Terms of Service

Scope
1. These are the terms of use of mim technologies GmbH, (hereinafter "Informed"). They govern the business relationship between Informed and users (hereinafter "Users") of Informed's software application (hereinafter "App") who conclude a corresponding contract of use with Informed (hereinafter "Contract of Use").
2. The app is aimed exclusively at consumers, i.e. natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. The user may not use the app for commercial or other commercial purposes.
Subject matter of the contract
1. Informed offers users access to journalistic content ("articles") from selected partners in the app as described in more detail below.
2. The scope of the articles and functions contained in the app depends on whether the user uses the app in the free or paid version. In the free version of the app, the user only has access to certain basic functions and articles ("Free Content"). An extended range of functions and additional articles ("Premium Content") are available to the user if he/she has them activated separately as part of a subscription ("Subscription").
Registration and conclusion of contract
1. The mobile app is available for download in the following app stores: Apple App Store; Google Play Store.
2. To register, the user enters his or her personal e-mail address. To activate the user account, the user confirms his/her access to the specified e-mail address by clicking on the activation link sent to this e-mail address.
3. Alternatively, registration via Social Login ( is possible if the user has already registered a user account with the corresponding service (e.g. via the corresponding function of Apple, Google or LinkedIn).
4. After setting up a user account, the user can log in to the app with the email address specified during registration.
5. Registration alone does not constitute any obligation to purchase the articles offered by Informed. The user has access to the Free Content after registration. Access to the Premium Content takes place in accordance with section 7.
6. Passing on the access data and otherwise allowing or enabling third parties to use the user account is prohibited. The user is obliged to keep the access data secret, to store it securely and to protect it from unauthorised access by third parties. The user is obliged to inform Informed immediately of any suspicion of misuse. As soon as Informed becomes aware of any unauthorised use, Informed will block the access of the user concerned. Informed also reserves the right to change a user's access data for security reasons; in such a case Informed will also inform the user immediately.
7. The user has the option to delete his user account in the app at any time. In this case, all data stored by the user in his user account will be deleted, unless this data is still needed to process a subscription with the user or must be stored for a longer period of time due to legal or possible contractual warranty rights or commercial and tax retention obligations. Further information on the processing of user data can be found in Informed's privacy policy, available at the following link https://app.informed.so/legal/privacy-policy.
Access to the app
1. The app can be accessed via a mobile device or via a web app. The user himself/herself must ensure a sufficient internet connection. The user is responsible for complying with the system requirements necessary for using the app, in particular with regard to an up-to-date operating system and browser.
2. Informed may temporarily block the app for the user if there are concrete indications that the user is in breach of statutory provisions or the obligations arising from this contract or is in arrears with the payment of remuneration amounting to more than one month's subscription. Informed will take into account the legitimate interests of the user when deciding on a block, in particular whether there are indications that the user is not responsible for the breach. Informed will lift the block as soon as the breach or the default has ended.
3. Due to the performance of necessary maintenance work and improvements, the app or individual functions may not be available for a short period of time. Informed will take into account the legitimate interests of the user, in particular by providing advance information in good time.
Functions of the app
1. Informed allows the user to access articles or podcasts in the following ways:
  1. The user is shown a link to an article in the app. By clicking on the link, the user is forwarded to the page of the respective journalistic provider, where the respective article is displayed;
  2. An article is displayed to the user in the app;
  3. The user is shown a summary of an article in the app;
  4. The user is provided with an audio version of an article to play in the app.
  5. The user is provided with a podcast episode to play in the app
Free Content
1. Informed makes some articles available to the User free of charge for viewing in the App for the duration of the User Contract.
Premium Content
1. Informed may make Premium Content available to the User for viewing in the App. This is only done against payment. To gain access to such articles, the user must take out a subscription in the app for the use of premium content.
2. The user can view the current price and subscription models and the articles that are then activated in the app. Further information can also be found in the app stores.
3. Informed reserves the right to purchase Premium Content either by placing an order in the App (see clause 7.4) and/or through an order via the user's Apple or Google account ("In-App Purchase", see clause 7.7).
4. When placing an order in the app, the user can make a binding offer to Informed to conclude a subscription in accordance with these GTC after entering the address and payment data by clicking on the button "Conclude subscription with costs". The contract on the conclusion of the subscription is concluded when the offer made by the user is confirmed by Informed by e-mail or, at the latest, by the provision of access to the premium content by Informed .
5. When an offer is made via Informed's online order form, Informed stores the text of the contract and, in the event of acceptance, sends it to the user in text form (by e-mail) together with the order confirmation and these GTC. In addition, the text of the contract is archived in the user account before the order is sent. The user can retrieve it free of charge via his password-protected Informed user account by providing the corresponding login data.
6. Before the binding conclusion of the subscription via the online order form, the user can continuously correct his entries via the usual keyboard and mouse functions. Before submitting the binding order, all entries are displayed to the user in an order overview to be confirmed.
7. When placing an order using the address and payment data stored in the user's Apple or Google account ("in-app purchase"), the user must be logged in with the respective account in the Apple App Store or Google Play Store. In the case of an in-app purchase, the user will be asked to confirm his/her purchase and to select an appropriate payment method. The payment will be processed via the user's respective account in the Apple App Store or Google Play Store. The details of payment processing are made available to the user in the Apple App Store or Google Play Store.
8. Informed may offer paid subscriptions on a trial basis for a certain period of time free of charge or at a reduced price ("trial subscription"). If the trial subscriptions are subject to additional terms of use, Informed will draw the user's attention to these separately.
9. The number of end devices on which the user can access the articles depends on the respective subscription and can be viewed in the user account.
