Terms and Conditions

General terms and conditions of Mindverse

These terms and conditions apply to

  • using the service and accessing this application, and
  • any other related agreement or legal relationship with the provider

in a legally binding manner. Defined terms are listed in the relevant section of this document.

Users are invited to read this document carefully.

This application is offered by:

Relativity GmbH
Breite Straße 25
13597 Berlin
germany

Data Protection Officer | The company appoints the Data Protection Officer:

esquilin GmbH
Max-Beckmann-Weg 65
65428 Ruesselsheim am Main
Entry in HR B of AG Darmstadt under number 93307
VAT-ID no. EN295120220

Managing Director and responsible for content: Jörg Weiß

Provider email address: info@relativitygmbh.de

“This application” refers to

  • this website, including its subdomains, and any other website through which the provider makes the service available;

The following documents, which are expressly referred to, form part of these terms and conditions:

  • https://www.mind-verse.de/haufig-gestellte-fragen

The most important things at a glance

  • It should be noted that individual provisions of these terms and conditions could only apply to certain categories of users, for example only for consumers or only for users who do not act as consumers. Such restrictions on the scope are expressly referred to in each affected clause. If there is no such notice, the clause applies to all users.
  • Only European consumers have the right of withdrawal.
  • This application automatically renews product subscriptions. Information about a) the extension period, b) the cancellation and c) the letter of termination can be found in the relevant section of these terms and conditions.
  • Important: For consumers who are residents of Germany, there are other rules, which are described in the corresponding section of these terms and conditions.

TERMS OF USE

Unless otherwise stated, access to this application is subject to the terms set out in this section.

Individual or additional terms of use or access may apply in certain circumstances and are expressly stated in this document in such cases.

By using the service, users confirm that they meet the following conditions:

  • users may be consumers or business customers;

Account creation

In order to use the service, users must log in or create a user account by providing all necessary data or information completely and truthfully.
The service is only available to logged-in users.

The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible with this application.

By signing up, users agree to be responsible for all actions that take place in connection with their username and password.
Users are required to immediately and unequivocally inform the provider using the contact details provided in this document if they believe that their personal information, including user accounts, login details or personal data, has been violated, unlawfully disclosed or stolen.

Requirements for creating a user account

The creation of a user account is subject to the following conditions. By registering, the user agrees to comply with these conditions.

  • The creation of user accounts by bots or other automated methods is not allowed.
  • Unless otherwise stated, each user may only create one account.
  • Unless expressly permitted, a user account may not be shared with other people.

User account termination

User accounts can be deleted at any time as follows:

  • By contacting the provider directly using the contact details provided in this document.

However, the account can only be deleted after the subscription period paid by the user has expired.

Suspension and deletion of the user account

The provider reserves the right, at its own discretion, to block or delete user accounts that it considers to be inappropriate or insulting or which, in its opinion, violate these terms and conditions at any time and without notice.

As a result of the blocking or deletion of user accounts, the user does not incur any claims for compensation, indemnification or reimbursement.

Blocking or deleting accounts for reasons for which the user is responsible does not exempt the user from the obligation to pay agreed fees or prices.

Content available through this application

Unless otherwise stated or clearly discernible, all content available through this application is the property of the provider and is provided by the provider or its licensors.

The provider makes every effort to exclude that the content provided via this application violates applicable legislation or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are asked to send their complaint preferably to the contact details provided in this document. The right to enforce any claims (other than) in court remains unaffected by this.

Access to external resources

Users may be able to use this application to access external resources provided by third parties. Users acknowledge and accept that the provider has no control over such resources and is therefore not responsible for their content and availability.
The conditions under which such resources provided by third parties are available and under which rights of use of such content may be granted arise from the contractual provisions of each third party or, in the alternative, from the applicable legal regulations.

Permitted use

This application and the service may only be used for their intended purpose and in accordance with these terms and conditions and in accordance with the applicable legal regulations.

Users are responsible for ensuring that their access to this application and/or their use of the service does not violate any legal regulations, regulations or rights of third parties.

