Mimo

Terms of Service

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About usBlogGlossaryLOG INSIGN UPSIGN UPAbout usBlogGlossaryLOG INTerms of Service1. Subject and Scope1.1Mimo applications for Android and iOS (“apps”), websites (“websites”), and related services (together with the apps and websites, the “services”) are operated by Mimohello GmbH, Schanzstraße 14/1.1, 1150 Vienna, Austria (thereafter “Mimo,” “us,” or “we”).1.2Your use of the services is subject to the following terms and conditions.1.3By accessing or using any part of the services, you accept the application of these terms and conditions.1.4The content of the contract concluded between Mimo and you follows these terms and conditions as well as the specific information provided as part of the registration and by entering into a subscription or trial.1.5Mimo may amend, change, or update these terms and conditions. If Mimo does not obtain your specific consent for any revisions of its terms and conditions, you will be notified at least seven days prior to the effective date of the updated terms and conditions.1.6Any revisions to the terms and conditions will become effective the earlier of the end of the seven-day period or the first time you access or use the services after such revisions.1.7If you do not agree to the revisions, you may not be able to continue to access or use the services from the effective date of the updated terms and conditions, if providing the services under the scope of the current terms and conditions is not possible or unreasonable for Mimo.2. Services and Rights2.1The services allow you to access and use a variety of educational content and services on computer science, data science, programming, software development, and related topics.2.2The scope of the services may depend on the type of account, subscription, or trial you have.2.3The services are provided to you as a limited, non-exclusive, non-sublicensable, non-transferable basis for your private, personal, non-commercial license to download, install and use, if applicable, a copy of the apps in object code form on a compatible device in your control or ownership.2.4All content available through the services, including audio, designs, graphics, images, information, software, text, and other files as well as their arrangement and selection are the proprietary property of Mimo or its licensors. You may not copy, distribute, display, download, post, reproduce, republish, scrape, sell, or transmit, in any form or by any means, in whole or in part, other than as expressly permitted in these terms and conditions.2.5"Mimo" and all other trademarks, service marks, graphics, and logos used in connection with the services are trademarks or service marks of Mimo or their respective owners. Access or use of the services does not grant or provide you with the right or license to reproduce or otherwise use Mimo trademarks, service marks, graphics, and logos.2.6You 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. Mimo and its licensors own and shall retain all intellectual property rights and other rights in and to the services and any changes, modifications, or corrections thereto.2.7You represent and warrant that your access and use of the service is in accordance with these terms and conditions and all applicable laws, rules, and regulations of the Republic of Austria and any other relevant jurisdiction.2.8Mimo may change, update, suspend, make improvements to, or discontinue any aspects of the services.3. Account3.1To access and use the services, you are required to register, i.e. create an account.3.2You 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 to create an account.3.3You are required to maintain the confidentiality of your password and other information related to the security of your account.3.4You agree to provide accurate, complete, and current information about you as requested by Mimo.3.5To 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 register create an account with consent of your statutory agents. Mimo has the right to make its services subject to appropriate proof of identity or consent of your statutory agents.4. Content4.1By creating, storing, or submitting any images, information, reviews, source code, text, translations, or other materials through the services, you grant Mimo an irrevocable, non-exclusive, perpetual, royalty-free, transferable, and worldwide license to copy, create derivative works from, display, distribute, excerpt, reformat, reuse, and translate such content for providing the services as well as personalizing your experience of and promoting the services and you acknowledge that you cannot terminate this license after creating, storing, or submitting the content.4.2You are responsible for the content you create, store, or submit and represent that you own or have the necessary legal rights for the content to be used by you through the services.4.3You warrant that you will not create, store, submit, or otherwise provide on or through the service any content that <ul> <li>is abusive, harassing, hateful, offensive, threatening, or otherwise violates any law or infringes upon the rights of any third party (including copyright, privacy, publicity, trademark, or other personal or proprietary rights);</li> <li>in Mimo's sole judgment, is explicit or objectionable, damages, exploits, or otherwise impairs the services in any way. or</li> <li>may expose Mimo or any third party to harm or liabilities of any kind.