General Terms and Conditions
The following General Terms and Conditions provide the legal framework for using the 7Mind App and 7Mind Website.
BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.
Therefore please carefully read these General Terms and Conditions.
Last revised: November 2024
1. Applicability
1.1 Contract partners and contract subject matter
These General Terms and Conditions provide the basis for the user agreement resulting between you and us, 7Mind GmbH, Ritterstr. 12, 10969 Berlin (hereinafter “Us” or “We”). The contract subject matter is the free or paid use of services offered by Us on the 7Mind App (hereinafter individually referred to as an “7Mind Service” or, collectively, as the “7Mind Services” or, generally, “7Mind”).
1.2 Additional terms and conditions
We reserve the right to make your use of certain 7Mind Services subject to additional terms and conditions. We will notify you before using such additional terms and conditions.
If you use 7Mind Services via the 7Mind App and you have downloaded the 7Mind App from the app store of a third party, the general terms and conditions and/or terms of use of the app store will apply in addition to these General Terms and Conditions. In case of the iTunes store, such terms include, for example, the “End User License Agreement for Licensed Applications” (which you will find at http://www.apple.com/legal/internet-services/itunes/ww/). You will find the terms of use for Google Play, for example, at https://play.google.com/intl/de_de/about/play-terms.html. Please be sure to review the terms of use that apply in your country.
In the event of any conflicts, these General Terms and Conditions will prevail.
2. Health Requirements
You will use the 7Mind Services at your own risk.
Anytime you use the 7Mind Services you must be in good health. If you have any known preexisting illnesses or health conditions, please first consult a physician before you begin to use the 7Mind Services.
3. Participation Requirements
To open a user account and to use the 7Mind Services you must be at least 18 years old and have full legal capacity.
By entering into a contract with Us you represent that you have no other user account with Us and that your user account has not been suspended or terminated in the past due to violations of our General Terms and Conditions. In such cases We will not enter into another or new user agreement with you. You also represent that all information provided by you during the registration process is true and complete.
4. Conclusion of Contract, User Account
4.1 Registration process
To use the 7Mind Services, you must first register and open a user account. You can open a user account directly through the 7Mind App or on the 7Mind Website. When you register We will ask you to accept these General Terms and Conditions and our Data Privacy Policy.
How a user agreement will be concluded depends on how you first register and whether you sign up for any additional, paid services.
4.2 Registration via mobile apps
If you want to register through the 7Mind App, a user agreement will result according to the rules of your app store. As a general rule, a binding contract will result at the moment you click on the “Install” button in the store and you enter your password. To use the 7Mind Services, you must however still open a user account through the 7Mind App.
4.4 Conclusion of contract for paid subscription
You can activate additional services by purchasing a paid subscription. If you purchase additional services through your 7Mind App, a subscription agreement will result when you click the “Buy Now” button during an in-app purchase or a comparable button and when you have entered your password for the App Store, if required.
4.5 Correction of input errors
If you wish to purchase a subscription on our website https://www.7mind.co.uk/terms, you may cancel the transaction at any time. You can also correct any input errors until you have successfully input your payment information.
If you want to purchase a subscription by in-app purchase through your 7Mind App, you will pay for the service through the account with your app store. Therefore please contact your app store if you want to correct any input errors.
5. Contract Term
5.1 User agreement
The user agreement between you and Us that results when you open a user account will remain in effect for an indefinite term and will terminate with immediate effect when you delete the 7Mind App.
5.2 Subscriptions
Our subscriptions have different minimum contract terms.
Our monthly subscription model has a minimum contract term of one month.
If you select the yearly subscription model, we offer access to the 7Mind Services on a free trial for seven days ("Free Trial"). You are required to enter your billing information in order to sign up for the Free Trial. If you enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired and you have moved on to the yearly subscription. You may terminate the subscription during the Free Trial at any time by changing the settings in the third-party app store, if you purchased the subscription via a third party app store, or by notifying us at [email protected], if you purchased the subscription via our website. On the day after the last day of the Free Trial period, unless you have terminated the Subscription, you will be automatically charged the applicable price for the yearly subscription model. Unless otherwise specified by us, these terms shall apply to the Free Trial. At any time and without notice, we reserve the right to (i) modify the terms of service of the Free Trial or (ii) cancel the Free Trial.
All subscriptions will be automatically renewed for the time period of the selected minimum contract term until either you or We terminate the subscription in accordance with clause 7. You may however opt out of the automatic renewal of your subscription at any time by choosing the appropriate settings in the account with your app store.
