Terms of Use
Introduction
Mind2Way Ltd., Centris Business Gateway, Level 4/W, TRIQ IS-SALIB TAL-IMRIEHEL ZONE 3, CBD 3020 Birkirkara, Malta (“Mind2Way”), develops a mobile application to support healthy and intuitive eating behavior as well as to improve mental and physical health and well-being.
Below you will find general terms and conditions that apply when you use Mind2Way’s services. Please read through the following conditions carefully before using the Mind2Way app or subscribing to a corresponding subscription.
Scope of Application / Services
1.1.
Mind2Way offers its services through the mobile application “Mind2Way” (hereinafter referred to as “App”), which can be obtained through the App Stores (Apple App Store, Google Play Store). Payment processing is handled by Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA (“Stripe”). As a customer, you enter into a contract for the use of Mind2Way’s services directly with Mind2Way Ltd. Payment processing is handled by Stripe as a payment service provider.
1.2.
These Terms of Use (hereinafter referred to as “Terms of Use”) apply to your use of Mind2Way’s services as a customer (hereinafter referred to as “Customer”).
1.3.
These Terms of Use apply in their version valid at the time of order. Conflicting or deviating general terms and conditions of the customer do not apply, unless Mind2Way has expressly agreed to their validity in writing. This also applies if Mind2Way provides services without reservation despite being aware of conflicting or deviating conditions from the customer.
1.4.
No services are offered to minors and/or persons without full legal capacity. If you are under 18 years of age, you may only use the Mind2Way app with the consent and under the supervision of a parent or guardian. Parents or guardians are responsible for all actions of the minor user.
1.5.
Services are provided in German, English, French, and Arabic. The availability of certain content may vary depending on the language.
1.6.
Within the framework of the Mind2Way app, you will have access to various functions and content, including:
- Personalized programs and exercises for intuitive eating
- Audio content and meditations
- Tracking functions for meals, habits, and moods
- Educational content and resources to improve eating behavior
- Community features (if available)
You can access all content of the app through your personal user account. The content is provided via the app as streaming. Downloading content for the purpose of permanent ownership is only permitted where this is explicitly provided for. In addition, in order to participate in the Mind2Way programs, you must fulfill all necessary technical requirements at your own expense. In particular, you are responsible for the costs of internet access and any connection costs that may arise; these are not included in Mind2Way’s services. You must also ensure that you and your devices are able to install and use the Mind2Way app.
Registration / User Account
2.1.
In order to use the services offered by Mind2Way, you must first register in the app and create a user account. To do this, you must enter certain personal data that will be stored by Mind2Way. You also create a personal password for access to your user account. You are obliged to treat this password confidentially and protect it from unauthorized access by third parties. You are expressly prohibited from sharing access to your user account with third parties. If you suspect that your user account has been used by unauthorized third parties or that your access data has been stolen, or if you have any other reason to suspect that your user account could be used by third parties using the existing user data/passwords, you are obliged to inform Mind2Way immediately and change your password accordingly.
2.2.
When entering your personal data (whether when creating or modifying a user account), you are responsible for providing truthful and complete information for the requested data. You are also obliged to inform Mind2Way immediately of any changes to your data (especially in the event of an address change or email change).
Contract Conclusion / Contract Term / Cancellation
3.1.
The presentation and promotion of Mind2Way’s services in the app or on Mind2Way’s websites does not constitute a binding offer to enter into a contract, but rather an invitation to you as a customer to order the described service offering.
3.2.
The contract for the use of the Mind2Way app and the conclusion of a subscription is entered into between you and Mind2Way Ltd. through the app or the website. The contract is concluded by selecting a subscription and confirming payment. Payment processing is handled by Stripe as a payment service provider.
3.3.
The contract concluded with Mind2Way applies for the service period of our subscriptions as stated on our website or in the app:
Monthly Subscription:
- The monthly subscription has a minimum term of 6 (six) months.
- The monthly payment of €99.00 (incl. VAT) will be automatically charged every month.
- During the minimum term of 6 months, the subscription cannot be cancelled.