</li> </ul>4.4Mimo monitors content created and stored through the services and reserves the right to remove any content that is considered inappropriate.5. Subscription5.1Mimo offers automatically renewable subscriptions (“subscriptions”) for a variety of periods (“subscription periods”).5.2A subscription enables you to access and use the full scope of the services for the subscription period.5.3To enter into a subscription through the websites, you are required to choose a subscription period on the websites, provide your credit card information, and confirm your purchase, upon which you will receive a receipt via email.5.4To enter into a subscription through the apps (“in-app subscription”), you can choose a subscription period within the apps and confirm your purchase, upon which you will receive a receipt via email. In-app subscriptions use the in-app purchase functionality of the App Store on iOS or Google Play on Android (“app stores”).6. Trials6.1Mimo may occasionally offer you to access and use the full scope of the services for trial purposes (“trials”) for a variety of periods (“trial periods”).6.2Mimo may, in its sole discretion, determine your eligibility for a trial and suspend or discontinue trials at any time.6.3To start a trial, you may be required to provide your credit card information on the websites or use the in-app trial functionality of the app stores within the apps and confirm your trial.6.4Your trial may convert into a subscription after the trial period. In such a case, the subscription period will be part of the information provided in the trial offer. 6.5To prevent a trial from converting into a subscription, you may terminate the trial within the trial period on the websites or within the app stores.7. Promotional Codes7.1Mimo may occasionally offer you promotional codes to purchase subscriptions for a variety of subscription periods at a reduced fee (“promotional codes”).7.2Mimo may, in its sole discretion, determine your eligibility for a promotional code and suspend or discontinue codes at any time.7.3Codes cannot be redeemed for cash, refunded, exchanged, or used for other purchases than stipulated in the offer.7.4Specific provisions relating to the code may apply in addition to these terms and conditions. If these provisions stipulate a period of validity, the reduced fee shall only apply for this period and increase to the regular fee upon expiration of the period of validity.8. Revocation8.1If you have purchased a subscription or other services subject to charges on the websites as a consumer, you have the right to revoke this contract within fourteen days without the need to specify reasons.8.2This revocation right will exist for a period of fourteen days from the day of the purchase.8.3To exercise your revocation right, you are required to notify Mimohello GmbH, Schanzstraße 14/1.1, 1150 Vienna, Austria or support@getmimo.com using an explicit statement regarding your decision to revoke the contract (“revocation notification”).8.4Dispatch of the revocation notification before the revocation period expires is sufficient to meet the revocation deadline.Consequences of RevocationIf you 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.Revocation Notification TemplateIf you wish to revoke the contract, please complete and return the following form to Mimohello GmbH, Schanzstraße 14/1.1, 1150 Vienna, Austria or support@getmimo.com: 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:9. Payments9.1The conclusion of a subscription is subject to charges (“payment”).9.2If you have purchased a subscription on the websites, payment will be made using the credit card information you provided upon entering into the subscription.9.3If you have purchased the subscription within the apps, payment will be made through the in-app purchase functionality as provided by the app stores.9.4Your payment obligation will renew alongside your subscription at the end of the subscription period, unless you terminate your subscription at least twenty-four hours prior to the end of the subscription period.10. Termination10.1The services start at the time of registration pursuant for an indefinite period.10.2You can terminate the services at any time. For this purpose, you are required to delete your account in your account settings on the websites.10.3The subscription will be active for the subscription period selected at the time of purchase and will automatically renew unless terminated at least twenty-four hours prior to the expiration of the period. The subscription period shall extend by the same period as the period of the active subscription.10.4You can terminate a subscription you have purchased on the websites in your account settings on those websites.10.5You can terminate an in-app subscription within the app stores.10.6A termination of the subscription will become effective the day after the last day of the subscription period and your account will be converted to an account.10.7Upon reentering into a subscription, you will be able to access and use the full scope of the services and retain any previous content or progress.10.8If you intend to delete your account, you can do so in your account settings