Terms and Conditions - Mimi Hearing Test App

The Mimi Hearing Test App (“Mimi App” or “HTA”) is offered and provided by Mimi Hearing Technologies GmbH, Boxhagener Str. 82, 10245 Berlin, Germany (hereinafter “we” or “Mimi”). You can contact us by email at info@mimi.io or by phone at +49 (0) 30 20236420-0.

1. Scope 

1.1. These General Terms and Conditions (“T&Cs”) apply to the download and use of our Mimi App. The Mimi App is a mobile application that allows users (“user” or “you”) to take a hearing test to determine their hearing ability. After completing the test, you will receive a personalized result about your hearing. If you have taken multiple hearing tests over time, you can access all previous assessments and – if available in your operating system and/or country – download the results as a PDF. 

1.2. These T&Cs apply if you download and use the Mimi App as a consumer, i.e. for purposes outside your commercial or professional activity.

2. Terms of use, ordering process, conclusion of contract

2.1. The contract of use between you and us is concluded by using the Mimi App. The Mimi App can be downloaded free of charge and used free of charge. The use of the Mimi App, in particular the performance of hearing tests, is possible with or without registration and account creation.

2.2. An account with Mimi allows you to manage your hearing test results and other information that you have provided or received with the Mimi App, other Mimi products or third-party products that use Mimi’s technology. Creating an account requires registration with your email address and a password.

2.3. You should be at least 18 years old to use the Mimi App. Minors require the consent of their parents or legal guardians. We reserve the right to request appropriate proof of your age and/or the consent of your legal guardian.

2.4. To use the Mimi App, you need a mobile device, i.e. a smartphone or tablet, with iOS 15 or higher OS compatibility. The Mimi App can be downloaded from the Apple App Store for iPhone or iPad.

2.5. After you have downloaded and installed the Mimi App on your device, you will have the opportunity to read the T&Cs. If you are asked separately to confirm that you have read and accepted the T&Cs, you cannot use the Mimi App without confirmation (e.g. by checking or ticking a box).

2.6. You can cancel the setup at any time and continue later.

2.7. If necessary in connection with the use of the Mimi App, we may also ask you for your consent to data protection.

2.8. We do not store the text of the version of our T&Cs in force at the time you downloaded the Mimi App. If you want to keep a copy of this version of the T&Cs, please download it during the installation process.

3. Mimi Account

3.1. You can use the Mimi App with or without creating an account. You can create an account at any time. If you decide to create an account, you will be asked to provide some personal data such as your email address. Information on how and for what purposes we process your personal data can be found in our privacy policy, which is available on our website and in the Mimi App.

3.2. To create an account, you will need to enter your email address, to which we will send a verification link. If you do not verify your email address within 7 days, we will delete your email address and any other data you provided in connection with the account creation and you will have to start the account creation process again. 

3.3. If you created an account after taking one or more hearing tests without an account, your previous hearing tests will be linked to your account once you have verified your email address and your account creation is complete. 

3.4. If you have an account but take a hearing test without logging into your account, e.g. if you use the Mimi App on another device, you can merge the hearing tests and associated data with your existing account. 

3.5. The account is personal and non-transferable. The information provided when setting up and using an account must be truthful, current, complete and accurate and managed accordingly. 

3.6. The transfer of access data and the sharing of an account are prohibited. Account credentials must be kept secure and inaccessible to third parties. If you suspect that your account access has been compromised, please contact us immediately (privacy@mimi.io). Otherwise, we will attribute any activity that takes place via an account to you.

4.  Mimi and other Apps 

4.1. You can connect the Mimi App to Apple Health and sync your hearing test results – if this feature is available in the respective operating system and country. 

4.2. In partner apps which have integrated Mimi technology, you have the option to select sound personalization based on your hearing tests and access your Mimi account, hearing tests, and other data, if the respective partner app provides these functionalities.

5.  Updates and Changes

5.1. We will provide necessary updates for the Mimi App from time to time, e.g. security updates or technical updates that are necessary for the trouble-free operation of the App. You are solely responsible for installing the updates for the Mimi App. If you do not install updates, it is possible that you will no longer be able to access all functions of the Mimi App or use the Mimi App. You will be informed about updates in the Mimi App.

5.2. In addition to updates, we reserve the right to change individual functionalities of the Mimi App, in particular to expand, restrict or discontinue them, or to change the user interface of the Mimi App with due consideration of your interests, if there is a valid reason for such a change, such as the need to adapt the app to a new technical environment (e.g. changed operating systems), an increased number of users, new or changed user needs, new scientific findings on the subject of hearing, new regulatory requirements or another important operational reason. You will be informed about such changes in the Mimi App.

5.3. We may have to discontinue support for an old version of the Mimi App due to legal requirements. You can continue to use the Mimi App by switching to the latest version of the Mimi App.

6. Conditions of Use 

6.1. You must comply with the applicable laws when using the Mimi App and must not infringe the rights of third parties. Otherwise, we are entitled to block your use of the Mimi App and delete all data that you have stored in the Mimi App.

6.2. You may only use the Mimi App for your own private purposes. Any commercial use is prohibited. In particular, you may not rent, lease, loan, sell, distribute, sublicense, copy, reverse engineer, decompile, disassemble, translate, modify, distribute copies of the Mimi App or this software, make available, adapt or create derivative works from the Software, without prejudice to your rights to make a backup copy of this Software under Section 69d (2) of the German Copyright Act or to decompile the Software under Section 69e of the German Copyright Act.

