Mindoly Terms of Service

1. Who we are and what these Terms cover

Mindoly is a gamified general-knowledge learning service available at mindoly.app and as a web app (the "Service"). The Service is operated by Tim Geithner, sole proprietor (Einzelunternehmen), Ludwig-Erhard-Str. 18, c/o IP-Management #9778, 20459 Hamburg, Germany, VAT ID DE361933549 ("we", "us", "our").

These Terms of Service (the "Terms") form a binding agreement between you and us governing your access to and use of the Service. By creating an account, joining the waitlist, or otherwise using the Service, you agree to these Terms. If you do not agree, you may not use the Service.

Two related documents apply alongside these Terms and are incorporated by reference: our Privacy Policy (how we handle your data) and our Refund Policy (how refunds and the statutory right of withdrawal work for paid plans). Where a topic is covered in more detail there, that document applies. Mindoly is currently in a pre-launch beta phase, so parts of the Service may change, be limited, or be available only to invited users.

2. The Service: free and Plus

Mindoly lets you learn through bite-sized topics organised into knowledge worlds and a skill tree, with quizzes, saved "nuggets", and game mechanics such as experience points (XP), levels, and daily streaks.

The Service follows a freemium-per-limit model. The free tier gives you access to a defined set of features, currently: 2 knowledge worlds, 1 new topic per day, saving up to 10 nuggets, and the full XP, levels, and streak system. Plus is a paid subscription that lifts these limits, currently: unlimited topics, access to all knowledge worlds, unlimited saved nuggets, and 2x XP. Plus does not lock content behind a hard paywall; it raises or removes usage limits on otherwise available features.

The specific limits, worlds, and benefits of each tier are described in the Service and on our pricing page and may evolve over time as we add, change, or remove content and features. We may introduce, modify, or retire knowledge worlds, topics, and features, and we do not guarantee that any particular piece of content will remain available indefinitely.

3. Eligibility and registration

You must be at least 16 years old to use the Service. This reflects the minimum age for valid consent to data processing under applicable law in Germany. By using the Service you confirm that you meet this age requirement and that you have the legal capacity to enter into these Terms.

To use most features you must create an account, using an email address and password or by signing in with Google or Apple. You must provide accurate information and keep it up to date. We may refuse, suspend, or remove an account if we reasonably believe the eligibility requirements are not met.

One person should hold one account. You are responsible for everything that happens under your account.

4. Your account and responsibilities

You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Do not share your account or let others use it. If you sign in through Google or Apple, the security of that third-party account is also your responsibility.

Notify us promptly at support@mindoly.app if you suspect any unauthorised use of your account or any other breach of security. We are not liable for losses arising from your failure to keep your credentials secure, to the extent permitted by law.

You can manage, export, or delete your account from within the Service. Account deletion is self-service and removes your associated data; if you have an active Plus subscription, deletion cancels it first. Details of data handling are set out in the Privacy Policy.

5. Acceptable use and prohibited conduct

You agree to use the Service only for lawful, personal, non-commercial learning, and in line with these Terms. You must not misuse the Service or interfere with its normal operation or with other users' enjoyment of it.

In particular, you must not: use bots, scripts, automation, scrapers, or any other technical means to interact with the Service or to earn, inflate, or manipulate XP, levels, streaks, leaderboard positions, or other game progress; exploit bugs, manipulate quiz scoring, replay or forge requests, or otherwise cheat against the gamification or anti-cheat systems; attempt to bypass usage limits, access controls, or the boundary between the free and Plus tiers; reverse engineer, decompile, or attempt to extract source code or content except as permitted by mandatory law; copy, redistribute, resell, or publicly republish our learning content; upload or transmit malware, or attempt to gain unauthorised access to our systems, accounts, or data; harass, abuse, impersonate, or harm other users or our staff; or use the Service in any way that violates applicable laws or the rights of others.

Because XP, levels, and streaks are central to how Mindoly works, conduct that fakes or games this progress is treated as a serious breach of these Terms and may lead to reset of affected progress, suspension, or a permanent ban.

6. Virtual items, XP, levels, and streaks

XP, levels, streaks, badges, saved nuggets, unlocked nodes, and any other in-app progress or virtual goods are part of the gameplay experience only. They have no monetary value, are not your property, and do not constitute a currency, credit, or balance of any kind.

Virtual items and progress are personal to your account. They are non-transferable, cannot be sold, traded, gifted, or exchanged, and cannot be cashed out or converted into money or anything of monetary value. On their own they are non-refundable.

We may adjust, recalculate, reset, expire, or remove virtual items and progress where reasonably necessary, for example to fix bugs or errors, to correct manipulation, to enforce these Terms, or as part of changes to game mechanics. We will not do so arbitrarily, but you have no guarantee that any specific amount of progress will persist.