on the websites. In such a case, your account and personal information will be irrevocably deleted, regardless of whether there are any active subscriptions.11. Limitation on Types of Damages and Liability11.1Mimo is not liable for user damage claims and only liable for damages arising from body, life, or health violations or from violations of material contractual duties as well as for damages for other damages arising from intentional and gross negligent breach of duty of the company or its statutory or vicarious agents.11.2In the event of violations of material contractual duties, Mimo is only liable for the contractual and typically foreseeable damages if these were caused by slight negligence, unless damages arising from injury to life, body, or health are present.11.3The restrictions stipulated under ciphers 10.1 and 10.2 also apply for duty violations of statutory or vicarious agents of Mimo.12. Privacy12.1Your use of the services is governed by a Privacy Policy (https://getmimo.com/privacy). By using the services, you consent to the terms of the Privacy Policy.13. Miscellaneous13.1If one provision of these terms and conditions shall be deemed as void, the remainder of the terms and conditions shall remain in full force. If applicable, the void provision shall be replaced by the statutory provisions.13.2The laws of the Republic of Austria shall apply, excluding the United Nations Convention on the International Sale of Goods (CISG). Statutory provisions (especially consumer protection provisions) as legally required by your country of residence shall remain unaffected.13.3The exclusive place of jurisdiction for all disputes, directly or indirectly resulting from the contractual relationship, shall be the respective court at Mimo’s registered seat of business if you are an entrepreneur, a legal entity of public law, a special public fund, or have no general place of jurisdiction within the Republic of Austria or another member state of the European Union or relocated your residence/business seat after application of these terms abroad and outside the European Union. These terms and conditions were last modified on Jan 24, 2020.Privacy Policy1. General1.1At Mimo, we know how much you care about your personal information, so we have prepared this privacy policy to explain how we collect, use, and share it with third parties.1.2We want to show you that we handle your personal information in a confidential and responsible way and that any processing of your personal information happens in compliance with the General Data Protection Regulation ("GDPR") as well as local information privacy laws such as the Austrian data protection act ("DSG") and the California Consumer Privacy Act ("CCPA").1.3To avoid unauthorized access to your personal data and generally secure such data, we use encrypted transmission and encrypted storage. Those safety measures are constantly revised to comply with the latest technological developments.1.4We may update our privacy policy to reflect changes to our information practices. If we do this and the changes are material, we will post a notice that we have made changes to this privacy policy on the Websites for at least 7 days after the changes are made, ask for your consent, and indicate the date these terms were last revised at the bottom of the privacy policy. Any revisions to this privacy policy will become effective the earlier of (i) the end of that 7-day period or (ii) the first time you access or use the Services after any such changes.2. Information we collectWhen you register for, access, or use the Services, we process certain of your personal information (“Data” or “Information”).2.1If you visit the Websites, we process only Data that your browser communicates to our servers. We collect the following Data, which is necessary for us in order to display the Website correctly and guarantee the necessary stability and safety: <ul> <li>IP address;</li> <li>date and time stamp;</li> <li>time difference to GMT;</li> <li>requested site;</li> <li>access status/HTTP status code;</li> <li>transmitted data volume;</li> <li>site from which the request was sent;</li> <li>browser;</li> <li>operating system and interface. and</li> <li>language and version of the browser software.</li> </ul>2.2Depending on your choice of registration, we process the following Data: Mimo: <ul> <li>email address and full name.</li> </ul> Apple single sign-on application: <ul> <li>email address and full name (unless hidden)</li> <li>language, country, time zone;</li> <li>devices, browser, IP address;</li> </ul> Facebook single sign-on application: <ul> <li>email address, full name, gender, age range;</li> <li>language, country, time zone;</li> <li>devices, browser, IP address;</li> <li>third-party ID. and</li> <li>profile picture, cover picture.</li> </ul> Google single sign-on application: <ul> <li>email address, full name, gender;</li> <li>language, country, time zone;</li> <li>IP address. and</li> <li>profile picture.</li> </ul>2.3When you make purchases in the Services, we process the following Data: <ul> <li>country;</li> <li>credit card information. and</li> <li>subscription status.</li> </ul>2.4When you use the Services, we process the following Data: <ul> <li>when you launch, signup to, log into, and log out of the Services;</li> <li>when you purchase something in the Services. and</li> <li>what kind of tracks, courses, and exercises you complete.