- After the minimum term expires, the subscription will automatically renew for another month, unless it is cancelled in writing (by email to support@mind2way.com) at least 14 days before the end of the current term.
Lifetime Subscription:
- The lifetime subscription is a one-time payment of €499.00 (incl. VAT).
- With payment, you receive lifetime access to all premium features of the Mind2Way app.
- The lifetime subscription cannot be cancelled, as it is a one-time payment.
Unless otherwise stated in the order confirmation, the contract ends automatically upon expiration of the stated service period without requiring cancellation (for monthly subscriptions after the minimum term expires, unless renewed).
3.4.
The right to extraordinary termination for important reasons remains unaffected. An important reason exists in particular if Mind2Way permanently refuses or significantly impairs the provision of services.
Service Content / Dates and Deadlines
4.1.
Details of the programs and functions to be provided by Mind2Way can be found in the corresponding service description in the app or on the website. The success of the program depends decisively on your participation. Success in the legal sense is not guaranteed. Mind2Way does not guarantee specific results or successes regarding your health, weight, or eating behavior.
4.2.
Deadlines and dates stated by Mind2Way for the provision of services are always approximate only, unless a fixed deadline or fixed date has been expressly promised or agreed.
4.3.
Mind2Way’s compliance with its service obligations presupposes the timely and proper fulfillment of your contractual obligations or duties.
4.4.
Mind2Way reserves the right to change, expand, or discontinue the app, its functions, and content at any time. You will be informed in a timely manner about significant changes.
Health
5.1.
Mind2Way’s services do not constitute medical and/or medical services. In particular, these services are not to be understood as medical and/or medical advice or treatment, even though Mind2Way – due to the medical expertise of its employees – naturally incorporates a certain medical approach.
5.2.
The offer is aimed at generally healthy people. For the diagnosis and therapy of pathological conditions, a doctor should be consulted. If you suffer from eating disorders (e.g., bulimia, pathological obesity, or anorexia) or psychological disorders, are under regular medical treatment, regularly take medication or prescription drugs, have pre-existing conditions (especially lung/respiratory, cardiovascular, musculoskeletal, psychological, or metabolic (DM, thyroid) diseases), or have been advised to follow a special diet for the treatment of diseases or pathological conditions due to your health condition, you should consult your doctor before using the Mind2Way app and clarify whether there are any concerns about using our app. The same applies if you have any other concerns about your health condition or your ability to use the app.
5.3.
Please note that the Mind2Way app does not replace medical advice and/or medical treatment. For this, a doctor or psychologist should be consulted. Use of the app is at your own risk.
Liability
6.1.
Unless otherwise provided in these Terms of Use, including the following provisions, Mind2Way is liable for breach of contractual and non-contractual obligations, in particular for material and legal defects, in accordance with the relevant statutory provisions.
6.2.
Mind2Way is liable for damages – regardless of the legal basis – in cases of intent and gross negligence. In cases of simple negligence, liability only exists
- for damages resulting from injury to life, body, or health,
- for damages resulting from breach of an essential contractual obligation (i.e., an obligation whose fulfillment enables the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for foreseeable, typically occurring damage.
6.3.
The liability limitations resulting from Section 6.2 do not apply insofar as a defect has been fraudulently concealed or a guarantee has been assumed. The same applies to any claims under product liability law.
6.4.
Insofar as liability for damages is excluded or limited according to the above regulations, this also applies with regard to the personal liability for damages of employees, workers, staff, representatives, and vicarious agents of Mind2Way.
6.5.
Mind2Way assumes no liability for damages arising from the use of the app, in particular not for health damages or damages arising from following the advice or instructions contained in the app.
Ownership, Copyright, and Usage Rights, Deletion
7.1.
Mind2Way’s services may include the transmission and/or provision of copyright-protected content to which Mind2Way or third parties hold the corresponding rights. This applies in particular to transmitted audio, video, text, and image files or other documents, files, or information with copyright-protected content. Mind2Way grants you a simple, non-transferable right limited to the duration of the contractual relationship for the use of the Mind2Way app to use the copyright-protected content within the framework of the contractual provisions and exclusively for the contract purpose. You are expressly prohibited from using the copyright-protected content for your own commercial purposes or making it publicly available (e.g., via social media) or accessible to third parties, or from editing, reproducing, or distributing it.
