Terms of Service

General Terms of Service

 

1. Object and Validity

1. The company

My Daily Input GmbH, Am Hirschsprung 54, 14195 Berlin Germany

Email address: service@mydailyinput.com, Commercial Register: HRB 179333 B

Register Court: Berlin-Charlottenburg, Managing Director: Tim Kauermann

VAT-ID No. according to § 27 of the Umsatzsteuergesetz: DE308192196

(hereinafter referred to as "MDI") operates a platform for mobile learning on the internet portal http://www.mydailyinput.com and other websites, as well as mainly via mobile applications (so-called Apps) (hereinafter referred to as "Platform"). Here you have the possibility to learn knowledge of various topics.

2. The use of the platform is based on the following Terms of Service – ("ToS") in their valid version at the time of registration or order. MDI does not acknowledge any deviating general terms and conditions of you, unless MDI expressly agrees to their validity in writing.
3. The content of the contract concluded between you and MDI results from these Terms of Service as well as the specific information provided during registration (see Section 3) and when ordering a paid subscription (Section 4) and/or other content, which is stored by MDI and can be accessed in your user account at any time.
4. With the registration, the purchase of a paid subscription or the purchase of other contents, as the case may be, you accept the validity and applicability of these Terms of Service
5. The Terms of Service do not contain a binding offer of MDI for different subscriptions, but form the legal framework for current and future subscriptions.

 

2. Services and Rights of MDI

1.  MDI provides you with daily online articles on topics that enable you to learn something new every day. For this purpose, MDI provides you, among other things, with your own personal profile, which you can fill as you wish with the platform content you have selected and which will be sorted into various categories and lists.
2. The scope of the provision of platform content and the possibilities of use (the "license") depend on the type of account you have chosen. a distinction is made between a free account (see section 3), a paid subscription (see section 4) and a free trial subscription (see section 5). The license is limited in time to the term of the free account / paid subscription / free trial subscription.
3. The rights to the service of MDI and the contents, which are distributed through MDI, stand and remain with MDI and / or the licensors of MDI. The MDI Software Applications and Content are licensed to you within the scope of the contractual use. We grant you only a non-exclusive (simple), time-limited right to make personal use of the MDI Service and its Content.
4. All of MDI's trademarks and our trade names, logos, domain names and other distinctive features of the MDI Brand are the sole property of MDI. The license does not give you any right to use any of MDI's trademarks, our trade names, logos, domain names or other distinctive features of the MDI Brand, whether for commercial or non-commercial purposes.
5. MDI is permitted to provide you with promotional information on the Platform.

 

3. Registration with MDI

1. Registration with MDI is not required in order to use MDI services.
2. Registration is required in order to access the platform on other devices and view your articles there, as well as benefit from other additional functions / features. You can register if you are at least 18 years old. If you are a minor, you may only register with MDI if you are at least 14 years old and your legal guardians have given their consent. We are entitled to make the use of the services of MDI dependent on a suitable proof of your identity, your legal age or the consent of your legal representative.
3. The registration itself is free of charge (free account) and does not obligate you to conclude a paid subscription. With the registration you conclude a contract with MDI for a limited, free use of the platform.
4. You can use your e-mail address and a password of your choice for the registration. A registration via e-mail address is equivalent to a log-in via a so-called social connect service (e.g. Facebook Connect) or comparable external services (e.g. Google or Apple log-in).
5. Any information required for registration must be complete and correct and always up to date. MDI is entitled to store and process the data you provided during registration in accordance with the provisions on Data Protection.
6. The password used is to be kept secret. The secrecy is solely and fully your responsibility. The MDI user account may only be used by yourself. Any unauthorized use of your user account, as well as any suspicion thereof, must be reported to MDI immediately.

 

4. Executing an Agreement for a paid subscription

1. In order to be able to use the services of MDI to the full extent, additional service packages are available to you after registration in the form of paid subscriptions ("Subscriptions"). These subscriptions can be concluded for different, if necessary also variable periods of time, which are indicated to you in the order options.
2. The subscription accesses of MDI are fee-based subscriptions that enable you to access additional content or functions / features via our applications free of advertising banners. The access to the respective services is valid as long as the subscription exists.
3. You make a legally binding offer for a paid subscription when you enter the data requested from you in the online order form and finally click the "Subscribe Pro" button. By doing so, you are making a legally binding offer to conclude a contract for a paid subscription. Before submitting your order, you can change and view the data at any time.
4. The contract is concluded by the submission of a notice of acceptance by MDI (order confirmation), which will be sent to you within a reasonable time by e-mail. If you have purchased your paid subscription via MDI's web-based application, MDI will send you the order confirmation together with the confirmation of receipt by e-mail immediately after your order. If you purchased your paid subscription through an in-app purchase (see also paragraph 5), you will receive a confirmation of receipt from the third party app store after you place your order, which will be deemed to be a notice of acceptance. From this day on, your subscription begins. The text of the contract will be stored in compliance with data protection laws. For information on the collection, use and processing of your data, please read our Privacy Policy.
5. You can also sign up for a paid subscription through an in-app purchase via our iOS or Android app. To do this, you need to select the option you want on the subscription screen within the app and follow the ordering process of the third-party app stores. You should then receive a confirmation of receipt from the third-party app store (and not directly from MDI).