</li> </ul>3. Use of Information3.1The processing of Data pursues the following purposes ("Purposes"): <ul> <li>providing the Services;</li> <li>customer relations management (e.g. support);</li> <li>marketing for our own products (newsletters, push messages);</li> <li>personalizing your experience of the Services;</li> <li>research and development;</li> <li>communicating with you about the Services;</li> <li>market, promote and drive engagement with the Services;</li> <li>ensuring safety and security. and</li> <li>protecting our legitimate business interests and legal rights.</li> </ul>3.2The lawfulness of processing (Art. 6 GDPR) stems from <ul> <li>the consent pursuant para. 1 subpara. a GDPR upon registration;</li> <li>the necessity for the performance of contract fulfillment pursuant para 1 subpara. b GDPR, as your Data is needed for a satisfactory use of the Services. and/or</li> <li>the necessity for the purposes of the legitimate interests pursued by the Company or by a third party.</li> </ul>4. Information we share4.1We transmit Data to third parties only if this is necessary for the Purposes, due to a request from a national authority, due to a court ruling, or if you have consented beforehand.4.2For some tasks we use the help of carefully chosen and instructed third parties (e.g. analytics services and tax advisors). Some of these third parties are based in the United States. Therefore, Data is transferred to third parties in third countries, all of which adhere to the EU-US privacy shield (see https://www.privacyshield.gov/welcome for more information): <ul> <li>Facebook Inc., 1601 South California Ave, Palo Alto, CA 94304, USA (“Facebook”);</li> <li>Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”);</li> <li>Mixpanel Inc., 405 Howard St, 2nd Floor, San Francisco, CA 94105, USA (“Mixpanel”);</li> <li>Peaberry Software Inc., 921 SW Washington St, Suite 820, Portland, OR 97205, USA (“Peaberry”);</li> <li>Slack Technologies Inc., 500 Howard St, San Francisco, CA 94105, USA;</li> <li>Snap Inc., 63 Market St, Venice, CA 90291, USA;</li> <li>Stripe Inc., 185 Berry St, Suite 550, San Francisco, CA 94107, USA;</li> <li>TikTok Pte. Ltd., 201 Henderson Rd, Singapore 159545, Singapore. and</li> <li>Zendesk Inc., 1019 Market St, 6th Floor, San Francisco, CA 94103, USA.</li> </ul>5. Updating or deleting Information5.1We store your Data as long as you are a registered user of the Services. Where we retain information for Service improvement and development during your membership, we take steps to eliminate information that directly identifies you and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal details about you.5.2After you have deleted your account we only store Data if it is legally necessary (because of warranty, limitation or retention periods) or otherwise required.5.3Data will be deleted if you (a) revoke your consent to the storage (b) Data is not needed to fulfill the user contract concerning the Services anymore, or (c) the storage is or becomes legally impermissible. A deletion request does not affect Data, if the storage is legally necessary, for example for accounting purposes.6. Rights6.1To exercise the rights defined in Section 7.2 to 7.8, please send a request via email to the Email Address or via letter mail to the address provided in the legal notice on the Website (https://getmimo.com/legal).6.2You can revoke the consent for future data processing at any time. However, this does not affect the lawfulness of Data processing based on the consent before the revocation. Should the processing of Data be lawful due to another reason stated in 4.2, we may continue to process your Data on these grounds.6.3You have the right to obtain (i) confirmation as to whether or not your Data is being processed by us and, if so, (ii) more specific information on the Data. The more specific information concerns, among others, processing purposes, categories of Data, potential recipients or the duration of storage.6.4You have the right to obtain from us the rectification of inaccurate Data concerning you. In case the Data processed by us is not correct, we will rectify these without undue delay and inform you of this rectification.6.5If you decide you do not want us to process your data any further, please send a request via email to the Email Address or via letter mail to the address provided in the legal notice on the Website (https://getmimo.com/legal). We will erase your Data immediately and inform you of this process. Should mandatory provisions of law prevent such erasure, we will inform you without undue delay thereof.6.6You have the right to obtain from us a restriction of processing of your Data in the following cases: <ul> <li>You make an inquiry pursuant para. 7.4, if you so request;</li> <li>you are of the opinion, that the processing of your Data is unlawful, but are opposed to an erasure of Data;</li> <li>you still require the Data for the establishment, exercise or defense of legal claims. or</li> <li>you have objected to the processing pursuant para. 7.8.