General Terms and Conditions of Business
(GTC)
Date: 30th of August 2023
Scope of Application
These General Terms and Conditions (hereinafter “GTC”) govern the use of the MindAhead Active App digital application of MindAhead UG operated under the brand “MindAhead”. The user can access, copy, save and print these General Terms and Conditions of Use at any time at https://mindahead.de/terms_of_use.de.
Your contractual partner is
MindAhead UG
Mühlenstraße 8a
14167 Berlin
E-mail: info@mindahead.de
Phone: +4917684526865
Managing director: Nina Kiwit, Manuel Kraus
These Terms of Use apply to the use of the mobile app “MindAhead Active App” (hereinafter also “MindAhead App”) offered by us, company MindAhead UG, Mühlenstraße 8a, 14167 Berlin (hereinafter also “MindAhead UG”) and to the contracts concluded between you (hereinafter also “User”) and us via the MindAhead App.
The language available for the conclusion of the contract is exclusively German. Any translations of these Terms and Conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall prevail.
These GTC shall come into force for all users as of 01 September 2023. In all other respects, the GTC as amended from time to time shall apply. We reserve the right to make changes or additions to the information provided without prior notice. A liability of MindAhead UG does not arise from this. You can find the current GTCs at any time on our homepage or in the app.
General
MindAhead Active is an interactive mobile app for independent use by patients with mild cognitive impairment or mild dementia. It is an evidence-based, personalized therapy that consists of value-based behavioral activation and focuses on increasing cognitive, physical, and social activities. It is adapted to the cognitive state of patients with mild cognitive impairment and mild dementia. The MindAhead app is a CE-marked medical device.
The MindAhead App is intended to be a building block within a holistic therapy or treatment. Therefore, the MindAhead App can be used as an adjunct to therapy, with corresponding proven indications. However, the MindAhead App cannot replace medical treatment. Therefore, please always consult a qualified physician.
Anyone who downloads the app and enters into a contract by registering is considered a user. The following General Terms and Conditions apply exclusively to the business relationship between MindAhead UG and the user. Any deviating terms and conditions of the customer are expressly rejected.
Applicable law
This contract and all disputes arising from or in connection with this contract shall be governed by the laws of the Federal Republic of Germany. The place of jurisdiction is Berlin. Should any provision of these Terms of Use be invalid, this shall not affect the validity of the remaining provisions.
CE marking
The MindAhead Active App is a Class I medical device according to the European Medical Device Regulation (MDR).
Data protection
The processing of your personal data when using the MindAhead App is governed by the Privacy Policy of MindAhead UG. You can find the current version of this on our website at: https://mindahead.info/datenschutz/
Conclusion of contract
When you use our services, a contract is concluded. You may only use the MindAhead app if you have reached the age of 18. If the user does not have unlimited legal capacity, he must act with the express consent of his legal representative. There is no right to be admitted to the registration.
Our service
The MindAhead App is an interactive application for independent use by users with mild cognitive impairment or mild dementia. The MindAhead app contains information and methods for behavioral activation for a healthy brain. This includes instructions for physical, social and cognitive activities to help users develop a healthy lifestyle.
Once registered, your password protected You will receive a therapy session every 1-3 days, which always includes both an activating component (cognitive, social, or physical) and an informative component. The app should be used at least 1-2 a week. Daily usage time is approximately 5 – 30 min.
The user can be regularly reminded by the MindAhead app to use certain content with the help of so-called mobile notifications via the terminal device.
MindAhead adapts to the user’s individual needs and limitations by asking the user questions while using the app, but also automatically capturing usage behavior. This individualization includes content for behavioral activation training, including cognitive tasks, physical activity, and social participation in everyday life.
Property rights and copyright
The user is granted a simple and non-transferable right to use the app. The user is thus permitted to use the services without the intention of making a profit within the framework of the contractual provisions. In particular, the distribution or making available to the public of the copyrighted content and services of the MindAhead App is not permitted.
App stores and user account
The MindAhead app can be obtained from the App Store and the Google Play Store. The respective terms and conditions of Apple and Google apply according to the operating system of your end device.
When you complete your registration, we create a user account for you. Your data will be stored in your user account. You can thus always change your end device without losing your previous entries and progress. We ask you to choose your e-mail and password for access carefully and not to reveal it to anyone in order to protect your user account. If you lose your access data or notice any misuse of your user account, please inform us immediately in writing.
Liability
We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the compliance with which you as a user may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. The same applies to breaches of duty by our vicarious agents.
The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under mandatory statutory provisions, in particular under the Product Liability Act, shall remain unaffected.
Right of withdrawal
As a consumer, you have a right of withdrawal in accordance with the following instructions. A consumer is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to his commercial nor his independent professional activity.
You have the right to revoke this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must send us
MindAhead UG, Mühlenstraße 8a, 14167 Berlin, Germany
Email: info@mindahead.de
by means of a clear declaration (e.g. a letter or email sent by post) about your decision to revoke this contract.
Breaches of contract
MindAhead UG reserves the right to terminate the contract without notice in the event of suspected misuse or material breach of contract. Claims for damages remain unaffected by this.