10. Premium content articles may be available for temporary download to the user for offline viewing on suitable devices ("offline articles"). Restrictions apply with regard to the number of offline articles per account and the maximum number of devices to which offline articles can be downloaded.
11. When the subscription ends, the user can no longer access the premium content.
Prices and terms of payment
1. The prices stated for subscriptions are final prices and include the statutory value added tax. Any additional costs incurred will be indicated separately in the respective description of the subscription or in the order overview.
2. The following payment options are available to the user outside of in-app purchases: Stripe.
3. In the case of an in-app purchase (see para. 7.7), the User may use the payment methods available via his account or the respective store.
Rights of use
1. Upon conclusion of the contract Informed grants the user a non-exclusive (simple), non-transferable, non-sublicensable right to use the Free Content within the framework of the contractual provisions for the duration of the usage contract.
2. Upon conclusion of a subscription Informed grants the user a non-exclusive (simple), non-transferable, non-sublicensable right to use the Premium Content within the framework of the contractual provisions for the duration of the respective subscription.
3. The user may only use the articles in the manner provided for in the user agreement. The app is intended exclusively for personal and non-commercial use. In particular, the user may not reproduce, distribute, display or publicly reproduce the articles.
4. Informed reserves the right to offer different items depending on the country and to restrict access to certain items in some countries.
5. The provisions of the respective app store through which the user obtains the app or the Premium Content shall remain unaffected.
Right of withdrawal
1. The user is entitled to a right of revocation in accordance with the instructions listed in the appendix.
Contract period and termination
1. The user is entitled to terminate the user contract at any time and without giving reasons by deleting his user account. Section 11.4 applies to subscriptions.
2. Informed is entitled to terminate the contract of use without giving reasons by giving two weeks' notice in writing. Section 11.4 applies to subscriptions.
3. The subscriptions are automatically extended for an indefinite period by one month at a time after the expiry of the respective minimum term of the subscription ("Minimum Term").
4. Informed and the User are each entitled to terminate a subscription at the end of the minimum term or at the end of a monthly renewal period (Clause 11.3).
5. The right of the parties to terminate for cause remains unaffected.
6. Good cause for termination by Informed exists in particular if unauthorised third parties gain access to the app and the user is responsible for this, or if a user breaches the requirements set out in clause 9.3.
7. Cancellations must always be made in text form. The user can also terminate the contract at by clicking on the "Delete account" or "Cancel subscription" button in the user account.
8. If the user has closed and paid for his subscription via a third-party payment account such as the Apple App Store or the Google Play Store, he must cancel his subscription via this same account. To do this, he must log into the third-party account (Apple or Google) and follow the instructions to terminate or cancel the subscription. This also applies if the user has already deleted their account and the Informed app from their device. Deletion of the Informed Account or deletion of the Informed App will not result in termination or cancellation of the subscription. If the subscription is terminated or cancelled by the User, the User may use the services included in the subscription until the end of the current term. A renewal does not take place thereafter.
9. After deletion of the user account by the user, Informed may delete the user's account with all articles and other content and services. The user will then also no longer have access to articles already purchased within the framework of subscriptions. If the user deletes his account even though the minimum term of a subscription he has taken out has not yet expired, any amount already paid by him will not be refunded - not even on a pro rata basis.
Articles / Third party content
1. Insofar as Informed provides the user with access to websites, APIs, databases or other infrastructures of third parties (in particular journalistic providers), Informed is not responsible for their availability or for content obtained via them (in particular the content or quality of articles). Any liability on the part of Informed for damages incurred by the user as a result is therefore excluded.
2. Informed reserves the right to regularly update the articles contained in the app. This may result in the removal of individual articles.
Warranty / Liability
1. For the duration of the contract, Informed owes all updates that guarantee the functionality and IT security of the app and will inform the user about upcoming updates. Beyond function-maintaining updates, Informed is not obliged to provide improved versions of the app or its content.
2. Informed is liable for damages in the event of intent or gross negligence based on a breach of duty by Informed, a representative or vicarious agent, as well as in the event of culpably caused injury to life, limb or health in accordance with the statutory provisions. Otherwise Informed is only liable under the Product Liability Act, for culpable breach of essential contractual obligations (cardinal obligations) or insofar as Informed has fraudulently concealed a defect or has given a guarantee of quality. Material contractual obligations are obligations whose fulfilment is essential to the proper performance of the contract and on whose fulfilment the user may regularly rely. In the event of simple negligence on the part of Informed, the claim for damages for culpable breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract.
3. Insofar as Informed's liability is excluded or limited, this shall also apply to the personal liability of Informed's shareholders, employees, representatives and vicarious agents.
Subject to change
1. Informed reserves the right to modify these Terms of Use, in particular due to a change in the law or in order to enable better functionality of the App, without limiting the scope of the articles in their entirety to your detriment. Amendments to these Terms of Use will be sent to the e-mail address provided by the User, enclosing the new version. The amendments shall be deemed to have been accepted by the user unless the user objects to the amendment within a period of four weeks after receipt of the notification of amendment. An e-mail to Informed shall suffice for this purpose.
Applicable law
1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The choice of law does not affect the mandatory legal provisions for the protection of the consumer applicable in the state of the consumer's habitual residence.
Jurisdiction; Online Dispute Resolution and Alternative Dispute Resolution
1. If the user was domiciled or habitually resident in Germany at the time the contract was concluded and has either moved out of Germany at the time Informed brings an action or his domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be Informed's registered office in Berlin.
2. The European Commission provides an online dispute resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. Informed's email address is: contact@informed.so .
3. Informed is not obliged or willing to participate in a dispute resolution procedure in accordance with the Consumer Dispute Resolution Act (VSBG).