</li> </ul>6.7You have the right to (i) receive your Data in a structured, commonly used and machine-readable format and (ii) transmit those Data to another controller without hindrance from us.6.8You have the right to object at any time to the processing of Data based on our legitimate interests, including profiling and direct marketing purposes.6.9You have the right to lodge a complaint with a supervisory authority if you think that the processing of Data infringes applicable law, especially the GDPR.7. Cookies7.1The Websites may use cookies, small text files that are placed on your computer, smartphone and/or stored by the browser. If the respective server of our Website is again accessed by you, your browser sends the afore received cookie back to the server. The server can evaluate the information received in this manner in various ways. Cookies can, for example, be used in order to manage advertisements on the Website or to facilitate navigation on a webpage.7.2You can disable the cookies by entering the corresponding settings in your browser software (e.g. in Internet Explorer, Mozilla Firefox, Opera, or Safari). However, in this case you may jeopardize the use of the complete range of functions on the Websites.7.3For additional information, please see our cookie policy.8. Analytics8.1 Google AnalyticsGeneral. For the Services, we use Google Analytics for Firebase ("Firebase"), a measurement solution that provides insight on app usage and user engagement. Opt-Out. You can opt out of certain Firebase features, e.g. mobile device identification, by changing the appropriate settings on your mobile devices. Purpose. We use Firebase to analyze the use of and improve the Services. Based on Firebase reports, we can identify friction points in the Services and measure how updates to the Services affect overall user behavior. Firebase is provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin 4, Ireland. For exceptional cases in which personal data is transferred to the US, Google is certified via the EU-US privacy shield. The legal basis for processing is Art 6 para 1 subpara f GDPR. The Firebase privacy policy can be found at https://www.firebase.com/terms/.8.2 AdjustGeneral. For the Apps on iOS and Android we use the services of Adjust GmbH (Saarbrücker Str. 37a, 10405 Berlin, Germany, “Adjust”). Purpose and Opt-Out. Adjust allows us to us to track and analyze which marketing channels or sources are producing the best results for directing users to download the Services and to help us understand how our users are using the Services. For this purpose Adjust processes mobile identifiers such as the Google Advertising ID (“GAID”) and the ID for Advertising for iOS (“IDFA”)or similar mobile identifiers. For more information on Adjust, see https://www.adjust.com/privacy-policy/, especially section 3. To opt out of tracking by Adjust please go https://www.adjust.com/forget-device/. The basis for the processing is Art 6 para 1 subpara f GDPR.8.3 PeaberryGeneral. We use SDKs (Software Development Kits) of Peaberry. We do not have any influence on the scope and the further use of the Data that is collected through these tools and hence inform you to the best of our knowledge. Purpose. We use Peaberry for staying in touch with you via emails for marketing purposes as well as to inform you of your progress, show you statistics or similar usage information. We use Peaberry to track if you open our emails and if you open content available in the emails. This helps us understand what content is well received and which is not (analytics). The basis for the processing is Art 6 sec 1 subsec f GDPA. Please see Peaberry’s privacy policy at https://customer.io/privacy-policy.html.8.4 Facebook AnalyticsGeneral. For the Services and marketing optimization purposes, we use Facebook Analytics ("Facebook"). Opt-Out. You can opt out of certain Facebook features, e.g. mobile device identification, by changing the appropriate settings on your mobile devices. Purpose. We use Facebook to measure the performance of marketing campaigns and creatives. Based on Facebook reports, we can distinguish between profitable and unprofitable marketing campaigns and creatives. For more information on Facebook, see https://developers.facebook.com/docs/analytics. For cases in which personal data is transferred to the US, Facebook is certified via the EU-US privacy shield. The legal basis for the processing of Data is Art 6 sec 1 subsec f GDPA.8.5 MixpanelGeneral. We use SDKs of Mixpanel. We do not have any influence on the scope and the further use of the Data that is collected through these tools and hence inform you to the best of our knowledge. Purpose and Opt-Out. We use Mixpanel for the tracking of users and analyzing the use of our Services in the Apps. The basis for the processing is Art 6 sec 1 subsec f GDPA. Please see their privacy policy at https://mixpanel.com/legal/terms-of-use/, especially its point 4.6 on opting-out of the automatic data retention.9. Contact9.1We are acting as the controller for the data processing within the meaning of the GDPR.9.2To understand more about the privacy policy, access your personal information, ask questions about our privacy practices, or issue a complaint, please contact our data protection officer within the meaning of the GDPR at privacy@getmimo.com. This privacy policy was last modified on Apr 20, 2020.

Mimo

Terms of Service

On 2020-12-15 00:41:53 UTC, michielbdejong (6) Staff wrote:

On 2020-12-15 00:41:53 UTC, michielbdejong ⁽⁶⁾ Staff wrote: