Terms of Service
1. Subject and Scope
Mimo applications for Android and iOS (“apps”), websites (“websites”), and related services (together with the apps and websites, the “services”) are operated by Mimohello GmbH, Marxergasse 24/2, 1030 Vienna, Austria (thereafter “Mimo,” “us,” or “we”).
Your use of the services is subject to the following terms and conditions.
By accessing or using any part of the services, you accept the application of these terms and conditions.
The content of the contract concluded between Mimo and you follows these terms and conditions as well as any additional information provided during the processes of registering and entering into a subscription or trial.
Mimo may amend, change, or update these terms and conditions. If Mimo does not obtain your specific consent for any revisions of its terms and conditions, you will be notified at least seven days prior to the effective date of the updated terms and conditions.
Any revisions to the terms and conditions will become effective the earlier of the end of the seven-day period or the first time you access or use the services after such revisions.
If you do not agree to the revisions, you may not be able to continue to access or use the services from the effective date of the updated terms and conditions, if providing the services under the scope of the current terms and conditions is not possible or unreasonable for Mimo.
2. Services and Rights
The services allow you to access and use a variety of educational content and services on computer science, data science, programming, software development, and related topics.
The scope of the services may depend on the type of account, subscription, or trial you have.
The services are provided to you as a non-transferable, non-exclusive license to access and use as well as download and install, if applicable, a copy of the services in object code form on a compatible device in your control or ownership.
Mimo may change, update, suspend, make improvements to, or discontinue aspects of the services.
Mimo trademarks as well as domain names, logos, trade names, and other features of the Mimo trademark are under the sole ownership of Mimo or their respective owners. Access or use of the services does not grant or provide you with the right or license to reproduce or otherwise use domain names, logos, trade names, and other features of the Mimo trademark.
To access and use the services, you are required to register, i.e. create an account.
You may use your email address along with a self-determined password or a single sign-on application provided by third parties such as Facebook or Google to create an account.
You are required to maintain the confidentiality of your password and other information related to the security of your account.
You agree to provide accurate, complete, and current information about you as requested by Mimo.
To create an account, you are required to be at least eighteen years of age. If you are at least fourteen years of age, you are allowed to register create an account with consent of your statutory agents. Mimo has the right to make its services subject to appropriate proof of identity or consent of your statutory agents.
Mimo offers automatically renewable subscriptions (“subscriptions”, “Mimo Premium”) for a variety of periods (“subscription periods”).
A subscription enables you to access and use the full scope of the services for the subscription period.
To enter into a subscription through the websites, you are required to choose a subscription period on the websites, provide your credit card information, and confirm your purchase, upon which you will receive a receipt via email.
To enter into a subscription through the apps (“in-app subscription”), you can choose a subscription period within the apps and confirm your purchase, upon which you will receive a receipt via email. In-app subscriptions use the in-app purchase functionality of the App Store on iOS or Google Play on Android (“app stores”).
Mimo may occasionally offer you to access and use the full scope of the services for trial purposes (“trials”) for a variety of periods (“trial periods”).
Mimo may, in its sole discretion, determine your eligibility for a trial and suspend or discontinue trials at any time.
To start a trial, you may be required to provide your credit card information on the websites or use the in-app trial functionality of the app stores within the apps and confirm your trial.
Your trial may convert into a subscription after the trial period. In such a case, the subscription period will be part of the information provided in the trial offer.
To prevent a trial from converting into a subscription, you may terminate the trial within the trial period on the websites or within the app stores.
6. Promotional Codes
Mimo may occasionally offer you promotional codes to purchase subscriptions for a variety of subscription periods at a reduced fee (“promotional codes”).
Mimo may, in its sole discretion, determine your eligibility for a promotional code and suspend or discontinue codes at any time.
Codes cannot be redeemed for cash, refunded, exchanged, or used for other purchases than stipulated in the offer.
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.
If you have purchased a subscription or other services subject to charges on the websites as a consumer, you have the right to revoke this contract within fourteen days without the need to specify reasons.
This revocation right will exist for a period of fourteen days from the day of the purchase.
To exercise your revocation right, you are required to notify Mimohello GmbH, Marxergasse 24/2, 1030 Vienna, Austria or email@example.com using an explicit statement regarding your decision to revoke the contract (“revocation notification”).
Dispatch of the revocation notification before the revocation period expires is sufficient to meet the revocation deadline.
Consequences of Revocation
If you revoke this contract, Mimo will refund your purchase by no later than fourteen days from the day of receipt of the revocation notification using the same payment method for the refund that you have used for the original transaction, unless a deviating method has been stipulated with you.