Therefore, the provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying users access to this application or service, terminating contracts, reporting objectionable actions taking place via this application or the service to the competent authorities — such as judicial or administrative authorities — provided that users can be proven or presumed:

  • violate legal regulations, regulations or these terms and conditions; or
  • infringe the rights of third parties; or
  • significantly impair the legitimate interests of the provider; or
  • insult the provider or a third party.

“Invite friends”

Through this application, users have the opportunity to receive benefits when, as a result of their recommendation, a new user purchases a product offered through this application.
For the relevant terms and conditions, reference is made to this application.

The provider reserves the right to end the offer at any time and at its own discretion.

Software license

All rights to the software or technical solutions on which this application is based, or which are embedded, integrated or associated with it, belong exclusively to the provider and/or its licensors.

Provided that the user complies with these terms and conditions and notwithstanding any deviating provisions of these terms and conditions, the provider merely grants the user a freely revocable, simple, non-sublicensable and non-transferable right to use the software and/or other solutions integrated in the service within the scope and for the purposes of the intended use of the service offered.

In particular, users are not granted the right to access the source code or to use or distribute the source code. Only the provider or its licensors have rights to all processes, algorithms and technical solutions that are contained or integrated in the software and all associated documentation.

All granting of rights and granting of licenses automatically expire upon termination of the agreement — for whatever reason.

SALES CONDITIONS

Paid products

Some of the products available through this application as part of the service are chargeable.

Prices, terms and other conditions applicable to the purchase of such products are described below. For the rest, reference is made to this application and to the relevant sections.

To make a purchase, users must register or log in using an existing user account.

Product description

Prices, descriptions and availability of the products can be viewed in the relevant areas via this application and can be changed without notice.

Although products are presented using this application with the greatest possible technical care, representations of any kind (including graphical representations, images, colors, sounds) are provided only as a reference and do not represent a guarantee as to the characteristics of the purchased product.

The characteristics of the selected product are explained during the purchase process.

purchase process

All steps from choosing a product to placing an order are part of the purchase process.
The purchase process consists of the following steps:

  • The user selects the desired product from the range and, where appropriate, specifies the desired quantity or properties so that the product appears in the product selection.
  • After providing all required information, Users must carefully review their order and then confirm and submit it by using the appropriate button or mechanism on the service (this Application). Users thus accept these terms and conditions and commit themselves to pay the agreed purchase price.

Placing the order

When the user places an order, the following applies:

  • The contract is concluded when the order is placed. Placing the order therefore requires the user to pay the purchase price, taxes and any other fees and expenses in accordance with the information on the order page.
  • If information from the user is required, such as personal information or data, specifications or special requests, the placing of an order constitutes an obligation on the part of the user to cooperate accordingly.
  • After placing the order, users receive a confirmation of receipt.

All notifications related to the described purchase process will be sent to the email address provided by the user for this purpose.

rates

Users will be informed of all fees, taxes and costs to be borne by them (including any shipping costs) during the purchase process and before placing the order.

The prices are displayed through this application as follows:

  • including all applicable fees, taxes and costs.

Payment methods

Information about accepted payment methods is provided during the purchase process.

Some payment methods may only be available subject to additional terms or fees. In these cases, you can find the relevant information in the relevant section of the service (this Application).

All payments are processed by third-party providers. As a result, this application does not collect payment information — such as credit card details — but simply receives a notification when the payment is successfully completed.

If payment fails using the available methods or is rejected by the payment service provider, the provider is not obliged to fulfill the order. If a payment fails or is rejected, the provider reserves the right to claim any associated costs or compensation from the user.

Authorization for future PayPal payments

When users authorize the PayPal feature, which enables future purchases, this application stores an identification code that is linked to the users' PayPal account. This entitles this application to automatically process payments for future purchases or recurring installments of past purchases.

This permission can be revoked at any time, either by contacting the provider or by changing the user settings on PayPal.

Retention of title

The ordered products only become the property of the user upon receipt of payment of the entire purchase price by the provider.

