1. General Information
1.1 MINDZEIT®
These Terms and Conditions (the “Terms”) contain the terms under which we provide you with the content and services listed on https://mindzeit.app/ (the “Website”) via our application (the “App”) or through other delivery methods (particularly through third-party app stores such as the Apple App Store or Google Play Store). Please read these Terms before using our services. The terms “MINDZEIT®”, “us”, or “we” refer to “Kleinjans & Spahic GbR” (MINDZEIT®) based in Germany. These Terms specifically relate to the contract you have entered into with “Kleinjans & Spahic GbR” (MINDZEIT®) located at Nibelungenweg 15, 50996 Cologne, Germany. The term “Device” refers to the device used to access the services and content (the “Order”) and includes smartphones and tablets, for example. The term “you” refers to the user of the services and content. If you do not agree with these Terms, please refrain from using the services and content. For contact inquiries, please use the following email address: info(at)mindzeit.app. You can send all your correspondence with MINDZEIT®, including any questions you may have about the services and content or these Terms, to this contact email address or contact us through other communication methods offered on our website or in our App.
Health Requirements
A good overall state of health is a prerequisite for using MINDZEIT®. Patients with pre-existing mental health conditions should consult their doctor or therapist before using MINDZEIT® or participating in the preventive programs offered by MINDZEIT®. MINDZEIT® or the offered preventive programs do not replace necessary medical or therapeutic care in any case. If you have acute mental health issues requiring treatment, you should consult a doctor or therapist before using the App, who can make an individual, case-specific decision regarding whether using the App is contraindicated. If you experience severe discomfort during use, the course should be interrupted and only resumed after clarification and with professional support.
1.2 The language of the contract is German.
1.3 You can access, save, and print the current terms on the website or in the app at any time during the registration or ordering process. We do not store this contract text after the conclusion of the contract.
1.4 MINDZEIT® provides users access to applications in the fields of mindfulness and meditation through various services. The services may be free of charge (freemium version) or subject to fees. The fee status of a service is explicitly indicated. By actively confirming or registering as a user with MINDZEIT®, you accept these General Terms and Conditions (GTC) for using MINDZEIT®.
1.5 A service can generally be used on all devices or platforms supported by MINDZEIT®. Restrictions, particularly those due to technical reasons, can be found in the respective service presentation. If the user accesses the services through the app and has downloaded the app from a third-party app store, the respective terms and conditions of the app store apply additionally; in case of contradictions, these GTC take precedence. When downloading and using the app, particularly in third networks or abroad, the user may incur transmission costs from their internet service provider.
1.6 Individual services of MINDZEIT® may depend on registration or a fee. The user ensures that all data transmitted during registration is true and complete.
1.7 MINDZEIT® provides an overview of the available paid services, their scope of services, durations, and fees. The fee payable for the use of a paid service can be found in the respective service presentation, which also includes the scope of services and any restrictions. Payment of the fee only entitles you to access the services that are visible or available in the service presentation.
1.8 These Terms and the order govern the entire agreement between you and us regarding the provision of services and content conclusively.
1.8.1 Before using the services and content or committing to a purchase, please check whether the information contained in these Terms and the order is complete and accurate. If you believe there is an error, please contact us and request that we confirm any changes in text form, as we are only liable for declarations and representations if they have been made in writing by an authorized representative of MINDZEIT®.
1.9 Changes to the Terms
1.9.1 MINDZEIT® has the right to change the contractually agreed services and the present Terms, provided that this proves necessary for a compelling reason that was not foreseeable at the time of the conclusion of the contract and that this change is reasonable for you, especially since the relationship between performance and consideration does not change significantly to your disadvantage. A compelling reason exists if the change is necessary to eliminate non-negligible difficulties in fulfilling the contract that are due to regulatory gaps that have emerged after the conclusion of the contract. This may particularly be the case if the jurisprudence regarding the effectiveness of the provisions contained in these Terms changes, if one or more provisions of these Terms are found to be ineffective by jurisprudence, if a legal change leads to the ineffectiveness of one or more provisions of these Terms, and thereby certain promotional or special offers are added or changed, or certain content, functions, or features of the services are removed.
1.9.2 You will be informed in text form before the planned changes take effect (“Change Notification”).
1.9.3 In the event of changes to the contractually agreed services and these Terms, you may terminate this contract at any time upon the entry into force of the changes in text form.