Revocation Notification Template
If you wish to revoke the contract, please complete and return the following form to Mimohello GmbH, Marxergasse 24/2, 1030 Vienna, Austria or firstname.lastname@example.org:
I hereby revoke the contract concluded by me regarding the performance of the following service:
Signature (if provided on paper)
The conclusion of a subscription is subject to charges (“payment”).
If you have purchased a subscription on the websites, payment will be made using the credit card information you provided upon entering into the subscription.
If you have purchased the subscription within the apps, payment will be made through the in-app purchase functionality as provided by the app stores.
Your payment obligation will renew alongside your subscription at the end of the subscription period, unless you terminate your subscription at least twenty-four hours prior to the end of the subscription period.
The services start at the time of registration pursuant for an indefinite period.
You can terminate the services at any time. For this purpose, you are required to delete your account in your account settings on the websites.
The subscription will be active for the subscription period selected at the time of purchase and will automatically renew unless terminated 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.
You can terminate a subscription you have purchased on the websites in your account settings on those websites.
You can terminate an in-app subscription within the app stores.
A termination of the subscription will become effective the day after the last day of the subscription period and your account will be converted to an account.
Upon reentering into a subscription, you will be able to access and use the full scope of the services and retain any previous progress.
If you intend to delete your account, you can do so in your account settings on the websites. In such a case, your account and personal information will be irrevocably deleted, regardless of whether there are any active subscriptions.
10. Limitation on Types of Damages and Liability
Mimo is not liable for user damage claims and only liable for damages arising from body, life, or health violations or from violations of material contractual duties as well as for damages for other damages arising from intentional and gross negligent breach of duty of the company or its statutory or vicarious agents.
In the event of violations of material contractual duties, Mimo is only 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.
The restrictions stipulated under ciphers 10.1 and 10.2 also apply for duty violations of statutory or vicarious agents of Mimo.
If one provision of these terms and conditions shall be deemed as void, the remainder of the terms and conditions shall remain in full force. If applicable, the void provision shall be replaced by the statutory provisions.
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 your country of residence shall remain unaffected.
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, 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.
We want to show you that we handle your personal information in a confidential and responsible way and that any processing of your personal information takes place in compliance with the General Data Protection Regulation („GDPR“) as well as the Austrian data protection act in its current form.
To avoid unauthorized access to your personal data and generally secure such data, we and our partners use encrypted transmission and encrypted storage. Those safety measures are constantly revised to comply with the latest technological developments.
2. Information we collect
When you register for, access, or use the Services, we process certain of your personal information (“Data” or “Information”).
If you visit the Websites, we process only Data that your browser communicates to our servers. We collect the following Data, which is necessary for us in order to display the Website correctly and guarantee the necessary stability and safety:
- IP address;
- date and time stamp;
- time difference to GMT;
- requested site;
- access status/HTTP status code;
- transmitted data volume;
- site from which the request was sent;
- operating system and interface; and
- language and version of the browser software.
Depending on your choice of registration, we process the following Data:
- email address and full name.
Facebook single sign-on application:
- email address, full name, gender, age range;
- language, country, time zone;
- devices, browser, IP address;
- third-party ID; and
- profile picture, cover picture.
Google single sign-on application:
- email address, full name, gender;
- IP address; and
- profile picture.
When you make purchases in the Services, we process the following Data:
- credit card information; and
- subscription status.
When you use the Services, we process the following Data:
- when you launch, signup to, login to, and logout of the Services;
- when you purchase something in the Services; and
- what kind of tracks, courses, and exercises you complete.
3. Use of Information
The processing of Data pursues the following purposes ("Purposes"):
- providing the Services;
- customer relations management (e.g. support);
- marketing for our own products (newsletters, push messages);
- personalizing your experience of the Services;
- research and development;
- communicating with you about the Services;
- market, promote and drive engagement with the Services;
- ensuring safety and security; and
- protecting our legitimate business interests and legal rights.
The lawfulness of processing (Art. 6 GDPR) stems from
- the consent pursuant para. 1 subpara. a GDPR upon registration;
- the necessity for the performance of contract fulfillment pursuant para 1 subpara. b GDPR, as your Data is needed for a satisfactory use of the Services; and/or
- the necessity for the purposes of the legitimate interests pursued by the Company or by a third party.
4. Information we share
We transmit Data to third parties only if this is necessary for the Purposes, due to a request from a national authority, due to a court ruling, or if you have consented beforehand.