Maintaining rights of use

Users do not acquire any rights to use the purchased product until payment of the entire purchase price has been received by the provider.

shipment

Digital content delivery

Unless otherwise stated, digital content purchased through this application is downloaded to the devices selected by users.

Users acknowledge and accept that the device (s) intended to download and/or use the product and the respective software (including operating systems) must be legal, commonly used and up-to-date and must comply with current market standards.

Users acknowledge and accept that the ability to download the purchased product may be limited in time and space.

provision of services

The purchased service must be performed or made available within the period specified via this application, or as notified before the order is placed.

Contract period

subscriptions

Subscriptions allow users to receive a product continuously or regularly over a specific period of time. Details of the type of subscription and how to cancel are set out below.

Fixed-term subscriptions

Paid subscriptions with a fixed term start on the day payment is received by the provider and have the term chosen by the user or specified when ordering.

After the subscription period has expired, the product is no longer available.

Automatic renewal of fixed-term subscriptions

Subscriptions are automatically renewed using the payment method chosen by the user when making a purchase.

The renewed subscription is valid for the same duration as the original one.

termination

Subscriptions can be cancelled by sending a clear and unambiguous notice of termination to the provider. For this purpose, users must use the contact details provided in this document, or — if possible — the corresponding control elements made available via this application.

If the cancellation letter is received by the provider before the subscription is extended, the cancellation will be effective at the end of the current term.

Exemption for consumers residing in Germany

Notwithstanding the foregoing, however, the following applies if the user is a resident in Germany and qualifies as a consumer:

After the initial period has expired, the subscription is automatically extended for an unlimited period of time, unless the user cancels before the end of this period.

The fee due upon renewal will be charged using the payment method chosen by the user when making the purchase.

Once renewed, the subscription runs for an indefinite period and can be canceled monthly.

termination

Extended subscriptions can be canceled at any time by sending a clear and unequivocal notice of termination to the provider. For this purpose, users must use the contact details provided in this document, or — if possible — the corresponding control elements made available via this application.

If the provider receives the cancellation letter by the end of the current month, the subscription expires at the end of the month in question.

User rights

Right of Withdrawal

If there are no exceptions, the user can cancel the contract within the period specified below (usually 14 days) without giving reasons. In this section, users can learn more about the cancellation conditions.

To whom the right of withdrawal applies

According to EU law, European consumers have a legal right to withdraw from contracts that are concluded online (distance selling contracts). They may cancel the contract within the period applicable to them, for any reason and without justification. This right of withdrawal applies unless exceptions are listed below.

For users who are not acting as European consumers, the rights set out in this section do not apply.

Exercising the right of withdrawal

In order to exercise his right of withdrawal, the user must provide the provider with an unequivocal statement showing his withdrawal decision.

For this purpose, users can use the sample withdrawal form, which they can find in the “Definitions” section of this document. However, users are free to express their withdrawal decision by means of an unequivocal statement in another, appropriate way. In order to meet the deadline for exercising this right, the user must submit the cancellation notice before the withdrawal period has expired.

When does the withdrawal period expire?

  • When you purchase digital content that is not delivered on a physical medium, the cancellation period ends 14 days after the date of conclusion of the contract, unless the user has waived the right of withdrawal.

Effects of withdrawal

Users who duly cancel a contract will be refunded all payments made to the provider, including delivery costs, if applicable.

However, the provider is not obliged to reimburse additional costs if the user has opted for a different type of delivery than the cheapest standard delivery offered by the provider.

The refund will be made immediately, but no later than 14 days after the day on which the provider is informed of the user's decision to cancel the contract. The provider makes the repayment using the same means of payment that the user used for the original transaction, unless something else has been expressly agreed with the user. In any case, the user will not incur any costs or fees as a result of the refund.

