General Terms and Conditions
Mimi Hearing Technologies GmbH
As at: 02.03.2017
§ 1 General
Provider of the internet services available at www.mimi.io (the “Website“) and the associated mobile apps (the “App“, together with the website the “Service“) is the Mimi Hearing Technologies GmbH (in the following referred to as “Mimi Hearing”, registered at the German Commercial Registry of the district court AG Charlottenburg (registration number HRB 155320B),
Neue Schönhauser Straße 19,
Phone: +49 30 922 760 88
Sales tax identification number according to § 27a Value Added Tax Act: DE294248587.
§ 2 Scope of services
Mimi Hearing Technologies GmbH has set itself the task to optimize hearing tests and hearing aids by involving partner internet applications and mobile applications.
Among other things the services identify and optimize sound frequencies which are potentially received less well by the user with the help of the smartphone or other electronic devices. The scope of services offered by Mimi Hearing must be solely understood as an extension of sound for people, it is not meant to diagnose or treat diseases or medical hearing indispositions. The technology developed by Mimi is used in its own products and services as well as by partner companies which integrated the technology of Mimi Hearing in order to optimize the sound of their products and services for the individual user.
Mimi Hearing does not offer medical services. Its products do not constitute hearing devices or other medical devices, but are solely understood as sound extensions. The usage of Mimi Hearing or its products does not replace a traditional doctor’s appointment or the purchase of a hearing device and its modification provided by a hearing aid acoustician. Please see a local hearing aid acoustician or a doctor or in urgent cases call an emergency ambulance. For medical assistance via the internet there are special rules of professional conduct and restrictions. Additional notes regarding the service description and the service itself are binding.
§ 3 Registration/Sign up
Mimi Hearing accepts this offer by sending the user after registration an e-mail together with a confirmation link to the e-mail address the user signed up with. Mimi Hearing declares the acceptance under the suspensive condition that the user clicks on the activation link given in the confirmation e-mail. This link must be clicked on in order to activate the account. If the account is not activated within two weeks the registration process will be stopped and all previously filled-in data will be deleted. By confirming the user-specific account a usage-agreement (the “Usage Agreement“) based on the terms and conditions at hand comes into existence.
There is no legal entitlement for using the services provided by Mimi Hearing. Mimi Hearing has the right to stop or deny any registration without giving any reasons.
By the time of sign-up the user must be at least 14 years old and fully contractually capable. In case of doubt Mimi Hearing is entitled to ask the individual user to submit a documentary evidence of age or contractual capability.
The user is entitled at any time to delete the data saved by him in his account on the basis of the availability of the online applications. In order to access, modify or delete the data of the user an e-mail to firstname.lastname@example.org shall be sufficient with the help of the user‘s e-mail address stored in the account.
§ 4 User fees; Means of payment
After registration the user shall be able to use part of the service for a fixed period of time free of charge. The registration for usage free of charge can only be executed once for each individual user.
Mimi Hearing demands from the user a monthly user fee (the “User fee“) for using its service. The total amount shall be based on the current list of user fees shown on the website or App. All prices do include the statutory VAT.
The user shall pay the monthly user fee by using his means of payment given in the Appstore or Playstore. The currently valid prices are displayed before the respective purchase is finalized within the App or in the Service respectively. With payment there no further costs or fees shall arise for the user.
§ 5 Cancellation policy
When signing a distance selling contract the consumer is generally entitled to make use of his right to withdraw. In the following Mimi Hearing gives information on that issue according to the statutory sample.
In case a contract for the provision of services is being signed the following model instruction on withdrawal shall be valid:
– instruction on withdrawal –
Right of withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us
Mimi Hearing Technologies GmbH,
represented by the Chief Executive officers Philipp Skribanowitz and Dr. Henrik Matthies,
Neue Schönhauser Str. 19, 10178 Berlin
Phone: +49 30 922 760 88
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.’
Model withdrawal Form:
(complete and return this form only if you wish to withdraw from the contract)
Mimi Hearing Technologies GmbH,
represented by the Chief Executive Officers Philipp Skribanowitz and Dr. Henrik Matthies,
Neue Schönhauser Str. 19,
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete where inapplicable.
– End of instruction on withdrawal –
Your right to withdraw from the contract expires prematurely if the service(s) were rendered in full already and if the services were initiated only after you as consumer have given your explicit consent and at the same time have confirmed your knowledge of the fact that you lose your right to withdraw from the contract upon our fulfilment of the contract.
§ 6 Information requirements
An extrajudicial complaint or appeal which Mimi Hearing is bound to does not exist.
Any further information regarding Mimi Hearing, the service itself, and the transaction can be found at the description of Mimi Hearing.
§ 3 AGB must be considered regarding the technical steps at signing the agreement.
At any time the user shall be able to retrieve the wording of the contract within the App under the symbol for “Settings“. Mimi Hearing itself stores the wordings of the contract and makes them accessible for the user by e-mail upon request.
