of the Mindable App, and in the implementation of legal or regulatory requirements.
9.2 Mindable Health will provide appropriate advance notice of any changes to these General Terms of Use that may affect the current contractual relationship by notification via email. This notification will include information about the proposed change and the User’s right to object to the changes. The changes will be deemed accepted by the user if the user does not object within six weeks after receipt of the notification.
9.3 Mindable Health will not make any changes pursuant to Section 10.2 that materially affect the contractual balance of the services agreed between the user and Mindable Health.
9.4 In the event of a timely objection, Mindable Health may terminate the contractual relationship with the user without notice. Payments already made will be refunded proportionately to the remaining term. If Mindable Health does not terminate the previous contractual relationship within two weeks after the effective objection, the previous GTC with the corresponding user will continue to apply unchanged.
10.1 These GTC are written in German. Translations of these GTC into other languages are for information purposes only. In the event of any inconsistencies between the German version and translations, the German version shall prevail.
10.2 Should any provision of these GTC or any future amendment be wholly or partially invalid or unenforceable or later lose its validity or enforceability, this shall not affect the validity of the remaining provisions of the GTC.
10.3 German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the German conflict of laws rules. If the User is a consumer and has his habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which the User has his habitual residence shall remain unaffected.
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