Exceptions to the right of withdrawal

The right of withdrawal does not exist if

  • goods are delivered that are manufactured according to customer specifications or are clearly tailored to personal needs;
  • to provide services after the service has been provided in full, if the contract provides for a payment obligation to the detriment of the consumer and the provision of services has begun with the consumer's prior express consent and the consumer's knowledge that he loses his right of withdrawal upon full performance of the contract;
  • for the delivery of digital content that is not delivered on a tangible medium, if the contract provides for a payment obligation to the detriment of the consumer and the execution has begun with the prior express consent of the user and his knowledge that the user loses his right of withdrawal as a result and that these circumstances have been confirmed by the provider;

Liability and indemnification

Indemnification

To the extent permitted by applicable law, the user agrees to indemnify and hold harmless the provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees from any claims or demands of third parties — including but not limited to attorneys' fees and fees — arising out of or in connection with a culpable violation of these terms and conditions, third party rights or legal provisions in connection with the use of service is claimed by the user or his assistants, officers, directors, agents, co-branders, partners, and employees.

Liability limitation

Unless expressly stated otherwise and without prejudice to applicable legal provisions, users have no right to claim compensation from the provider (or any natural or legal person acting on its behalf).

This does not apply to damage to life, health or physical integrity as well as damage due to the breach of essential contractual obligations, such as an obligation absolutely necessary to achieve the purpose of the contract and/or damage due to intent or gross negligence, provided that this application was used correctly and correctly by the user.

Unless damage was caused intentionally or grossly negligently or impairs life, health or physical integrity, the provider is only liable in the amount of the typical and foreseeable damage at the time of conclusion of the contract.

users in Australia

Liability limitation

Warranty rights, conditions, guarantees, rights and remedies available to users under the Competition and Consumer Act 2010 (Cth) remain completely unaffected by the provisions of these terms and conditions. The same applies to any similar, mandatory state or territory laws that grant users indispensable rights. To the extent permitted by law, our liability to users — including liability for infringement of an indispensable right and any other liability not excluded under these terms and conditions — is limited, at the provider's reasonable discretion, to subsequent performance or reimbursement of costs arising from the renewed provision of the services.

users in the USA

Disclaimer of warranties

This application is provided and made available only as is and as available. Use of the service is at your own risk. Provider expressly excludes all conditions, representations and warranties — whether express, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights to the extent permitted by law. Any advice or information, whether oral or written, that the user receives from the provider or through the service does not create any guarantees unless expressly stated.

Notwithstanding the foregoing, the provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees make no warranty that the content is reliable, accurate, and accurate; that the service will meet users' expectations; that the service will be uninterrupted or reliable at a particular time or location; that any defects or errors will be corrected; or that the service will be free of viruses or others is harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk. Users alone are responsible for damage to the user's computer system or mobile device or for data loss resulting from such a download or use of the service by the user.

The provider does not guarantee or assume responsibility for products or services advertised or offered by third parties through the service or via a hyperlinked website or service, nor does it endorse such products or services. Transactions between users and third-party providers of products or services are neither mediated nor monitored by the provider.

The service could become inaccessible or no longer function correctly with the user's web browser, mobile device and/or operating system. The provider cannot be held liable for any perceived or actual damage arising from the content, operation, or use of this service.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitation of certain warranties. The exclusions above may not apply to users. This agreement gives users specific rights, while they may have further rights depending on the legal system. The exclusions and limitations of liability under the Agreement, to the extent prohibited by applicable law, are ineffective.

Liability limitation

  • To the extent permitted by law, the provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees are in no event liable for
  • any indirect, punitive, incidental, special, sequential, or exemplary damages, including but not limited to, damages for lost profit, goodwill, use, data, or other intangible loss arising in connection with or unavailability of the Service; and
  • any damage and loss as a result of hacking, manipulation, or other unauthorized access to or use of the service or user account, and the information contained therein;
  • any errors, errors, or inaccuracies in content;
  • personal injury or property damage of any kind arising from access to or use of the service by the user;
  • any unauthorized access to the provider's backup servers and/or the personal information stored therein;
  • any interruption or cessation of transmission to or through the Service;
  • any bugs, viruses, Trojans, or the like that can be transmitted to or through the Service;
  • any errors or omissions in content, or for any loss or damage arising from the use of content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, insulting, or illegal conduct of a user or a third party. Any liability of the provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees for claims, income, liabilities, obligations, damages, losses, or costs is limited in amount to the amount paid by the user to the provider in the previous 12 months or, if less, over the entire term of this agreement between the provider and the user.