6. Right to cancel
If you are domiciled in the United Kingdom and have purchased our services via our website, and entered into a subscription agreement, you will have the right to cancel your purchase and receive a refund of what you paid for it. If you have a right of cancel, please read the following information about how you can exercise this right and what cancellation will mean for you.
If you have purchased our services via a third party app store, please refer to the terms of such third party app store on your right to cancel and how to exercise it.
6.1 Information about cancellation
If you have a right to cancel, this right will come into existence as soon as you enter into a subscription agreement with us.
You may revoke the contract within 14 days of the contract date for any or no reason, in which case the contract will be unwound.
6.2 Consequences of cancellation
If you cancel the contract, the contract will be unwound. You will receive a refund for any payments you have already made for the cancelled contract. We will issue the refund at the latest 14 days after We receive your notice of cancellation. The refund will be made by the same method you used for the original transaction, unless We expressly agree otherwise with you.
If you have requested that services begin during the notice period for cancellation, you must compensate Us in a reasonable amount for any services you have already received. This will be a prorated amount of the total amount due for the booked service, based on the time period from the start date of service until the date you provide Us with notice of cancellation.
6.3 Standard form for notice of cancellation
You may use the following form for your notice of cancellation.
Please be sure to always tell Us which 7Mind service you wish to cancel. You can simply send Us an e-mail to
feedback@7mind.de
You can also mail your notice of cancellation to the following address:
7Mind GmbH
Ritterstr. 12
10969 Berlin
You can copy and paste into an e-mail or print out the following text for your notice of cancellation:
I/We () hereby cancel the contract for the purchase of the following product ()/the following service () made by me/us():
Ordered/received on ()
Name of consumer (…)
Address of consumer (…)
Signature of consumer (…)
Date
() please delete inapplicable alternative
7. Termination
7.1 User agreement
You may terminate your user agreement at any time for any or no reason.
To do so, you must send Us an e-mail to [email protected] or terminate your agreement in the personal user area accessible at www.7mind.app/manage-subscription yourself, so that We can erase your user data. Please note that after your user account has been terminated all content and training data will or may be erased by Us and you will no longer have access to content you have already purchased.
If at the time you terminate your account you still have a valid subscription, any amount you may already have paid for the subscription will not be refunded – either in whole or in part.
We have the right to terminate the user agreement for any or no reason in text form with two weeks’ prior notice, however not before the end of the minimum contract term or the end of the applicable renewal term of your subscription.
7.2 Subscriptions
You may terminate your subscription at any time for any or no reason effective as of the end of the minimum contract term or the end of the applicable renewal term. The termination by the user can be declared by e-mail to [email protected] or in the personal user area accessible at www.7mind.app/manage-subscription themselves.
Subscriptions purchased by in-app purchase must be terminated by changing the appropriate settings in the app store where you bought the subscription. If your subscription fee is collected by iTunes, We ask, notwithstanding the above, that for technical reasons you comply with a notice period of 24 hours to the end of the minimum contract term or the end of the respective renewal term. After termination of your subscription your user account and any other subscriptions will continue unless and until you also terminate such additional subscriptions.
Current in-app subscriptions cannot be terminated during the contract term.
We have the right to terminate any subscription at the end of the minimum contract term or the end of the applicable renewal term by providing you with two weeks’ prior notice in text form.
7.3 Termination for material breach
Irrespective of the foregoing provisions, either party has the right to terminate contracts for material breach of contract. In particular, We have the right to terminate the user agreement or your subscription with immediate effect and to end your user account if you have seriously or repeatedly breached provisions of the user agreement or if you are behind with payment despite demand.
8. 7Mind Services
You may download and use the 7Mind App free of charge. You will receive access to all available exercises as part of a paid subscription.
When you download and use the 7Mind App, in particular through third-party networks or in other countries, you may incur transmission charges of your Internet service provider.
We strive to provide you with uninterrupted operation of the 7Mind Services and to make those services available as continuously as possible. We advise you however that full or uninterrupted availability is technically impossible, and We make no warranty for uninterrupted operation or any particular availability.
Our applications are continuously updated and adjusted for your security and for the stability of our applications. As a result, system requirements may change. We assume no obligation to make available to you any application (such as the 7Mind App) that will be functional on your terminal device at all times, if functionality on your terminal device should be limited by technological changes. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the 7Mind Services.
We reserve the right to change our business model at any time and, for example, to provide any or all 7Mind Services only in exchange for payment. You will then have the option to decide whether you wish to continue using the 7Mind Services in exchange for payment or stop using the 7Mind Services. Any such changes will have no effect on existing subscriptions until the end of the contract term.
