Terms of Service

+ 1. General information

These Terms of Service apply to all offers and services provided by Mimi Health GmbH, registered at the German Commercial Registry of Local Court Charlottenburg (registration number HRB 205060 B), address at Boxhagener Str 82, 10245 Berlin, Germany, e-mail: hello@mimi.health, sales tax identification number: DE323279818 (“Mimi Health” or “we”). Such offers and services include those provided via the website https://mimi.health/ (the “Website“), via emails, chats, and the digital hearing test (including model Mimi Health Hearing Test (HTS-01) and other models provided by Mimi Health GmbH) (all offers and services together “services”).

+ 2. Conclusion of the contract

This Terms of Service Agreement (“Agreement” or “Terms of Service”) is a legally binding and valid agreement that, together with our Privacy Policy, governs the use of the service. The Agreement governs the relationship between you and Mimi Health and does not establish any third party beneficiary rights.

In order to create an account with Mimi Health and use the services of Mimi Health, you must be at least 18 years old and have unlimited legal capacity. If you are a parent or a guardian of a dependent who is younger than the legal age of majority in your location of residence, you may accept this Agreement on behalf of the minor dependent, but thereby take full responsibility for their use of the service and confirm that you are aware that the intended user of the Mimi Health Hearing Test are people of or above 18 years of age.

By using the services, you confirm that you are of the required minimum age and legal capacity and you consent to the Terms of Service.

+ 3. Scope of services

The scope and functionalities of the Service may differ based on the jurisdiction in which you are using the Service and from the technology set up that you use as well as the configuration of the select partner host applications.

Mimi Health Hearing Test (HTS-01)

Today, more than ever before, digital solutions play a decisive role in improving hearing health. Mimi Health provides state-of-the-art hearing testing technology that can be integrated by our partners under strict instructions and defined interface, which are ensured by validation and verification procedures, and accessible by the end users via partner framework applications.

Mimi Health Hearing Test (model name HTS-01) (“Mimi Health Hearing Test”) is a software designed to provide testing for hearing abilities for users on consumer electronic devices, as support for medical diagnosis for hearing health and hearing disabilities (disease or impairment), where users, who receive results indicating deterioration in hearing health or have related concerns are encouraged to refer to a medical professional for a related diagnosis. The HTS-01 is distributed as a medical device to selected partners, which then integrate the HTS-01 in their mobile applications under strict instructions and defined interface, which are ensured by validation and verification procedures.

The Mimi Health Hearing test is a CE marked Class I medical device in the European Union according to the Medical Device Directive 93/42/EEC. The Mimi Health Hearing Test intended use is to provide hearing screenings as support for medical diagnosis for hearing health and hearing disabilities (disease or impairment), where users, who receive results indicating deterioration in hearing health or have related concerns are encouraged to refer to a medical professional for a related diagnosis. Further, due to simplified access to the HTS-01 when compared to traditional audiometry, HTS-01 also assists in prevention of hearing loss related diseases. HTS-01 does not supersede or replace a decisive diagnosis by a physician, does not allow direct diagnosis and is not intended to be used for monitoring, treatment or alleviation of any disease or disability.

PLEASE DO NOT USE Mimi Health Hearing Test AS A REPLACEMENT FOR A MEDICAL PROFESSIONAL’S DIAGNOSIS, FOR DIRECT DIAGNOSIS, CONSULTATION, MONITORING, TREATMENT OR ALLEVIATION OF ANY DISEASE OR DISABILITY. IN CASE OF ANY QUESTIONS OR CONCERNS WITH REGARDS TO YOUR HEALTH, PLEASE CONSULT A MEDICAL PROFESSIONAL.

The Mimi Health Hearing Test is a medical device by its own functionality, with an independent intended purpose from the host mobile application.

Intended users of the Mimi Health Hearing Test are lay people 18 years and older, who desire to perform a mobile hearing test in order to screen their hearing ability and are sufficiently experienced and able to use a smartphone or tablet in order to use the Mimi Health Hearing Test inside a mobile application of our partner. Intended users are comfortable interacting with touch screen applications, without professional training in technology or healthcare industries.

Intended medical conditions of the Mimi Health Hearing Test include mild or moderate hearing loss. However, populations that do not have any hearing loss or deterioration in their hearing health can also use the Mimi Health Hearing Test. People with strong or severe hearing loss do not fall under the targeted population of the Mimi Health Hearing Test because of the sound pressure level limitations on most consumer electronic devices.

Mimi Health Hearing Test is designed to be distributed as an independent medical device software to business partners, which follow integration instructions and limited defined interface for including Mimi Health Hearing Test in their mobile applications, in order to ensure proper placement of the Mimi Health Hearing Test within the host application. Mimi Health Hearing Test can be accessed by end users on their properly functioning consumer mobile device with headphones.

