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allgemeine Geschäftsbedingungen

mexb.ai

Sole trader Meri Khazaradze / Kseniia Brauer

Mariendorfer Damm 1, 12099 Berlin

 

Allgemeine Regelungen

Welcome to mexb.ai. The platform to support your mental health. We have created this platform to help people who need support with their mental health. To do this, we have developed options and tools for you to use individually, subject to your agreement to these Terms and Conditions ("T&C").

Please note that you may disclose very sensitive information about yourself when using our platform. We use this information in the manner set out in the T&Cs. So please read these T&Cs carefully. In terms of data protection law, you will be fully informed about the processing of your personal data in connection with the use of our platform in our data protection declaration.

 

1. General and scope of application

  1. These General Terms and Conditions ("GTC") apply in relation to the provision of the services of our platform "mexb.ai" and AI-chatbot "Ora" by mexb.ai, sole trader Meri Khazaradze/Kseniia Brauer Mariendorfer Damm 1, 12099 Berlin (hereinafter also referred to as "we" or "mexb.ai"), to you as a user (hereinafter referred to as "user" or "you") in the context of the use of our platform (hereinafter also referred to as "mexb.ai platform" or simply "platform" / "Ora AI-chatbot" or simply "chatbot").

  2. These GTC apply regardless of whether you act as a consumer, entrepreneur, or merchant. Some special features apply to consumers, which we may refer to at the appropriate points in these GTC. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity (§ 13 BGB). 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 (§ 14 BGB).

  3. Your General Terms and Conditions shall not apply, regardless of whether you expressly refer to them or we do not expressly object to them. Your General Terms and Conditions shall only become part of this contract if we expressly agree to them. Individual agreements between us in offers, order confirmations, declarations of acceptance etc. take precedence over the provisions of these GTC.

2. Subject of the contract

1. We provide a platform to promote your mental health with the mexb.ai platform. Our services are designed to support people who are facing mental health challenges and are looking for tools and practices to improve their wellbeing. Our services (hereinafter also collectively referred to as "Services") include, but are not limited to, the following:

 

  • A chat supported by artificial intelligence systems

  • A mood scale and a mood chart

  • A diary to record your well-being

  • An anonymous question and answer function on the topic of mental health

  • An automated translation service

 

2. At we would like to point out that the use of our services may involve you disclosing particularly sensitive information about yourself and your mental health. You should therefore read these Terms of Use and the Privacy Policy (Declaration of Privacy Section), as well as our Service Description (Product Section), particularly carefully. Only if you really agree with everything, you should register for our platform and use the services on our platform.

3. Our platform/chatbot and services do not constitute medical or psychotherapeutic advice. All answers and results that you receive from the use of our services are exclusively non-binding recommendations without medical character. Therefore, please check carefully whether you can follow the corresponding answers and results from our services unchecked. In case of doubt, please contact an appropriate specialist office that can personally support you in your problems.

An overview of the entire service portfolio of our platform results from the service description, which is available in its respective version under Product Section.

4. The content entered by you when using our platform/chatbot and the resulting communication content may be used by us for training purposes of our platform and its services.

5. We give you the opportunity to use our platform by creating a free profile. Within the scope of the use of the free profile, you may have access to a limited range of services. In addition, you have the opportunity to book additional functions in our premium model for a fee.

3. Integrated services

1. For the provision of our services, we partly use the services of other providers (hereinafter also referred to as "integrated services"):

- KI Chat : For the provision of our AI Chat and its functions, we use the application "Chat GPT" from OpenAI OpenAI, L.L.C., 3180 18th St, San Francisco, CA 94110, United States of America.

- Translation services: For the provision of our translation services and its functions, we use the application "DeepL" from DeepL SE, Maarweg 165, 50825 Cologne, Germany.

2. In the context of the use of services that make use of Integrated Services, the following applies:

a. We give neither a guarantee nor a warranty for the correctness and usability of the answers and results issued by the Integrated Services. They may therefore be incorrect. You should therefore not base your actions derived from the answers and results on their contents without checking them, but critically question them if they seem strange to you.

b. We give neither a guarantee nor a warranty for the permanent availability of the Integrated Services. As these are provided by other organisations, we have no influence on the technical availabilities.

c. We neither guarantee nor warrant that the answers and results are freely usable by you. We clearly point out that all answers and results could be protected by (copyright) law. Such protection usually prohibits in particular any further distribution of the answers and results by you.

d. You decide for yourself and are therefore responsible for what information and data you share with our services that use Integrated Services. We do check the Integrated Services to ensure that they comply with applicable laws and our policies. However, you should not share any information or data that is subject to privacy or confidentiality laws or that is particularly sensitive information about you. For example, your mental health status. In particular, our AI Chat, which integrates Chat GPT, must not be used to expect medical or other support services. Should this occur, the corresponding answers and results must not be understood as medical advice.