Our understanding of human health is evolving on a continuous basis. This may affect how exercises are evaluated. Even though our exercises are based on current studies and findings, We make no guarantee that our exercises are in conformity with current research results or findings.
Please note that you may need certain tools or equipment to be able to fully use some 7Mind Services. Such tools or equipment are not part of the 7Mind Services and, if needed, must be purchased separately by you at your own cost.
9. Rights and Obligations of the User
9.1 The 7Mind Services are offered exclusively to consumers. This means you may not use the 7Mind Services for business or other commercial purposes.
9.2 In return for your agreeing to comply with these Terms you may:
download copy of the App on the personal devices and view, use and display the App and the Service on such devices for your personal purposes only;
use any documentation we provide to support your permitted use of the App and the 7Mind Services; and
receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
9.3 You may not allow any third parties to use your user account, and you are not permitted to
use paid services simultaneously on multiple terminal devices, unless such use is expressly permitted under the terms of the offered service;
allow any third parties to access or perceive the 7Mind Services, e.g., an undefined group of people by using the services in a public area (e.g., movie theaters, theaters, exhibitions, showrooms, hotels, bars, restaurants, or other public areas);
make accessible or transfer to any third parties access data transmitted or used for authentication or identification purposes;
circumvent any access control systems for paid services or take any other action to use services without authorization;
use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by introducing into our IT systems any viruses, worms, Trojan horses, or other malware that may jeopardize or impair the functionality of the 7Mind Services;
transfer or assign any rights or obligations under your contract with Us to any third parties;
infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the App or any Service;
use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective, is not used to create any software that is substantially similar in its expression to the App, is kept secure, and is used only for the Permitted Objective; or
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
9.4 When using the 7Mind Services you must also comply with the terms of contracts with third parties, in particular contracts with the app store or your Internet service provider.
9.5 To guarantee smooth communication with you, We ask that you include our e-mail address in the list of trusted senders at your email provider.
Prices and Payment Terms
10.1 Prices
Our prices differ from country to country and depend on the subscription model you decide to purchase. If you decide to purchase a subscription via our app, the price that counts for you will be shown in the 7Mind App.
Please check the website third party appstore for current prices/subscription models and for available services. All quoted prices are exclusive of applicable value-added tax.
If you purchase a subscription via our website, the applicable price will be shown at https://www.7mind.co.uk/prices .
We reserve the right to change prices at our sole discretion. Any price changes will however have no effect on subscriptions you have already purchased.
10.2 Collection of fees
Fees for a subscription are collected in advance for the applicable minimum contract term when the subscription agreement is concluded. If the subscription is automatically renewed, the fee will be collected in advance at the beginning of the applicable renewal term. Different terms apply if the subscription fee is collected through iTunes; in that case, the fee will be collected already 24 hours prior to the beginning of the applicable billing period.
10.3 Payment methods
If you book paid 7Mind Services by in-app purchase, you will be charged by the app store. Please inquire with the app store which payment methods are available to you. If you book paid 7Mind Services on our website https://www.7mind.co.uk/prices, you will be shown a list of currently accepted payment methods during the ordering process from which you may choose. If payment is declined for reasons for which you are responsible (e.g., because the amount paid is not covered by funds in your account or because the limit of your credit card has been exhausted), we may charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
We reserve the right not to offer certain payment methods and to refer you to other payment methods if there is a valid reason for doing so.
10.4 Payment default
We reserve the right to pursue additional remedies that may be available to Us as a result of your payment default.
10.5 Coupon codes & promotions
To redeem your coupon either (a) apply the code to your order in your cart or (b) your code may be applied automatically in the cart.
Any coupon code cannot be applied to past orders retroactively, cannot be used in conjunction with other discounts or coupon codes and may only be applied to one order.
We may at our absolute discretion restrict who may enter into promotions for any reason.
11. Responsibility for Content and Services
11.1 No responsibility for third-party content or services
The 7Mind Services may include links to websites or apps of third-party providers. In some cases, content made available by third parties may be shown or the 7Mind Services may enable you to use additional services of third parties. We strive to design our applications in such a way that this will be readily apparent to you. All content and/or services of third-party providers are subject to the applicable terms, conditions, and rules of such third-party providers. We hereby expressly disclaim any responsibility or liability for content or services of third parties. You are personally responsible for making sure that you do not violate the terms and conditions of such third-party providers.
12. Warranties
We make no representations or warranties that by using the chosen 7Mind Service you will reach your training goal or achieve any other results.
13. Liability
13.1 General provisions
The user is obliged to take all measures to minimize any damage as far as possible. They are obligated to heed our health notices in Section 2.
