Terms of Service
1. General Provisions
1.1
Mimo GmbH, Währinger Straße 2-4/48, 1090 Vienna, Austria (“Mimo,” “us,” or “we”) provides applications for Android and iOS (“Apps”), websites (“Websites”) and related services such as online communities via Discord or live sessions via Zoom (together with the Apps and Websites, the “Services”) that allow you to access and use various educational content and training services on computer science, data science, programming, software development and similar topics as well as tools for software development. Any use of the Services is subject to the following terms of service (“ToS”), in each case in the version valid at the time of conclusion of any contractual agreement between you and Mimo (“Contract”).
1.2
Mimo reserves the right to amend the ToS (“Amended ToS”) at any time and without giving reasons. Amended ToS must be announced by us at least 14 days before they come into force by sending the text of the Amended ToS to the email address you last provided. If you do not object to the changes within these 14 days in writing (e.g. by email to support@mimo.org), the changes shall be deemed accepted. If Amended ToS affect fees or the scope of Services to existing Contracts, these amendments are only permissible with your consent. In the event of a timely objection or, as applicable, if no consent is given, the Contract shall continue in accordance with the ToS valid at the time of conclusion of the contract; however, in such case, your Subscription will terminate at the end of the respective Subscription Period (no automatic renewal; see section 2.8), without this requiring a separate notification by Mimo.
2 Subject and Scope of Services, Subscription
2.1
Mimo is solely responsible for the provision and operation of the Services. Mimo assumes no liability that you will successfully complete tasks based on our Services or achieve a particular goal or learning outcome with our Services.
2.2
The scope of the Services may depend on your Subscription type. Mimo may publish additional Features. Features are independent of the scope of any Services and are provided by Mimo solely at its discretion in terms of accessibility, scope and availability. You cannot assert any claims for the future from accessing or using the Features. In particular, there is no entitlement to permanent access and unrestricted use. Mimo may deactivate, change or restrict features at any time and without notice.
2.3
Mimo offers automatically renewable subscriptions (“Subscription”) at different tiers for different periods (“Subscription Period”). Only Subscription enables you to access and use the Services. To enter into the Subscription
- via the Websites, you are required to choose a Subscription Period on the Websites, provide your credit card or similar payment information, and confirm the Subscription, upon which you will receive a receipt via email;
- via the Apps, you are required to choose a Subscription Period within the Apps and confirm your Subscription, upon which you will receive a receipt via email; this Subscription uses the in-app purchase functionality of third-party App Stores; the App Store on iOS and Google Play on Android (“App Stores”).
2.4
To subscribe, access and use the Services via the Website, the prerequisite is registration by creating an account. Registration is not obligatory when using the apps. However, you may use your email address along with a self-determined password or a single sign-on application provided by third parties such as Apple, Facebook, or Google (if provided by Mimo) to create an account. In this connection you
- agree to provide accurate, complete, and current information about you as requested by Mimo;
- are required to maintain the confidentiality of your password and other information related to the security of your account.
2.5
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 create an account with the consent of your legal guardians. Mimo has the right to make its services subject to appropriate proof of identity and/or consent of your legal guardians.
2.6
The conclusion of a Subscription is subject to payment (“Payment Obligation”), due at the beginning of the Subscription. Concerning Subscriptions entered into
- on the Websites, payment will be made using the credit card or similar payment information provided by you upon the conclusion of the Subscription;
- within the Apps, payment will be made through the in-app purchase functionality provided by the App Stores.
2.7
A Subscription to our Services will automatically renew unless terminated at least twenty-four hours before the expiration of the Subscription Period. Mimo will inform you about the upcoming renewal at least 15 days in advance via email to the email address you last provided. Upon renewal, the Subscription Period will be extended by an additional equivalent Subscription Period. Your Payment Obligation will renew together with your Subscription.
2.8
Mimo may occasionally offer you access and use of an extended scope of the Services for trial purposes (“Trial”) for different periods (“Trial Periods”). Trials are Subscriptions free of charge that may, at our sole discretion, be determined, suspended, or discontinued at any time. To start the Trial, you may be required to provide your credit card information and confirm the Trial. Your Trial may convert into a subscription after the Trial Period. This and the Subscription Period will be part of the information provided in the trial offer. To prevent a Trial from converting into a Subscription with payment obligation, you may terminate the Trial within the Trial Period on the Websites or within the App Stores, depending on how you entered into the Trial.
3. Reservation of Rights
3.1
Any rights regarding the Services or documents, in particular, learning- or project documents, scripts, databases, or other learning material and content (including recordings) available through the Services, including audio, designs, graphics, images, information, software, text and other files as well as their arrangement and selection (together “IP”) provided to you are protected and belong to Mimo or our licensors. Subject to this ToS, Mimo grants you a non-exclusive and non-transferable license regarding the IP to use the Services on a compatible device in your control or ownership. Any other use, in particular any copy, display, download, post, reproduce, republish, scrape, transfer, or transmission, in any form or by any means, in whole or in part, to third parties or distribution or making available of the IP is not permitted and requires the prior written consent of Mimo. Furthermore, “Mimo” and all other trademarks, service marks, graphics and logos used in connection with the Services are owned by Mimo or our licensors. Access or use of the Services does not grant or provide you with the right or license to use these trademarks, service marks, graphics, and logos.
