General Terms and Conditions

(June 2019)

Introductory Provisions:

These General Terms and Conditions for customers (“Terms and Conditions”) apply to the services which are offered by Co-Brainers to their customers via the myAssistant app (hereinafter: App). The Terms and Conditions apply to customer that use the app for their personal digital assistant service (hereinafter: Service). The Terms and Conditions shall apply in addition to any other terms and conditions additionally agreed between the parties. Any individual agreements entered into by the parties shall prevail over the Terms and Conditions and any other terms and conditions.

In order to register for and use the service, the customer is required to accept during the registration process these Terms and Conditions concluded between Co-Brainers as the provider and the customer as user of the service.

  1. myAssistant Services

    1. myAssistant offers the digital, artificial intelligence-based voice assistant service to the customer. The myAssistant service is implemented and configured via the myAssistant app and provided upon request by the customer.

    2. Prior to using the myAssistant services, the customer must register via app. Registration requires the passenger’s correct and full first and last name, email address (“user name”), postal address, billing address, payment details, phone number and login password. All personal data provided by the customer to Co-Brainers will be processed in accordance with the privacy policy outlined via the homepage www.co-brainers.com/datenschutz

    3. A successful registration, including acceptance of the Terms and Conditions is required to be able to use the myAssistant service. During the registration process, the passenger will be able to identify and correct input errors before completion of the registration.

    4. The initial setup of the service can only be handled by the customer. By dialing GSM codes, the digital assistance service is implemented into the voice/ telephony channel.

    5. The call/ forwarding number itself is no subject of this contract entered into with Co-Brainers. Co-Brainers remain the owner of any and all rights and obligations to the call number granted for the use by the customer.

  2. Location data and data privacy

    1. The customer acknowledges that it will be necessary to collect and process personal data to provide digital assistance services.

    2. The collection and processing of data is described in the privacy policy for customers, accessible via the homepage www.co-brainers.com/datenschutz

  3. Modifications and Suspension; Availability

    1. Co-Brainers reserves the right to modify the service and app at any time in a form reasonably acceptable for the customer for the purposes of advancement and quality improvement. Furthermore, Co-Brainers reserves the right to discontinue or suspend the services at any time permanently or temporarily, even without informing the customers individually. Information on any permanent or temporary suspension shall be provided only via the homepage www.co-brainers.com

    2. The passenger shall have no right to claim the continuous and uninterrupted availability of the app and service.

  4. Free Trials

    1. Your myAssistant service may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up and is intended to allow new customers and certain former customers to try the service.

    2. Free trial eligibility is determined by Co-Brainers at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as method of payment or an account email address used with an existing subscription to determine eligibility. For combinations with other offers, restriction may apply.

    3. We will charge you Payment Method for your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period.  

  5. Subscription

    1. Your subscription will start after a potential trial and will continue month-to-month until terminated. To use the Service, you must provide us with one or more payment methods. Payment method means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your subscription before your monthly billing date, you authorize Co-Brainers to charge your next month’s subscription fee to your payment method.

  6. Charges

    1. The service will be charged on a pay-as-you-go basis. On a monthly basis, Co-Brainers will charge the provided payment method according to the subscription plan. Service charges and metrics will be identified in the App. Customer will be billed charges each month by billing the provided payment method.

    2. Co-Brainers does no charge the customer any fees for the download of the app. With registration and activation of the service, Co-Brainers will charge according to the provided rate.

    3. To use the Service, you must provide one or more payment methods. You can update your payment methods by going to your “Account” page. We may also update your payment methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable payment method. You authorize us to charge any payment method associated to your account in case your primary payment method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid payment method.

    4. Changes to the Price and Service Plans. We may change our Subscription plans and the price of our Service from time to time.

    5. The Charges of the Service Plans include local tax charges. Local tax charges may vary depending on the Payment Method used. Check with your payment method service provider for details.

  7. Term and Termination

    1. A subscription has a term of one month and renews automatically month-to-month.

    2. You can terminate your Subscription at any time, and you will continue to have access to the Service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial-month membership periods. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your Subscription, your service will automatically close at the end of your current billing period.