3. We are not responsible for any responses and results or actions or omissions by you resulting from your use of the services that rely on Integrated Services. This means that we are not liable for the accuracy of the responses and results of the Integrated Services or for any actions or omissions by you as a result thereof. In all other respects, we are liable in accordance with the liability rules communicated below.

4. Use of our services & registration

1. To use our services, you must register as a user free of charge. Only natural persons with unlimited legal capacity can register as users.

2. To register, the registration form provided as part of the onboarding process must be completed fully and truthfully and sent to us. We are entitled to request evidence to verify the data provided.

3. By sending the registration form, you are making a binding offer to us to conclude a contract of use for a free basic version. The contract of use is concluded by our confirmation of the registration and the activation of your user account. Each user may only register once.

4. To use our services, at least the following technical requirements are necessary:

  • A stable internet connection

  • Latest version of all digital environments (e.g. platforms) required for the use of our platform (see also our service description at Product Section)

  • If applicable, such technical end device on which and for which our platform, its services and Integrated Services are provided (see also our service description at Product Section)

5. We have the right to block or exclude you from using our services and to delete your user account as well as all services booked by you if we have reasonable grounds to believe that you are (have been) in breach of material obligations under these Terms and Conditions or of the law. In such a case, we will inform you of the planned exclusion by e-mail and give you the opportunity to comment within at least 30 days. In any case, we will take your legitimate interests into account when deciding whether to block or exclude you and will assess your comments accordingly. We will inform you of the result before the blocking or exclusion. The right to extraordinary termination remains unaffected.

5. Your right to use our services

1. You receive a simple, non-exclusive right, limited in time to the duration of the contract and unlimited in space, to use our services in the manner described and permitted in these GTC.

You are not entitled to exhibit, publicly reproduce, in particular make available to the public, edit, redesign, translate, decompile or otherwise transform our services. Your rights under Sections 69d (3), 69e UrhG remain unaffected.

2. The contents of our services are our exclusive property or our exclusive rights ownership or the property / rights ownership of our service providers. All contents are protected by national and international law, in particular copyright. Unauthorised distribution, reproduction, exploitation or other infringement of our industrial property rights and copyrights will be prosecuted under civil and/or criminal law.

6. Availability

For technical reasons, we cannot guarantee the permanent and complete availability of the servers on which our services are operated. The availability of our website or individual services may therefore be limited at times - in particular due to the necessary performance of maintenance or repair work.

7. Limitations of liability

1. Our liability arising from the contract concluded between us, irrespective of the legal grounds, for your damages that do not result from injury to life, limb or health, is limited in amount to the damages typically foreseeable at the time of the conclusion of the contract and on the merits to essential contractual obligations, insofar as the damage was caused by us or by a legal representative or vicarious agent neither intentionally nor through gross negligence.

2. This limitation of liability does not apply insofar as the damage is based on an intentional or grossly negligent breach of essential contractual obligations by us or by a legal representative or a vicarious agent. An essential contractual obligation is an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely.

3. If claims are made against us by third parties on the basis of actions carried out by you on our platform and the resulting infringements of rights, you are obliged to indemnify us against all claims in connection therewith. To this end, you must reimburse us for the costs of a reasonable legal defence and other costs incurred by the claim.

 

8. Principles for the provision of our services

1. With our platform and its functions, we merely provide you with a technical basis for the purposes to be depicted herewith by you within the limits of the purchased services (see in particular the service description under Product Section). We assume no responsibility for the actions performed with our platform or for the content processed with our platform beyond the regulations stated in these GTC, our service description and our data protection declaration.

2. The provisions of tenancy law shall generally apply to the use of our services. Maintenance measures such as troubleshooting, updates or further developments are part of our service. Further support is offered upon corresponding agreement. Beyond the maintenance measures, the statutory rental defect warranty law shall apply.

3. Adjustments, changes and additions to our services as well as measures that serve to determine and remedy malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.

4. You may not transfer our services to third parties for commercial use.

5. Links or functionalities in our services may take you to third-party websites and software that are not operated by us and for which we are not responsible. Such links or functionalities are either clearly marked or recognisable by a change in the address line of the browser or a change in the user interface.

