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Ahead Terms of Service

Valid as of Jan 1st 2022

  1. Object and Validity

    The company

    Ahead Solutions GmbH, Auguststraße 26, 10117 Berlin Authorized managing directors: Kai Koch, John Roggan E-Mail address: hi@ahead-app.com

    Recorded in the Commercial Register of District Court Berlin-Charlottenburg under Commercial Register Number: HRB 219170 B

    VAT-ID No.: D-E333984741

    (hereinafter referred to as “Ahead”) operates a platform for mobile learning on the internet portals http://www.ahead-app.com, and other websites, as well as on mobile applications (a.k.a. Apps) (hereinafter referred to as “Platform”). In this context, Ahead curates scientific knowledge in actionable and interactive

    journeys. This gives users the opportunity to actionize theoretical knowledge and to learn and perform new skills and techniques. Ahead aims to support the user

    in building long term habits around those new beneficial behaviors.

    The use of the Platform shall be subject to the following General Terms and

    Conditions (“General Terms and Conditions”) in the version valid at the time of your registration respectively order. Ahead does not acknowledge any different general terms and conditions belonging to you unless Ahead agrees to their validity in writing.

    No separate contract text is provided for the agreement pertaining to the use of the Platform. The content of the agreement between you and Ahead is based on

    these General Terms and Conditions, as well as on the specific information provided to you as part of the registration (see Section 3), when ordering a paid subscription (Section 4), that will be saved by Ahead and that is available in your user account at any time.

    You accept the validity and applicability of these General Terms and Conditions when registering, or purchasing a paid subscription, as the case may be.

  2. Aheads’s Services and Rights

    1. Ahead provides content in structured learning journeys (for e.g., Taming Temper, hereinafter referred to as ”Platform Content”), which allow you to internalize and actionize new techniques and behaviours, Moreover, Ahead may provide a personal profile to you, which you can fill with your preferred platform content and techniques as well as usage statistique. This content can be structured into different categories and lists.

    2. The extent of the platform Content and the options to use (the “License”) depend on the type of account you selected. There is a difference between a free account (see Section 3), a paid subscription (see Section 4) and a free trial (see Section 5). In terms of duration, the license is limited to the validity period of the free account / paid subscription / free trial.

    3. The Ahead’s software applications and content are licensed to you within the scope of the contractual use. We only grant you a non-exclusive (simple), time-limited right to personal use of the Ahead service and its contents

    4. All Ahead trademarks as well as our trade names, logos, domain names and other distinctive features of the Ahead trademark are the sole property of Ahead. The license does not give you any right to use the Ahead trademarks, our trade names, logos, domain names or any other distinctive features of the Ahead trademark, be it for commercial or non-commercial purposes.

    5. If you do not use a paid service, Ahead is allowed to show you promotional information on the Platform but may choose not to.

  3. Registering with Ahead

    1. In order to be able to use Ahead’s services, a registration with Ahead is required. Individuals over the age of 18 have the right to register. As a minor, you may only register with Ahead if you are at least 14 years old and your legal representatives have provided their consent. Ahead reserves the right to make the use of Ahead services contingent on proper proof of your identity, your legal age, or your legal representative’s consent.

    2. The registration itself is free of charge (free account) and does not oblige you to obtain a paid subscription. By registering, you are executing an agreement with Ahead for a limited, free use of the Platform.

    3. You can use your e-mail address as well as a password of your choice to register. Alternatively, you may register using a single sign-on service (for example, Facebook login). You can register via our website or after downloading our iOS apps.

    4. Any information required for registration must be complete and correct and always up-to-date. Ahead has the right to save and process the data you provided during registration, in accordance with the provisions on Data

      Protection.

    5. The password used must be kept confidential. Keeping it a secret is solely and fully your responsibility. The Ahead user account may only be used by you. Any unauthorized use of your user account, as well as any such suspicion to that effect should be communicated to Ahead immediately.

  4. Executing an Agreement for a Paid Subscription

    1. To be able to fully benefit from Ahead's services, additional service packages in the form of paid subscriptions (“Subscription Access”) are available to you after registering. These can be purchased for different, and variable periods of time,

      which you will see in the order options.

    2. Ahead's Subscription Accesses are ad-free, paid subscriptions that allow you to access additional content and features through our mobile and web-based applications. We currently offer the following subscription / service package:

      1. The Ahead Plus service package includes ad-free access to all of our Platform Content.

      You will have access to the respective services as long as your subscription is valid.

