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OUR GENERAL TERMS AND CONDITIONS

1 SCOPE AND SUBJECT OF CONTRACT

1.1  These Contract Terms apply to the purchase and use of the software offered
by MeisterLabs GmbH, Zugspitzstrasse 2, 85591 Vaterstetten, Germany
(“MeisterLabs”), on the websites ‘www.mindmeister.com’, ‘www.meistertask.com’
and ‘www.meisternote.com’ (together “Websites”) (“Contract Terms”).

1.2  The software is operated by MeisterLabs as a web-based SaaS, respectively
as a cloud solution. This allows you to use the software stored and operating on
the servers of MeisterLabs or a service provider commissioned by MeisterLabs via
an internet connection and browser access for your own purposes during the term
of this contract and to store and process your data with the help of the
software.

1.3  These Contract Terms apply both to entrepreneurs pursuant to § 14 BGB
(German Civil Code) and to consumers pursuant to § 13 BGB. A consumer is every
natural person who enters into a legal transaction for purposes that are
predominantly attributed neither to his or her commercial nor to his or her
independent professional activity. The following supplementary conditions apply
to consumers Additional Terms and Conditions for Consumers. The MeisterLabs
offer is not directly aimed at minors who have not yet reached the age of
eighteen. In this respect, we assume that minors will only use our software with
the consent and under the guidance of their legal guardian.

1.4  These Contract Terms apply exclusively. Your Contract Terms shall not
apply. Counter confirmation from you with reference to your own Contract Terms
are expressly rejected.

1.5  You agree to the validity of these Contract Terms with the submission of
your order and your registration as a user on one of the websites by clicking on
a corresponding button.

1.6  These Contract Terms also apply to future contractual relationships.

1.7  You can access and print out as well as download and save these Contract
Terms at any time, even after conclusion of the contract, on one of our websites
under the link “GTC”.

2 REGISTRATION, ASSURANCES ON REGISTRATION, CONCLUSION OF CONTRACT

2.1  In order to use our services, you must first register on one of the
websites. You may only register once and only create one user profile. You may
not use pseudonyms or artistic names. Registration is free of charge.

2.2  By completing your registration, you are making an offer to enter into a
contract of use and you warrant that all data provided by you during
registration is true and complete. You are obliged to notify us immediately of
any changes in your registration data. The contract of use concluded by this
registration includes the use of the “Free Version” of the software within the
meaning of clause 3.1.

2.3  MeisterLabs accepts this offer by activating the user account for the
services. Through this acceptance, the contract between you and us comes into
effect.

2.4  If and to the extent that you provide personal data (e.g. personalised
email addresses) of one or more users during the registration process in order
to obtain the desired number of licences, you expressly agree to electronically
conclude our standard contract for commissioned processing pursuant to Art. 28
(3) of the European General Data Protection Regulation (“GDPR”)” as part of the
registration process in addition to these Contract Terms.

2.5  Insofar as you do not use the software yourself as a natural person, only
such persons may be authorised to use the software who stand in relation to you
with contracts of service, employment o apprenticeship at the time the contract
is concluded. Direct or indirect use by other persons is not permitted. You
warrant that you have obliged each user to comply with these contractual terms
and conditions and in this respect indemnify MeisterLabs against all claims in
accordance with the provision in section 6.7.

2.6  You are obliged to keep the password chosen by you during registration as
well as the other access data secret and to ensure that any persons authorised
by you to whom access data is made available also do so. MeisterLabs will not
ask you for your password at any time except when using the software.

2.7  By presenting and advertising products and services on our websites, we do
not make any binding offer to sell specific products or services. If you wish to
purchase paid versions of the software (i.e. “paid versions” within the meaning
of section 3.1), you can start the initially non-binding ordering process by
clicking on the “Buy now” button. As far as provided for the respective paid
version, you can specify in the next step for how many users a right to the
respective paid version is to be acquired. Before completing the ordering
process, you can correct your order at any time by using the correction aids
provided and explained for this purpose in the ordering process. By clicking the
button “[Complete order / Order with obligation to pay]“ you place a binding
order for the previously selected software version. Confirmation of receipt of
your order will be sent by e-mail immediately after you have sent the order. The
point in time at which the contract with us comes into effect depends on the
payment method you have chosen: Credit card When you place your order, you
simultaneously transmit your credit card details to us. After your legitimation
as a legally entitled cardholder, we request your credit card company to
initiate the payment transaction and thereby accept your offer. PayPal During
the ordering process you will be redirected to the website of the online
provider PayPal. There you can enter your payment details and confirm the
payment instruction to PayPal. After placing the order in the shop, we request
PayPal to initiate the payment transaction and thereby accept your offer.

