Ahead Terms and conditions of Service / Subscription Terms

Valid as of Jan 1st 2024

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”) as well as (“Subscription Terms ”) - in the version valid at the time of your registration respectively. 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, when ordering a paid subscription, 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., Anger, 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 and a free trial. 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. Weekly, Monthly, Quarterly, Yearly subscription and from time to time - Introductory or discounted offers

      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 you will receive a receipt confirmation following your order from the third party Appstore. 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 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.

   3. If, in a case 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

   Ahead is free to download. However, certain features of the Services may be offered for a fee either by (1) paying a subscription fee in advance on a recurring interval disclosed to you prior to your purchase; or (2) one-time payment giving you access to the specific Content outside Ahead(together or separately the “Purchase”). You make the Purchase directly from Headway or through the AppStore.

   To the maximum extent permitted by applicable laws, we may change Purchase fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through A and/or by sending you an e-mail notification, or in other prominent way. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect or/and abstain from pre-paying for access to the Services.

   You authorize us and the AppStores to charge the applicable fees to the payment card that you submit.

   By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription, you authorize us and the AppStores to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Services. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a canceled subscription.

   We may offer a trial subscription for the Services. Trial provides you access to the Services or a part of the Services for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Services will automatically continue and you will be billed the applicable fees for the Services. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Services during the free trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials.

   The Services and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Services (and may do so without notice).

   Subscriptions purchased via the AppStore are subject to such AppStore's refund policies. This means we cannot grant refunds. You will have to contact the AppStore support.

   You agree that the Purchase is final, that Ahead will not refund any transaction once it has been made and that the Purchase cannot be canceled. When you make the Purchase, you acknowledge and agree that all Purchases are non-refundable or exchangeable. Notwithstanding anything to the contrary in the foregoing, Headway will provide refunds and/or Purchase cancellations in cases and to the extent required by mandatory provisions of the applicable law. Ahead may also provide refunds at its own discretion and subject to our policies that may be published from time to time.

   Note for the EU residents: If you are an EU user, you have the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU. Therefore, you will not be eligible for a refund, unless of course the digital content is defective.

7. 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 App Ahead app in the "Settings" menu item.

   2. The paid subscription for the Subscription Access 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:

      • You can cancel paid subscriptions and trials completed via our www.ahead-app.com website by logging into the Stripe account with the access data provided to you via e-mail.

      • 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.

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

8. 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.

9. 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.

10. 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.

11. Final Provisions

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.