Terms of Use

1. Subject and Scope

1.1

Mimohello GmbH, Marxergasse 24/2, 1030 Vienna, Austria (thereafter “Mimo”) operates mobile applications (“apps”) with interactive courses on computer science, data science, programming, and related topics.

1.2

Use of the apps shall be exclusively subject to the following terms and conditions.

1.3

No special contractual text is intended for the contract regarding use of the Mimo app. The content of the contract concluded between you and Mimo follows these general terms and conditions as well as the information provided during the process of registration (cf. cipher 3) as well as during contracting of a fee-based subscription (cipher 5) that will be saved by Mimo and available at any time in your user account.

1.4

By registering for and/or using Mimo’s services, you accept the application of these terms and conditions.

1.5

Mimo shall retain the right to change individual clauses with effect for the future. If Mimo does not obtain your specific consent for an amendment of its terms and conditions, you will be informed of any changes to the terms and conditions at least four weeks prior to the effective date of the updated terms and conditions. For this purpose, Mimo will deliver the updated terms and conditions to the email address provided during registration and notify you explicitly regarding the opportunity and objection period against the changes and consequences of an omitted objection.

1.6

If you do not object to the changes within four weeks after the effective date of the updated terms and conditions, the updated terms and conditions shall be deemed accepted. The period shall start with the day that it is communicated to you via email as the effective date of change.

1.7

In the event that you object the changes, Mimo shall be entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for Mimo, effective from the date the updated terms and conditions come into force.

2. Services and Rights

2.1

Mimo will provide you with a collection of interactive courses on computer science, data science, programming, and related topics. Additionally, Mimo will provide you with services that allow you to form a habit and stay engaged.

2.2

The rights on Mimo’s services and contents that are dispersed this way shall stay and remain with Mimo and/or its licensors. Mimo’s applications and contents shall be licensed to you within the scope of the contractual use and only granted as a non-exclusive (simple) and temporary right pursuant to cipher 2.3 for personal use.

2.3

The scope of the provided contents shall depend on the chosen license, i.e. free account, subscription (cf. cipher 4), or trial (cf. cipher 5). The license shall be restricted to the period of the free account/subscription/trial.

2.4

All Mimo trademarks as well as trade names, logos, domain names, and other peculiarities of the Mimo trademark are under the sole ownership of Mimo. The license does not grant you the right to use Mimo trademarks, trade names, logos, domain names, or other features of the Mimo trademark, irrespective of whether for commercial or non-commercial use.

2.5

If you are using a free service, Mimo shall be allowed to display advertisements within its applications.

3. Registration

3.1

A registration with Mimo is necessary for using Mimo’s services.

3.2

Registration itself is free (“free account”) and does not require you to enter into a subscription.

3.3

You can use your email address and a self-determined password for registration.

3.4

The used password shall be kept confidential, for which you are responsible. You are the only person entitled to use your Mimo account. Mimo shall be notified immediately of any unauthorized use of the account as well as any suspicion thereof.

3.5

You may register via email address or through Facebook Connect.

3.6

You may also register with our apps for iOS or the Mimo website.

3.7

Registration and/or login via social-connect establishes a free contract between Mimo and you regarding the use of the Mimo platform (cf. cipher 1.3.).

3.8

All information necessary for registration shall be made complete and accurate and shall be kept up-to-date at all times.

3.9

Registration shall require a minimum age of eighteen years. As a minor you are only allowed to register with Mimo if you are at least fourteen years of age and your statutory agents have given their consent. Mimo shall have the right to make its services subject to appropriate proof of identity, legal majority, or consent of your statutory agents.

3.10

Mimo shall be entitled to save and process your data provided during the registration process pursuant to the data protection regulations.

4. Subscription

4.1

Mimo offers fee-based subscriptions (“Mimo Premium”), which enable you to use the full scope of its services. The subscriptions can be entered into for different periods (“subscription periods”), which are listed in the order options.

4.2

Mimo Premium are fee-based subscriptions that provide you with unlimited access to the Mimo’s content and services through its apps for the chosen subscription period.

4.3

In order to become the holder of an account with Mimo Premium, you need to register with Mimo, submit your credit card data, and confirm your subscription, upon which you will receive a subscription receipt via email. Your subscription will commence on the day of confirming your subscription.

