Giesenheide 40, 40724 Hilden
(hereinafter "chargeyourmind")and the users (hereinafter "Users")
App means the application provided by chargeyourmind, which can be run on smartphones with the iOS and Android operating systems. Topic means a question on a certain topic submitted by the user to the service. TopicCoins are a virtual currency. TopicCoins can be used to reward answerers. User means any natural or legal person who uses telemedia, in particular to obtain or access information. User Profile means functions in the App that enable the management of the User's inventory data. Access to the App requires that a valid User Profile exists. Consumer means any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. In contrast, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities. A merchant is a person who conducts a commercial business. Distance contracts are contracts between the provider and a user where the user is a consumer and where the provider or a person acting in his name or on his behalf and the user exclusively use means of distance communication for the contract negotiations and the conclusion of the contract, unless the conclusion of the contract does not take place within the framework of a distribution or service system organized for distance sales.
a. Question and answer function
As a user you can open a topic and exchange information with other users. Furthermore, you can leave a message for an already existing topic.
b. Registration and login
As a user, you can register with the Service with a username, email and password and then create a user profile. After completing the registration, the Service will verify the email address by sending an email to the email address specified in the user profile. When you have successfully completed the registration process, you can log in to the Service with your username and password.
c. Create topic
Eingeloggte Benutzer können beliebige Topics erstellen, wobei neben einer Zusammenfassung eine Beschreibung und Stichwörter (sog. Keywords) eingetragen werden können.
d. Join a topic
Any user can search topics using the app's search function and join the respective topic. After joining, the user can read all the answers to the topic.
e. Create answer
After joining a topic, the user can create replies.
The operation of the service is voluntary. The granting of the functions and services described under §§ 3 ff. is at the free discretion of chargeyourmind. Even in the event of repeated unconditional granting, there is no legal claim to granting for the future. In particular, chargeyourmind reserves the right to change the operation of the service in the future or to discontinue it partially or completely without prior notice. The provision of the service is offered within the framework of the respective existing technical and operational possibilities. Interruptions and impairments such as those due to network failures, power outages, events of force majeure, necessary technical maintenance measures cannot be ruled out. chargeyourmind strives for 99% availability of its systems. However, chargeyourmind does not grant any claim to the actual availability or suitability of the service for any purpose. The permission granted to a user to use the service may be revoked or restricted at any time for factual or important reasons. The revocation or restriction is exercised by written, textual or verbal declaration of a company representative appointed for this purpose. In the event of good cause, chargeyourmind will immediately delete the user profile and prohibit future registration if there is a risk of repetition. The stored data is also affected by the deletion, insofar as the important reason also extends to this data. The user's legal rights to data portability are guaranteed in accordance with the statutory provisions.
If the user concludes a distance contract with chargeyourmind, the following paragraph (cancellation policy for community participation) applies if the user is a consumer.
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 date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (chargeyourmind GmbH, Giesenheide 40, 40724 Hilden, phone number +49 (0) 2103-7892817, e-mail: firstname.lastname@example.org) 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 attached sample withdrawal form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you revoke 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 revocation 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 any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
Sample cancellation form
(If you want to cancel the contract, please fill out and return this form).
To chargeyourmind GmbH, Giesenheide 40, 40724 Hilden, phone +49 (0) 2103-7892817, E-Mail: email@example.com:
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
--.--.---- / --.--.----
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
Expiry of the right of withdrawal
The right of withdrawal expires if the Provider has fully performed its contract-related services and has only begun to perform its contract-related services after the User has given its express consent to this and at the same time confirmed its knowledge that it loses its right of withdrawal upon full performance of the contract by the Provider.
The costs of the TopicCoins result from the respective price tables, which can be accessed under the heading of the same name in the app. Unless otherwise specified, all prices include the applicable statutory value added tax.
Contracts between chargeyourmind and the user are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected. The data formats of chargeyourmind are generally not compatible with the digital content of other programs; consequently, the data transmitted to chargeyourmind cannot be exported and then directly imported into another program. However, upon request, chargeyourmind will provide the user with the transmitted data in CSV format. The invalidity of individual provisions of this agreement shall not result in the invalidity of the remaining provisions. The invalid provision shall be replaced by the legally permissible provision that most closely approximates the economic intent of the invalid provision. The same shall apply in the event of a contractual loophole.