AGB

General Terms and Conditions for Users

Here you will find important information about our mindfit studios platform. We created the platform to support our users in improving their mental fitness.

 

1 Scope of application

1.1 These General Terms and Conditions (GTC) apply to the use of our mindfit studios platform ("Platform") - accessible at the URL https://mindfit-studios.com. They apply between us, mindfit studios GmbH, Schützenstraße 53, 10117 Berlin, Germany (also: "mindfit studios" or "we") and you (also: "users", together with mindfit studios also: "parties").

1.2 Terms and conditions pre-formulated or otherwise provided by you which deviate from these GTC shall not become part of the contract even if we are aware of them, unless we expressly agree to their validity at least in text form (e.g. by e-mail).

1.3 These GTC apply in the currently valid version. You acknowledge the validity of these GTC as the contractual basis for your use of the platform.

1.4 The currently valid GTC are available to you at any time on the website https://mindfit-studios.com and can be accessed, saved and printed out by you from there. mindfit studios does not save the text of the contract after the conclusion of the contract (for the conclusion of the contract, see the following clause 3 of the GTC).

1.5 If working days are specified as deadlines in these GTC and/or the registration process, this shall be understood to mean all weekdays with the exception of Saturdays (Sonnabend), Sundays and public holidays in Berlin or nationwide.

1.6 The contractual language is German.

2 Subject matter of the contract

The subject matter of the contract is the provision of the platform by us (hereinafter also: "Services") for the term of the contract.

3 Conclusion of the contract

3.1 In order to use our platform, you must register on the platform by creating an account. The accessibility of our platform as such via the internet is not a legally binding offer to conclude a contract for access to our platform.

3.2 Registration takes place as follows: You make a binding offer ("Offer") to become a user of our platform and thus our contractual partner via the user interface on our platform by entering the required data as part of the registration process and clicking the corresponding button. You can cancel the registration or change the information provided at any time until you click the button. The contract is concluded in such a way that immediately after receipt of your offer, we send a confirmation e-mail to the e-mail address you provided during the registration process, which contains a confirmation link. If you click on this link, a confirmation text will be displayed. This confirmation text represents our acceptance of your offer ("conclusion of contract").

3.3 The confirmation e-mail contains a link on which the user must click in order to verify the authenticity of the e-mail address provided. Only after this verification are the functions of the platform available to you.

4 Our services and their availability

We provide the following services as part of the Platform:

4.1 Provision of access to the platform and authorisation to use its essential functions after conclusion of the contract in accordance with these GTC for the term of the contract.

4.2 We will make the platform available within the scope of our technical possibilities; in this context, an availability of 99.0% on an annual average is aimed for. There is no entitlement to error-free and uninterrupted use of the platform at all times or to a specific availability.

4.3 We reserve the right to non-availability due to circumstances for which we are not responsible (e.g. force majeure) and due to care and maintenance work described in more detail in the following paragraph.

4.3.1 The Platform may not be available to you if we have to carry out necessary care and maintenance work and have to stop or restrict the provision of the Platform for this reason (hereinafter: "Downtime").

4.3.2 We may temporarily restrict the use of our platform at our reasonable discretion if this is necessary with regard to the security, integrity or capacity limits of the platform or to carry out technical measures (e.g. maintenance work). We will take your legitimate interests into account, in particular by informing you in advance.

4.3.3 As soon as we become aware of an unauthorised use of an account or have a corresponding reasonable suspicion, we reserve the right to block the access by the unauthorised user and to prevent the unauthorised access. If we become aware of any unauthorised use, we will inform you immediately, insofar as this is possible.

4.4 The essential functions of the Platform are to provide You with mental fitness training offers in accordance with the Membership Model You have entered into for the term of the Agreement. These training offers may include, depending on the membership model, the following:

4.4.1 Online Studio: Library consisting of video tutorials with learning content and trainings

4.4.2 Online live courses with trainers, trained coaches, psychologists or therapists in groups

4.4.3 Online personal training: 1-to-1 live courses with trainers, trained coaches, psychologists or therapists.

4.5 If you do not take up training offers that you are entitled to per month within the framework of your membership model, these training offers are not transferable to the following month.

4.6 Certain training offers may have a limited number of participants or are only accessible at a certain time (in particular also personal training), which will be indicated to you accordingly on the platform. Once the maximum number of participants for such a training offer has been reached, you are no longer entitled to participate in this training offer. There is also no claim that a certain training will take place at a certain time.

4.7 We reserve the right to regularly improve, adapt, expand, replace or otherwise change the essential functions of the platform and the services offered by us, in particular training offers, to a reasonable extent and taking into account the interests of all parties involved. However, the essential functions of the platform will always remain unchanged. We will inform about innovations to an appropriate extent as far as possible in advance.

 

5 Duties of the users

5.1 You are obliged to regularly make backup copies of data that you store on our platform on your own responsibility at appropriate intervals on your own systems.

5.2 You are obliged to treat your login data as strictly confidential and to protect it from unauthorised access by third parties. In the event of suspected misuse of the login data by third parties, you are obliged to inform us immediately in an appropriate manner.