Mimi Health Hearing Test includes two hearing testing paradigms that are currently available:

(i) Pure Tone Threshold Test (“PTT”) test has been developed for calibrated devices and headphones and tests the lowest intensity sound that a person can detect in a silent environment. Pure tone threshold tests represent the industry standard for assessing hearing ability, with an audiogram as the output.

(ii) Masked Threshold Test (“MT”) measures the quietest level of a pure tone that a user can perceive in the presence of a masker (i.e. noise) at a specific frequency. This correlates with the ability to make sense of complex soundscapes. The tested ability is called tuning, with broad tuning being an indicator of hearing impairment. The results are provided as a hearing grade.

Depending on the configuration of the select partner host applications, intended users can access different testing paradigms - the MT paradigm and / or the PTT paradigm.

Mimi Health Hearing Test can be used by users with mobile devices operating on iOS or Android operating systems, if the users have the required calibrated headphone/device setup as indicated on the Mimi Health Hearing Test User Manual (https://mimi.health/hts-01/user-manual).

The Website

Informational material provided on the Website shall not be considered as medical advice or diagnosis. In order to receive specific information of our live products, please refer to the Terms of Service or User Manual indicated in the product or its disclaimers.

IN CASE OF ANY QUESTIONS OR CONCERNS WITH REGARDS TO YOUR HEALTH, PLEASE CONSULT A MEDICAL PROFESSIONAL.

The Website may include links to third party websites or services. We do not provide any warranties or make representations to you with respect to such third party services or information. You acknowledge we have no control over third party services and we shall not be responsible or liable to you or anyone else for such third party services.

+ 4. Registration

The services can be used in the following ways:

(i) use of our website by accessing it, or

(ii) use of our Mimi Health Hearing Test without creating an account, anonymously, or

(iii) use of our Mimi Health Hearing Test by creating an account.

Registration, data deletion, storing, processing and other privacy matters are governed by our Privacy Policy Notice - General (https://mimi.health/privacy), and Privacy Policy Notice - Mimi Health Hearing Test (HTS-01)(https://mimi.health/hts-01/privacy).

+ 5. User fees

Currently, the use of services of Mimi Health is free of charge.

Mimi Health retains the right to impose a fee for the services at its choosing. In such cases, the user will be informed prior to using the services about the changes on user fees and will be requested to pay the fee in order to continue using the services.

+ 6. Accessing the Terms of Service

You are able to retrieve the wording of the Terms of Service when using the Mimi Health Hearing Test, accessing it on the host application, then proceeding to onboarding and profile screens and pressing the active link on the word “Disclaimer”, which has a “Read More” section, which links to the Terms of Service.

The Terms of Service can also be accessed on the Website.

Mimi Health is also happy to provide a copy of our current Terms of Service upon request via e-mail - should you wish to receive it, please contact us at hello@mimi.health.

+ 7. Binding language

The legally binding wording of the Terms of Service is English. We also consider English to be the legally binding language of any other legal information that may accompany our offers, services or products.

Our products, the Website and other information are also provided in English and we consider it a binding language. We may provide non-binding translations of the Terms of Service and our products, offers or services into other languages as we see fit.

We retain a right to choose a different binding language for a specific service, product, offer or other information and in that case we will indicate the binding language on such service information, product, offer or other materials.

+ 8. Availability of services

Services provided online usually are available 24 hours a day. Exceptions are: back-up processes, system maintenance, system or database repair work. Mimi Health tries to keep these disruptions on a low level, but does not ensure or guarantee an unbreakable service.

Mimi Health works continuously to ensure its services are performed properly, however it accepts no reliability or liability for the uninterrupted availability of internet, host mobile application, telephone, and e-mail services, or all other program services or their individual functions, in particular not for delays, interruptions and downtimes due to technical reasons. The customer shall not be entitled to any claims for such reasons.

+ 9. Rights and conditions of use

Your rights of use of the services are described in these Terms of Service. For specific user information about our Mimi Health Hearing Test, please consult the User Manual (https://mimi.health/hts-01/user-manual).

All content, information, pictures, videos, databases are protected by copyright and are ordinarily owned or licenced by Mimi Health. All contents of the Mimi Health Hearing Test must be used for private purposes only. The user must not use or duplicate any content for commercial purposes. Forwarding content is not allowed without the explicit prior written consent of Mimi Health.

By using the services, the user confirms that he / she is of sufficient age, has read and accepted the Terms of Service and, in case the services include the Mimi Health Hearing Test, also the User Manual (https://mimi.health/hts-01/user-manual).

+ 10. Obligations of the user

(i) Confidentiality

The users have a duty to keep their registration and test result information confidential and to protect such details from a third party access. If the users misplace or lose confidential information or if they suspect that it has been misused or lost, the user shall promptly inform Mimi Health.

(ii) No commercial use

Mimi Health end user services are created for the personal use of consumers. The contents of services offered by Mimi Health and the information on the Website are only for the personal use and shall not be used for commercial purposes or duplicated. Forwarding such content is not allowed without the explicit prior written consent of Mimi Health.