    3. You submit a legally binding offer for a fee-based subscription, if you enter the information requested in the online order form and then click on the “Order with obligation to pay” button. By doing so, you submit a legally binding offer for an

      agreement for a paid subscription. Before submitting your order, you may change and view the data at any time.

    4. The contract is concluded when Ahead issues a notice of acceptance (order confirmation), which will be sent to you by email within a reasonable time. If you purchased your fee-based subscription via Aheads’s web-based application

      Ahead will send the order confirmation to you by email together with the receipt confirmation immediately following your order. If you purchased your fee-based subscription via an in-app purchase (please also see subsection 5) you will receive a receipt confirmation following your order from the third party appstore and Ahead will send to you the notice of acceptance (order confirmation) by separate email. In both cases, the text of the contract (consisting of the order, the General Terms and Conditions and the order confirmation) will be sent to you by Ahead on a permanent data carrier (email) (contract confirmation). Your subscription begins on this date. The text of the agreement is saved subject to data protection. Please read our Privacy Statement for information on the collection, use and processing of your data.

    5. You can also sign up for a paid subscription through an in-app purchase through our iOS app. In order to do this, you must select the desired option on the subscription screen within the app, and a pop-up will appear where you have to enter your password for the third party appstore. As soon as you finish, a pop-up will appear in which you have to confirm the purchase of the subscription again. At this point you can still cancel the process. You should then receive a receipt confirmation from the third party appstore (not directly from Ahead).

  5. Trials/ Testing Phases

    1. Ahead occasionally offers in particular to new users free or paid Subscription Access for testing purposes for a certain period of time (“Trial”). Ahead determines, at its sole discretion, if you may participate in a Trial. In case of an important reason, Ahead may discontinue or change such Trial at any time

      without prior notice or notification.

    2. You can only participate in certain Trials if you enter your payment details when you sign up for the Trial. In such a case, we need your consent at the beginning of the Trial that your access will be converted into a paid Subscription Access (Section 4) on the day following the end of the Trial. In this situation, your subscription renews itself on a recurring basis and can be terminated up to one day before the end of the respective subscription period (Section 8.2).

    3. If, in a case of Section 5.2 , you do not wish to have the Subscription Access and the charge associated with it, you must cancel your Subscription Access given to you during the Trial before the end of the Trial (for example, by simply going to your Ahead Account Settings or the respective app store settings).

  6. Cancellation Policy

    If you are a consumer (i.e., a person completing the legal transaction for purposes that can be predominantly attributed to neither their commercial nor their independent professional activity), you are entitled to a statutory withdrawal right when concluding a distance selling agreement, about which Ahead provides information below in accordance with the statutory model. Please note that in the case of an in-app purchase, you have a right of withdrawal within the respective app store, i.e., Apple-App-Store, Google Play Store or Alexa Skills Store. A model withdrawal form can be found in Section 7.3.

    - BEGIN INSTRUCTIONS ON WITHDRAWAL -

    Right of withdrawal

    You have the right to withdraw from this contract within 14 days without

    giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

    To exercise the right of withdrawal, you must inform us Ahead Solutions GmbH

    Auguststraße 26

    10117 Berlin Germany

    E-mail: hi@ahead-app,com

    of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

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

    Effects of withdrawal

    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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such

    reimbursement.

    If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

    - END INSTRUCTIONS ON WITHDRAWAL -

  7. Reimbursement and Payment Methods, Compensation and Retention Rights

    1. The conclusion of a subscription for Subscription Access (Section 4) is subject to a fee and must be paid at the beginning of the subscription.

    2. As payment methods, Ahead offers credit card, Paypal and additional payment methods, if available, specified before beginning of the order process.

    3. If accessing by using a code, payment will be made by the payment method specified by Ahead and chosen by you prior to the purchase of the code, such as Paypal or bank transfer.

    4. When purchasing a subscription with the Ahead iOS or Android apps, payment is made by Apple's, Google's or Amazon’s in-app purchase process.

    5. As part of your Subscription Access, your payment obligation to Ahead will be automatically renewed at the end of the relevant subscription term if you do not cancel your paid subscription at least 24 hours before the end of the term (Section 9.2).