 

5. Trial Subscriptions/Test Phases

1. From time to time MDI may offer, especially to new users, the use of the subscription access for a certain period of time free of charge for testing purposes (so called "trial subscription "). MDI will determine in its sole discretion whether you are eligible for a trial subscription. MDI may discontinue or modify any such free trial subscription at any time without notice or prior notice for good cause.
2. Some trial subscriptions are only available to you if you provide payment information when you sign up for the trial subscription. In such a case, at the beginning of the trial subscription, we require your consent for your free access to be converted into a paid subscription of a subscription access (clause 4.) after the expiry of the trial subscription on the day following the end of the trial subscription. In this case, your subscription will be renewed on a recurring basis and can be cancelled up to one day before the end of the respective subscription period (section 8.2).
3. If you do not want the subscription access and the associated charge in a case according to clause 5.2, you must cancel your subscription access provided to you under the trial subscription before the end of the trial subscription (Easily via your MDI account settings or the relevant settings of the relevant app store).
4. For subscriptions that are excecuted via our website (section 4) and have a term of at least one year, we grant a 14-day money-back guarantee. For subscriptions that are concluded as in-app purchases (section 4.5), we have no influence on refunds and therefore cannot guarantee a refund within 14 days.

 

6. Other Purchases

1. If you like MDI, you can support us financially independent of a registration or subscription. To do this, you can make an appropriately marked in-app purchase in the app giving us a tip. To do this, you will need to select your preferred option on the Support Us screen within the app and follow the rest of the third-party app store process. After completing the third-party app store process, you should receive a receipt from the third-party app store (and not directly from MDI).

No additional consideration beyond the regular use of the Platform will be provided by MDI.

 

7. Cancellation Policy

1. If you are a consumer (i.e. a natural person who concludes the legal transaction for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity), you are entitled to a statutory withdrawel right when concluding a distance selling agreement, about which MDI informs you in the following in accordance with the statutory model. Please note that in the case of an in-app purchase, you have a right of withdrawal within the respective app store, e.g. Apple App Store or Google Play Store. A model withdrawel form can be found in section 7.3.

 

- BEGINNING CANCELLATION - Right of withdrawal

 You have the right to withdraw from this contract within fourteen days without giving any reason.  The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us

 My Daily Input GmbH, Am Hirschsprung 54, 14195 Berlin Germany

E-mail address: service@mydailyinput.com

by means of an unequivocal statement (e.g. a letter sent by mail or e-mail) about your decision to withdraw from this contract. For this purpose, you may use the enclosed model withdrawal form, which, however, is not mandatory.

To comply with the withdrawal period and meet the deadline, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

 Consequences of withdrawel

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawel of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We can only ensure the repayment in the short term via money sent directly to us. Payments made via in-app purchases in the App Store (Apple) or Google Play Store (Google) are subject to the respective requirements of the respective store.

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the costs incurred up to the time you notify us of the exercise of the right of withdrawal in comparison with the full coverage of the contract.

- END OF THE CANCELLATION POLICY –

2. The right of withdrawal expires in case of a contract for a further purchase according to clause 6, if the execution of the contract has been started (i.e. the money has been paid) after you have agreed to the start of the execution of the contract before the expiry of the withdrawal period and have confirmed your knowledge that you thereby lose your right of withdrawal.
3. MDI informs about the model withdrawal form according to the legal regulation as follows:
4. Model Withdrawal Form

(If you want to withdrawel the contract, please fill out and return this form).

- To:

My Daily Input GmbH Am Hirschsprung 54 14195 Berlin Germany

E-mail address: service@mydailyinput.com

- I hereby revoke the Agreement concluded by me for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- E-mail address of the consumer(s) relevant to the contract

- Signature of consumer(s) (only in case of paper communication)

- Date

(*) Delete where not applicable.

  

8. Reimbursement and Payment Methods, Compensation and Retention Rights

1. MDI may offers for this purpose the payment methods credit card, Paypal and possibly other payment methods specified before the start of the ordering process.
2. When purchasing a subscription via the iOS or Android apps of MDI, payment is made via the in-app purchase process of Apple or Google.
3. As part of your subscription access, your payment obligation towards MDI will be automatically renewed at the end of the respective subscription term if you do not cancel your paid subscription at least 24 hours before the end of the term (section 9.2).
4. You are not entitled to offset any claims against claims of MDI, unless your counterclaims are legally established or undisputed. You are also entitled to set off against the claims of MDI if you assert complaints for defects or counterclaims based on the same agreement
5. You may only exercise a right of retention if your counterclaim arises from the same agreement.