3 USAGE VARIANTS, PRICES, PRICE CHANGES AND TERMS OF PAYMENT

3.1  MeisterLabs offers registered users two versions of use on its websites:

a)  a free version, which is functional but limited (“free version”) and

b)  several paid versions with additional functions (“paid version”).

3.2  Details on fees for the individual paid versions can be found on the web
pages in the “Prices” section. The prices stated there are binding and are
exclusive of the applicable statutory tax. Each fee is due for payment upon
conclusion of the contract for the entire term.

3.3  You can pay by means of the debit procedures offered on the websites, in
particular the accepted credit cards, or by means of the online payment
procedures offered. If a charge cannot be collected, you shall bear all costs
arising there- from, in particular bank charges in connection with the return of
direct debits and comparable charges, to the extent that you are responsible for
the event which led to fees being incurred.

3.4  MeisterLabs will send you the invoice for the fees paid by e-mail.

3.5  Subject to the conditions of this clause 3.5, MeisterLabs is entitled to
increase the prices payable by you for the paid versions at its reasonable
discretion in order to compensate for any increase in the total costs occurring
after the conclusion of the contract. The total costs consist in particular of
costs incurred for the maintenance, operation and functional expansion of the
software. A price increase is only permissible for the paid versions in each
case once per calendar year. Apart from that, § 315 BGB remains unaffected.
MeisterLabs will inform you about the price increase at least six weeks before
it comes into effect in text form (e.g. by e-mail) and inform you about the
reasons for the price increase.
If circumstances that have occurred after the conclusion of the contract lead to
a reduction in the total costs of Meister- Labs, MeisterLabs undertakes to
reduce the price to be paid by you for the paid version immediately to the
extent of the reduced cost element in the total costs and to inform you of this
in text form.

4 TYPE AND SCOPE OF THE SERVICE

4.1 MeisterLabs provides you with the software in its respective current version
for use at the router point of the data centre in which the server with the
software is located (“delivery point”). The software, the computing power
required for the operation of the software in the data centre and the storage
and data processing space required for this are provided by MeisterLabs.
However, MeisterLabs is not obliged to ensure the establishment and maintenance
of the data connection between your systems and the described delivery point.

4.2  MeisterLabs grants you the non-exclusive, non-transferable right of use,
limited to the duration of the contract, to use the software for your own
purposes, to store and process your data with the aid of the software, to load
the user inter- face of the software for display on the screen into the main
memory of the end devices used for this purpose in accordance with the agreement
and to make the resulting copies of the user interface.

4.3  The contractually agreed service may not be made available to third parties
unless this has been expressly agreed by the parties.

5 AVAILABILITY AND CHANGES OF THE SOFTWARE

5.1  MeisterLabs will enable the use of the software within the framework of the
proven state of the art and will endeavour to ensure the greatest possible
availability. MeisterLabs reserves the right to temporarily restrict access to
or use of the Software in whole or in part if this is necessary with regard to
capacity limits, the security or integrity of the servers or for the
implementation of technical measures and this serves the proper or improved
provision of the services (e.g. during maintenance work, updates, upgrades).
MeisterLabs will provide you with updates during the term of the Agreement that
are necessary to maintain the Software in compliance with the Agreement and will
provide you with reasonable notice of such updates. Beyond that, MeisterLabs is
not obliged to provide updates or upgrades for the Software or to adapt the
Software in any other way to any changes in hardware and/or software (in
particular operating systems or web browsers).

5.2  MeisterLabs draws your attention to the fact that restrictions or
impairments of the services provided may arise that are beyond the control of
MeisterLabs. This includes, in particular, actions by third parties not acting
on behalf of Meister- Labs, technical conditions of the Internet that
MeisterLabs cannot influence and force majeure. The hardware, software and
technical infrastructure used by you may also have an influence on the services.
Insofar as such circumstances have an influence on the availability or
functionality of the service provided by MeisterLabs, this shall have no effect
on the contractual conformity of the services provided.