1.9.4 Changes to the contractually agreed services and these Terms are deemed approved if you do not expressly object to them after receiving the Change Notification. MINDZEIT® expressly points out this legal consequence, the start of the period, the duration, and the date on which this change takes effect. If such notification is missing or incomplete, the absence of an objection does not constitute consent to the changes.
1.9.5 If you oppose the changes, MINDZEIT® may terminate this contract in text form upon the entry into force of the changes.
1.9.6 In the event of termination, MINDZEIT® is obliged to refund any fees already paid to you on a pro-rata basis.
2. Paid Services
2.1 The individual steps for acquiring paid services can be found in the descriptions within the app or in the third-party app store. By placing an order, especially through the order button, a contract is not yet concluded; instead, the user makes an offer. After the order, the user will promptly receive confirmation of receipt electronically, which constitutes acceptance of the order. The contractual relationship between the user and MINDZEIT® comes into effect only through the acceptance of the order. Acceptance can also occur implicitly, particularly through the activation of the paid services.
2.2 MINDZEIT® offers monthly, annual, and indefinite subscription options (the “subscription period”). For the purposes of our monthly and annual subscriptions, one month consists of 30 calendar days, and one year consists of 365 calendar days. In the case of our indefinite subscription, “indefinite” refers to the period until MINDZEIT® ceases the commercial distribution of the products.
2.3 Fees are due for the entire duration. Accepted payment systems are those visible in the offer presentation, which are generally operated by corresponding service providers. These may particularly include payment systems offered by the operators of the respective app store. If the respective service provider includes its own general terms and conditions in individual cases, these apply exclusively to payment processing. The user may need to have a user account with the service provider.
2.4 The provider of the respective app store may influence the available paid services, including their duration or renewal. Depending on the respective app store, paid services may expire at the end of the agreed-upon duration without requiring cancellation, or the respective contractual term may be extended for a corresponding period or indefinitely. Details can be found in the respective offer presentation or the terms and conditions of the app store. Some app stores also offer options to terminate paid services, for example, through a menu item in the app store.
2.5 If fees cannot be collected, the user bears all resulting costs, provided they are responsible for the event causing the costs. If the user does not pay fees or if payments made are charged back, MINDZEIT® is entitled to suspend access to individual or all services of MINDZEIT®.
2.6 MINDZEIT® may offer users paid services for a certain period free of charge. It is solely at MINDZEIT®’s discretion to determine which users may participate in a trial offer. MINDZEIT® may terminate the provision of a trial offer at any time or change the scope of services of the trial offer. MINDZEIT® may require the user to provide their payment information at the beginning of the trial offer. After the end of the trial offer, MINDZEIT® may charge the user for the subsequent paid use of the respective service. The user will be informed of this in the offer presentation and must agree to it. The user is free to cancel the trial offer before the trial period expires. Otherwise, the trial offer will convert into a paid service.
2.7 MINDZEIT® reserves the right to change its business model at any time and to provide certain or all services only for a fee. MINDZEIT® will publish the respective fees. The user is free to decide whether to continue using the services that will incur fees or to terminate their use.
2.8 Business Customers and Other Consumer Communities
For business customers or other communities (companies, universities, hospitals, insurance companies, etc.) that wish to provide MINDZEIT® services to their employees or members, MINDZEIT® offers a licensing model, which is recorded in a separate contract. The licensing model is fundamentally based on MINDZEIT®’s terms and conditions but may be supplemented by additional provisions. These additional provisions take precedence over the terms and conditions.
3. Duration and Termination of Services
3.1 Termination by You
You can cancel a monthly subscription at any time. The cancellation will take effect at the end of the relevant monthly period. The app stores offer the possibility to terminate paid services, for example, through a menu item in the app store.
3.2 Termination by Us
We may suspend or terminate your use of the services we provide for good cause, especially due to fraud on your part. This termination or suspension can occur immediately and without prior notice if it is unreasonable for MINDZEIT® to notify you in advance, considering the circumstances of the individual case and weighing both parties’ interests. A good cause for us to terminate your use of the products exists, particularly if:
- You may not copy, download, or distribute the content of the MINDZEIT® services without permission,
- You violate your obligations under Section 6.1.3.
4. Legal Right of Withdrawal
In some countries, you have a legal right of withdrawal, such as throughout the European Union. Whether this is the case can be found, for example, in the terms of use of the respective store provider. Please inform yourself there regarding the extent to which such rights are granted to you. In the United States of America, for example, you do not have a right of withdrawal. If you have a legal right of withdrawal, we will inform you below how to exercise it and what a withdrawal means for you.
