Terms of use

Terms of use for the "chargeyourmind App".

between
chargeyourmind GmbH
Giesenheide 40, 40724 Hilden
(hereinafter "chargeyourmind")and the users (hereinafter "Users")

§ 1 Purpose and subject matter, scope of application

These terms and conditions apply to any use of the smartphone app chargeyourmind (hereinafter App or Service), which can be installed via the Apple App Store and Google Play Store. The use of the App is enabled within the European Union. The Service is available in German language. The use of the App is made possible exclusively for consumers. The user is a consumer insofar as the purpose of the uses or services cannot be predominantly attributed to his commercial or independent professional activity. The app offers users the opportunity to exchange information anonymously on any topic (so-called chat function). A reward can be earned for answering a question. These Terms of Use govern the legal relationship between chargeyourmind and the user without creating a contractual relationship between the parties. In particular, no contractual relationship arises between chargeyourmind and the user solely on the basis of the use of the app or on the occasion of registration as a user of the app.

§ 2 Definitions

App means the application provided by chargeyourmind, which can be run on smartphones with the iOS and Android operating systems. Topic means a question on a certain topic submitted by the user to the service. TopicCoins are a virtual currency. TopicCoins can be used to reward answerers. User means any natural or legal person who uses telemedia, in particular to obtain or access information. User Profile means functions in the App that enable the management of the User's inventory data. Access to the App requires that a valid User Profile exists. Consumer means any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. In contrast, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities. A merchant is a person who conducts a commercial business. Distance contracts are contracts between the provider and a user where the user is a consumer and where the provider or a person acting in his name or on his behalf and the user exclusively use means of distance communication for the contract negotiations and the conclusion of the contract, unless the conclusion of the contract does not take place within the framework of a distribution or service system organized for distance sales.

§ 3 Functions of the app

a. Question and answer function
As a user you can open a topic and exchange information with other users. Furthermore, you can leave a message for an already existing topic.

b. Registration and login
As a user, you can register with the Service with a username, email and password and then create a user profile. After completing the registration, the Service will verify the email address by sending an email to the email address specified in the user profile. When you have successfully completed the registration process, you can log in to the Service with your username and password.

c. Create topic
Eingeloggte Benutzer können beliebige Topics erstellen, wobei neben einer Zusammenfassung eine Beschreibung und Stichwörter (sog. Keywords) eingetragen werden können.

d. Join a topic
Any user can search topics using the app's search function and join the respective topic. After joining, the user can read all the answers to the topic.

e. Create answer
After joining a topic, the user can create replies.

§ 4 Ownership of content, obligations of the user

The user is informed that the use of the app constitutes a processing of personal data, which may only be carried out in accordance with applicable data protection law. More detailed information can be found in the privacy policy. The user grants chargeyourmind a simple, generally unlimited right of use to any content transmitted to the app (such as photos and graphics, profile texts, messages) for the purpose of making this content available in the service. This right of use ends with the termination of the membership or the deletion of the user profile, without the need for a separate notice of termination. The user shall not receive any remuneration for the granting of the simple right of use. Before contacting other users, the user is responsible for checking whether they agree to receive messages or whether there are indications that they do not wish to be contacted. Any use of the app that violates applicable law or morality or that impairs the legal interests of chargeyourmind or third parties is not permitted. The user is obligated to observe data protection and the protection of minors. In particular, the user is advised that any use that violates applicable data protection law, the personal rights of third parties, copyright or other protective rights of third parties or criminal law provisions is prohibited. In particular, no third-party photographs may be reproduced without the consent of the authorized user. The app is protected by copyright as a software program. The app may be executed on smartphones after downloading. Apart from this, editing, duplication, publication or other exploitation within the meaning of copyright law is prohibited, unless legal permission exists in accordance with §§ 69a ff. of the German Copyright Act (UrhG). The user may only upload image material if he is authorized to do so (e.g. because he is its photographer or author or because he has been granted permission to do so by a third party). The use of technologies which place a considerable strain on the availability of the Service beyond the usual extent, which are suitable for overcoming technical barriers and protective devices of the Service, or which otherwise impair the security and availability of the Service, or which spy out, intercept, read, suppress or change exchanged data without authorization, is prohibited. Any use of the service which is considered to be detrimental to the interests and reputation of chargeyourmind, or which is clearly contrary to the interests of chargeyourmind, or which in any other way disseminates or makes publicly accessible insulting, defamatory, anti-constitutional, violence-glorifying, racist, xenophobic, sexist or pornographic content, or which involves the dissemination of ideological, party-political, immoral or commercial content or advertising, shall be prohibited. Every user who has received an access code and/or an access password for access to the service is obliged to treat this information confidentially. Passing on access data to third parties is prohibited. The User shall observe the generally applicable security standards whenever using the Service. He shall regularly install available security updates on his mobile device. The user is obligated to immediately check any security problems, errors or warning messages that become known and to take appropriate remedial action.

