Terms of Use – MindBright

Note on this translation

This English version is provided for convenience only. In case of discrepancies, the German version shall prevail.

These Terms of Use govern the use of the web app "MindBright" (hereinafter "App") by users (hereinafter "User") and apply between the User and the provider of the App (hereinafter "Provider").

1. Subject matter and scope

(1) The App offers features for personal reflection, in particular the creation and storage of journal entries as well as, where applicable, additional accompanying content and features. The App uses artificial intelligence (AI) technologies in part to generate automated responses or analyses. The User acknowledges that this content is machine-generated and does not constitute a professional, human assessment.

(2) Deviating terms and conditions of the User shall not apply unless the Provider expressly agrees to them.

2. Registration, access and account

(1) Registration is required to use certain features. Registration can be done via email and password or via an external authentication service (e.g. Google, Apple).

(2) The User is obliged to keep their login credentials confidential and protect them from unauthorised access. In the event of suspected misuse, the User must notify the Provider immediately.

(3) The Provider may implement technical measures for security reasons, in particular confirmation of the email address.

(4) The offer is aimed exclusively at Users who have reached the age of 18. By registering, the User confirms that they are of legal age.

3. Costs, free use

(1) The App is currently free to use. No ongoing usage fees apply.

(2) The Provider reserves the right to offer the App or parts thereof for a fee in the future. In such a case, the Provider will update the Terms of Use and any additional pricing and service information in advance and inform the User in an appropriate manner. A fee obligation arises only after the amended terms have been validly incorporated and only for the future.

4. Availability and changes to the App

(1) The Provider endeavours to ensure the App is available with as few interruptions as possible. There is no entitlement to availability at all times. Maintenance work, updates, disruptions and causes outside the Provider's sphere of influence (e.g. the User's internet connection, third-party services) may result in restrictions.

(2) The Provider may further develop, modify or adapt features of the App, provided that doing so does not unreasonably impair the App's essential purposes.

5. User obligations, permitted use

(1) The User may only use the App in accordance with applicable law and these Terms of Use.

(2) In particular, the following are prohibited: a) abusive or disruptive use (e.g. automated attacks, circumventing security features), b) introducing malware or other harmful content, c) use that may impair the integrity, security or availability of the App, d) unlawful content, insofar as the User stores or transmits such content in the App.

(3) In the event of violations, the Provider may temporarily block access or terminate the user relationship, insofar as this is necessary.

(4) The User should regularly back up important data and journal entries stored in the App elsewhere. The Provider does not guarantee the permanent storage or restorability of data in the event of technical failures beyond its control.

6. User content, rights and confidentiality

(1) Content created, entered or stored by the User in the App (in particular journal entries) remains the intellectual property of the User ("User Content").

(2) The User grants the Provider a non-exclusive, worldwide licence, limited to the duration of the user relationship, to technically process, store and make available User Content, insofar as this is exclusively necessary for the operation, security and functionality of the App. No use beyond this takes place.

(3) User Content is confidential. The Provider does not access User Content in regular operation. Manual access is technically and organisationally limited to a minimum and is only permitted if it is strictly necessary for: a) handling a specific support request from the User (within the scope of the request and insofar as necessary for the solution), b) troubleshooting or error analysis, insofar as this is not otherwise possible, c) preventing misuse, security incidents or attacks, d) fulfilling legal obligations or enforcing these Terms of Use.

(4) Wherever possible, processing takes place without access to the content. If access is exceptionally required, it is purpose-bound, carried out by as few authorised persons as possible, and only to the extent necessary.

(5) Manual access for product improvement, marketing or other non-necessary purposes is excluded.

7. Privacy

(1) Information on the processing of personal data is described in the Privacy Policy, available at https://mindbright.one/datenschutz.

(2) If the User optionally consents to email updates, this consent is documented with a timestamp and version number and can be withdrawn at any time in the "Account" section. No sending is currently taking place; the consent serves as preparation.

8. External services and third-party content

(1) Third-party services may be used for login and operation (e.g. authentication, hosting, email delivery). The Provider is not responsible for the availability and malfunctions of these services insofar as they are outside its sphere of influence.

(2) Insofar as links to external websites are provided, the terms of the respective operators apply to their content.

9. Liability and health disclaimer

(1) The Provider is liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body or health.

(2) In the case of slight negligence, the Provider is only liable for breach of a material contractual obligation (cardinal obligation). In this case, liability is limited to the typically foreseeable damage.

(3) Liability under mandatory statutory provisions remains unaffected.

(4) Important notice: The App is intended for personal reflection and strengthening mental resilience. It does not replace medical, psychotherapeutic or other professional advice, diagnosis or treatment. In the case of mental illness or acute crises, the User should consult a doctor or therapist.

10. Duration, termination and deletion

(1) The user relationship begins upon registration and runs for an indefinite period.

(2) The User may terminate the user relationship at any time, in particular by deleting their account via an account function in the App (where available) or by notifying the Provider accordingly. The Provider may terminate the user relationship with reasonable notice; the right to terminate for good cause without notice remains unaffected.

(3) After termination of the user relationship, User Content and account data will be deleted in accordance with the Privacy Policy, unless statutory retention obligations apply.

11. Changes to these Terms of Use

(1) The Provider may amend these Terms of Use if there is a substantive reason, in particular in the event of changes in law, security requirements, changes to the App's features or the introduction of new services.

(2) The Provider will inform the User of changes in an appropriate manner. Where consent is required, the Provider will obtain it separately.

12. Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), insofar as permissible.

(2) If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of the Provider. Otherwise, the statutory places of jurisdiction apply.

(3) Should individual provisions be or become invalid, the validity of the remaining provisions shall not be affected. The statutory provision shall apply in place of the invalid provision.

13. Provider and contact

Value Added Tax identification number pursuant to § 27 a of the German VAT Act: DE193340089