13.2 Liability for foreseeable loss
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
13.3 Not excluded Liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
13.4 Business Losses
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5 Limitations to the App and 7Mind Services
The App and the 7Mind Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the 7Mind Services. Although we make reasonable efforts to update the information provided by the App and the 7Mind Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
13.6 Suitability
Check that the App and the 7Mind Services are suitable for you. The App and the 7Mind Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the 7Mind Services (as described on the appstore site and in the Documentation) meet your requirements.
13.7 Events outside our control
We are not responsible for events outside our control. If our provision of the 7Mind Services or support for the App or the 7Mind Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any 7Mind Services you have paid for but not received.14. Licensed Rights
14.1 7Mind content
The services offered by Us in some cases include copyright protected or otherwise protected content to which We own the necessary rights. For example, the 7Mind App is a copyright protected software program.
To the extent necessary for achieving the contractual purpose, We hereby license to you a non-exclusive, non-transferable right to use such protected content for non-commercial purposes in accordance with the terms of the contract. Note that you are prohibited from disseminating or making such content publicly available, e.g., on websites. Neither the 7Mind App nor its content may be leased or otherwise transferred to any third parties by you. You may not decompile, alter, or edit the app except as permitted by law. You have no intellectual property rights in, or to, the App, or 7Mind Services other than the right to use them in accordance with these terms.
Licensed rights will lapse if and when you no longer have access to the relevant service (e.g., after your subscription has been terminated) or when the user agreement has ended. In the event of any violation of these provisions, We will have the right to terminate the agreement for convenience without notice in accordance with Section 7.3.
15. Personal data
We will process your personal data in compliance with our Data Privacy Policy. You will find the most recent version of our Data Privacy Policy at https://www.7mind.co.uk/privacy. The Data Privacy Policy regulates and discloses, in particular, to what extent your personal data will be viewable by other users and what options you have to control transfers of your personal data. In addition, We will inform you in detail how and where We process or cause third parties to process your personal data. By entering into the user agreement with Us you expressly consent to the foregoing provisions. Your legal right to cancel remains unaffected.
16. Changes to General Terms and Conditions
We reserve the right to make changes to these General Terms and Conditions with effect for the future. We will notify you of any changes to our General Terms and Conditions at the latest four weeks before the planned effective date of the new version. You will have the opportunity to object to changes within the aforementioned four-week period. If you continue to use our 7Mind Services without objection, you will be deemed to have accepted the new General Terms and Conditions. If you do object to changes, We hereby expressly reserve our right to terminate the agreement by regular notice during its proper term. If and when We make changes to the General Terms and Conditions, We will once again advise you of your right to object, the time period within which the right of objection must be exercised, and the legal consequences of such objection.
17. Final Provisions
17.1 Official contract language
The official contract language is German.
17.2 Governing substantive law
All dealings between the parties are governed exclusively by the laws of German law.
17.3 Venue and Jurisdiction
If there is no court in Germany or another EU country where venue and jurisdiction is proper based on your residence, habitual abode, or corporate domicile (allgemeiner Gerichtsstand), or if you relocate your permanent place of residence to another country outside the EU after the effective date of these General Terms and Conditions, or if your place of residence or habitual abode is unknown at the time legal action is filed, exclusive venue and jurisdiction for any and all disputes arising from this Agreement will be in the courts at the place of our registered office.
17.4 Severability
If any provisions of these General Terms and Conditions should be or become invalid in whole or in part, the validity of the remaining provisions will remain unaffected thereby. The foregoing provisions apply, mutatis mutandis, if any provisions should have been inadvertently omitted from these General Terms and Conditions.
17.5 Assignment
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
17.6 No rights for third parties
This Agreement does not give rise to any rights to any third parties to enforce any term of this agreement.
17.7 No waiver
Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18. Downloading and Review Options
You may review and print out these General Terms and Conditions at any time at https://www.7mind.co.uk/terms. Additional information regarding your user agreement and your subscription are available in your user account. In the alternative, you may also print out or download the automated order confirmation you received after placing the order.
19. Information about Provider
7Mind GmbH
Ritterstr. 12
10969 Berlin
E-Mail: feedback@7mind.de
Managing director: Anna Rosenbaum, Kurt Ackermann, Michael Dagenbach, Mohamed Youssef, Thomas Höfer
Recorded in the Commercial Register at the Local Court of Berlin
under number HRB 26916
VAT ID No.: DE297708431
20. Dispute Resolution
We have no obligation to participate in any mediation proceedings before any consumer mediation board (ADR).