3.2
You may not derive or attempt to derive the source code of any part of the Services, permit any third party to derive or attempt to derive such source code, or decompile, disassemble, reverse engineer, or translate the Services or any part thereof.
4. Content
4.1
By creating, storing, or submitting any images, information, reviews, source code, text, translations or other materials through the Services (“Content”), you grant Mimo an irrevocable, non-exclusive, unlimited in time, perpetual, royalty-free, transferable, and worldwide license to use, edit, reproduce, copy, create derivative works from, display, make available or publish, distribute, excerpt, reformat, reuse and translate such Content for providing the Services as well as personalizing your experience of and promoting the Services.
4.2
Furthermore, you
- represent that you own or have the necessary legal rights for the Content to be used by you through the Services;
- warrant that you will not create, store, submit, or otherwise provide through the Services any Content that is
- abusive, harassing, hateful, offensive, threatening, or otherwise violates any law or infringes the rights of any third party (including copyright, privacy, publicity, trademark, or other personal or proprietary rights);
- explicit or objectionable, damages, exploits, or otherwise impairs the Services in any way (in particular, but not exclusively, scams, conspiracy theories, content that violates the protection of minors); or
- exposing Mimo or any third party to harm or liabilities of any kind.
4.3
Furthermore, Mimo reserves the right to
- monitor content created and stored through the Services;
- remove any Content that is considered inappropriate; and
- terminate your access to the Services at any time, particularly for violations of these ToS.
5. Promotional Codes
5.1
Mimo may occasionally offer you promotional codes to purchase Subscriptions for various Subscription Periods at a discount (“Promotional Code”).
5.2
At its sole discretion, Mimo may determine your eligibility for a Promotional Code and suspend or discontinue Promotional Codes at any time.
5.3
Promotional Codes cannot be redeemed for cash, refunded, exchanged or used for purchases other than those stipulated in the offer.
5.4
Specific provisions relating to the Promotional Code may apply in addition to the ToS. If these provisions stipulate a period of validity, the discount only applies for such period.
6. Revocation
6.1
By default, we exclude the revocation of this contract (“Revocation”) by complying with the legal conditions of § 18 FAGG in the purchase process so that you can use our Services immediately.
6.2
However, if you have purchased a Subscription or other Services subject to charges as a consumer and we did not comply with § 18 FAGG, you may state Revocation. Therefore, we inform you that
- the right will exist for a period of fourteen days from the day of the purchase (“Revocation Period”);
- to exercise the Revocation, you are required to notify Mimo via mail or email.
- dispatch of the Revocation Notification before the Revocation Period expires is sufficient to execute the Revocation.
6.3
If a Revocation is permissible and you wish to revoke please complete and return the following form to Mimo GmbH, Währinger Str. 2-4/48, 1090 Vienna, Austria or support@mimo.org:
I hereby revoke the contract concluded by me regarding the performance of the following service:
Ordered on:
Name:
Address:
Signature (if provided on paper):
Date:
6.4
If you properly 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.
7. Termination
7.1
Any Subscription shall exist for the Subscription Period or any other period agreed. You can terminate a Subscription you have purchased
- on the Websites, in your account settings on the Websites;
- within our Apps, through the App Stores.
7.2
Termination of a Subscription will become effective upon lapse of the last day of the Subscription Period or any other period agreed.
7.3
You may terminate any other Services by deleting your account in the account settings within the Apps or on the Websites. However, if you entered into a Subscription, deleting your account does not automatically terminate your Subscription.
7.4
Upon re-entering into a Subscription, you regain the ability to use the extended scope of the Services.
7.5
Notwithstanding the foregoing, any Contract may be terminated at any time for good cause by either party without notice.
8. Limitation on Types of Damages and Liability
8.1
Mimo excludes any claims for damages against it related to our contractual relationship, except based on intentional or grossly negligent behavior by Mimo and in relation to personal injury. This restriction of liability also applies to Mimo affiliates and legal representatives of Mimo and Mimo affiliates in case claims are made directly against them.
9. Miscellaneous
9.1
If any provision of the ToS is invalid, the remainder of it remains valid and statutory regulations take effect over the invalid provisions.
9.2
Amendments, supplements, and ancillary agreements of the ToS must be made in writing to be effective. This also applies to the agreement to derivate from this formal requirement.
9.3
In case of contradictions between the ToS and deviating written agreements between you and Mimo, the provisions of the deviating agreements shall prevail.
9.4
The laws of the Republic of Austria apply, excluding the United Nations Convention on the International Sale of Goods (“CISG”) and the conflict-of-law rules of private international law. With respect to customers, this choice of law shall only apply to the extent that the protection granted by the mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn.
9.5
The exclusive place of jurisdiction for disputes, directly or indirectly resulting from the contractual relationship, is the respective court at Mimo’s registered seat of business. With respect to customers, this place of jurisdiction shall only apply to the extent that national law does not provide a mandatory place of jurisdiction for consumers.
These terms were last modified on September 25, 2024, and take effect on October 3, 2024.