This limitation of liability applies to the fullest extent permitted by the relevant legal system, regardless of whether the alleged liability is based on a contract, tort, negligence, liability without fault, or any other basis, even if the user has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or sequential damages, so the above limitations or exclusions may not apply to the user. These terms and conditions give the user certain rights, while he could be entitled to further rights depending on the legal system. The exclusions and limitations of liability under the Terms and Conditions are ineffective to the extent prohibited by applicable law.

Indemnification

The user agrees to indemnify the provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against all claims or demands, damages, obligations, losses, liabilities, costs or liabilities and expenses, including, but not limited to, legal costs and expenses, arising from

  • access to and use of the service by the user, including any data or content transmitted or received by the user;
  • the user's breach of these terms and conditions, including but not limited to the breach by the user of any of the representations and warranties contained in these terms and conditions;
  • infringement of third-party rights by the user, including but not limited to personal rights or intellectual property rights;
  • the violation of legal regulations, rules or ordinances by the user;
  • any content submitted from the user account, including when accessed by third parties using the user's username, password, or other security measures, if any, and including misleading, false, or inaccurate information;
  • the user's alleged misconduct; or
  • the violation of statutory provisions by the user or his affiliated companies, officers, directors, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.

Common Provisions

No waiver

Failure by the provider to assert a right under these terms and conditions or to enforce a provision of these terms and conditions does not constitute a waiver of such right or provision. No waiver is considered a further or continuing waiver.

Service interruption

In order to ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changes. He will provide users with appropriate information.

Within the framework of legal regulations, the provider may also completely suspend or terminate the service. If the service is discontinued, the provider will give users the opportunity to secure personal data or information in accordance with applicable law and will take into account any claims made by users for continued use and/or compensation under the applicable law.

In addition, the service may not be available for reasons beyond the provider's control (so-called “force majeure” reasons) (e.g. infrastructure failures or power outages, etc.).

reselling

Users may not reproduce, duplicate, copy, sell, resell, or exploit this application and service in any way without express prior written permission from the provider, which is granted either directly or through a legitimate reseller program.

Privacy statement

To learn more about the use of their personal data, users can review the service's privacy policy (this Application).

Intellectual property rights

Notwithstanding more specific provisions of these Terms and Conditions, all intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to the service (this Application) are the exclusive property of the provider or its licensors and are protected by applicable intellectual property laws or international treaties.

All trademarks, names, or figurative marks — and all other trademarks, trade names, service marks, word marks, illustrations, images, or logos — that appear in connection with the Service (this Application) are and remain the exclusive property of the provider or its licensors and are protected by applicable laws or international treaties relating to intellectual property.

Amendments to these terms and conditions

The provider reserves the right to change or otherwise modify these terms and conditions at any time. In this case, the provider will adequately inform the user of these changes.

Such changes only apply to the contractual relationship from the point in time notified to the user.

By continuing to use the service, the user accepts the amended terms and conditions. If users do not want to be bound by the changes, they must stop using the service and can cancel the contract.

If the revised terms are not accepted, either party may cancel the contract. The previous version of the terms and conditions in force at the time applies to the relationship before the changes are accepted by the user. The user can obtain any previous version of the terms and conditions from the provider.

If required by law, the provider will inform users in advance of the effective date of the amended conditions.

cession

The provider reserves the right to transfer, assign, replace or transfer all rights and obligations under these terms and conditions, taking into account the legitimate interests of the user.
The provisions relating to amendments to the terms and conditions apply accordingly.

Users may not assign or transfer their rights or obligations under the terms and conditions in any way without the written permission of the provider.

personals

All communications related to the use of the service (this Application) must be sent to the contact details provided in this document.

Salvatory clause

Should any provision of these terms and conditions be or become invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which remain in full force and effect.