    6. You are not entitled to offset any claims against claims of Ahead, unless your counterclaims are finally determined with legal effect or undisputed. You are also entitled to offset against the claims of Ahead, if you make complaints for defects or counterclaims based on the same agreement.

    7. You may only exercise your right of retention if your counterclaim results from the same agreement.

  8. Term and Cancellation

    1. The free usage agreement starts from the time you register according to Section 3 of these Terms of Use and runs indefinitely. You may cancel the free usage agreement at any time. To this effect, you can delete your account via our web app in the "Settings" menu item.

    2. The paid subscription for the Subscription Access (see Section 4) will run for at least the term you originally selected and will automatically renew if it is not canceled at least 24 hours before the end of that period. The subscription term

      will be extended according to the subscription model used so far. You can cancel as instructed below:

      1. You can cancel paid subscriptions completed via our web app in the

        "Settings" menu item of the web app. To do this, you must log in, open the settings in the context menu and click on “Cancel subscription”.

      2. A paid subscription completed in our iOS or Android apps can be canceled in your iTunes or Google Play settings.

    3. The Subscription Access cancellation takes effect on the day following the last day of your current subscription period and you will be downgraded to the free user agreement (free account). If you wish to delete your entire account, you can do so from the settings in our web apps (see Section 8.3). All data will be deleted irrevocably.

    4. The right to blocking and cancellation for an important reason due to a good cause remains unaffected by the preceding provisions.

  9. Liability

    Ahead disqualifies any claims for damages coming from you. This does not apply to claims for damages arising from fatal injuries, physical injuries, health damage or from the breach of essential contractual obligations (cardinal obligations) as

    well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Ahead, its legal representatives or affiliates. Essential contractual obligations are those the fulfillment of which enables the proper execution of the Agreement in the first place and on the fulfillment of which you can trust.

    In the event of a breach of essential contractual obligations, Ahead shall only be liable for the typical, foreseeable damages stipulated in a contract, if they were simply caused by negligence, unless it also involves claims for damages due to fatal injuries, physical injuries or damages to health.

  10. Change of Terms and Conditions

    1. Ahead reserves the right to amend and/or supplement the General Terms and Conditions with effect in the future, provided that this is reasonable for you taking into account Ahead’s interests. If no explicit consent is obtained from you to adapt the General Terms and Conditions, you will be notified by Ahead of any amendments and/or supplements to the terms and conditions in a timely manner (at least four weeks before the amended General Terms and Conditions enter into force). To this end, Ahead will send you the new version of the General Terms and Conditions to the e-mail address specified by you in the registration. In this context, Ahead will expressly point out to you the possibility and deadline for an objection to the new version of the General Terms and Conditions, as well as the consequences, should you not object.

    2. If you do not object to the applicability of the new version of the General Terms and Conditions within four weeks after receipt of the notification referred to in paragraph (1) of this Section, the new version of the GTC shall be deemed accepted by you.

    3. If you object to the new version of the General Terms and Conditions in due time, the contractual relationship shall be continued under the previous General Terms and Conditions, but Ahead may decide to terminate the free user agreement or the paid subscription with effect from the next possible regular termination date.

  11. Out-of-Court Dispute Resolution

    For the out-of-court resolution of consumer disputes, the European Union has set up an Online Dispute Resolution (“OS Platform”) platform that can be accessed at http://ec.europa.eu/consumers/odr. The platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online agreements. According to § 36 VSBG [Verbraucherstreitbeilegungsgesetz, Consumer Dispute Resolution Act], Ahead points out that Ahead is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

  12. Final Provisions

  13. If any provision of these General Terms and Conditions is invalid, the remainder of the agreement remains valid. The statutory provisions shall take effect over the invalid regulations.

    The law of the Federal Republic of Germany shall apply, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).

    The legal provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer normally resides as a consumer, remain hereof unaffected.

    If no exclusive legal court of jurisdiction is given, all disputes arising out of or in connection with the contractual relationship shall be settled exclusively by the court at Ahead’s registered office, thus Berlin, provided that you are a merchant, a legal entity under public law or a special fund under public law or have no general court of jurisdiction in Germany or another EU member state, or have moved your (residential) address to non-EU countries subject to the validity of these General Terms and Conditions.

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hi@ahead-app.com

Ahead Solutions GmbH - HRB 219170 B

Auguststra├če 26, 10117 Berlin