4.4

You can also subscribe through in-app purchases in the apps. For this purpose, you need to choose a subscription period on the respective screens of the apps, whereupon a pop-up will require you to enter your Apple ID and password. Upon confirmation, another pop-up will require you to confirm your subscription again.

5. Trials

5.1

Mimo will occasionally offer you free access to Mimo Premium for trial purposes and limited periods (“trials”). Mimo shall determine at its own discretion if you may participate in a trial. Mimo shall have the right to stop or change trials at any time without prior notification or termination period if good cause is present.

5.2

Participation in trials may only be possible if you enter your payment information during registration for the trials. In such cases, Mimo shall require your consent to switch to a fee-based subscription upon expiration of the trials (cipher 4) at the beginning of the trials. From then on, your subscription will automatically renew at the end of the subscription period you have committed to when opting for the trial and can be terminated until twenty-four hours prior to its expiration (cipher 8.3).

5.3

If you do not want the subscription service in an event of cipher 5.2 and the corresponding charges, you will have to terminate the subscription access provided within the trial prior to its expiration (e.g. in your Mimo account settings).

6. Revocation Right

If you are a consumer (meaning an individual making the order for a purpose that is not for commercial or self-employed activity), the following revocation right shall apply for using Mimo regarding conclusion of fee-based subscriptions:

If you purchased Mimo Premium or other offers that are subject to charges through Mimo apps or the Mimo website, you shall have the right to revoke this contract within fourteen days without having to give reason. The revocation right shall exist for a period of fourteen days from the day of purchase. For exercising your revocation right, you shall notify


Mimohello GmbH

Marxergasse 24/2

1030 Vienna

Austria


or


support@getmimo.com


using an explicit statement via postal service or email regarding your decision to revoke the contract (“revocation notifciation”). Dispatch of the revocation notification before the revocation period expires shall suffice to meet the revocation deadline.


Consequences of Revocation


If you revoke this contract, Mimo shall be obligated to refund your purchase, including shipping costs (except for costs that resulted from you opting for another way of shipment than the cheapest standard delivery offered by Mimo) immediately and by no later than fourteen days from the day of receipt of the revocation notification. Mimo shall use the same payment method for this refund that you used for the original transaction, unless a deviating method has been stipulated with you. This refund shall under no circumstances be subject to charges for you.

7. Remuneration and Payment Terms

7.1

The conclusion of Mimo Premium (cipher 4) is subject to charges.

7.2

For payment purposes, subscription fees payable to Mimo will be charged to the credit card account you provided upon purchase of the subscription (cipher 4.3).

7.3

In case the subscription is purchased through the apps, payment shall be made through the in-app purchase process as provided by Apple.

7.5

Your subscription and therefore the payment obligation that comes with Mimo Premium shall automatically renew at the end of the respective subscription period, if you do not terminate your fee-based subscription at least twenty-four hours prior to the expiration of the period (cipher 8.3).

8. Period and Termination

8.1

The free account contract shall start at the time of registration pursuant to cipher 3 for an indefinite period.

8.2

You can terminate the free account contract at any time. For this purpose, you can delete your account in your account settings on the Mimo website.

8.3

Mimo Premium (cf. cipher 4) shall be active at least for the subscription period you selected upon purchase and shall automatically renew if you do not terminate it at least twenty-four hours prior to the expiration of the period. The subscription period shall extend by the same period as the period of the active subscription.

8.4

You can terminate a subscription that you purchased in your account settings on the Mimo website. For this purpose, you need to log in on the Mimo website, open the settings via the menu and choose “Cancel subscription”.

8.5

You can terminate a subscription that you purchased through the apps in your App Store or iTunes settings.

8.6

Termination of the subscription access shall become effective the day after the last day of your subscription period and your account will be changed to a free account contract. Upon reentering into a subscription, you will be regain access to the contents and services as well as your previous progress. If you intend to delete your account, you can do so in your account settings on the Mimo website (cf. cipher 8.2). In such a case, your account and data will be irrevocably deleted.

8.7

The right to suspend and terminate for good cause shall remain unaffected by the aforementioned provisions.