EU users

If any provision of these Terms and Conditions is or is considered invalid, or invalid or held invalid, the parties will do their best to amicably reach an agreement on valid and enforceable provisions and thus replace the ineffective, invalid or unenforceable parts.
Otherwise, the ineffective, invalid or unenforceable provisions will be replaced by the applicable statutory provisions, insofar as this is permitted or provided for under the applicable law.

Notwithstanding the foregoing, the nullity, invalidity, or unenforceability of individual provisions of these Terms and Conditions shall not result in the invalidity of the entire agreement, unless they are essential provisions of the contract or provisions of such importance that the parties would not have concluded the contract if they had known that the provision was invalid. If the remaining conditions would result in unreasonable hardship for one of the parties, the invalidity of the individual provision will result in the invalidity of the entire agreement.

US users

Any such invalid or unenforceable provision will be interpreted and amended to the extent that it becomes effective, enforceable and consistent with the original purpose. These terms and conditions represent the entire agreement between users and the provider on the subject matter of the contract and take precedence over any further communication between the parties regarding the same subject matter of the contract, including any previous agreements.
These terms and conditions are enforced to the extent permitted by law.

Applicable law

These terms and conditions are governed by the law of the place where the provider is based, with the exception of conflict of law provisions. Users can find the location in the relevant section of this document.

Priority of national law

However, if the law of the country in which the user is located provides for a higher consumer protection standard, that higher standard applies.

Jurisdiction

The courts of the place where the provider is based — as stated in this document — are exclusively competent for all disputes arising from or in connection with these terms and conditions.

Exemption for European consumers

This does not apply to users who act as European consumers nor to users in the UK, Switzerland, Norway or Iceland who act as consumers.

dispute resolution

Amicable dispute resolution

Users can contact the provider with all disputes, who will attempt to resolve them amicably.

The user's right to take legal action always remains unaffected. However, in the event of a dispute regarding the use of the service (this application) or the service, the user is invited to contact the provider using the contact details provided in this document.

The user may send the complaint, including a brief description and, where applicable, the details of the associated order, purchase or account, to the provider's email address provided in this document.

The provider will process the request immediately within 21 days of receipt.

Online dispute resolution for consumers

The European Commission has set up an online platform for alternative dispute resolution, which offers an out-of-court procedure for resolving disputes in connection with online contracts with consumers.

As a result, consumers in the EU, Norway, Iceland or Liechtstein can use this platform to resolve disputes arising from contracts concluded online. The platform is Accessible under the following link.

Germany: Dispute resolution procedures with consumer arbitration bodies

The provider does not participate in alternative dispute resolution procedures for consumers under the Consumer Dispute Resolution Act.

Definitions and legal information

This application (or application)

The application that enables the service to be provided.

reconciliation

Any legally binding or contractual relationship between provider and user regulated by these terms and conditions.

business users

Any user who is not acting as a consumer.

European (or Europe)

Applies to users who reside in the EU, regardless of their nationality.

Withdrawal form example

To:

Relativity GmbH Breite Straße 25 13597 Berlin Germany Data Protection Officer | The company appoints the data protection officer:Esquilin GmbH Max-Beckmann-Weg 65 65428 Rüsselsheim am Main entry in HR B of AG Darmstadt under number 93307 VAT ID no. DE295120220 Managing Director and responsible for content: Jörg Weiß
info@relativitygmbh.de

I/we hereby announce that I/we are withdrawing my/our purchase contract for the following goods/to provide the following service:

_____________________________________________ (description of goods/services that are the subject of the withdrawal)

  • Ordered on: _____________________________________________ (insert date)
  • Received on: _____________________________________________ (insert date)
  • Name of consumer (s) :_____________________________________________
  • Address of consumer (s) :_____________________________________________
  • Date: _____________________________________________

(signature if this form is submitted on paper)

Provider (or we)

Is the natural person (s) or legal entity (s) who makes this Application and/or Service available to Users.

product

A good or service offered through this Application, such as physical goods, digital files, software, booking services, etc., as well as any other types of products separately defined herein, such as digital products.

Dienst

The service provided through this Application, as described in these Terms and on the Service (this Application).