7. Plus subscription, billing, and trials

Plus is offered as a recurring subscription on a monthly or yearly basis at the prices shown in the Service at the time you subscribe. Yearly plans may include a 7-day free trial; if a trial applies, the terms and timing are shown to you before you confirm.

Payments are processed by our payment provider, Stripe, routed through our connector gateway. By subscribing you also agree to Stripe's applicable terms for the payment transaction. Your card details are handled by Stripe; we store only Stripe identifiers and your subscription status, never your full card number.

Plus renews automatically at the end of each billing period (monthly or yearly) at the then-current price for that period, unless you cancel before the period ends. If a trial is active, it converts into a paid subscription at the end of the trial unless you cancel before the trial ends. You can cancel at any time from your account settings; cancellation takes effect at the end of the current billing period, and you keep Plus access until then. We do not provide pro-rated refunds for the unused part of a period except where the Refund Policy or mandatory law requires it.

Refunds, the statutory right of withdrawal for digital services, and how that right may end once a paid plan begins are governed by our separate Refund Policy. We may change subscription prices or plan benefits prospectively; we will give you reasonable notice of any price change before it applies to a renewal, and the new price only takes effect from the next renewal after the notice.

8. Availability, warranties, and "as is"

We work to keep the Service available and reliable, but we do not guarantee that it will be uninterrupted, error-free, secure, or always accessible. The Service may be unavailable for maintenance, updates, technical issues, or reasons outside our control, and features (especially during the beta phase) may change or be withdrawn.

The Service and all content are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Learning content is provided for general educational and informational purposes only and is not professional, legal, medical, financial, or other expert advice; you rely on it at your own discretion.

Nothing in this section limits any rights you have under mandatory consumer protection law, including statutory remedies for defects in paid digital services.

9. Limitation of liability

Nothing in these Terms excludes or limits our liability where it cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for intent or gross negligence, for fraud, or under mandatory product or consumer protection law.

Subject to the above, we are liable without limitation for damages caused intentionally or by gross negligence. For breaches of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract and on which you may reasonably rely) caused by slight negligence, our liability is limited to the foreseeable damage typical for this type of contract. We are not otherwise liable for slight negligence.

To the fullest extent permitted by law, we are not liable for indirect or consequential loss, loss of data, loss of progress or virtual items, lost profits, or loss arising from your failure to secure your account. Because virtual items and progress have no monetary value, no claim for compensation arises from their loss, reset, or removal.

10. Suspension, termination, and bans

You may stop using the Service and delete your account at any time through your account settings. Deleting your account ends these Terms for the future; sections that by their nature should survive (such as those on virtual items, liability, and governing law) continue to apply.

We may suspend, restrict, or terminate your access, reset affected progress, or permanently ban your account if you breach these Terms, misuse the Service, cheat against or automate the gamification, abuse other users or our staff, or where we are required to do so by law. Where the breach is not serious and is capable of being remedied, we will, where reasonably practicable, give you notice and an opportunity to fix it before taking action.

If your account is terminated or banned for cause, you may lose access to your progress, virtual items, and any remaining Plus benefits without compensation, subject to mandatory law and to any refund rights set out in the Refund Policy. We may also terminate or discontinue the Service or any part of it, in which case we will give reasonable notice where practicable.

11. Changes to these Terms

We may update these Terms to reflect changes to the Service, to our business, or to legal requirements. When we make changes, we will update the version and the "last updated" date and, where the change is material or requires it, notify you, for example by email or within the Service.

Where a change materially affects your rights or obligations, we will ask for your renewed agreement before you can continue using the Service. Each set of Terms carries a version; when the version increases in a way that needs renewed consent, you will be prompted to accept the updated Terms the next time you use the app, and continued use of the affected features requires that acceptance.

If you do not agree to updated Terms, you may stop using the Service and, if you wish, delete your account. For non-material changes, your continued use of the Service after the changes take effect constitutes acceptance.

12. Governing law, disputes, and contact

These Terms and any dispute arising from them are governed by the laws of Germany, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with habitual residence in another country, you keep the protection of any mandatory provisions of the law of that country that cannot be derogated from by agreement.

Where a place of jurisdiction may lawfully be agreed (for example, between merchants), it is the operator's general statutory place of jurisdiction in Germany; for consumers, the mandatory statutory rules on jurisdiction apply. The European Commission's online dispute resolution (ODR) platform was permanently shut down on 20 July 2025 and is no longer available. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

If any provision of these Terms is found invalid or unenforceable, the remaining provisions stay in effect. You can reach us with any questions about these Terms at support@mindoly.app, or by post at Tim Geithner, c/o IP-Management #9778, Ludwig-Erhard-Str. 18, 20459 Hamburg, Germany. These Terms should be read together with our Privacy Policy and Refund Policy.