(iii) Duty to provide accurate information

Wherever in provision of the services the users are asked and consents to provide any information, the users are obliged to provide correct, complete and truthful information.

(iv) Diligent and careful use of the services

For important product information and optimal performance of the product, customers need to consult the User Manual (https://mimi.health/hts-01/user-manual) before the use of the Mimi Health Hearing Test.

+ 11. Restricted or prohibited uses of the services

Mimi Health has the right to terminate any accounts of, and block access to the services of the users, who infringe any applicable laws in using the services or who breach these Terms of Services. Such termination shall be at the sole discretion of Mimi Health and having an immediate effect.

The users are prohibited from using, encouraging or assisting in use of the services in any illegal, unlawful or fraudulent activities.

The Mimi Health Hearing Test shall only be used under its intended purpose by its intended users, as defined in these Terms of Service and other supporting documentation.

In case you infringe the Terms of Service in any way, you agree to indemnify, defend and hold Mimi Health harmless, and also its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees harmless, from and against any judgments, losses, deficiencies, damages, liabilities and other expenses (including, but limited to, legal defense and legal representation fees), which occurred due to or arose in relation to your infringement of these Terms of Service.

+ 12. Limitation of liability

If Mimi Health provides instructions or user manuals for use of its certain services, such rules and manuals shall be complied with to ensure the proper use of the service, its performance and safety of the users.

MIMI HEALTH DOES NOT ASSUME LIABILITY FOR MISUSE OR IMPROPER USE OF ANY OF THE SERVICES PROVIDED BY MIMI HEALTH. IN PARTICULAR, WE ARE NOT RESPONSIBLE IF USERS USE ANY OF OUR SERVICES FOR PURPOSES, WHICH GO BEYOND THE DEFINED INTENDED USE OF OUR SERVICES, INCLUDING THE MIMI HEALTH HEARING TEST.

MIMI HEALTH EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR YOUR USE OF THE SERVICES FOR ANY OTHER PURPOSE THAT IS AGAINST THE INTENDED USE OF THE SERVICE.

Liability of Mimi Health for damages by or in connection with the execution of contractual obligations shall be excluded. The limitation of liability shall not apply to damages arising out of death, injury to body or health; damages due to a neglect of duty by Mimi Health concerning essential contractual rights and obligations, which are absolutely necessary for a proper execution of the contract, and which might endanger the fulfilment of the contractual purpose (material contractual obligations). In that case, however, liability shall be limited to typical and foreseeable damages; damages caused deliberately or due to gross negligence by Mimi; liability according to the Product Liability Act; liability in the case of the acceptance of a guarantee.

An exemption from liability as well as limitations of liability of Mimi Health shall also apply to the legal representatives and assistants of Mimi Health. Mimi Health shall not be deemed liable for damages due to labour disputes and/or force majeure.

+ 13. Adjustments to the Agreement

Mimi Health has the right to change this Agreement with future effect at any time.

An intended modification of the Agreement will be sent to the users who have registered via e-mail to the last e-mail address that the user provided to Mimi Health. The respective change will take effect if the respective user does not object to the new terms within 2 weeks after sending the e-mail, or a different time period, if such is indicated in the notice.

Alternatively the intended modification may also be announced in form of an in-software message. Mimi Health will inform on these consequences in the respective message.

In case you will continue to use the services without informing us about your objection to changes to the Agreement after the set period of notice time, this will constitute an acceptance by you of the changes.

If you do not accept the changes to the Agreement, you hereby acknowledge that you shall terminate your use of the services.

+ 14. Final Provisions

In case individual provisions in these terms and conditions including this provision are or become invalid, or in case of gaps arising in these terms and conditions, the validity of all other provisions will not be deemed affected thereby. Instead of the ineffective provision or for replenishment of gaps an adequate provision will apply.

This Agreement, along with all documents expressly incorporated in it by reference, is the entire agreement between you and Mimi Health with respect to the services and they replace any prior arrangement relating to the services.

This contract and its interpretation are subject to the jurisdiction of the Federal Republic of Germany, to the exclusion of the Convention of the United Nations on Contracts for the International Sale of Goods. Any statutory provisions on the limitation of the choice of law as well as the applicability of mandatory laws especially by the state, in which the user as consumer has his usual place of residence, shall not be deemed affected.

The platform for online dispute resolution as provided by the European Commission is available at http://ec.europa.eu/consumers/odr/. We are not obliged to participate in dispute resolution proceedings in front of a consumer arbitration board and are principally not willing to take part in such proceedings.

Place of jurisdiction for each and any legal dispute arising from or being in connection with this contract shall be the registered office of Mimi Health, if the user is a merchant. Otherwise, the applicable statutory provisions shall determine the applicable jurisdiction.