TERMS AND CONDITIONS

All terms applicable to the use of the service as described in this document and/or to this application, including any related documents or agreements, as amended from time to time.

user (or you)

Is any natural or legal person that uses this application.

consumers

Consumers are users who are considered as such under applicable law.

Last updated: March 1, 2024

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Terms and conditions addition

1. AI-generated videos

As a paid Mindverse customer, you have the option to create AI-generated videos. This service is provided via Synthesia.Please note that you must NOT use the videos for the following purposes: Any form of paid advertising. For example, social media campaigns, TV advertising, video commercials, print advertising, etc. If you use the videos for advertising purposes, you are liable for the resulting damage.

2. Liability for texts


Each text is regenerated by our software at the push of a button, using a mathematical model. We assume no liability for the accuracy and content of the generated texts. It is at the user's discretion to assess how a text can be used.

3. Copyright to texts


All texts generated by Mindverse can be used freely and are the property of the respective user. Although each text is generated individually upon request, we cannot guarantee that individual passages or texts will not appear elsewhere on the Internet or other media. We are not liable for any claims arising from copyright and copyright infringement. Mindverse assumes no liability or responsibility for any damage of any kind arising from the use of the templates provided. The templates are used without the involvement of Mindverse and at the user's own responsibility. Mindverse assumes no liability for damage of any kind arising from using the website and downloading the texts. Mindverse is also not liable for direct or indirect sequential damage, loss of data, loss of profit, system or production failures. Mindverse also assumes no liability for financial damage resulting, for example, from “non-acceptance” of a text by a user's contractual partner.

4. Inappropriate content


Mindverse points out that no content of a sexual or violent nature should be generated and that you should therefore not attempt to create such content. If you try to create content of this type by mistake, our system will give you an error message. If you continue to try to create such texts, the subscription will be canceled. In this case, no refund will be made.

5. AI-generated images


With Mindverse, users have the option of having images generated automatically by an AI. These images are generated uniquely using a machine learning model.

a) License for images

Notwithstanding anything to the contrary in this document, images created by Mindverse are subject to the ownership rules set forth here: https://stability.ai/stablediffusion-terms-of-service (CC0 1.0 Universal Public Domain Dedication available at https://creativecommons.org/publicdomain/zero/1.0/). Nonetheless, the images may contain trademark or personal content such as logos, products, names, faces. It is at your discretion to assess whether you can/may use images with such content. Mindverse is not liable for any trademark or other claims. You are solely responsible for determining the appropriateness of the use or redistribution of the images, derivations of the images, or supplementary materials, and assume all risks associated with the publication and use of these images.

b) Disclaimer

Mindverse will not be liable in any way for the content or accuracy of the images generated or further processed. In no event will Mindverse be liable to you for any damages, including direct, indirect, special, incidental, or subsequent damage of any kind, arising out of the images or from the use or inability to use the images and supplementary material (including, but not limited to, damages of goodwill, interruption of work, computer failure), or subsequent damage All kinds of things resulting from use the images or the inability to use the images and supplementary material (including but not limited to damages due to loss of goodwill, interruption of work, computer failure or malfunction, or any other commercial damage or loss).

c) Prohibited applications

You agree not to use the images or derivations of the images: - in any way that violates applicable national, federal, local, or international law or regulations;

- to exploit, harm, or attempt to exploit or harm minors in any way; - to generate or disseminate demonstrably false information and/or content with the aim of harming others;

- to generate or disseminate personal data that can be used to harm an individual; - To defamation, disparage, or otherwise harass others;

- For fully automated decision-making that adversely affects a person's legal rights or otherwise creates or changes a binding, enforceable obligation;

- For any use that aims or results in discriminating against or harming individuals or groups based on their online or offline social behavior or known or predicted personal or personal characteristics;

- To exploit the vulnerabilities of a particular group of people due to their age, social, physical or mental characteristics to distort the conduct of a person belonging to that group in a way that causes or may cause physical or psychological harm to that person or to another person;

- for any use that has the purpose or effect of discriminating against individuals or groups based on legally protected characteristics or categories;

- for providing medical advice and interpreting medical results;