For some tasks we use the help of service providers (e.g. tax advisors or analytics services) which we have chosen and instructed carefully, or other third parties. Some service providers are situated in the United States. Therefore, Data is transferred to third parties in third countries, all of which adhere to the EU-US privacy shield (see https://www.privacyshield.gov/welcome for more information):
- Auth0, Inc., 10900 NE 8th Street Suite 700, Bellevue, WA 98004, USA;
- Facebook, Inc., 1601 South California Avenue, Palo Alto, CA 94304, USA (“Facebook”);
- Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”);
- Mixpanel, Inc., 405 Howard St., Flr 2, San Francisco, CA 94105, USA (“Mixpanel”);
- Peaberry Software Inc., 921 SW Washington St, Suite #820, Portland, OR 97205, USA (“Peaberry”);
- Slack Technologies, Inc., 500 Howard Street, San Francisco, CA 94105, USA;
- Snap, Inc., 63 Market St., Venice, CA 90291, USA;
- Stripe Inc., 185 Berry Street, Suite 550, San Francisco, CA 94107, USA; and
- Zendesk, Inc., 1019 Market Street, 6th Floor, San Francisco, CA 94103, USA.
5. Updating or deleting Information
We store your Data as long as you are a registered user of the Services. Where we retain information for Service improvement and development during your membership, we take steps to eliminate information that directly identifies you and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal details about you.
After you have deleted your account we only store Data if it is legally necessary (because of warranty, limitation or retention periods) or otherwise required.
Data will be deleted if you (a) revoke your consent to the storage (b) Data is not needed to fulfill the user contract concerning the Services anymore, or (c) the storage is or becomes legally impermissible. A deletion request does not affect Data, if the storage is legally necessary, for example for accounting purposes.
To exercise the rights defined in Section 7.2 to 7.8, please send a request via email to the Email Address or via mail to the postal address depicted in the legal notice on the Website. Please find the current contact details under http://getmimo.com/legal.
You can revoke the consent for future data processing at any time. However, this does not affect the lawfulness of Data processing based on the consent before the revocation. Should the processing of Data be lawful due to another reason stated in 4.2, we may continue to process your Data on these grounds.
You have the right to obtain (i) confirmation as to whether or not your Data is being processed by us and, if so, (ii) more specific information on the Data. The more specific information concerns, among others, processing purposes, categories of Data, potential recipients or the duration of storage.
You have the right to obtain from us the rectification of inaccurate Data concerning you. In case the Data processed by us is not correct, we will rectify these without undue delay and inform you of this rectification.
Should you decide you do not want us to process your data any further, please contact us under our current contact details http://getmimo.com/legal. We will erase your Data immediately and inform you of this process. Should mandatory provisions of law prevent such erasure, we will inform you without undue delay thereof.
You have the right to obtain from us a restriction of processing of your Data in the following cases:
- You make an inquiry pursuant para. 7.4, if you so request;
- you are of the opinion, that the processing of your Data is unlawful, but are opposed to an erasure of Data;
- you still require the Data for the establishment, exercise or defense of legal claims; or
- you have objected to the processing pursuant para. 7.8.
You have the right to (i) receive your Data in a structured, commonly used and machine-readable format and (ii) transmit those Data to another controller without hindrance from us.
You have the right to object at any time to the processing of Data based on our legitimate interests, including profiling and direct marketing purposes.
You have the right to lodge a complaint with a supervisory authority if you think that the processing of Data infringes applicable law, especially the GDPR.
You can disable the cookies by entering the corresponding settings in your browser software (e.g. in Internet Explorer, Mozilla Firefox, Opera, or Safari). However, in this case you may jeopardize the use of the complete range of functions on the Websites.
8.1 Google Analytics
8.2 Google Analytics for Firebase
General. For the Apps on iOS and Android we use the services of Adjust GmbH (Saarbrücker Str. 37a, 10405 Berlin, Germany, “Adjust”). Purpose and Opt-Out. Adjust allows us to us to track and analyze which marketing channels or sources are producing the best results for directing users to download the Services and to help us understand how our users are using the Services. For this purpose Adjust processes mobile identifiers such as the Google Advertising ID (“GAID”) and the ID for Advertising for iOS (“IDFA”)or similar mobile identifiers. For more information on Adjust, see https://www.adjust.com/privacy-policy/, especially section 3. To opt out of tracking by Adjust please go https://www.adjust.com/forget-device/. The basis for the processing is Art 6 para 1 subpara f GDPR.
8.5 Facebook Analytics
For the Apps on iOS and Android we use Facebook Analytics (for more information see here). This allows us to track and analyze which marketing channels or sources, in connection with Facebook, are producing the best results for directing users to download the Services and to help us understand how our users are using our Apps. For this purpose, Facebook Analytics processes mobile identifiers such as the IDFA, GAID or similar mobile identifiers. For more information on Facebook Analytics, see https://developers.facebook.com/docs/analytics. The basis for the processing of Data is Art 6 sec 1 subsec f GDPA.
We are acting as the controller for the data processing within the meaning of the GDPR.