General Terms of Use for Mindable

These Terms of Use (hereinafter referred to as “Terms”) apply to the use of the mobile apps “Mindable” offered by Mindable Health GmbH, represented by managing directors Linda-Marie Weber and Eddie Rietz, Neue Grünstraße 17, 10179 Berlin (hereinafter referred to as “Mindable Health” or “we”) for individuals with anxiety disorders (hereinafter referred to as users or you). These Terms apply in the version valid at the time of the respective contract conclusion.

1. Mindable Apps

1.1 The Mindable Apps are mobile applications (apps) for Apple iPhones or Android smartphones ('devices'), which can be downloaded free of charge from the Google Play Store and the Apple App Store. Mindable Health reserves the right to offer the Mindable Apps for other devices in the future. Compatibility notes in the respective user manual are decisive.

1.2 The Mindable Apps are low-risk medical devices and comply with the relevant regulatory requirements.

1.3 The scope of the Mindable Apps, their medical purpose, usage instructions, and safety information (such as contraindications) are provided in the respective user manual.

1.4 The Mindable Apps are not a substitute for treatment by a healthcare provider (such as a general practitioner, specialist, or psychotherapist) and are not intended to provide information for diagnostic or therapeutic decisions.

2. Services Provided by Mindable Health

2.1 Mindable Health offers Mindable Apps as psychological support as described in Section 1. Activation of the Mindable Apps is subject to a fee and requires successful registration as per Section 3, downloading, and logging into the Mindable App using an activation code or access code. The costs of the Mindable Apps can be reimbursed as per Section 4.

2.2 Various content is available through the Mindable Apps, which users can go through to achieve the purpose of the Mindable Apps as described in Section 1.3.

2.3 When users use the Mindable Apps on multiple devices, data associated with their registered user account can be synchronized via the servers of Mindable Health.

2.4 Claims for services against Mindable Health are exclusively available to registered users who have received an access code or access code via one of the methods outlined in Section 4. These claims are non-transferable.

2.5 Mindable Health reserves the right to modify, expand, or discontinue certain services. Services already booked by the user are not affected. The current service description at the time of booking a paid service applies as per Section 1.3.

2.6 The services provided through the Mindable Apps are purely services. A treatment success is not guaranteed.

3. Registration

3.1 Registration requires that the user is at least 18 years old.

3.2 A valid email address must be provided during registration via the Mindable Apps.

3.3 Logging into the Mindable Apps is done exclusively through a code sent to the previously provided email address. This code must be entered into the respective Mindable App. The email containing the code constitutes an offer to conclude a user contract, and entering the code by the user constitutes acceptance. Thus, the contract is concluded.

4. Activation and Usage Duration

4.1 If activation is through an access code provided as part of a medical prescription, billing with the health insurance is automatic, and the usage duration is limited to the prescription period.

4.2 If activation is through an access code provided during purchase as a self-payer, the indicated usage duration begins with the entry of the access code.

4.3 Payment of usage fees for self-payers is made in advance via Mollie (GiroPay, Apple Pay, or credit card). Mindable Health may deactivate or terminate the service if payments are outstanding. This does not apply if usage fees are covered or reimbursed by statutory health insurance (SHI) or other health insurance providers.

5. User Responsibilities

5.1 The user is responsible for providing the necessary hardware and software as per Section 1.1, an internet connection, and possibly a telephone connection to use the Mindable Apps. Providing these elements is not part of the services offered by Mindable Health.

5.2 The user is obliged to provide all necessary information, particularly details during registration and any required payment data, completely and truthfully. The user ensures that all information provided during app use, necessary for the proper service provision by Mindable Health, is complete and accurate. The user will also keep this information current throughout the contract term.

5.3 The user is required to always use the latest version of the Mindable Apps and to promptly install updates.

5.4 The content provided in the Mindable Apps may only be used by the user for personal purposes.

5.5 Within the scope of using the Mindable Apps, the user must not engage in any unlawful activities, violate applicable laws, or misuse the Mindable Apps. Mindable Health considers the following as misuse, among others:

– Usage outside the specifications in the respective user manual or any other hazardous usage,
– Sharing access data or otherwise making Mindable App programs accessible to others.

6. Blocking Access and Termination

6.1 Mindable Health reserves the right to investigate cases of suspected misuse or significant contractual violations, take appropriate measures, and block the user's access if justified. If the suspicion is cleared, the block will be lifted. Otherwise, Mindable Health has the right to terminate the contract extraordinarily.

6.2 If the contract ends due to termination before the end of the minimum term, the user remains obliged to provide full consideration until the possible regular termination date. This does not apply if costs are covered by statutory health insurance or other health insurance providers.

7. Usage Rights for the Mindable Apps and Content / Copyright Notice

The Mindable Apps and all content that is viewed or otherwise used through the Mindable Apps are intended solely for the personal and non-commercial use of the respective user and may not be shared with third parties. During an existing prescription/usage period, Mindable Health grants the user a limited, non-exclusive, and non-transferable right to access and view the content of the Mindable Apps and to use it according to the respective instructions. Beyond this, no rights, titles, or claims are transferred to the user. The user agrees not to use the Mindable Apps for public presentations.