5.3  You are obliged to notify MeisterLabs immediately and as precisely as
possible of any functional outages, disruptions or impairments of the software.
If you fail to do so, § 536c BGB (German Civil Code) shall apply accordingly.

5.4  MeisterLabs is entitled to further develop and modify the Software,
provided that such further development or modification (i) is necessary for
MeisterLabs to comply with mandatory legal requirements, (ii) merely means an
adaptation to the respective proven or current state of the art or (iii) does
not go beyond what is commercially available and reasonable for you in the case
of comparable software, i.e. does not disappoint your legitimate expectation of
continuing to use essential available functions of the Software.

6 OBLIGATIONS OF YOU AS A USER; GRANTING OF RIGHTS BY YOU

6.1  In order to use the software, the system requirements resulting from the
product description must be met by you; you are responsible for this yourself.
The product description can be accessed at any time at MeisterTask, MindMeister
and MeisterNote. The use of the software requires a sufficient Internet
connection, which you must provide yourself. Offline use of the software is not
possible.

6.2  The proper and regular backup of your data is exclusively your
responsibility. This also applies to documents (e.g. invoices) provided by
MeisterLabs in the course of contract execution.

6.3  Insofar as you entrust MeisterLabs with protected content (e.g. graphics,
brands and other copyright and/or trademark protected contents within the scope
of the use of the Software), you grant MeisterLabs all rights necessary for the
performance of the contract. This includes, in particular, the right to make the
corresponding contents accessible to other users, if necessary, within the
framework of the execution of the contract. In this respect, you warrant that
you own all necessary rights to materials provided in order to grant MeisterLabs
the corresponding rights.

6.4  You are obliged to observe the applicable laws and the rights of third
parties when using the content and services on the websites. In particular, you
are prohibited from,

 * using offensive or defamatory content, regardless of whether this content
   concerns other users, MeisterLabs employees or other persons or companies,

 * using pornographic content or content that violates youth protection laws or
   advertise, offer or distribute pornographic products or products that violate
   youth protection laws,

 * harassing other users unreasonably (in particular through spam) (cf. also § 7
   Law against Unfair Competition – UWG),

 * using content protected by law (e.g. by copyright, trademark, patent, design
   or utility model law) without being entitled to do so, or from advertising,
   offering or distributing goods or services protected by law, as well as

 * engaging in or promoting actions in contravention of competition rules,
   including progressive canvassing (such as chain, snowball or pyramid
   schemes).

6.5  In addition, you are also prohibited from the following actions:

 * Use any mechanisms, software or scripts in connection with the use of the
   Websites. However, you may use the interfaces or software provided to you as
   part of the services offered on our websites.

 * Blocking, overwriting, modifying, copying, unless this is necessary for the
   proper use of the services of the websites. (For example, copying by means of
   “robot/crawler” search engine technologies is not necessary for the proper
   use of our services and is therefore expressly prohibited).

 * Distribution and public reproduction of content from the websites or from
   other users.

 * Any action that is likely to impair the functionality of the MeisterLabs
   infrastructure, in particular to place an excessive load on it.

6.6  If the rights of third parties or legal requirements are violated by the
content posted by you or by your use of the ser- vices, you will immediately
cease the use that is contrary to the contract and / or the law.

6.7 You will indemnify MeisterLabs against all claims, including claims for
damages, brought by other users or other third parties against MeisterLabs for
infringement of their rights by (i) content posted by you, or (ii) use of the
Software by you. You will pay all reasonable costs incurred by us as a result of
any infringement of third party rights, including reasonable costs incurred for
legal defense. The foregoing obligation under this clause 6.7 shall not apply to
the extent that MeisterLabs is responsible for the infringement. All further
rights as well as claims for damages of MeisterLabs remain unaffected.

7  INFORMATION ABOUT ILLEGAL CONTENT BY USERS

If you notice any use of the websites (including the use of pseudonyms or
deceptive identities) that is contrary to the law or to the terms of the
contract, please inform us using the contact form available on the websites.

8  CUSTOMER SERVICE AND SUPPORT

You can submit questions and clarifications about your contract or about the
software and services from us at any time via the contact form available on all
our websites or by email to MeisterLabs.

9  WARRANTY

9.1  You must notify MeisterLabs of any defects in the software immediately and
in writing. The written notice of defect must describe the defect and the
corresponding data processing environment as precisely as possible.