5.3 Accounts are not transferable. Only you may use your account.

5.4 You are not allowed to send mass messages with the same content via the communication services of the platform. Any spamming, commercial advertising or similar inappropriate forms of communication are prohibited. The offering or selling of goods or services via our platform is also prohibited.

5.5 You must respect applicable laws when using our Platform. Criminal acts including, but not limited to, libel, slander, stalking, extortion or fraud are prohibited.

5.6 Any behaviour that disrupts or endangers the training success of other users on the platform, such as disruption of trainings and repeated unexcused absences from trainings with a limited number of participants, harassment, provocation, unreasonable judgement or violation of the privacy or personal rights of other users, is also prohibited.

5.7 We reserve the right to take appropriate measures at our own discretion in the event of violations of the provisions of this section on our platform. In doing so, we will take into account the legitimate interests of the parties involved. These measures include the following: Issuing warnings, temporarily restricting access to our Platform or certain features of the Platform, temporarily blocking accounts or permanently deleting accounts, including prohibiting logging into the Platform in the future. Furthermore, we reserve the right to take legal action.

6 Memberships and prices

6.1 The use of our platform is subject to a fee. We offer various membership models for our platform, which differ in terms of duration and services. Details can be found in the corresponding overview(https://mindfit-studios.com/preise) on our website. The membership fees for the respective model can also be found there.

6.2 It is not possible to switch between different membership models during the term of the contract. If you wish to change from one membership model to another, you must terminate your current contract and conclude a new one.

7 Payment processing

The monthly fee due depends on the respective membership model selected in accordance with clause 6. The fee is due on the first day of each month in advance for that month. Payment can be made solely by credit card via the external company Stripe Inc. (510 Townsend Street, San Francisco, CA 94103, USA), which is operated via the platform of MINDBODY Inc. (see section 7 of our privacy policy). You authorise Stripe to charge the credit card accordingly to collect payments due on our behalf.

 

8 Liability and warranty

8.1 mindfit studios guarantees the functional and operational readiness of the platform and the services during the term of the contract and in accordance with the provisions of this contract.

8.2 We shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.

8.3 In cases of ordinary negligence, mindfit studios is liable for breach of a fundamental contractual obligation. A material contractual obligation within the meaning of this clause is an obligation the performance of which is a prerequisite for the performance of the contract and on the performance of which users may therefore regularly rely.

8.4 mindfit studios is not liable in the case of clause 8.3 for lack of economic success, loss of profit and indirect damages.

8.5 The liability according to the above clause 8.3 is limited to the typical, foreseeable damage at the time of the conclusion of the contract.

8.6 In the case of 8.3, liability for damages due to loss of data shall be limited to the amount of the restoration of the data that would have been incurred even if the user had backed up the data regularly and in accordance with the risk.

8.7 The limitations of liability apply accordingly in favour of mindfit studios' employees, agents and vicarious agents.

8.8 Any liability of mindfit studios for guarantees given (which must be expressly designated as such) and for claims based on the Product Liability Act or applicable data protection laws remains unaffected.

8.9 Any further liability of mindfit studios is excluded.

 

9 Term and termination

9.1 The contract term shall be determined in accordance with the booked membership model pursuant to clause 6.

9.2 After the expiry of the contract term, the contract shall be automatically renewed for a period of

9.2.1 one (1) additional month if it is a 1-month contract and the contract is not terminated at least one day before the expiry of this contract.

9.3 Users can terminate a contract using the corresponding function on the mindfit studios platform under "My profile" and "Account balance".

9.4 mindfit studios may terminate an ongoing contract by giving two weeks' notice to the end of the contract by e-mail.

9.5 The right to terminate the contract for cause remains unaffected. mindfit studios is entitled to terminate the contract without notice in particular if the user fails to make due payments despite a reminder and a grace period or if the user seriously breaches the contractual provisions governing the use of the platform, in particular the provisions set out in clause 5.

9.6 After termination of the contract, users are no longer entitled to use the platform and the services offered via it.

 

10 Intellectual property rights

We own the copyrights and image rights and all other intellectual property rights in question for all content displayed, published or contained on the platform, such as images, graphics, videos, streams, files, texts, training concepts or designs, or we are entitled to use them. Any reproduction, copying, recording, publication or other use not expressly permitted under these GTC is not permitted without our express consent.

11 Alternative dispute resolution

The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/. We would like to point out that we are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

12 Electronic communication

You agree that contract-related communication may take place in electronic form.

13 Final provisions, choice of law, place of jurisdiction

13.1 German law shall apply to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

13.2 If you do not have a general place of jurisdiction in Germany or in another EU member state, or if you are a merchant or a legal entity under public law, or if you have moved your permanent place of residence abroad after these GTC 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 is the registered office of mindfit studios.

13.3 Should individual provisions be wholly or partially invalid or unenforceable, or should they later lose their legal validity or enforceability, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions shall be replaced by the statutory provisions.

Status: [07 May 2021]

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