- to produce or disseminate information for the purpose of justice, law enforcement, immigration or asylum proceedings, such as predicting that a person will commit fraud/criminal offence (e.g. through text profiling, drawing, for example, by creating text profiles, establishing causal relationships between statements made in documents, indiscriminate and arbitrary use) .In the event of unlawful use in a of the above cases, the subscription will be canceled and more Steps are being taken.

d) Other licenses
Mindverse uses the following technologies to deliver the image technology. By agreeing to these terms and conditions, you agree to the following license terms: - Stable Diffusion by STABILITY AI LTD, license. By using Mindverse, you agree to this license: https://huggingface.co/spaces/CompVis/stable-diffusion-license- sWinIR from JingyunLiang, Apache License 2.0 - https://github.com/JingyunLiang/SwinIR/blob/main/LICENSE

e) By virtue of these conditions, we therefore prohibit the user from using and using (

in any form, such as by uploading and/or making and/or distributing) photos via our application and using, distributing and/or marketing photos created via our application with discriminatory, racial, obscene, sextic, pornographic, defamatory, defamatory, defamatory, insulting or criminally relevant content or content that violates the personal rights of third parties. By using our application, the user is prohibited from using, generating, distributing and/or distributing discriminatory, racist, obscene, sextic, pornographic, defamatory, defamatory, defamatory, insulting or criminally relevant content or content that violates the personal rights of third parties.

6. Using Mindversea's research and crawling feature) Some Mindverse features and “engines” allow you to enter a URL as a reference to create content. You agree that you have all rights to the content of the relevant URLs. As a result, the user grants Mindverse the right to use any content they submit via the URLs provided. The user assures that he owns all necessary copyrights to this content and that the company is not liable for the content on the URLs provided. b) The user is advised that certain generated texts contain source references. The user is prohibited from removing these sources. The company is in no way responsible for the user's actions that include the removal of source references. The user is obliged to retain the source information in the generated texts and to ensure that all uses of the generated material comply with applicable copyright law. The company assumes no liability for any copyright infringement caused by the removal of source references.

7. Fair Use Policy and User ObligationsAs part of our efforts to provide our customers with high-quality, efficient and reliable service, we have introduced a fair use policy for some packages despite the option of unlimited text generation. This is intended to prevent excessive use of our service and ensure that all users use the service appropriately and responsibly. There are some limits and restrictions set by our technical partners, which all users must comply with (see below). We guarantee that our fair use policy allows users to meet their daily and monthly usage requirements as long as they meet certain conditions. Our policy also ensures that all users can use our service with high quality and speed.

Excessive use by one user may affect usage speed and quality for other users. As a result, the text generation function is automatically deactivated until the next billing cycle for users who consume more than 15,000 requests per month. We will of course inform affected users of this measure in good time. Each user undertakes to choose a tariff that corresponds to their professional activity and the size of their company. If usage requirements are very high, users should switch to the next higher tariff or ask us for an individual tariff. Alternatively, users can use our enterprise solution.

We strive to prevent automated and robotic behavior to ensure the safety of our service and partners. Our software detects and punishes certain improper uses, such as sharing login details for an unlimited account, in order to achieve financial profit. Such activities are considered illegal activities. An account is only intended for one user at a time, and multiple users per account are not allowed. In the event of abnormal usage, our system will automatically make adjustments and the output quality may temporarily deteriorate. This usually resolves with the start of the next monthly cycle.

In addition, your account may be suspended or permanently deleted without notice if you use it unusually or illegally share your login details with third parties. Claims related to this will not be accepted and no refunds will be provided. By using our service, you agree that any related claim/dispute raised by you or your bank will automatically be rejected. We reserve the right to terminate your access to our services if we determine that you have breached this fair use policy. We also reserve the right to take legal action if we determine that you are acting in a way that is unlawful or violates our rights or the rights of others.

Please note that we reserve the right to change this fair use policy at any time. Changes to this fair use policy will be posted on our website and will take effect immediately after they are posted. By continuing to use our services following such changes, you agree to the revised terms. It is your responsibility to regularly review this fair use policy and ensure that you understand and comply with the terms.