Terms & Conditions

• 1 Scope, object and extent of the user agreement; blocking of access
• These General Terms and Conditions of Use and Business apply to the contracts concluded between you and us, ChainMind AG, Chamerstrasse 172, 6300 Zug, Switzerland, e-mail: [email protected], via the website https://chainmind.com (hereinafter: website) with you (hereinafter also: user) regarding the use of our offer, unless otherwise expressly agreed in writing between you and us. We do not recognize any deviating or conflicting terms and conditions unless we have expressly agreed to them.

(2) Through its website, ChainMind AG offers you the opportunity to find out about the services it offers and to purchase products such as subscriptions or one-off payments. ChainMind AG may block your access to its website at any time and without prior notice:

– If ChainMind AG suspects that you are using your account in violation of these Terms of Use and Terms and Conditions,

– due to justified safety or maintenance reasons.

(3) ChainMind AG may make the use of the website or individual functions or the extent to which individual functions can be used subject to certain conditions or dependent on the presentation of certain evidence (e.g. proof of identity and/or residence).

• 2 Consumers and entrepreneurs; proof of your entrepreneurial status

Our website is aimed at both consumers and entrepreneurs. If you wish to conclude a contract with us as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), we may request that you provide us with sufficient proof of your entrepreneurial status before concluding the contract, e.g. by providing your VAT ID number or other suitable evidence. The data required for the proof must be provided by you completely and truthfully.

• 2a Cancellation policy

If you conclude the contract as a consumer, you are entitled to the following statutory right of withdrawal:

REVOCATION POLICY

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

Exclusion of the right of withdrawal for digital content

The right of withdrawal does not apply to contracts for the delivery of digital content that is not delivered on a physical data carrier if we have started to perform the contract after you have

1. have expressly consented to us commencing performance of the contract before expiry of the withdrawal period, and
2. have confirmed your knowledge that you will lose your right of withdrawal by giving your consent at the beginning of the execution of the contract.

In order to exercise your right of withdrawal, you must inform us, ChainMind AG, Chamerstrasse 172, 6300 Zug, Switzerland, e-mail: [email protected], phone: +436606372837, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

-End of the revocation instruction-

• 3 Registration on our website; processing of your personal data

(1) You can visit our website as a guest or as a registered user. As a registered user, you do not have to enter your personal data each time, but you can simply log in to your user account with your e-mail address and the password you chose when you registered. For information on the processing of your data, please read our privacy policy, which you can access on our website. When you register, you choose a personal user name and password. You are obliged to keep the password secret and not to disclose it to third parties, i.e. persons outside your company or persons in your company who are not authorized to represent you.

(2) You can delete your registration at any time. If your personal details change, you are responsible for updating them yourself. All changes can be made online after registration.

(3) Each user is allowed to maintain only one account. Possession of multiple accounts by a single user is expressly forbidden.

(4) Affiliate payouts will be issued to only one account per individual or entity. In cases where our systems detect multiple accounts associated with a single user, all such accounts will be immediately and fully restricted. Additionally, the user will forfeit all affiliate commissions and benefits accrued across these accounts.

• 4 Formation of the contract, term and termination; contract language

(1) The presentation of the services on our website does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).

(2) The user can place one or more products in the shopping cart. During the ordering process, the user enters all required data and the desired payment method. If you have placed products in the shopping cart, clicking on the “Continue” buttons will first take you to a page where you can enter your data and then select the payment method. Finally, an overview page opens where you can check your details. You can correct your input errors (e.g. regarding payment method, dates or desired quantity) by clicking on “Edit” in the respective field. If you wish to cancel the order process completely, you can close your browser window. By clicking on the “Order with obligation to pay” button in the last step of the order process, you submit a binding offer to purchase or book the services displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, but this does not constitute acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order and/or booking by means of a separate e-mail or dispatch the goods. Please check the SPAM folder of your e-mail inbox regularly.

(3) The contract is concluded for the term specified in the product description. The contract is automatically extended for an indefinite period if it is not terminated in the User Dashboard before the end of the respective billing period. It is also possible to pause an existing subscription.

(4) Insofar as ChainMind AG offers a free trial period for a chargeable service and agrees this with the user, the agreed contract period for the chargeable service begins accordingly after the free trial period has expired, unless the subscription has been terminated before the trial period expires. Payment is due at the end of the trial period.  

(5) Terminations can be made in text form, e.g. by e-mail.

(6) The right of both parties to extraordinary termination remains unaffected.

(7) The language provided for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. In the event of contradictions between the German text and the translation, the German text shall take precedence.

• 5 Storage of the contract text

The contractual provisions with details of the services booked, including these General Terms and Conditions of Use and Business, will be sent to you by e-mail upon acceptance of the contract offer or upon notification of this. We do not store the contractual provisions.

• 6 Terms of payment

The purchase price is due immediately upon ordering. Payment is made via our payment service providers, namely:

Stripe (ApplePay and GooglePay) or Coinbase Commerce. Further information on payment processing can be found as part of the checkout process on our website and in our privacy policy.

Affiliate commissions will be paid according to the company’s scheduled payout times. Users are not permitted to initiate their own payouts.

The company will automatically process and pay out all due affiliate commissions on a regular basis, which may be daily, weekly, or as otherwise determined by the company’s payout schedule.