§ 5 Voluntariness of the provision of services, reservation of revocation

The operation of the service is voluntary. The granting of the functions and services described under §§ 3 ff. is at the free discretion of chargeyourmind. Even in the event of repeated unconditional granting, there is no legal claim to granting for the future. In particular, chargeyourmind reserves the right to change the operation of the service in the future or to discontinue it partially or completely without prior notice. The provision of the service is offered within the framework of the respective existing technical and operational possibilities. Interruptions and impairments such as those due to network failures, power outages, events of force majeure, necessary technical maintenance measures cannot be ruled out. chargeyourmind strives for 99% availability of its systems. However, chargeyourmind does not grant any claim to the actual availability or suitability of the service for any purpose. The permission granted to a user to use the service may be revoked or restricted at any time for factual or important reasons. The revocation or restriction is exercised by written, textual or verbal declaration of a company representative appointed for this purpose. In the event of good cause, chargeyourmind will immediately delete the user profile and prohibit future registration if there is a risk of repetition. The stored data is also affected by the deletion, insofar as the important reason also extends to this data. The user's legal rights to data portability are guaranteed in accordance with the statutory provisions.

§ 6 Right of withdrawal for distance contracts

If the user concludes a distance contract with chargeyourmind, the following paragraph (cancellation policy for community participation) applies if the user is a consumer.

Cancellation policy

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (chargeyourmind GmbH, Giesenheide 40, 40724 Hilden, phone number +49 (0) 2103-7892817, e-mail: kontakt@chargeyourmind.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.

Sample cancellation form

(If you want to cancel the contract, please fill out and return this form).

To chargeyourmind GmbH, Giesenheide 40, 40724 Hilden, phone +49 (0) 2103-7892817, E-Mail: kontakt@chargeyourmind.de:

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

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Ordered on (*)/received on (*)

--.--.---- / --.--.----

Name of the consumer(s)

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Address of the consumer(s)

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Signature of the consumer(s) (only in case of notification on paper)

Date

--.--.----

Expiry of the right of withdrawal

The right of withdrawal expires if the Provider has fully performed its contract-related services and has only begun to perform its contract-related services after the User has given its express consent to this and at the same time confirmed its knowledge that it loses its right of withdrawal upon full performance of the contract by the Provider.

§ 7 Prices of TopicCoins

The costs of the TopicCoins result from the respective price tables, which can be accessed under the heading of the same name in the app. Unless otherwise specified, all prices include the applicable statutory value added tax.

§ 8 Final provisions

Contracts between chargeyourmind and the user are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected. The data formats of chargeyourmind are generally not compatible with the digital content of other programs; consequently, the data transmitted to chargeyourmind cannot be exported and then directly imported into another program. However, upon request, chargeyourmind will provide the user with the transmitted data in CSV format. The invalidity of individual provisions of this agreement shall not result in the invalidity of the remaining provisions. The invalid provision shall be replaced by the legally permissible provision that most closely approximates the economic intent of the invalid provision. The same shall apply in the event of a contractual loophole.