7.2.
All documents and information provided to you in connection with the services provided by Mind2Way, in particular audio, video, and text files, remain the property of Mind2Way at all times. No transfer of ownership takes place with the transmission/delivery of these documents and information.
7.3.
You retain all rights to the content you create (e.g., meal tracking, notes, habits) that you enter in the app. However, by using the app, you grant Mind2Way a non-exclusive, worldwide, royalty-free license to use, store, and process this content for the purpose of providing the app services.
Money-Back Guarantee Regulations
8.1.
If you as a customer are not satisfied with the services provided by Mind2Way, you have the right to request a refund of the remuneration you paid within 14 (fourteen) days of the purchase date, i.e., after conclusion of your contract, without giving reasons (“Money-Back Guarantee”). This right applies to both subscription types (monthly subscription and lifetime subscription).
8.2.
To receive the refund, you must send us a clear statement of your decision to cancel the contract within the 14-day period. You can send the cancellation statement by email to support@mind2way.com.
8.3.
The refund will be made within 14 days of receipt of your cancellation statement. The refund will be made to the same payment method you used for the original transaction.
8.4.
This Money-Back Guarantee applies independently of and separately from your existing statutory right of withdrawal under consumer protection laws.
8.5.
The right of withdrawal expires if Mind2Way has fully provided the service and you have expressly agreed to the execution of the service before Mind2Way has completed the full provision of the service, and you have acknowledged that you lose your right of withdrawal once the contract has been fully fulfilled by Mind2Way.
Data Processing
9.1.
The protection of your personal data is very important. Mind2Way therefore strives to ensure the security of your personal data at all times. With regard to the collection, processing, and use of personal data, Mind2Way refers to the Privacy Policy, which can be accessed at any time on the website mind2way.com via the “Datenschutzerklärung” or “Privacy Policy” button.
9.2.
By using the app, you agree to Mind2Way’s Privacy Policy. Please read the Privacy Policy carefully before using the app.
Storage and Access to Contract Text
10.1.
You can view these Terms of Use on Mind2Way’s websites under “Nutzungsbedingungen” or “AGB” or “Terms of Use”. You can also print or save this document using the usual function of your internet service program.
10.2.
The contract text is stored in compliance with data protection. You will receive a confirmation email with the most important contract details after completing your subscription.
Payment Terms
11.1.
Payment processing is handled by Stripe as a payment service provider. Mind2Way does not store credit card information. All payment data is processed and stored by Stripe.
11.2.
Prices are inclusive of statutory value-added tax, where applicable. Prices may vary by country.
11.3.
For monthly subscriptions, payment is automatically charged every month via the payment method you have on file. You are obliged to ensure that sufficient funds are available for payment.
11.4.
In the event of payment failures, Mind2Way reserves the right to block access to the premium features of the app until the outstanding payment has been made.
Applicable Law
12.1.
These Terms of Use and all legal relationships between us and you are governed by the law of the Republic of Malta, excluding the UN Convention on Contracts for the International Sale of Goods.
12.2.
Place of performance and jurisdiction for all disputes arising from or in connection with these Terms of Use is, insofar as legally permissible, Malta.
Final Provisions
13.1.
Should individual provisions of these Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
13.2.
Changes or additions to these Terms of Use require written form. This also applies to the revocation of this written form clause.
13.3.
Mind2Way reserves the right to change these Terms of Use at any time. You will be informed in a timely manner about significant changes by email or through the app. Continued use of the app after the changes take effect constitutes acceptance of the changed conditions.
Contact
If you have any questions about these Terms of Use, you can contact us:
Mind2Way Ltd.
Centris Business Gateway, Level 4/W
TRIQ IS-SALIB TAL-IMRIEHEL ZONE 3
CBD 3020 Birkirkara
Malta
Email: contact@mind2way.com
Website: www.mind2way.com
Last Updated: January 2025