9.2  In principle, the statutory regulations on warranty in tenancy agreements
apply. Sections 536b BGB (knowledge of the tenant of the defect upon conclusion
of the contract or acceptance), 536c BGB (defects occurring during the lease
period; notification of defects by the tenant) apply. The strict liability for
defects existing at the time of conclusion of the contract pursuant to Section
536a (1) BGB (Landlord’s liability for damages) is excluded.

9.3 Warranty rights do not exist if the defect of the software has arisen due to
an inadmissible, unsuitable or improper treat- ment or use of the software by
you or due to a modification to the software not authorized by MeisterLabs.

10 LIABILITY OF MEISTERLABS

10.1  MeisterLabs shall be liable to you in all cases of contractual and
non-contractual liability in the event of intent and gross negligence, in the
event of culpable injury to life, physical integrity or health, in the event of
the assumption of a guarantee and in the event of liability under the Product
Liability Act.

10.2  In all other cases MeisterLabs is only liable in the case of simple
negligent breach of an essential contractual obligation, i.e. such a contractual
obligation, for which fulfilment is strictly necessary for proper execution of
the contract in the first place and whose compliance may regularly be relied
upon by the customer; this is limited to the compensation of the foreseeable and
typical damage. In all other cases, the liability of MeisterLabs is excluded.

10.3  If you suffer damage as a result of the loss of data, MeisterLabs shall
not be liable for this insofar as the damage would have been avoided if you had
made a regular and complete backup of all relevant data. You will carry out a
regular and complete data backup yourself or have it carried out by a third
party and are solely responsible for this.

11 TERMINATION OF THE CONTRACT

11.1  The contract for the free version of the software runs for an indefinite
period. You may terminate this contract at any time without giving reasons or
term of notice. Please send us your notice of termination using the contact form
accessible from any page on the websites and include your user name and email
address registered on our websites. Alternatively, you can cancel your contract
under Subscription in the account area.

11.2  The contract for the paid versions of the software is concluded as a
subscription contract with a fixed minimum usage period of, for example, six or
twelve months. The length of the minimum usage period is determined in the
ordering process. Subject to the provision to the contrary for consumers in
section 13.1 of these contractual terms and conditions, the subscription
contract for the paid version shall be extended after expiry of the minimum
usage period by a period corresponding to the minimum usage period, unless the
contract is terminated beforehand in due time. The Paid Version Subscription
Agreement may be terminated by you or MeisterLabs without cause upon fourteen
(14) business days’ notice to expire at the end of the Minimum Usage Period
booked in the ordering process or at the end of any renewal period thereafter.
For consumers, clause 13.1 applies in addition. The termination can be declared
via e-mail and to MeisterLabs also by using the contact form accessible from any
page on the websites. The user name and the e-mail address registered on the
websites must be stated when giving notice of termination.

11.3  The right of both parties to terminate the license agreement for the
software for important reasons shall remain unaffected. An important reason for
termination exists in particular if the continuation of the contractual
relationship until the expiry of the statutory notice period is unreasonable for
the terminating party, taking into account all circumstances of the individual
case and weighing the interests of both parties. The following events in
particular may constitute important reasons:

 * non-compliance with legal requirements by you;

 * breach of contractual obligations, in particular from clause 4 of these
   contractual conditions;

 * the reputation of the services offered by MeisterLabs is impaired, not only
   to an insignificant extent, by you;

 * you promote associations, communities, methods or activities that are
   monitored by security or youth protection authorities;

 * you are harming one or several other users;

 * you are a member of a sect or a controversial religious community.

11.4  In the event of an important reason, MeisterLabs may also impose the
following sanctions on you irrespective of termination:

 * deletion of infringing content that you have uploaded;
 * issue of a warning;
 * (temporary) blocking of access to the services offered by MeisterLabs until a
   detected infringement is remedied by you.

11.5 MeisterLabs may also terminate the license agreement for the software
without notice, if you object to the commission- ing or modification of a
subcontractor in the context of the processing of personal data carried out by
MeisterLabs in accordance with Art. 28 GDPR within the objection period of 2
weeks as stated in the standard contract for the commis- sioned processing of
personal data.

12 FINAL PROVISIONS

12.1  Amendments and supplements to these contractual terms and conditions must
be made in writing. This also applies in particular to a waiver of this written
form requirement.