Appendix: Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us, mim technologies GmbH, Wallstr. 67, 10179 Berlin, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the enclosed model cancellation form for this purpose, which is, however, not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period. The right of withdrawal will expire in the case of a contract for the supply of digital content not on a tangible medium if we have commenced performance of the contract after you have (i) expressly consented to us commencing performance of the contract before the expiry of the withdrawal period and (ii) confirmed your knowledge that by consenting you will lose your right of withdrawal on commencement of performance of the contract. Consequences of revocation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from 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.

You must return the goods immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract to the address stated in the return label or return them. The deadline is met if you send the goods before the end of the 14-day period.

In the event that you return the goods to us, please use the original packaging, if still available.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

We bear the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Model withdrawal form pursuant to Annex 2 to Article 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 Introductory Act to the Introductory Act to the German Civil Code (EGBGB) (If you wish to cancel the contract, please fill in and return this form)

To: mim technologies GmbH, Wallstr. 67, 10179 Berlin ; E-Mail: feedback@informed.so.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (detailed description so that it can be clearly determined to which goods the revocation relates), the provision of the following services (detailed description so that it can be clearly determined to which goods the revocation relates) (*).
ordered on: (*). . . . ./received on (*) . . . . .;
Name of the consumer(s);
Address of the consumer(s);
Signature of the consumer(s) (only in the case of notification on paper)
Date

(*) Delete as applicable