End-User terms for the Mindcap-App
IMPORTANT – Read carefully before downloading, installing or using the MindCap-App.
Last updated: 4 August 2020
These end-user terms (the “Terms”) are an agreement between you, as the end-user, and MindCap ApS (“MindCap”), a Danish company registered under company number 39956187, as the owner and operator of the MindCap-App.
Your app store provider is not a party to these Terms and is not in any way responsible for the MindCap-App
- Introduction and acceptance of these terms
- By downloading, installing or using the MindCap-App (the “App”) you as the end-user accept, agree to and abide by these Terms, including the processing of personal data, as described in Section 6 and 7 in these Terms.
- These Terms set forth the terms and conditions under which you as the end-user may use the App.
- MindCap reserves the right to update these Terms and the App at any time. If any changes to these Terms are made, MindCap will notify you. The most current version of the Terms can be found at www.MindCap.dk. Updates to the App are issued through your app store provider. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms and conditions for the use of the App.
- Download of The MindCap-app
- The App can be download on smartphone or tablet and is compatible with all IOS devices and all Android devices.
- When you download the App, you warrant that you are the owner of the device to which you have downloaded the App, or that you have obtained permission from the owner of that device to download the App as permitted by the app store provider’s usage rules.
- MindCap ME and MindCap Business
- MindCap offers two types of subscriptions in the App: MindCap ME and MindCap Business.
- MindCap ME is for individuals who want to improve their work-life balance and create a more meaningful life. MindCap Me is free to use.
- MindCap Business is for businesses, who have entered into a license and services agreement with MindCap, under which the App is a part of the solution and services provided by MindCap to the business. Use of MindCap Business requires a payment. To get more information about MindCap Business, please contact MindCap at firstname.lastname@example.org.
- MindCap-Account and Authorized use
- The end-user must create a MindCap-account before he/she can use the App. The end-user is responsible for all activity occurring under the end-user’s account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the use of the App, including those related to data privacy, international communications, and the transmission of technical or personal data.
- The end-user shall notify MindCap immediately of any unauthorized use of the end-user’s account or any other known or suspected breach of security of the end-user.
- The end-user may use the App only for the intended purposes and in accordance with these Terms. The end-user shall comply with any applicable third-party terms of agreement when using the App, including the app store provider’s rules.
- The end-user and anyone using the App are not entitled to:
- license, sublicense, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the App or make the App available to any third-party;
- modify or make derivative works based upon the App;
- copy or create any access to the App; or
- reverse engineer or access the App in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the App, (iii) copy any ideas, features, functions or graphics of the App, or (iv) for the purposes of investigating possible patent infringement.
- Support Services and other services
- MindCap provides maintenance and support services for the App. All troubles, bugs, errors or issues with the App can be reported to email@example.com.
- MindCap provides certain services related to the App. Please check the License Agreement for more information.
- Processing of the end-user’s personal data in the APP
- When creating an account and using the App, the end-user gives his/her consent for the processing of his/her personal data when using the App.
- The end-user owns the data which are processed with the App (“Data”). The Data only includes data provided by the end-user into the App.
- If the Data is processed under MindCap ME, MindCap processes the Data on behalf of and under instructions from the end-user. MindCap has the responsibility for the processing of the Data. The Data is processed in accordance with the EU Regulation on Personal Data and with the highest security levels. In this event, clause 6.8 shall apply.
- If the Data is processed under MindCap Business, the business entity subscribing to the specific MindCap Business account is the data controller and MindCap is the data processor processing the Data on behalf of and under instructions from that business entity. MindCap shares the Data with the business entity. In this event, the clauses 6.5-6.8 shall apply.
- The Data is stored in accordance with the EU Regulation on Personal Data and with the highest security levels.
- The business entity, who is the data controller, has the sole responsibility for the integrity, legality and appropriateness of the Data and the processing of the Data, including concluding data processing agreements and obtaining necessary consent from the persons, which is subject to the Data.
- The end-user and/or the business entity, who is the data controller, can provide MindCap access to the Data. In this event, the business entity as the data controller has the responsibility to ensure that such authorization complies with all applicable laws and regulations, including personal data regulations.
- MindCap is not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of the Data. MindCap has no obligation to maintain or forward any Data or other data generated as a result of the use of the App.
- Personal data – the end-user’s rights
- The end-user can at any time request MindCap not to process any Data about the end-user. This may result in the termination of the end-user’s access to the App.
- The end-user has the right at any time to be informed about which Data MindCap is processing about the end-user. The end-user has the right at any time to receive a copy of such Data and obtain access to the data.
- At any time, the end-user can require MindCap to correct wrong information about the end-user, and the end-user is entitled to add additional information to his or her personal data that are stored.
- MindCap will correct or delete incorrect or misleading Data on request.
- The data will not be disclosed to any third party, with the exception of Data under MindCap Business as described in clause 6.4.
- The end-user can object against or limit MindCap’s storage of the end-user’s personal data at any time.
- The end-user can find more information about the end-user’s rights relating to personal data on the Danish Data Protection Agency’s website, www.datatilsynet.dk/english. Complaints about our processing of personal data must be filed to the Danish Data Protection Agency.
- Liabilities and warranties
- MindCap is not responsible for any unavailability, interruptions, interferences or disconnection of the App directly or indirectly caused by the system of the end-user or any other third-party systems.
- MindCap does not warrant that the App will meet all the end-user’s requirements or operate uninterrupted or error-free. Except as required by mandatory law or expressly stated in this Agreement, there are no express or implied warranties provided.
- To the extent permitted by mandatory law, in no event shall MindCap be liable for any indirect, incidental or consequential damages or expenses, including but not limited to loss of profits and lost savings.
- Intellectual property rights
- MindCap exclusively owns all rights, titles, interests and all other intellectual property rights in and to the App and MindCap, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by the end-user or any other party relating to the App or MindCap.
- Access to MindCap Business is provided under a license according to a license agreement. The license is not a sale to and does not convey to anyone any rights of ownership in or related to the App or any other intellectual property rights owned by MindCap.
- MindCap warrants that the App does not infringe third party rights.
- Legal compliance of the end-user
- The end-user warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
- MindCaps contact details
- Any end-user questions, complaints or claims with respect to the App can be directed to MindCap:
- Company address:
- Telephone number: +45 26 83 83 26
- E-mail address: firstname.lastname@example.org
- App store provider as THIRD-PARTY beneficiary
- MindCap and the end-user acknowledge and agree that the end-user’s app store provider and its subsidiaries are third-party beneficiaries of these Terms, and that the app store provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against the end-user as a third-party beneficiary thereof.
- MindCap can terminate the end-user’s access to and use of the App at MindCap’s discretion if MindCap has a good reason to believe that the end-user has breached these Terms. In such circumstances the end-user is not entitled to any compensation or refund.
- MindCap is entitled to modify or discontinue, temporarily or permanently, the App at MindCap’s discretion. MindCap will give the end-user notice of such modification or discontinuance, if possible. The end-user agrees that MindCap shall not be liable to for any modification or discontinuance of the services.
- The end-user may discontinue the use of the App at any time.
- Governing law and jurisdiction
- The laws of Denmark, including the Danish Commission Act, shall govern these Terms. All choice of law provisions are excluded. The United Nations Convention on Contracts for the International Sale of Goods is excluded.
- All disputes arising out of or in connection with these Terms and/or the use of the App shall be resolved by the City Court of Copenhagen.