 

9. Term and Cancellation

1. The free user contract runs from the time of your registration according to Section 3 of these terms of Service for an indefinite period. You can cancel the free user contract at any time. For this purpose, you can delete your account via our apps under the menu item "More".
2. The paid subscription for the subscription access (see Section 4) runs at least for the term originally selected by you and is automatically extended if it is not cancelled at least 24 hours before the expiry of this time. The subscription period will be extended according to the subscription model you have used so far. You can cancel as follows:

• You can cancel paid subscriptions that you completed via our web app under the "More" menu item of the web app.
• You can cancel a paid subscription completed via our IOS or Android apps in your iTunes or Google Play settings or, if applicable, via the apps.

3. Cancellation of your subscription will take effect on the day after the last day of your current subscription period and you will be downgraded to the free account. If you want to delete your account completely, you can do this via the settings of our web app and or app under "More". All data will then be irrevocably deleted.
4. The right to blocking and cancellation due to an important reason remains unaffected by the foregoing provisions.

 

10. Changes

1. MDI enables the use of the platform in its respective concrete design according to the state of the art. You have no claim to the production or maintenance of certain technical specifications. MDI has the right at any time to make changes to the platform or to develop this further. MDI endeavors to provide the Platform as error-free as possible, but the absence of errors cannot be guaranteed. A defect of the platform is in any case, if the usability is fundamentally disturbed. You can report possible defects to MDI (e.g. by e-mail to service@mydailyinput.com) and support MDI in correcting the defect. MDI is not responsible for technical or other disturbances, which are not in the sphere of influence of MDI, as well as force majeure.
2. MDI cannot guarantee that the use of the platform is possible with every end device or every conceivable connection. The establishment or maintenance of usability is your responsibility. However, MDI provides information about system requirements and compatibility. Trouble-free access to the Internet is a basic requirement for use.

 

11. Liability

1. MDI disqualifies any claims for damages coming from you. Excluded from this are claims for damages resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by MDI, its legal representatives or affiliates. Essential contractual obligations are those whose fulfillment makes the proper execution of the Agreement possible in the first place and on whose fulfillment you may rely on.
2. In case of breach of essential contractual obligations, MDI shall only be liable for the foreseeable damage typical for the contract, if this damage was caused by simple negligence, unless it is at the same time a claim for damages due to injury to life, body or health.
3. The limitations mentioned in clauses 11.1 and 11.2 also apply to breaches of duty of MDI's affiliates and legal representatives, if claims are asserted directly against them.
4. MDI is not liable for your actions based on contents of the platform. The duty of care and liability for actions undertaken by you are always left to yourself. For example, tips & tricks published by MDI are not direct instructions for action and possible damages caused thereby are therefore not attributable to MDI.

 

12. Change of Terms of Service

1. MDI reserves the right to change and/or amend the ToS with effect for the future, provided that this is reasonable for you, taking into account the interests of MDI. If you do not give your explicit consent to a change of the GTC, you will be informed by MDI about any changes and/or additions to the GTC. For this purpose, MDI will send you the new version of the GTC to the e-mail address you provided during registration. In this context, MDI will explicitly inform you about the possibility and deadline of objecting to the validity of the new version of the GTC, as well as about the consequences of failure to object.
2. If you do not object to the new version of the ToS within four weeks after receiving the notification according to paragraph (1), you will be considered to have accepted the new version of the ToS.
3. If you object to the new ToS in time, the contractual relationship will be continued under the previous ToS, but MDI may decide to terminate the free user agreement or the paid subscription with effect from the next possible ordinary termination date.
4. If MDI has not provided you with an amendment to the ToS nor have you agreed to new ToS otherwise, the previous version of the ToS agreed to by you shall apply until further notice.

 

13. Out-of-Court Dispute Resolution

1. For the out-of-court settlement of consumer disputes, the European Union has set up an online dispute resolution platform ("ODR platform"), which can be accessed via the link http://ec.europa.eu/consumers/odr. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online contracts. In accordance with § 36 VSBG (Verbraucherstreitbeilegungsgesetz, Consumer Dispute Resolution Act) , MDI points out that MDI is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

14. Final Provisions

1. If any provision of these Terms of Service is invalid, the remainder of the agreement remain valid. The invalid provisions shall be replaced by the statutory provisions, if any.
2. The law of the Federal Republic of Germany shall apply to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
3. If there is no exclusive legal place of jurisdiction, the court at the seat of MDI, i.e. Berlin, shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship (agreement), provided that you are a merchant, a legal entity under public law or a special fund under public law or do not have a general place of jurisdiction in Germany or another EU member state or have moved your (residential) seat to a non-EU country after these Terms of Service have come into effect.

 

Valid as of December 21^st 2020