4.1 Instructions for Withdrawal
You have the right to withdraw from this contract within 14 days from the day of contract conclusion without giving any reason. If you have purchased a paid MINDZEIT service via an App Store, the withdrawal instructions of the respective App Store apply. If you have purchased a paid service outside the App Stores, you must notify us of your withdrawal in writing. To exercise your right of withdrawal, you must communicate your withdrawal decision to us through a clear statement (by a letter sent by post or an email) addressed to the following contact details: “Kleinjans & Spahic GbR” (MINDZEIT®), Nibelungenweg 15, 50996 Cologne, or info(at)mindzeit.app. You can, but do not have to, use the attached withdrawal form. It is sufficient for compliance with the withdrawal period if you send your withdrawal declaration before the withdrawal period expires.
4.2 Effects of a Withdrawal
In the event of a withdrawal from this contract, we will refund all payments we have received from you without delay, in any case within 14 days at the latest from the day you have communicated your withdrawal decision to us. For the refund, we will use the same payment method you used for the original transaction, unless something else has been agreed upon; in any case, you will incur no fees from this refund. If you requested that the services should begin during the withdrawal period, you must pay us a reasonable amount for the services already received. This is the proportionate amount from the total fee for the booked service up to the time you have communicated your withdrawal to us.
4.3 Withdrawal Form – Template
(Only fill out and return this form if you wish to withdraw from the contract)
— To “Kleinjans & Spahic GbR” (MINDZEIT®), Nibelungenweg 15, 50996 Cologne — I/We () hereby inform that I/we () withdraw my/our () contract regarding the purchase of the following goods () / regarding the provision of the following services (*)
— Ordered on () / received on ()
— Name of the consumer(s)
— Email address of the consumer(s) used for registration for the MINDZEIT® services
— Address(es) of the consumer(s)
— Signature(s) of the consumer(s)
— Date
(*) Please cross out what does not apply.
5. Prohibited Use of the Products
5.1 You agree not to upload, publish, email, or otherwise send, transmit, or introduce any material that contains software viruses or other computer codes, files, or programs designed to interrupt, interfere with, damage, destroy, or limit the functionality of computer software or hardware or equipment directly or indirectly related to the products, or the products themselves. You agree not to interfere with the servers or networks underlying the services or connected to the services or to violate the procedures, policies, or regulations of networks connected to the services. You may not access the services and content in an unauthorized manner.
5.2 You agree not to impersonate another person or behave inappropriately while using the services or use the products for illegal, immoral, or harmful purposes.
5.3 By violating the provisions in this Section 5, you may commit a criminal offense under applicable law. We may report such violations to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity. In the event of such a violation, your right to use the services will terminate immediately.
5.4 You agree not to use the products for purposes of scientific research, analysis, or evaluation of the products without the express written consent of MINDZEIT®.
6. The Content Offered Through the Products
6.1 Copyright
6.1.1 Unless otherwise specified, all content included in the services (including software, whether downloaded or not) is the property of MINDZEIT®. You acknowledge that the content is a valuable asset owned by MINDZEIT® and that, apart from a simple and limited license to use this content, you do not acquire any ownership rights to this content. The content may not be used for any purposes other than those provided for in these terms and other relevant business conditions without our prior written consent.
6.1.2 Audio or video content from MINDZEIT® that is not expressly marked as downloadable may not be downloaded or copied from the products or any device.
6.1.3 Commercial advertising, affiliate links, and other forms of advertising may be removed by us without prior notice and may result in the withdrawal of usage rights. Without obtaining the corresponding written license, you may not use the content used in the services in whole or in part for commercial purposes. Content included in the services may not be copied, distributed, republished, or transmitted in any way without our prior written consent. You agree not to use the services for illegal purposes (especially not for unlawful, harassing, defamatory, privacy-infringing, abusive, threatening, or obscene purposes) and you agree to comply with all laws, regulations, and rules related to your use of the services. In the event of illegal or unauthorized use of the services, appropriate legal action may be taken.
6.1.4 A limited number of contents may be made available for publication on the user’s personal social media channels (Facebook, Instagram, Twitter, etc.) with appropriate labeling. Regarding content that MINDZEIT® provides through the services and that is explicitly approved for dissemination by you as part of your blogs or other online comments, analyses, or reviews (“user comments”), MINDZEIT® grants you the limited right to download, reproduce, and disseminate the approved content as part of your user comments. You may also modify this approved content, but only to the extent necessary to technically enable the presentation and dissemination of this content through your computer systems and the internet (e.g., in the form of a change in video format or file size), provided that these changes do not significantly alter the substance or quality of this content. You agree not to publish the approved content together with other content that you know to be false, misleading, or deceptive or that promotes activities or behaviors that are unlawful, harmful, threatening, abusive, harassing, unauthorized, defamatory, vulgar, obscene, pornographic, defamatory, infringing on the privacy of others, hateful, or otherwise offensive.