6. We reserve the right to modify, adapt and increase or reduce the functional scope of our services as well as the documents and attachments relating thereto, taking into account your interests, provided that we do not thereby violate our contractually assumed main performance obligations towards you. We will inform you in good time in advance of any significant modifications & adjustments that change the contractual relationship with you. You have the right to object to modifications. If you object, we will jointly try to find alternatives. If these are not found, both parties have the right to terminate this contract extraordinarily.

7. We secure our systems against virus attacks. Nevertheless, a virus attack can never be completely ruled out. In addition, it can happen that unauthorised third parties send messages using our name without our consent, which contain viruses or so-called spyware, for example, or link to web content that contains viruses or spyware. We have no influence over this. You should therefore check all incoming messages sent under our name. This also applies to any messages from other users.

8. We are not responsible for any damage or loss of data that may result from the installation of software not originating from us on your end devices.

9. You undertake not to use your terminal device or the platform store or platform account, login name or password of another user without authorisation under any circumstances. If a third party uses one of the accounts after having obtained the access data because the user has not sufficiently secured them against unauthorised access, the user must allow himself to be treated as if he had acted himself.

10. In the event of a justified suspicion that access data has become known to unauthorised third parties, we are entitled, but not obliged, for security reasons to change the access data independently at our own discretion without prior notice or to block the use of the account. We will inform the authorised user of this without delay and, upon request, provide him or her with the new access data within a reasonable period of time. You have no right to demand that the original access data be restored.

11. You must inform us immediately as soon as you become aware that unauthorised third parties are aware of the access data to your platform store account or that unauthorised third parties are using your terminal device. We would like to point out that access data should be changed regularly for security reasons.

12. When using our services, you are prohibited from:

  • violate third party property rights such as trademarks, copyrights and rights to the use of names,

  • harass other users and third parties,

  • Use any measures, mechanisms or software in connection with the Platform that may interfere with the function and operation of the Platform,

  • take measures that may result in an unreasonable or excessive load on the technical capacities of the platform,

  • Block, overwrite or modify content,

  • add elements to the Platform or change, delete or otherwise modify elements of the Platform,

  • copy, extract or otherwise use graphic elements or attempt to decompile the source code of the platform (subject to Section 69e UrhG),

  • use tools that interfere with the operation of the platform (especially so-called "bots", "hacks", etc.),

  • to obtain premium functions or other advantages, such as the systematic or automatic control of the platform or individual functions of the platform, through the use of third-party software or other applications or to exploit program errors for their own advantage ("exploits"),

  • distribute commercial advertising for third-party products or programmes in connection with our services,

  • use documents, files, third-party IT systems and data in connection with our services that contain harmful code or viruses,

  • use mechanisms, software and scripts that go beyond the functionalities and interfaces provided, in particular if this blocks, modifies, copies or overwrites our services, as well as

  • interfere with our services by altering data (§ 303a StGB), computer sabotage (§ 303b StGB), falsification of evidentiary data (§ 269, 270 StGB), suppression of evidentiary data (§ 274 StGB), computer fraud (§ 263a StGB), spying on data (§ 202a StGB), interception of data (§ 202b StGB) or other criminal offences.

9. Contract duration & cancellation/termination

1. The duration of the usage contract between us is based on the duration of the service you have booked. The free contract in the basic version generally runs for an indefinite period. For the duration of premium versions, please refer to the respective price model (LINK).

2. If you use the basic version, termination is effected by deletion of your user account. The contracts existing between us with regard to the terms of Premium Versions can be terminated with a notice period of 4 weeks. If you have booked a premium version for which a fee is charged, please send your cancellation in text form (by e-mail) to E-MAIL or click on the "Cancel now" button in your user account. If you do not cancel, the contract for the Premium Version will be extended by 1 month at a time.

3. The right to extraordinary termination for good cause (§ 314 BGB) remains unaffected. An important reason for us exists in particular if (i) you seriously violate these GTC, or (ii) you are in default with the payment of the costs for the use of chargeable services despite a reminder and a grace period for payment of at least two calendar weeks.

10. Place of jurisdiction

If you act as a company or are a merchant within the meaning of the German Commercial Code (HGB), our registered office shall be the place of jurisdiction for all disputes arising from this contract. In the case of contracts with consumers, the statutory provisions on the respective competent court shall apply.

11. Online dispute resolution

Information on online dispute resolution for consumers: We draw your attention to the possibility of online dispute resolution (so-called "ODR platform"). Consumers can use the ODR platform as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase or service contracts. The ODR platform can be accessed at the following link: http://ec.europa.eu/consumers/odr. We are not willing to participate in the resolution of disputes via this ODR platform.