• 7 Obligations of the user in the context of using the website

(1) When using the ChainMind AG website, you are prohibited from infringing the rights of third parties, harassing third parties or otherwise violating applicable law or common decency. In particular, you undertake to refrain from the following actions:

• Disseminating statements with offensive, harassing, violent, violence-glorifying, inflammatory, sexist, obscene, pornographic, racist, morally reprehensible or otherwise objectionable or prohibited content;
• Insulting, harassing, threatening, frightening, defaming, embarrassing other customers, employees or sales partners of ChainMind AG;
  spying on, disclosing or disseminating personal or confidential information of other customers, sales partners, partner service providers or employees of ChainMind AG or otherwise disregarding the privacy of other customers, employees, partner service providers or sales partners of ChainMind AG;
• Spreading untrue allegations about the race, religion, gender, sexual orientation, origin, social status of other customers, employees or sales partners of ChainMind AG;
• Spying on, passing on or disseminating confidential information of ChainMind AG;
• Spreading untrue allegations about ChainMind AG;
• Pretending to be an employee of ChainMind AG or an affiliated company or partner of ChainMind AG;
• Using legally protected images, photos, graphics, videos, pieces of music, sounds, texts, trademarks, titles, designations, software or other content and marks without the consent of the rights holder(s) or permission by contract, law or legal regulation;
• Disseminating statements with advertising, religious or political content;
• Use of prohibited or illegal content;
• Exploitation of errors in the programming (so-called bugs);
• Taking measures that could lead to an excessive load on the servers and/or massively impair the process for other customers;
• hacking or cracking and the promotion or encouragement of hacking or cracking;
• Distributing counterfeit software and promoting or encouraging the distribution of counterfeit software;
• Uploading files that contain viruses, Trojans, worms or corrupted data;
• Using or distributing “auto” software programs, “macro” software programs, or other “cheat utility” software programs;
• Modify the service or parts of it;
• Using software that enables so-called “data mining” or otherwise intercepts or collects information in connection with the service;
• Interference with transmissions to and from the service servers and the website server;
• Intrusion into service servers, data servers or website servers.

(2) ChainMindAG points out its domiciliary rights with regard to the use of its Internet offer and expressly reserves the right to extraordinary termination of the user contract if one of the obligations regulated in (1) or other applicable law is violated during use.

(3) Users are strictly prohibited from sharing, distributing, or disclosing any data, information, or content obtained through our service, including but not limited to information shared within our website or our Telegram group. This confidentiality obligation applies to all forms of sharing, both digital and physical.

(4) In the event of unauthorized sharing, distribution, or disclosure of any information as specified in section (3), the company reserves the right to take legal action against the involved user(s). Furthermore, the offending user’s account will be subject to immediate restriction and deletion. This action is final and non-negotiable.

• 8 Other obligations of the user

(1) The user undertakes not to disclose to third parties any password assigned to him/her and/or determined by him/her during registration for his/her account and to keep it protected from access by such third parties. We are entitled to block access to our services if there is a suspicion of misuse or if access data is entered incorrectly several times. The user will be informed of this and will be given the opportunity to assign a new password once the matter has been clarified.

(2) The user shall only use the services of ChainMind AG within the framework of these General Terms and Conditions of Use and Business. The use of a registration to read out, store or pass on personal data of other users for purposes other than the intended use of the offer is prohibited.

(3) Users may not send or store any data on a data carrier which, due to its type or nature, size or number, is likely to impair the functioning of the computer systems of ChainMind AG or third parties or infringe the rights of third parties (e.g. viruses, spam e-mails, etc.).

(4) Affiliate partners are strictly prohibited from coercing or unduly influencing any individual into purchasing our products. Additionally, affiliates must not provide financial advice or suggestions to prospective buyers.

(5) The company provides information for research and educational purposes only. Affiliates must not represent the company’s materials as financial advice or investment tips.

• 9 Consequences of breaches of duty

In the event of breaches of the obligations arising from these terms and conditions of use and business by a registered user, ChainMind AG is entitled to block and deactivate the account immediately and without prior notice, to delete content or, in the case of obviously abusive registration or use, to delete it immediately, and to take other appropriate measures to protect against such breaches, in particular to temporarily refuse the provision of services in whole or in part (blocking), if there is reasonable suspicion that the user is violating laws or essential contractual obligations when using the service.

• 10 Limitation of liability

We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as a user may regularly rely. In the latter case, however, we are only liable for the foreseeable damage typical for the contract. The same applies to breaches of duty by our vicarious agents.

The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

• 11 Amendments, final provisions, online dispute resolution

(1) ChainMind AG is entitled to amend these terms and conditions of use and business in part or in full at any time, for whatever reason, provided that the user is not unreasonably disadvantaged as a result. This is always the case if the changes are without financial disadvantages for the user. ChainMind AG shall inform the user of the changes in advance within a reasonable period of time by email and/or when the user logs in. The user may object to these changes. The user’s objection shall lead to the immediate termination of the corresponding user agreement. However, the changes shall be deemed to have been approved if the user continues to use the ChainMind AG service after the notified date of entry into force of the changes. ChainMind AG shall inform the user separately and expressly in the notification of the amendment to these General Terms and Conditions of Use and Business about the right to object, the consequences of an objection and the legal consequences of remaining silent.

(2) We reserve the right to discontinue our services at any time and to change the nature and scope of the services provided.

(3) Amendments or additions to these terms and conditions of use and business must be made in writing.

(4) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the user as a consumer has his habitual residence, remain unaffected.

(5) The agreed place of jurisdiction for all disputes arising from the contractual relationship between the user and ChainMind AG is the registered office of ChainMind AG, provided that the user is a merchant, a legal entity under public law or a special fund under public law. Notwithstanding this, ChainMind AG remains entitled to sue the user at the user’s legal place of jurisdiction.

(6) Should individual provisions of these Terms and Conditions of Use and Business be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the contracting parties by mutual agreement by a legally valid provision which comes closest to the economic sense and purpose of the invalid provision. The above provision shall apply accordingly in the event of loopholes.

(7) The EU Commission has created an internet platform for the online settlement of disputes. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Status of the General Terms and Conditions of Use and Business: 02.04.2024