During the registration process the user can modify and delete his/her information at any time.
The legally binding wording of this contract is German.
We are not obliged to any special Code of Conduct.
§ 7 Rights of use
The user’s rights are exclusively described in the terms and conditions at hand.
In general all content, information, pictures, videos, databases are protected by copyright and are ordinarily owned or licenced by Mimi Hearing.
All content of the online app must be used for private purpose only. The user must not use or duplicate any content for commercial purposes. Forwarding content is not allowed without the explicit consent of Mimi Hearing.
§ 8 User data
Mimi Hearing collects and uses data provided by the user for the purpose of processing the contracts made between the user and Mimi Hearing.
Furthermore we would like to refer to the data privacy statement which can be accessed under https://mimi.io/en/privacy/ or in the App by using the button “Datenschutz – data protection“.
Online services provided usually are available 24 hours a day. Exceptions are: back-up processes, system maintenance, system or database repair work. Mimi Hearing tries to keep these disruptions on a low level.
Liability of Mimi Hearing on damages by or in connection with the execution of contractual obligations shall be excluded. The limitation of liability shall not apply to
damages arising out of death, injury to body or health;
damages due to a neglect of duty by Mimi Hearing concerning essential contractual rights and obligations, which are absolutely necessary for a proper execution of the contract, and which might endanger the fulfilment of the contractual purpose (material contractual obligations). In that case, however, liability shall be limited to typical and foreseeable damages;
damages caused deliberately or due to gross negligence by Mimi;
liability according to the Product Liability Act;
liability in the case of the acceptance of a guarantee.
An exemption from liability as well as limitations of liability of Mimi Hearing shall also apply to the legal representatives and assistants of Mimi Hearing.
Mimi Hearing shall not be deemed liable for damages due to labour disputes and/or force majeure.
§ 11 User’s obligations
The user must use the range of services properly. In particular he is obliged to keep his username and password for the access confidential and must not pass it on to third parties. Furthermore he must not tolerate any acknowledgement regarding this information. The user will take the necessary measures to ensure confidentiality and notify the company in case of misuse or loss of this information or any suspicion of that.
The user shall be obliged to provide information properly, fully and truthfully which are needed for providing the services as well as immediately and truthfully inform us via e-mail to email@example.com on any changes of his data or, if possible, change these directly within his account.
§ 12 Blocking access / Termination of contract
In the event of suspected improper use or fundamental breach, Mimi Hearing reserves the right to pursue these operations, to take appropriate precautions, and to terminate the user’s access at a reasonable suspicion. If these suspicions can be terminated, the blocking will be cleared. Otherwise, Mimi Hearing has an extraordinary right to cancel the contract.
If the user signed a contract on services liable to fees the user may at any time terminate the contract with notice of 4 weeks to the end of the month.
The notice must be in writing (e.g. e-mail). A mere deletion of the account/app shall not be deemed sufficient. With the date of termination coming to effect, the user’s access to the online application of Mimi Hearing will be blocked.
§ 13 Alternative settlements of disputes
The European Commission provides a platform for an online settlement of disputes which can be accessed under http://ec.europa.eu/consumers/odr/. Mimi Hearing is neither obliged to take part in alternative dispute resolutions before a consumer dispute settlement commission or will do so voluntarily.
§ 14 Adjustments
Mimi Hearing has the right to change the terms and conditions towards the users with future effect at any time.
An intended modification will be sent to the users who have registered via e-mail to the last e-mail address that the user provided to Mimi Hearing. The respective change will take effect when the respective user does not object the new terms and conditions within four weeks after sending the e-mail. Sending the objection in due time shall be relevant for the compliance with the stipulated four-week period. Alternatively the intended modification may also be announced in form of an in-App message. Mimi Hearing will inform on these consequences in its respective message.
In case the user objects to the modification within the four-week period Mimi Hearing shall be entitled to cancel the contract within with immediate effect, without the user having any claims against Mimi Hearing arise. If the contractual relationship after the effective objection by the user continues, the previous terms and conditions shall remain in force.
§ 15 Final Provisions
In case individual provisions in these terms and conditions including this provision are or become invalid, or in case of gaps arising in these terms and conditions, the validity of all other provisions will not be deemed affected thereby. Instead of the ineffective provision or for replenishment of gaps an adequate provision will apply. In case this may constitute an unreasonable hardship for one of the contracting parties the contract shall become ineffective as a whole.
This contract and its interpretation are subject to the jurisdiction of the Federal Republic of Germany, to the exclusion of the Convention of the United Nations on Contracts for the International Sale of Goods. Any statutory provisions on the limitation of the choice of law as well as the applicability of mandatory laws especially by the state, in which the user as consumer has his usual place of residence, shall not be deemed affected.
Place of jurisdiction for each and any legal dispute arising from or being in connection with this contract shall be the registered office of Mimi Hearing, provided the user is a business person and to the extent permitted by and compatible with the law.