12. Other

1. Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected, unless the omission of individual clauses would put a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.

2. Amendments and supplements to the GTC and the entire contract existing between us must be made in text form to be effective. Amendments and supplements to the contract which are (have to be) made by us due to changed legal or technical requirements for our provision of services and which do not have a negative impact on the services to which you are entitled shall become effective if you do not object to an amendment in text form within one month after receipt of a notice of amendment and we have informed you in advance of your right to object. If you object to the change, the contract will continue to apply unchanged and we are entitled to terminate the contract with extraordinary notice of one month to the end of the next calendar month. Amendments and additions to the contract which we wish to make due to changes in performance, remuneration or other commercial or operational requirements will only become effective if you expressly consent to them. This consent can be given by clicking a consent button in the change notice (email or pop-up as part of using our services) or by any other simple & transparent means provided by us to you. The text form also applies to an amendment of this form clause. The priority of individual ancillary agreements remains unaffected. The aforementioned deadlines do not apply and there is only a right to be informed of changes to the contract if the changes are necessary to avert an unforeseen and imminent danger in order to protect you against fraud, malware, spam, breaches of data protection or other cyber security risks.

3. Both parties are entitled to transfer the contract to a company affiliated with them, a legal successor or a company taking over the respective services. They shall inform each other of this in text form before the planned transfer.

Regulations concerning services subject to remuneration

13. Conclusion of a contract for the use of chargeable services

1. A contract for the use of chargeable services is concluded (subject to Clause 13.2 for the purchase of chargeable platform and in-platform purchases) as follows:

  • On our platform you will find information about the content and costs of the chargeable services offered by us. This information does not constitute an offer to conclude a contract for the use of our services.

  • Only by sending the corresponding booking form do you make a binding offer to us to conclude a contract for the corresponding services.

  • Before submitting the booking form, we draw your attention to the fact that the booking is subject to a charge and give you the opportunity to take note of these GTC.

  • Furthermore, we give you the opportunity to check your entries and correct them if necessary before sending the booking form.

  • After sending the booking form, you will receive a confirmation of receipt of your booking from us to the e-mail address you provided. This confirmation of receipt also constitutes acceptance of your offer to book the service.

  • In this e-mail or in a separate e-mail, we will send you the text of the contract (consisting of the order, GTC and order confirmation and invoice) (contract confirmation).

  • Upon full payment of the benefits purchased, you will have immediate access to the benefits.

2. App and in-app purchases are made as follows:

  • The purchase and download of a paid version of our services takes place in the App Store (hereinafter referred to as "App Purchase"). The processing of the purchase is carried out by the App Store. The conclusion of the contract and the payment processing are governed by the terms and conditions of the App Store.

  • The purchase of premium functions may be possible directly in the app (hereinafter referred to as "in-app purchase"). The processing of the in-app purchase is carried out by the app store. The conclusion of the contract and the processing of payments shall be governed by the terms and conditions of the App Store.

  • The "purchase" of an app and/or the purchase of premium functions basically only means the granting of a right of use. The scope and duration of the right of use granted depend on the respective service (for the right of use, see above).

14. Remuneration & Terms of Payment

1. The type and amount of remuneration for the service you have booked will be communicated to you in the booking process, in the booking overview as well as in the booking confirmation and, unless expressly stated otherwise, is inclusive of statutory VAT.

2. You will be informed about the available payment methods during the booking process and can choose the payment method that suits you best.

3. If we integrate third-party providers for the processing of the payment transaction, their terms and conditions shall also apply.

4. If you fail to meet a statutory or agreed payment deadline, you shall be immediately in default and we shall be entitled to demand corresponding interest on arrears.

5. Where payment is made within the European Union (EU), we do not charge a separate fee for any of the means of payment we use. Please note that we only accept payments from accounts within the EU. Any costs of any other transaction will be borne by you.

15. Revocation provisions

1. Insofar as you make use of our services as a consumer, you can revoke the contract concluded between us as follows:

Cancellation policy

2. You may revoke your contractual declaration in text form (e.g. letter, e-mail) within 14 days without stating reasons. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of our information obligations according to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB as well as our obligations according to § 312 e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period.

The revocation is to be addressed to:

mexb.ai

Sole trader Meri Khazaradze/Kseniia Brauer

Mariendorfer Damm 1, 12099 Berlin

e-mail: hello@mexb.ai

I/we (*) hereby revoke the contract concluded by me/us (*) for the 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 for communication on paper)

Date ______________________________

Status: July 2023

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