8. Limitation of Liability

8.1 Mindable Health is liable for intent and gross negligence in accordance with statutory provisions. For material and financial damages caused by slight negligence, Mindable Health is only liable if an essential contractual obligation has been violated. However, liability is limited to the damage foreseeable at the time of contract conclusion and typically arising within the scope of the contract. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and on whose compliance the contracting parties regularly rely. Beyond this, liability for slight negligence is excluded.

8.2 Mindable Health assumes no liability for disruptions within the network infrastructure not caused by Mindable Health.

8.3 Liability due to mandatory statutory provisions, including those of the Product Liability Act, remains unaffected.

8.4 The user is responsible for regularly backing up their data. In the event of data loss, Mindable Health's liability is limited to the effort required to restore the backups on the user's side.

8.5 The aforementioned liability limitations apply to all types of claims, including tort claims. They also apply to the legal representatives, employees, and agents of Mindable Health.

8.6 The Mindable Apps or our website may contain links or references to third-party websites over whose content we have no control. Therefore, we assume no liability for the content of external links despite careful content control. The operators of the linked pages are solely responsible for their content.

8.7 Individual differences among users and physical conditions are diverse. Each person's health depends on a variety of specific factors. Likewise, many factors influence the success of a program implemented in the Mindable App, which Mindable Health cannot control. Therefore, no guarantee for the success of an app program can be provided.

9. Reservation of Changes

9.1 The Mindable Apps are subject to continuous changes to consider scientific and technical progress. If these developments require changes to these Terms of Use, the procedure described in this clause will be followed. Furthermore, legal or regulatory requirements may also necessitate changes to these General Terms of Use.

9.2 Mindable Health reserves the right to amend or supplement these Terms of Use at any time with effect for the future if deemed necessary. For new contracts or follow-up bookings, the Terms of Use in their current version apply.

9.3 Mindable Health will inform the user of changes to these Terms of Use affecting the ongoing contractual relationship in an appropriate manner. This notification will include information about the planned changes and the user's right to object to the changes. The changes are considered accepted by the user if they do not object within six weeks of receiving the notification.

9.4 Mindable Health will not make any changes that significantly affect the contractual balance of services agreed between the user and Mindable Health, as described in clause 9.3.

9.5 In the event of a timely objection, Mindable Health may terminate the contract with the user extraordinarily and without notice. Payments already made will be refunded proportionally to the remaining term. If Mindable Health does not terminate the existing contract within two weeks following the effective objection, the previous Terms of Use will remain unchanged for that user.

10. Right of Withdrawal for Consumers Under § 13 BGB

10.1 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 the contract was concluded. To exercise your right of withdrawal, you must inform us

Mindable Health GmbH, represented by the managing directors Linda-Marie Weber & Eddie Rietz; Neue Grünstraße 17, 10179 Berlin; Email: widerruf@mindable.health; Telephone: +49 30 62923386

by means of a clear statement (e.g., a letter sent by mail or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

10.2 Consequences of Withdrawal: If you withdraw from this contract, we will refund all payments we have received from you, without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment you used for the original transaction unless explicitly agreed otherwise with you; in no case will you be charged any fees for this refund.

Special Provisions for Immediate Use:

If you have requested that the service begins during the withdrawal period, you must pay us an appropriate amount corresponding to the portion of the services already provided up to the time you informed us of your withdrawal relative to the total scope of services covered by the contract.

END OF WITHDRAWAL NOTICE

Sample Withdrawal Form:

If you want to withdraw from the contract, please fill out this form and return it.

Mindable Health GmbH, represented by the managing directors Linda-Marie Weber & Eddie Rietz, Neue Grünstraße 17, 10179 Berlin, Email: widerruf@mindable.health Telephone: +49 30 62923386

I hereby revoke the contract concluded by me for the order of goods (/provision of the following service)

Ordered on (/received on)

Name of the user

Address of the user

Signature of the user (only for notifications on paper)

Date

(*) Delete as appropriate.

11. Dispute Resolution for Consumers and Customer Service

11.1 The EU Commission's platform for online dispute resolution is accessible via the following link: https://ec.europa.eu/consumers/odr

11.2 Mindable Health is not willing or obligated to participate in dispute resolution procedures before a consumer arbitration board. However, it will make every effort to resolve a dispute promptly to avoid legal action.

11.3 Users may contact Mindable Health for questions using the following details. info@mindable.health Telephone: +49 30 62923386

12. Data Protection

The collection and use of personal data of users are carried out in accordance with the applicable data protection regulations and are detailed in the current privacy policy under Privacy Policy.

You only need to acknowledge this; it does not form part of this contract.

13. Severability Clause and Miscellaneous

13.1 Should any provisions of these Terms of Use or a future addition be entirely or partially invalid or unenforceable, or later lose their legal validity or enforceability, the validity of the remaining provisions of the Terms of Use shall not be affected. In place of the invalid or unenforceable provision, the parties will agree on an effective or enforceable regulation whose effects come as close as possible to the economic objectives pursued by Mindable Health GmbH and the user with the invalid or unenforceable provision. The preceding provisions apply accordingly if the Terms of Use prove to be incomplete.

13.2 German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and German conflict-of-law rules. If the user is a consumer and has their habitual residence in a member state of the European Union, German law also applies, while mandatory provisions of the state in which the user has their habitual residence remain unaffected.

13.3 The conclusion of the contract and the corresponding Terms of Use will be stored by us.