9. Promotional Codes

9.1

Mimo may occasionally offer you promotional codes to purchase Mimo Premium for the time stipulated in the offer at a reduced fee (“codes”). Mimo shall determine at its own discretion if you may redeem a code. Mimo shall have the right to stop or change codes at any time without prior notification.

9.2

Codes cannot be redeemed for cash nor refunded, exchanged or used for other purchases than stipulated in the offer.

9.3

Specific provisions relating to the code may apply in addition to these terms and conditions. If these provisions stipulate a period of validity, the reduced fee shall only apply for this period and increase to the regular fee upon expiration of the period of validity.

10. Liability

10.1

Mimo shall not be liable for user damage claims and only be liable for damages arising from body, life, or health violations or from violations of material contractual duties (cardinal duties) as well as for damages for other damages arising from intentional and gross negligent breach of duty of Mimo, its statutory agents or vicarious agents. Material contractual duties are duties that are required to make proper performance of the contract possible and on whose fulfillment you can rely.

10.2

In the event of violations of material contractual duties, Mimo shall only be liable for the contractual and typically foreseeable damages if these were caused by slight negligence, unless, damages arising from injury to life, body or health are present.

10.3

The restrictions stipulated under ciphers 10.1 and 10.2 shall also apply for duty violations of statutory agents or vicarious agents of Mimo if claims are made directly against these.

11. Warrant of Merchantability

Mimo grants a warrant of merchantability in accordance to the law.

12. Final Provisions

12.1

If one provision of these terms and conditions shall be void, the remainder of the contract shall remain unaffected thereof. The void provision shall, if applicable, be replaced by the statutory provisions.

12.2

The laws of the Republic of Austria shall apply; excluding the UN Convention on the International Sale of Goods (CISG). Statutory provisions (especially consumer protection provisions) as legally required by a your country of residence shall remain unaffected.

12.3

The exclusive place of jurisdiction for all disputes, directly or indirectly resulting from the contractual relationship, shall be the respective court at Mimo’s registered seat of business if you are an entrepreneur, a legal entity of public law or a special public fund, or have no general place of jurisdiction within the Republic of Austria or another EU member state or relocated your residence/business seat after application of these terms abroad and outside the European Union.

Privacy Policy

1. Introduction

Mimohello GmbH, Marxergasse 24/2, 1030 Vienna, Austria (thereafter “Mimo” or “we”) operates mobile applications (“apps”) with interactive courses on computer science, data science, programming, and related topics.


This data protection notification describes the data we collect from you and the purpose of the collection. If you do not agree to this privacy policy, please do not use Mimo.

2. Collection, Use, and Processing of Data

“Personal data” shall be defined as data that can identify you personally (e.g. name, email address or invoice information) and other information that can be connected to this type of information and that allow a conclusion regarding your identity. “Pseudonymized data” shall be defined as data in which the information appropriate for identifying you are replaced by a pseudonym so that the data cannot be matched to you without knowledge of the correlation which is saved outside the data set. “Anonymized data” shall be defined as data where the respective person is unknown and cannot be determined.

2.1

By registering with Mimo, we will collect personal data that you voluntarily submit with registration, specifically your email address and password. We will also collect data regarding country and language that you have saved as standard setting on your device. Without your explicit consent, we will only this data for providing and performing our services. We will only forward your personal data without your explicit consent to third parties if this is necessary for performing our services or for complying with statutory obligations (cf. cipher 3).


We will save your personal data for providing and performing our services. We will delete your personal data after the end of the contract, if are no longer necessary for invoicing purposes or statutory obligations. If a deletion conflicts with statutory, contractual, or by-law imposed storage periods, the data shall be suspended instead.

2.2

If you choose to register with Mimo using your Facebook account, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”), you allow us to collect authentication information such as your username, encoded access information, and other information that is available on or through your Facebook account, e.g. your name, your profile picture, your country, your hometown, your email address, your birth date, your gender, and the names and profile pictures of your friends. Using Facebook Connect is subject to the privacy policy and terms of use of Facebook. With this feature, personal data from the Mimo website can be transferred to your Facebook profile with your consent.