6.1.5 You are not permitted to download, display, copy, reproduce, distribute, modify, perform, transmit, create derivative works from, sell, or otherwise exploit any content, codes, data, or materials contained in the products. If you use the products or the content, codes, data, or materials contained in the products in any manner other than as provided above, it may constitute a violation of copyright and other laws of the Federal Republic of Germany or other countries and may result in liability for such unauthorized use. MINDZEIT® will enforce its intellectual property rights to the fullest extent permitted by applicable law and may initiate criminal proceedings where appropriate.
6.2 Trademarks
MINDZEIT®, the MINDZEIT® logo, and all other product and service marks are trademarks of MINDZEIT®. All intellectual property rights as well as all other trademarks, logos, images, product and company names displayed or mentioned in or on the services or products are the property of their respective owners. You as a user receive no licenses or rights to use, modify, remove, or reproduce these materials. You are strictly prohibited from using the trademarks displayed on the products in an abusive manner. MINDZEIT® will enforce its trademark rights to the fullest extent permitted by applicable law and may initiate criminal proceedings where appropriate.
7. Technical Operation
7.1 MINDZEIT® strives to enable a seamless operation of the services and to keep them available as continuously as possible, but points out that complete or uninterrupted availability is technically not feasible due to technical or other problems beyond MINDZEIT®’s control (force majeure, fault of third parties, etc.), and therefore does not guarantee an uninterrupted operation or specific availability.
7.2 MINDZEIT® may restrict access if the security of network operations, the maintenance of network integrity, particularly to avoid severe disruptions of the network, software, or stored data, the interoperability of the services, or data protection require it.
7.3 MINDZEIT® will promptly eliminate disruptions within the framework of its technical and operational capabilities.
8. Linking to Homepage
You may link to our homepage, provided that you do so in a fair and lawful manner and do not damage or exploit our reputation; however, you must not create links in a manner that suggests any connection with us or approval or endorsement on our part, where none exists. You must not set links from websites that you do not own. Without written consent from MINDZEIT®, you may not embed the services as a frame on other websites nor link to the services (or any part thereof). We reserve the right to revoke our consent to link in writing. If you wish to use material in or for the services in any other way than described above, please contact info(at)mindzeit.app.
9. Disclaimer for Medical Information
9.1 MINDZEIT® is a provider of mobile meditation and mindfulness content in the health and wellness sector. We do not operate as a healthcare provider or as a provider of medical products, nor do our services constitute medical advice. Only your doctor or other healthcare provider is able to provide such advice. Studies have shown that meditation and mindfulness can positively affect a variety of conditions, both in terms of prevention and recovery, and that they can help improve certain issues in professional and everyday life; however, MINDZEIT® makes no promises, assurances, or warranties that the products offer any therapeutic benefit.
9.2 All health information and links to the services, whether provided by MINDZEIT® or external providers, are provided solely for informational purposes and are non-binding.
9.3 Recommendations or other materials in the services are for general information purposes only. They do not substitute for professional medical advice. The recommendations and other materials we provide are intended to enhance, but not replace, the relationship between you and your healthcare providers. We assume no liability for any consequences resulting from your reading of these recommendations or other materials or from reports given to you by others. Rather, you assume sole responsibility for your decisions and actions.
- The use of the app and these terms and conditions is subject to the law of the Federal Republic of Germany, excluding UN sales law. The exclusive place of jurisdiction is Cologne.
- Severability Clause
If any individual provisions of these terms and conditions are or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Instead of the invalid or unenforceable provision, a valid and enforceable regulation shall apply, the effects of which come closest to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The preceding provisions shall apply accordingly in the event that the provisions are found to be incomplete.
Information on Online Dispute Resolution:
The EU Commission will provide an internet platform for online dispute resolution (so-called “OS platform”) in the first quarter of 2016. The OS platform is intended to serve as a point of contact for the out-of-court resolution of disputes arising from online purchase contracts. The OS platform will be accessible at the following link after it goes live, which is expected around February 15, 2016: http://ec.europa.eu/consumers/odr