Mimi Hearing Test App
The Mimi Hearing Test App is offered and provided by Mimi Hearing Technologies GmbH, Boxhagener Str. 82, 10245 Berlin (Germany), registration number HRB 155320 B (German commercial register), VAT ID DE294248587, hereinafter referred to as “we” or “Mimi”. You can contact us by sending an e-mail to email@example.com or by calling us at +49 (0)30 20236420-0.
1. Scope of application
1.1. These Standard Terms and Conditions apply to the download and use of our Mimi Hearing Test App, hereinafter referred to as “Mimi App”. The Mimi App is a mobile application with which you can complete a hearing test to learn about your hearing availability. After completing the test, you receive individualized results about your hearing. When taking multiple hearing test over time you can access all historic assessments and you can download the results as PDF. Using the hearing test on the iOS operating system you can also connect the Mimi App to the Apple Health and export your audiogram.
1.2. These Standard Terms and Conditions apply if you download and use the Mimi App as a consumer, i.e. predominantly for purposes outside your trade, business or profession.
2. Conditions of use, order process, conclusion of contract
2.1. A prerequisite for the use of the Mimi App is a mobile device, i.e. a smartphone or tablet, with the operating system iOS or Android. iOS 13 and Android 5 are needed to be able to install and use the Mimi App. The Mimi App can be downloaded from the Apple App Store and the Google Play Store.
2.2. After you have downloaded and installed the Mimi App on your device, you will be given the opportunity to read the Standard Terms and Conditions. You must confirm that you have read the Standard Terms and Conditions and that you accept them. If you do not accept the Standard Terms and Conditions, you cannot use the App. Your acceptance of the Standard Terms and Conditions creates a legally binding contract between you and us.
2.3. We will not store the text of the version of our Standard Terms and Condition you have accepted. If you would like to keep a copy of the Standard Terms and Conditions you have accepted, please download them during the installation process.
2.4. We may also ask you for any necessary privacy consents.
2.5. You may cancel the set-up process at any time and resume it later.
3.2. You must provide your email address to create an account. We will send a verification link to the email address you provide. If you do not verify your email address within 7 days, we will delete your email address and all other data you have provided in connection with the account creation, and you will have to start the account creation process over.
3.3. If you create an account after you have taken one or more hearing tests without an account, once you have verified your email address and your account creation is complete, your hearing test(s) will be linked to your account.
3.4. When you have an account but take a hearing test without logging in to your account, e.g. when you use the Mimi App on a different device, you can merge the hearing tests and the data connected to it with your existing account.
3.5. The account is personal and non-transferable. The information provided when creating and using an account must be true, up to date, complete and accurate, and must be maintained accordingly.
3.6. It is prohibited to transfer access data and share an account. Access data for an account must be kept secure and inaccessible to third parties. If you suspect that your account access has been compromised, please contact us (firstname.lastname@example.org) immediately. Otherwise, we will attribute any activity that occurs via an account to you.
4. Right of Revocation
4.1. As a consumer, you have a right of revocation in accordance with the statutory provisions if you use the Mimi App with an account.
4.2. Your right of revocation is governed by the following notice of the right of revocation:
Notice of the right of revocation
(a) Right of revocation
You have the right to revoke this contract within fourteen days without giving any reasons.
The revocation period is fourteen days from the day on which you received the Mimi App.
To exercise your right of revocation, you must inform us by making an unambiguous declaration (e.g. a letter sent by post, or an email), of your decision to revoke this agreement. For this purpose, you may use the following sample revocation form, but are not obliged to do so:
Sample revocation form
To Mimi Hearing Technologies GmbH, Boxhagener Str. 82, 10245 Berlin (Germany):
I hereby revoke the contract I entered into on the use of the Mimi App dated [insert date on which you agreed to the Standard Terms and Conditions]
Name of the consumer: _______________
Address of the consumer: _______________
Signature of the consumer (only for notifications of revocation in paper form):
In order to observe the revocation period, it is sufficient that you send the notification that you are exercising your right of revocation before the revocation period expires.
(b) Consequences of a revocation
If you revoke our contract, we must return to you all the services which we have received from you without undue delay and at the latest within fourteen days of the date on which we received notification that you are revoking our contract. We will do this by deleting the data in our possession and confirming this deletion to you. We may refuse to carry out this deletion until you have deleted the Mimi App from your devices.
You must delete the Mimi App from your devices and cease all use thereof without undue delay, and in any case no later than fourteen days from the date on which you notify us of your revocation of our contract.
– End of notice of the right of revocation –
5. Updates and changes to the Mimi App
5.1. We will provide necessary updates for the Mimi App from time to time, e.g. security updates or technical updates necessary for an undisturbed operation of the App. You alone are responsible for installing due updates for the Mimi App. If you do not install due 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 of due updates within the Mimi App.