7. Not a medical device / non-medical use

7.1. We do not provide medical advice and diagnosis via the Mimi App, hearing tests and related services. The provision of medical advice and diagnosis is the responsibility of your doctor or other medical or hearing care professional. The Mimi Account itself and the information provided through it are not intended for diagnostic or therapeutic purposes. The Mimi App (including the content provided through it) is not intended to replace the advice or visit of your doctor or other medical or hearing care professional. If you have any health problems or questions while using the Mimi App, please contact your doctor, other healthcare professional or hearing care professional immediately. The Mimi App and the content provided through it do not establish a doctor-patient, therapist-patient or other professional medical relationship between you and us.

7.2. The Mimi App is designed to provide audiometric hearing tests as an initial indication to aid in the medical diagnosis of hearing health, including hearing loss and hearing-related disorders. The Mimi App provides guided instruction for users to perform hearing tests independently in a quiet or sound-attenuated environment. By improving access to hearing testing compared to traditional audiometry, use of the Mimi App can lead to earlier self-referral for comprehensive medical diagnosis of hearing status by a qualified physician.

8. Liability 

8.1. In the event of defects in the Mimi App or other breaches of contract, the statutory provisions shall apply. 

8.2. We shall only be liable for damages that you suffer due to simple negligence on our part to the extent that they are typical contractual damages foreseeable at the time of conclusion of the contract, i.e. damages that we foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or that we should have foreseen if we had exercised due diligence. Indirect damages and consequential damages resulting from defects in the Mimi App are also only eligible for compensation if such damages are typically to be expected.

8.3. The above limitation of liability does not apply in the following cases: 

• • in the event of willful or grossly negligent conduct;
  • in the event of death or personal injury;
  • if we have fraudulently concealed a defect;
  • in the event of a breach of a material contractual obligation, i.e. the obligation to provide the Mimi App in good time without defects that impair its functionality or usability more than insignificantly;
  • in the case of claims under the law on product liability.

8.4. We are not liable in the event of improper use of the app.

8.5. The above limitation of liability shall apply to the same extent in favor of our executive bodies, legal representatives, employees and other vicarious agents.

9. Termination

9.1. You can terminate your contract with us at any time by uninstalling the Mimi App or contacting us. If you do so, you will no longer be able to use the Mimi App or access the data and information stored in the App. Any legal right to obtain content other than personal data that you have provided or created when using the Mimi App remains unaffected.

9.2. Uninstalling the Mimi App will not result in the deletion of any account you have created with Mimi. If you wish to cancel your account, you can do so via the settings in the Mimi App or in the Mimi account portal on the web. 

9.3. We may terminate the contract if we have a valid reason to do so by giving you reasonable notice in the app or by email, taking into account your interest in using the Mimi App. Reasons for termination on our part may be that we discontinue support of the Mimi App or an old version of the Mimi App due to regulatory or other legal requirements, that we replace the Mimi App or your version of the Mimi App with a new product due to legal requirements or peculiarities in certain regions, or that we cannot continue to support the Mimi App or an old version of it for other legal or technical reasons. If we replace the Mimi App with a new or similar product or offer a new version of the Mimi App, you can continue to use our services by switching to the new product or version.

9.4. Our right to terminate the contract without notice for good cause remains unaffected.

10. Applicable Law 

10.1. German law applies to all disputes arising from or on the basis of these General Terms and Conditions or the use of the Mimi App, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

10.2. Mandatory statutory consumer protection provisions of the country in which you have your habitual residence remain applicable.

11. Online dispute resolution and dispute resolution procedure

11.1. The European Commission provides a platform for online dispute resolution (OS). You can find it at http://ec.europa.eu/consumers/odr/.

11.2. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Changes to these T&Cs / price adjustment

12.1. We reserve the right to change these T&Cs. You will be informed of significant changes in the Mimi App or by email. Significant changes that are not only beneficial to you, especially those that affect your rights, will only take effect if you have agreed to them. If you do not agree to them, we may terminate the contract with you and you will no longer be able to use the Mimi App.

12.2. Mimi strives to provide our hearing test apps free of charge. However, there may be occasions where we need to introduce a pricing model. We reserve the right to make adjustments to the cost of our products at any time, either globally or in specific regions, or for certain features within the app. You will be informed of this in advance in the Mimi App or by email. If you do not agree to the price increase within the reasonable period of time, you can object to this within a further reasonable period of time. In this case, we may terminate the contract with you and you will no longer be able to use the Mimi App.

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    Information on the right of withdrawal

As a consumer, you have a right of withdrawal in accordance with the statutory provisions if you use the Mimi App with an account. Your right of withdrawal is governed by the following information on the right of withdrawal:

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you downloaded the Mimi App and installed it on your device.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You can use the following sample withdrawal form, but you are not obliged to do so:

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from the contract, we are obliged to reimburse you for all services we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. We will do this by deleting the data in our possession and confirming this deletion to you. We may withhold the deletion until you have deleted the Mimi App from your devices.

You must delete the Mimi App from your devices immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract and discontinue use.

– End of the instruction on the right of withdrawal –