The specific information that is transferred to us will be listed during your first login with Mimo via Facebook. Upon registration through the Mimo website via Facebook Connect, you give consent to transfer profile data from your Facebook profile to Mimo as well as to transfer data to Facebook. Your data transferred through Facebook Connect will be saved and processed by us for registration purposes.

2.3

If you are using Mimo, we will automatically collect personal usage data that is necessary for performing the services and/or invoicing. Personal data is only collected if you register an account or register for the Mimo newsletter. In accordance with statutory provisions, only data necessary for the respective service is collected.


In particular, these are your email address, your password, your country, and your language. In the event that you register via Facebook Connect, we will also collect your first name and last name. To the extent that we ask for additional information, such information is always optional and marked as such.


We will use your provided data without your separate consent only for fulfilling and performing of our services and for complying with statutory requirements. Forwarding of your personal data to third parties shall only occur if this is necessary for performing our services or for complying with statutory requirements.


Your accruing personal data regarding the access history will be deleted immediately after its termination or, if this is legally forbidden, suspended.

2.4

In order to operate Mimo and to ensure use of certain functions, we use cookies for data collection and saving. Temporary cookies will be automatically deleted upon closing of your browser. Permanent cookies will remain on your device and enable us to recognize your browser at your next page visit.


Cookies enable us to comprehend your user behavior. They are also supposed to provide you with optimized surfing on our website. You can configure your internet browser so that you will be notified of cookie storage und decide about their acceptance in an individual case or reject cookies generally or for certain cases.


Certain features might not be able available to you if you prevent cookie storage in your browser settings.

2.5

Google Analytics

Mimo uses Google Analytics, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View CA 94043, USA (“Google”). Google Analytics also uses so-called “Cookies”, text files that are stored on your computer enabling analysis of your use of the internet site. The information created by the cookie regarding your website use will usually be transferred to a Google server in the USA and saved there. Mimo will anonymize the IP address (anonymizeIP() so called IP-masking), and your IP address will be shortened by Google within the member states of the European Union or other contracting states to the Agreement on the European Economic Area. The full IP address shall only be submitted to a Google server in the USA in exceptional cases only and will be shortened there. Google will use this information on behalf of Mimo to evaluate your use of the website, to compose reports regarding website activity and to perform further service relating to further services connected to website and internet use vis-a-vis Mimo. The IP address submitted by your browser within the Google Analytics process shall not be connected with other Google data.


You can prevent cookie storage by a respective browser-software setting, which however has the effect that some features of Mimo websites are not fully useable. You can also prevent Google’s collection of the data created by the cookie and related to your website use (including your IP address) and processing of this data by Google through downloading and installing the following browser-plugin http://tools.google.com/dlpage/gaoptout?hl=de.

The user profiles created by Google Analytics serve the purpose of visitor behavior analysis and are evaluated for improving and customizing of our offers.


The pseudonymized user profiles will not be connected with your personal data without your separate explicit consent.

Adjust

Mimo also uses the analysis technology of adjust GmbH, Saarbrücker Str. 36, 10405 Berlin, Germany (“Adjust”).

Adjust uses your IP and MAC addresses for analytics. This shall however only occur after anonymizing of your data so that a conclusion regarding your identity is not possible. We will use the information obtained hereby only to analyze function and use of the App, e.g. to find out how you became aware of the App.


You consent to the processing of anonymized collected data in the aforementioned way and within the mentioned purpose by using our App. You may object to data collection and saving with effect for the future via email to optout@adjust.io.

2.7

If you are using our trials or if you sign-up for our subscriptions or purchase something via the service, credit card information and other finance related information that are necessary for payment processing will be collected and saved by a payment service provider. We also collect certain limited information, e.g. your postal code, cell phone number and details of your transaction history. Other than that, the payment service providers usually provide us only with very limited information regarding you, e.g. the specific token that enables you to perform further purchases using the data saved by the provider as well as your type of card, expiration date und the last four digits of the number.

3. Social Plugins

3.1

Mimo offers you the opportunity to recommend offers, services and/or products via Facebook. Mimo uses Facebook’s social plugins for this purpose. These services are offered by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (Facebook). The list and the look of the Facebook social plugins can be viewed here and you can find other general information about the social plugins here.


When loading the internet site in your browser, the code of the social plugin will be directly requested by a Facebook server through your browser and integrated into the appearing Mimo internet site in your browser. Mimo has thus no influence on the scope of retrieved data by Facebook in this relation.