5.2. Besides updates, we reserve the right to change individual functionalities of the Mimi App, in particular to extend, limit or discontinue these, or to change the user interface of the Mimi App, while taking reasonable account of your interests, if there is a valid reason for such a change, such as a necessity 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 regarding hearing, new regulatory requirements, or another important operational reason. You will be informed of such changes within the Mimi App.
5.3. We may be required to discontinue the support of an old version of the Mimi App due to regulatory requirements. You may continue to use the Mimi App by switching to the most recent version of the Mimi App.
6. Your obligations as a user and non-medical use
6.1. You must comply with applicable laws when using the Mimi App and must not violate the rights of third parties. Otherwise, we are entitled to block your use of the Mimi App and delete all data you have stored in the Mimi App.
6.2. You may use the Mimi App for your own private purposes only. Any commercial use is prohibited. In particular, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Mimi App or such software, without prejudice to your rights to make a back-up copy of such software pursuant to Section 69d (2) of the German Copyright Code or to decompile the software pursuant to Section 69e of the German Copyright Code.
6.3. We do not provide medical advice and diagnosis through the Mimi App. The provision of medical advice and diagnosis is the responsibility of your physician or other medical or qualified healthcare professionals. The Mimi App itself is not intended to be used for diagnostic or therapeutic purposes. The Mimi App (including any content supplied within the Mimi App) is not intended to be used in place of the advice and visit of or a call or consultation with your physician or other healthcare professionals. Should you have any health-related issues or questions during or after your use of the Mimi App, please contact your physician or other healthcare professional. The Mimi App does not constitute or create a doctor-patient, therapist-patient or other professional relationship between you and us.
The Mimi App is intended to provide audiometric hearing screenings as support for decisions in relation to the medical diagnosis of hearing health including hearing impairment and hearing-related disorders. The device provides guided instruction for self-administered air-conduction testing by the consumer in a quiet or sound-controlled environment. By increasing access to hearing screening when compared to traditional audiometry, the use of the Mimi App may lead to earlier self-referral for comprehensive medical diagnostic evaluation of hearing status by a qualified health professional.
7.1. Your statutory rights apply in case of defects in the Mimi App or other lack of conformity.
7.2. If you suffer losses or damages caused by simple negligence on our part, we are liable only to the extent that the loss or damage is typical to the contract and forseeable at the time of conclusion of the contract, i.e. which we foresaw as a possible consequence of a breach of contract at the time of the conclusion of the contract or which we should have foreseen by exercising due diligence. Furthermore, indirect damages and consequential damages which arise due to defects of the Mimi App will only be compensated if such damages could be typically expected.
7.3. The limitation of liability above does not apply
– in case of intentional or grossly negligent conduct,
– in case of death or physical injury,
– if we have fraudulently concealed a defect,
– in case a material contractual obligation has been violated, i.e. the obligation to provide the Mimi App in due time and without defects that impair functionality or usability more than insignificantly;
– to claims under the German Act on Liability for Defective Products and under the law governing medical devices
7.4. We are not liable in the event of improper use of the App.
7.5. The above limitation of liability applies to the same extent for the benefit of our corporate bodies, legal representatives, employees and other vicarious agents.
8.1. You may terminate the contract with us at any time by uninstalling the Mimi App or by contacting us. If you do so, you can no longer use the Mimi App or retrieve the data and information stored in the Mimi App. Any statutory right to receive content other than personal data, which was provided or created by you when using the Mimi App, remains unaffected.
8.2. Uninstalling the Mimi App will not terminate an account you may have with Mimi. If you wish to terminate your account, you can do so via the settings in the Mimi App or in Mimi’s Account Portal on the web.
8.3. We may terminate the contract if we have a valid reason for this by giving you a reasonable prior notice in the App or by email, taking into account your interest in using the Mimi App. Reasons for a termination on our part may be that we discontinue the 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 by a new product like the Mimi App caused by legal requirements or particularities in certain regions, or that we cannot further support the Mimi App or an old version of it due to other legal or technical reasons. If we replace the Mimi App by a similar product or if we offer a new version of the Mimi App, you will be able to keep using our services by switching to the new product or version. The notice period depends on the specific reason for the termination. It will usually not be less than two weeks.
8.4. Our right to termination for cause without notice remains unaffected.
9. Applicable law
9.1. All disputes arising from or on the basis of these Standard Terms and Conditions or the use of the Mimi App shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
9.2. Mandatory legal consumer protection provisions of the country where you have your habitual abode remain applicable.
10. Online dispute resolution and dispute resolution proceedings
10.1. The European Commission provides a platform for online dispute resolution (ODR). You can find it under http://ec.europa.eu/consumers/odr.
10.2. We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
11. Amendments of these STC
We reserve the right to amend these Standard Terms and Conditions. You will be informed of the amendments within the Mimi App or by email. Amendments which are more than insignificant and not purely beneficial for you, in particular those which affect your rights, shall only become effective if you have agreed to them.