Terms of Use for the MindBuy App

Last updated: 20 October 2026

§ 1 Who we are and what these terms cover

(1) MindBuy is provided by:

(2) These terms apply whenever you use the MindBuy mobile app (the “App”), including all paid features, whether you use it as a consumer or for business purposes (“you”).

(3) Any terms of your own do not become part of our agreement unless we expressly accept them in text form (for example by email).

(4) You download the App and buy subscriptions through the Apple App Store or Google Play. The terms of the respective store also apply to these steps. Apple and Google are not parties to these terms; they are not responsible for the App and do not provide support for it.

§ 2 What MindBuy does

(1) MindBuy helps you handle the urge to buy more consciously. You can note down planned purchases, set waiting periods, record your decisions and view statistics about them.

(2) The exact features are described in the current listing in the App Store or on Google Play and shown in the App itself.

(3) There is a free basic version of the App. Additional features are available with a paid subscription.

§ 3 MindBuy is not advice

(1) MindBuy is a self-management tool and nothing more. It is not financial, investment, legal or debt advice, and it does not replace medical, psychotherapeutic or addiction treatment.

(2) Everything the App shows you – tips, statistics, suggestions – is for guidance only. You alone decide on your purchases, spending and financial commitments.

(3) If you notice signs of compulsive buying or are in financial difficulty, please seek professional help, for example from a debt advice service, an addiction counselling service, a doctor or a therapist.

§ 4 Your account and how the agreement is formed

(1) You can use the App without a user account. Our agreement on the use of the App comes into effect when you use the App. A user account is optional; you only need it for the cloud backup and for invitations.

(2) You must be at least 18 years old to use the App. If you are 16 or 17, you may use it only with the consent of a parent or legal guardian.

(3) If you create a user account, please give accurate information and keep your login details secret. If you suspect that someone is misusing your account, let us know immediately.

(4) We are not obliged to accept every request to create a user account.

§ 5 Subscriptions, prices and payment

(1) You buy a paid subscription as an in-app purchase through your app store. For the payment itself, your contractual partner is the store operator; payment, invoicing and refunds follow the store’s terms.

(2) The current prices and billing periods (monthly or yearly) are shown in the App before you subscribe. All prices shown are the total prices you pay.

(3) Your subscription renews automatically for the same period unless you cancel it in your store account settings at least 24 hours before the current period ends.

(4) You can cancel and manage your subscription only through the subscription settings of the Apple App Store or Google Play. We have no technical way to cancel or refund a subscription ourselves.

(5) We will tell you about price changes in good time before they take effect. They apply only to future billing periods, and you can cancel your subscription before the new price applies.

§ 6 Right of withdrawal

(1) As a consumer, you generally have a statutory right to withdraw from paid contracts. Because you conclude the contract through your app store, the store’s terms govern how you exercise this right. Please send any refund requests to the store.

(2) For contracts for digital content and digital services, the right of withdrawal ends once we have started performing the contract, provided you have expressly agreed to this and confirmed that you know you will lose your right of withdrawal as a result (section 356(5) of the German Civil Code, BGB).

§ 7 Your licence to use the App

(1) For as long as our agreement lasts, we grant you a non-exclusive, non-transferable licence, without the right to sublicense, to use the App on your own devices for your own private purposes.

(2) In particular, you may not copy, modify or decompile the App (unless the law allows it), rent it out, pass it on to others, or use the App or its content commercially.

(3) All rights to the App, its content, trademarks and design remain with us or our licensors.

§ 8 Your obligations

(1) You agree not to use the App improperly or unlawfully. In particular, you must not get around security measures, access the App by automated means, or interfere with the operation of our systems.

(2) You are responsible for the data you enter. We recommend that you do not store particularly sensitive information about other people in the App.

(3) You are responsible for having what you need to use the App – a suitable device, a supported operating system version and an internet connection – and for any costs involved.

§ 9 Availability, changes and updates

(1) We do our best to keep the service available as much as possible, but we cannot guarantee that it will always be available without interruption. Maintenance, internet outages or events beyond our control (force majeure) may cause temporary restrictions.

(2) We may develop the App further and change or remove features, as long as this is reasonable for you and the core features you are entitled to remain available for the duration of a paid subscription.

(3) You may need to install updates to keep using the App as intended.

§ 10 Duration, termination and deleting your account

(1) Our agreement on the free use of the App runs for an indefinite period. Either of us can end it at any time without notice. If you have created an account, you can delete it at any time in the App’s settings.

(2) The duration of paid subscriptions is governed by § 5.

(3) The right of either party to terminate for good cause remains unaffected. For us, good cause exists in particular if you seriously or repeatedly breach these terms.

(4) When you delete your account, your stored data will be deleted as described in the privacy policy. If you want to keep any of your data, please export it first.

§ 11 Warranty and liability

(1) Your statutory rights in the event of defects apply; for paid digital products this means in particular sections 327 et seq. of the German Civil Code (BGB).

(2) We are liable without limitation for intent and gross negligence, if we fraudulently conceal a defect, and for injury to life, body or health.

(3) In cases of slight negligence, we are liable only if we breach an essential contractual obligation – an obligation that makes proper performance of the contract possible in the first place and on which you may regularly rely. Our liability is then limited to the damage that is typical for this kind of contract and foreseeable.

(4) Otherwise our liability is excluded. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

(5) We are not liable for your financial decisions (see § 3), nor for data loss that results from you not backing up your data.

§ 12 Privacy

You can find out how we process your personal data in our privacy policy at elephanttrails.de/mindbuy/en/privacy/ and in the App.

§ 13 Changes to these terms

(1) We may change these terms if this is necessary because of changes in the law or case law, technical developments or an extension of our services, and as long as the change does not put you at an unreasonable disadvantage.

(2) We will inform you of any changes at least six weeks before they take effect, in text form or in the App. If you do not object within six weeks, the changes are deemed accepted; we will point this out specifically in our notice. If you do object, either of us may end the agreement with effect from the date the changes would have taken effect.

§ 14 Dispute resolution

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

§ 15 Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of the country in which you normally live.

(2) If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction is our place of business.

(3) If any provision of these terms is invalid, the remaining provisions remain valid.

Last updated: 20 October 2026