According to Facebook's own information, Facebook saves date and time of your visit, the precise Internet address in which the social plugin is located and other technical data, e.g. IP address, browser type, operating system for a period of 90 days in order to optimize Facebook’s services. After expiry of the 90 days, the data will be anonymized so that they cannot be related to you any longer. You can find more information from Facebook here.


If you are logged in on Facebook during a visit on a website of Mimo, Facebook can associate the pages you visited to your Facebook account. Through the interaction with the social plugins (clicking etc.) the information evoked by the interaction will be transferred to and saved by Facebook. You can prevent this by logging-off Facebook prior to visiting our website.

It is also possible to generally block Facebook plugins. There are extensions for respective browsers for this purpose (e.g. the Facebook Blocker) which you have to install and activate on your respective browser. Facebook data protection notifications as well as further setting options for protecting your privacy are available here.


Please also inform yourself regarding Facebook under all provided links as Facebook’s data protection policies are frequently updated and amended due to the extended functionality of social plugins.

3.2

Mimo offers you the opportunity to post offers, services and/or products and/or events etc. via Twitter. For this purpose, we use the service of Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107 and an accordingly configured plugin.

The Tweet-Button enables you to share our contents via Twitter. The button shows the amount of Tweets regarding a shared content.


When loading the website in your browser, the code of the Tweet-Button will be directly requested by a Twitter Inc. server and integrated into the website appearing in your browser. We have thus no influence on the scope of data retrieved by Twitter Inc.

According to Twitter’s own information, Twitter Inc. saves the sent Tweet message and its metadata. This includes the following according to our estimation: Date and time of the Tweet, precise and/or shortened internet address on which the Tweet-Button is located and further technical data, e.g. IP address, browser type or your operation system. Twitter Inc. does not share the information of how long information is saved for. You can find further information of Twitter Inc. here.

4. Newsletter

With newsletter registration, your email address will be used for Mimo information and advertisement until you cancel the newsletter. Cancellation is possible at any time. You have given your consent to the following either separate or explicitly during the ordering process, and we have recorded your consent.


You can revoke this consent effective for the future at any time by clicking “Unsubscribe” at the end of the newsletter or sending your revocation to Mimo to the following contact address:


Mimohello GmbH

Marxergasse 24/2

1030 Vienna

Austria


Revoking your consent for receiving the newsletter will not cause any costs for you; except for transmission costs pursuant to the respective basic rates of your phone or internet provider.


If we received your email address in connection with selling goods or services, we are also entitled to send you newsletters for direct advertising of our own similar goods or services without your (explicit) consent, unless you have rejected such use. You can object to this use at any time with effect for the future without occurring any costs other than transmission costs pursuant to basic tariffs.

5. Security

Data protection is a special concern for us. Your password protects your Mimo account and should therefore be a strong password that you do not use elsewhere. You should restrict access to your device and log out after using Mimo.


The Mimo apps, systems, and website are protected through organizational and technical measures against access, alteration, destruction, distribution, and loss of your personal data through unauthorized parties. However, complete protection against all hazards cannot be guaranteed.

6. Links

Mimo shall be entitled to display advertisements or other content that contain links to third-party websites. Only the provider of the website referred to shall be liable for illegal, erroneous or incomplete contents and particularly for damages that result from use or non-use of these links. We have no influence particularly on the data protection measures and contents of the sites linked to.

7. Account Access, Update, and Deletion

You can access, change, and delete your personal data in your account settings on the Mimo website.

8. Inquiries

If you have any questions or comments about this data protection notification or your personal data, please contact us via support@getmimo.com can certainly always request free of charge information regarding data we saved about you, e.g. via email support@getmimo.com. We will answer within an appropriate period after proof of identity. You may possibly be entitled to request that your data will be corrected, suspended or deleted.

9. Changes to this Privacy Policy

We will occasionally change this data protection notification in order to incorporate new functions, features, products or services and to ensure the protection of your personal data. These changes and the current data protection notification are available on this site for you anytime. If we are making material changes, particularly regarding collection, use or processing of your personal data, we will notify you of this via email or inform you no later than during your next Mimo login.