Terms & conditions
Last updated: 12 August 2024
Content:
Introduction
Eligibility
Account Registration
Subscription and Fees
Use of the App
Content and intellectual property
Privacy
Disclaimers and limitations of liability
Changes to the terms
Governing Law and Dispute Resolution
Contact Us
1. Introduction
Welcome to MindGuide ("App"), operated by weband.media Postfach 37 01 45 14131 Berlin Germany ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of the MindGuide mobile application. By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the App.
Note: We may update these Terms periodically. Continued use of the App after any changes indicates your acceptance of the new Terms.
2. Eligibility
To use the App, you must be at least 16 years old. If you are under 18, you represent that you have your parent or guardian's permission to use the App. Please have them read these Terms with you. If you are a parent or legal guardian of a user under the age of 18, you agree to be bound by these Terms and to be responsible for such user's activity in the App.
3. Account Registration
3.1 Registration
To access certain features of the App, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for safeguarding the password that you use to access the App and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. You agree not to disclose your password to any third party and to immediately notify us of any unauthorized use of your account.
4. Subscription and Fees
4.1 Free Trial
The App offers a nine-message trial period for new users. You may only use the free trial once. After the trial period expires, you will need to purchase a subscription to continue using the App's features. Unused parts of the free trial version expire with the purchase of a subscription.
4.2 Subscription Plans:
Weekly: €6.99 per month
Semi-Annual: €49 for 6 months
Annual: €79 for 12 months
Or a corresponding amount in your currency plus the prescribed legal charges.
4.3 Payment Processing
All payments are processed through Apple's App Store. By providing your payment information, you authorize Apple to charge the applicable subscription fees to your Apple ID account.
4.4 Renewal and Cancellation
Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. You can manage and cancel your subscription through your Apple account settings. You will be notified by Apple in a timely manner in accordance with any legal requirements of your country before the subscription is renewed.
4.5 Refund Policy
Refund requests for subscriptions must be made through Apple, as all transactions are processed through the App Store.
5. Use of the App
5.1 Permitted Use
You may use the App for personal, non-commercial purposes only. You agree to use the App in compliance with all applicable laws, regulations, and these Terms.
5.2 Prohibited Use
You may not:
Use the App for any illegal or unauthorized purpose
Interfere with or disrupt the App or servers or networks connected to the App
Attempt to gain unauthorized access to any portion of the App
Use the App to post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
6. Content and Intellectual Property
6.1 User Content
You retain ownership of any content you submit or share via the App. We do not have access to the content you share via the App.
6.2 Our Content
All content provided by us through the App, including text, graphics, logos, and software, is the property of the Company and is protected by copyright, trademark, and other intellectual property laws. You may not use our content without our express written permission.
7. Privacy and Data Protection
7.1 Data Collection
We collect and process personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to our data practices as described in the Privacy Policy.
7.2 Data Security
We implement reasonable security measures to protect your data. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
8. Disclaimers and Limitation of Liability
8.1 No Medical Advice
The App provides AI-powered guidance and recommendations for improving mental health and well-being. It is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition.
By using the App, you agree to the following:
You must never rely on any information obtained using this App for any diagnosis or recommendation for medical treatment.
You must never disregard professional medical advice or delay seeking medical treatment as a result of any information you have seen on or accessed through this App.
8.2 Service Availability
We strive to provide uninterrupted access to the App. However, we do not guarantee that the App will always be available or free from errors or omissions.
8.3 Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the App.
8.4 Modification and Discontinuance of Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or any portion thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or any portion thereof.
9. Changes to the Terms
We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on our website or through the App. Your continued use of the App after such notice constitutes your acceptance of the new Terms.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Berlin, Germany, using the English or German language.
By downloading, installing, or using the MindGuide App, you also agree to comply with the terms and conditions of the Apple End User License Agreement (EULA), which governs the use of all apps distributed through the Apple App Store. The Apple EULA is available for your review at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.
11. Termination
We may, under certain circumstances and without prior notice, immediately terminate your account and access to the App. Cause for such termination shall include, but not be limited to:
Breaches or violations of the Terms or other incorporated agreements or guidelines.
Requests by law enforcement or other government agencies.
A request by you (self-initiated account deletions).
Discontinuance or material modification to the App (or any portion thereof).
Unexpected technical or security issues or problems.
Extended periods of inactivity.
Nonpayment of any fees owed by you in connection with the App.
Termination of your account may include the removal of access to all offerings within the App, deletion of your information, files, and content associated with or inside your account, and barring of further use of the App. All terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the App.
12. Contact Us
If you have any questions about these Terms, please contact us at:
Email: team@mindguideapp.org
Website: https://mindguideapp.org
By using the MindGuide App, you acknowledge that you have read and understood these Terms and agree to be bound by them.