General Terms and Conditions of Business and Use

for the Memofit memory training app

1 / Provider

4 Brains GmbH
Paracelsusstraße 11a
5020 Salzburg
Austria
office@4brains.at

Company registration number: FN636079k
UID No.: ATU81157524
Commercial Register Court: Salzburg Commercial Court
Head office: Salzburg
Legal form: Limited liability company

2 / Scope

(1) These General Terms and Conditions apply to all contracts between 4 Brains GmbH and users of the memory training app and the associated website.

(2) The app is aimed at users in Austria, Germany and Switzerland.

(3) Consumers within the meaning of these Terms and Conditions are:

• in Austria: Section 1 of the Consumer Protection Act (KSchG)
• in Germany: Section 13 of the German Civil Code (BGB)
• in Switzerland: natural persons acting for private purposes

3 / Description of Services

(1) The app offers digital training programmes designed to improve memory and cognitive abilities, in particular:

• Memory exercises
• Concentration and attention training
• Progress analyses
• Personalised training plans

(2) The services do not constitute medical or therapeutic treatment.

(3) No specific training results are guaranteed.

4 / Registration

(1) Registration is required to access paid content.

(2) The user is obliged to provide truthful information.

(3) Login details must be kept confidential.

5 / Conclusion of contract

(1) App subscription: The contract is concluded when the user

• selects a subscription
• checks the contract summary
• and clicks on ‘Place order (subject to payment)’.

(2) App store subscription: Where the contract is concluded via platforms, the terms and conditions of the respective operators shall apply in addition, in particular those of:

• Apple Inc. (Apple App Store)
• Google LLC (Google Play Store)

The contract is concluded upon confirmation of the purchase via the relevant store.

6 / Subscription models

(1) Monthly subscription (term: 1 month)

(2) Annual subscription (term: 12 months)

(3) Prices are displayed before the contract is concluded and include statutory VAT.

• for AT & DE: inclusive of statutory VAT
• for CH: including any applicable value added tax

7 / Term and termination

(1) The subscription is automatically renewed for the originally selected term unless it is cancelled before the end of the relevant billing period.

(2) Website subscriptions can be cancelled at any time via the user account.

• Cancellation possible at any time via the user account
• For German consumers, cancellation is also possible via the statutory cancellation button
• Effective at the end of the relevant billing period

(3) Cancellations must be made via the relevant store account. The provider has no access to store billing details.

8 / Right of withdrawal

Austria & Germany (consumers)

(1) Consumers have a statutory right of withdrawal of 14 days from the date the contract is concluded.

(2) In the case of digital content, the right of withdrawal expires early if:

• the user expressly agrees that performance of the contract will commence before the expiry of the withdrawal period, and
• they confirm that they thereby forfeit their right of withdrawal.

Switzerland

(3) A statutory right of withdrawal does not apply automatically. It applies only if it is expressly granted.

9 / Health Disclaimer

(1) The app is intended solely for general mental fitness.

(2) It is not a substitute for medical diagnosis or treatment.

(3) If you have any health concerns, you should seek medical advice.

10 / Liability

(1) For consumers (AT & DE)

• Unlimited liability in cases of wilful misconduct, gross negligence or personal injury
• In cases of slight negligence, liability applies only in the event of a breach of material contractual obligations, limited to foreseeable damage

(2) Switzerland

• Liability only to the extent permitted by law in cases of wilful misconduct and gross negligence.

11 / Availability

(1) We cannot guarantee uninterrupted availability at all times. We reserve the right to carry out maintenance work.

12 / Data Protection

(1) The processing of personal data is carried out in accordance with

• the GDPR (EU, in particular AT & DE)
• DSG

(2) Details are set out in the separate privacy policy.

13 / Amendments to the Terms and Conditions

(1) Amendments will only be made for objective reasons (e.g. changes in the law, expansion of functions). Users will be informed at least 30 days before the amendments come into force.

14 / Governing Law and Jurisdiction

(1) Austrian law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) For consumers, the statutory place of jurisdiction is their place of residence.

15 / Institutional Users (B2B)

(1) Institutional users include, in particular, companies, schools, universities, educational institutions, training centres, medical or therapeutic facilities, and other organisations that use the app for professional or commercial purposes.

(2) For institutional users, the provisions applicable to businesses under:

• Section 1 of the Austrian Commercial Code (UGB)
• § 14 BGB (Germany)
• Art. 3 OR (Switzerland)

(1) Consumer protection provisions (e.g. the right of withdrawal) do not apply to institutional users.

16 / Subject matter of the contract for institutional licences

(1) Institutional users may enter into multi-user licences or framework agreements.

(2) The scope of services is set out in:

• the individual offer
• the licence agreement
• these Terms and Conditions

(3) Depending on the agreement, the Provider shall make administrator access available for the management of user accounts.

(4) The institutional user is responsible for:

• ensuring lawful use by its end users
• the management of access rights
• compliance with data protection regulations within its organisation

17 / Remuneration and Invoicing (B2B)

(1) Unless otherwise agreed, the prices set out in the quotation shall apply.

(2) Invoices are due for payment in full within 14 days of the invoice date.

(3) In the event of late payment, the Supplier is entitled to:

• to charge statutory interest on arrears
• to claim reminder charges
• to temporarily suspend access

18 / Term and Termination (B2B)

(1) The term of the contract is set out in the individual quotation.

(2) The right to terminate the contract extraordinarily for good cause remains unaffected.

19 / Liability towards institutional users

(1) The Provider’s liability is limited – except in cases of wilful misconduct or gross negligence – to the contract value for the last 12 months.

(2) Liability for indirect damage, loss of profit or consequential damage is excluded to the extent permitted by law.

(3) The Provider accepts no liability for training decisions, educational measures or therapeutic applications carried out on the basis of the app.

20 / Data protection in the case of institutional use

(1) Where personal data is processed on behalf of a client, a separate data processing agreement (DPA) shall be concluded.

(2) The institutional user remains the data controller within the meaning of the GDPR, unless otherwise agreed.