12.2  Should individual provisions of these contractual terms and conditions be
or become invalid, this shall not affect the va- lidity of the remaining
provisions. The parties undertake to replace the invalid provision with one that
comes as close as possible to the economic intent of the invalid provision in a
legally permissible manner. The same shall apply in the event of any gaps in the
agreement.

12.3  MeisterLabs reserves the right to propose a change to these contract terms
to you at any time. We will provide you with the proposed changes to these terms
in text form (e.g. by email) at least 30 days before the proposed effective
date. For (i) non-material changes to the terms that do not affect material
provisions of these terms (e.g., provisions relating to the nature and scope of
the services provided by MeisterLabs), and (ii) changes required by a change in
law, a final court decision or a binding order of a competent authority, your
consent will be deemed given if your rejection is not notified to MeisterLabs in
text form before the proposed effective date of the changes. If you do not agree
with the changes, you may notify MeisterLabs of your disapproval of the changes
up to the proposed effective date. The amended GTC will also be published on the
websites.

12.4  Unless otherwise agreed, you can send all declarations to MeisterLabs in
any case by e-mail, using the contact form ac- cessible from any of our
websites. MeisterLabs, in return, may send statements to you by email or letter
to the addresses you have provided as current contact information in your user
account.

12.5  The law of the Federal Republic of Germany shall apply. The provisions of
the UN Convention on Contracts for the Inter- national Sale of Goods shall not
apply. If you are a consumer and have your habitual residence in another country
at the time of the conclusion of the contract, the application of mandatory
legal provisions of this country remains unaffected by the choice of law made in
sentence 1.

12.6  If you are a merchant, the exclusive place of jurisdiction is Munich.
Otherwise, the applicable statutory provisions shall apply for local and
international jurisdiction.




ADDITIONAL CONDITIONS FOR CONSUMERS

The following terms and conditions apply only to consumers. In the event of
contradictions with the other contractual conditions, the provisions of this
section shall prevail.

13 TERM AND TERMS OF PAYMENT FOR CONSUMER TRANSACTIONS

13.1  Insofar as you conclude the user contract for the paid version as a
consumer, notwithstanding clause 11.2, this contract shall be extended after the
expiry of the minimum usage period for an indefinite period. In this case, you
can cancel the paid version at any time after the minimum usage period, booked
in the ordering process, has expired with a notice period of one (1) month.

13.2  In deviation from the provision in clause 3.2 of these contract terms, the
fees for consumer transactions are collected from the consumer on a monthly
basis after expiry of the initial contract term and automatic renewal of the
contract.

14 NOTICE OF RIGHT OF REVOCATION

14.1  Right of revocation:
As a consumer, you have the right to revoke this contract within 14 days without
giving any reasons. The revocation period begins on the day of the conclusion of
the contract; we expressly refer to the regulations on the exclusion of the
right
of revocation for digital content – see section 14.3 below. To comply with the
revocation period, it is sufficient to send a clear declaration of your decision
to revoke this contract to MeisterLabs GmbH, Zugspitzstrasse 2 in 85591
Vaterstetten, Germany, in good time. You can also make this declaration via the
contact form accessible from any of our websites or by e-mail or telephone. You
will find our telephone number and e-mail address in the imprint on each of our
websites.

14.2  Consequences of revocation:
In the event of an effective revocation of a paid version, the services received
by both parties must be returned immediately, but no later than within 14 days,
and any benefits derived (e.g. interest) must be surrendered. If you are unable
to return the received services to MeisterLabs or are only able to return them
in part or in a deteriorated condition, you may have to compensate MeisterLabs
for the loss of value. You must fulfill any obligations to refund payments
within 30 days of sending your notice of revocation.

14.3  Premature expiry of the right of withdrawal:
In the case of a contract for the supply of digital contents which are not
stored on physical data media, your right of revocation shall expire once we
have commenced performance of the contract where you

 1. have expressly agreed that we may commence performance of the contract
    before the expiry of the revocation period, and
 2. you have confirmed that you are aware that with this consent you lose your
    right of revocation upon our beginning of performance under this contract

15 ONLINE DISPUTE RESOLUTION FOR CONSUMERS

For our customers who are consumers, the European Commission provides a platform
for out-of-court online dispute resolution (ODR platform), which can be accessed
at https://www.ec.europa.eu/consumers/odr. You can find our e-mail address in
our imprint. We are neither obliged nor willing to participate in the dispute
resolution procedure.


Download Terms & Conditions

Status: October 2022

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