Last updated: 30.11.2024
These Terms and Conditions ("Agreement") outline the general terms and conditions governing your use of the https://mindharbor.io website ("Website"), the "MindHarbor" mobile application ("Mobile Application"), and any related products and services (collectively, the "Services"). This Agreement is a legally binding contract between you ("User," "you," or "your") and IVA Holding GmbH ("IVA Holding GmbH," "we," "us," or "our"), located at Bahnhofstr. 1-3, 33102 Paderborn, Germany.
By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms. If you do not have such authority or disagree with any part of this Agreement, you must not access or use the Services.
You must be at least 18 years old to use our Services. By accessing our Services, you warrant that you meet this age requirement. When you create an account, you are responsible for maintaining its confidentiality and all activities that occur under it. We may monitor new accounts and reserve the right to refuse service or terminate accounts at our discretion.
You agree to provide accurate and complete information during the registration process. Providing false information may result in the termination of your account. Notify us immediately of any unauthorized use of your account or any security breaches. We are not liable for any loss or damage arising from your failure to comply with this obligation.
We may suspend or terminate your account if we determine that you have violated any terms of this Agreement or engaged in conduct that could harm our reputation. If your account is terminated for such reasons, you are prohibited from re-registering for our Services.
You retain ownership of any data, information, or material ("Content") you submit while using the Services. You are solely responsible for the legality, reliability, and appropriateness of your Content. By submitting Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such Content as necessary to provide the Services.
We have the right, but not the obligation, to monitor and review Content submitted by users. We may remove any Content that violates our policies or is deemed harmful or objectionable at our sole discretion.
You agree to pay all fees and charges associated with your account according to our billing terms in effect at the time the fee or charge is due. If you are offered a free trial, payment may be required after the trial period ends. For subscriptions with auto-renewal, you will be billed automatically based on your selected term.
We reserve the right to request verification of your payment information, such as a government-issued ID or a recent bank statement, especially for high-risk transactions. We may change product pricing and offerings at any time and reserve the right to refuse or cancel any orders.
Occasionally, there may be typographical errors or inaccuracies in the Services regarding product descriptions, pricing, promotions, or offers. We reserve the right to correct such errors and to change or update information without prior notice, including after you have submitted an order.
We undertake no obligation to update any information on the Services, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.
Our Services may integrate or allow access to third-party services. Your use of such services is governed solely by the terms and conditions of those third parties. We do not endorse or assume any responsibility for third-party services, including their content, privacy practices, or data handling. You release IVA Holding GmbH from any liability arising from your use of third-party services.
We perform regular backups of the Website and its Content to ensure data integrity and minimize downtime. However, we do not guarantee that backups will be error-free or that lost data can be fully restored.
While using the Services, you may encounter advertisements or promotions from third parties. Any interactions with advertisers are solely between you and the advertiser. We are not responsible for any loss or damage incurred as a result of such dealings.
The Services may contain links to external websites or resources. These links are provided for your convenience, and we do not endorse or assume responsibility for the content, products, or services offered by third parties. Your use of linked resources is at your own risk.
You agree not to use the Services or Content for any unlawful purpose, including but not limited to:
We reserve the right to terminate your access to the Services for violating any prohibited uses.
All intellectual property rights concerning the Services are owned by IVA Holding GmbH or its licensors. This includes but is not limited to copyrights, trademarks, service marks, logos, and designs. You are granted a limited license to access and use the Services for personal, non-commercial purposes. You may not reproduce, distribute, or create derivative works without our express written consent.
The Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We do not guarantee that the Services will be uninterrupted, error-free, or free from viruses or other harmful components. Your use of the Services is at your sole risk.
To the maximum extent permitted by law, IVA Holding GmbH and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services. Our total liability shall not exceed the amount you have paid to us in the last one month preceding the event giving rise to the liability.
You agree to indemnify and hold harmless IVA Holding GmbH, its affiliates, officers, directors, employees, agents, and licensors from any claims, damages, liabilities, losses, or expenses arising out of or related to your use of the Services or violation of this Agreement.
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
This Agreement and any disputes arising out of it shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law principles.
You agree to submit to the exclusive jurisdiction of the courts located in Paderborn, Germany, to resolve any legal matter arising from this Agreement or your use of the Services.
You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign our rights and obligations to any third party at our discretion.
We reserve the right to modify this Agreement at any time. When we make changes, we will update the "Last updated" date at the top of this page and notify you via email or a prominent notice on our Services. Your continued use of the Services after such changes signifies your acceptance of the updated Agreement.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with these terms, you are prohibited from using or accessing the Services.
If you have any questions or concerns about this Agreement, please contact us:
IVA Holding GmbH
Bahnhofstr. 1-3
33102 Paderborn
Germany