  8. Warranties

    1. Except as expressly set out in the terms, neither Co-Brainers nor its supplier or distributor make any specific promise about the Service. For example, we don’t make any commitments about the content accessed through the Service, the quality of the Service, or their reliability, availability, or ability to meet your needs. We provide the Service “AS IS”.

  9. Indemnification

    1. To the fullest extent permitted under law, Co-Brainers will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to the services, even if Co-Brainers has been advised of the possibility of such damages You shall defend, indemnify, and hold harmless Co-Brainers, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Service, violation of these Terms, or infringement by you, or any third party using your App and account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to any act or omission of Co-Brainers). Co-Brainers reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Co-Brainers in asserting any available defenses. 

  10. Liability

    1. To the fullest extent permitted under law, Co-Brainers will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to the services, even if Co-Brainers has been advised of the possibility of such damages. Nothing in these terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these terms. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Co-Brainers liability will be limited to the fullest extent permitted by applicable law.

  11. Intellectual Property

    1. Co-Brainers reserves any copyright and other intellectual property rights in the software used for the App. Subject to the conditions of the Terms and Conditions, Co-Brainers grants the customer a limited right to install the App on the mobile end-device and to use the Service for the sole purpose of using the digital assistance service as permitted by the Terms and Conditions. In particular, the customer is not permitted to translate, adapt, arrange, re-arrange or otherwise modify, to make copies of, to distribute, to rent out, to borrow, to lend, to sublicense, to publicly display, to make available to the public or to publicly perform the App, or copies thereof. Furthermore, the customer shall not decompile or disassemble the App unless permitted by applicable law.

    2. Co-Brainers reserve any copyright and other intellectual property rights with regard to the content of the Co-Brainers website and App, in particular texts, illustrations, graphics, layouts, pictures, audio and video as well as their selection and arrangement, and any other information on the Co-Brainers website and App. Website contents may not be translated, adapted, arranged, re-arranged or otherwise modified, copied, distributed, rented, borrowed, lent, sublicensed, publicly displayed, made available to the public, or to publicly perform or used in any other way without Co-Brainers prior written consent. Any rights to marks used on the Co-Brainers website and App (trademarks, trade names and titles) are reserved by their respective owners.

  12. General Obligation of the customer

    1. To the extent the customer uses web-enabled mobile end-devices, such as smartphones (hereinafter referred to as "mobile end-devices") to use the myAssistant app, Co-Brainers provides to the customer free of charge the myAssistant app subject to the requirements and conditions set out in these Terms and Conditions which the customer may install on the mobile end-device.

    2. The customer is at his expense solely responsible for the mobile connection, internet access necessary to access and configure the myAssistant service, the technical requirements (including necessary updates), and the configuration and capability of the device (including mobile end-devices) for using the myAssistant services and the myAssistant app.

  13. Responsibility for Contents

    1. Co-Brainers is not responsible for the correctness or completeness of the data being transmitted by the service or for information reaching the customer in a timely manner. It cannot be totally excluded that in the individual case information transmitted and processed is either incomplete, unclear or incorrect with respect to its content. No guarantee for content accuracy and completeness of any of the transmitted information is given.

  14. Final Provisions

    1. In the event, a provision of these Terms and Conditions is invalid, unenforced or the Terms and Condition contain a gap, this does not impact the validity of the remaining provisions of the Terms and Conditions.

    2. The contractual relationship between the customer and Co-Brainers, including the construction of the Terms and Condition, shall be governed by German law and you can bring a legal proceeding in respect of the services in the German court. Mandatory customer protection law remains unaffected. The customer agrees to the application of German Law, without regard to conflict of law principles.

    3. Co-Brainers may amend these Terms and Conditions to the extent such changes are reasonable for the customer. Such changes will never include payment obligations or similar burdening obligations of for the customer. Co-Brainers will publish any amendments on the Co-Brainers website, App and inform the customer about these changes via e-mail, giving reasonable notice and time for customers to terminate the agreement with respect changes that are not reasonable insignificant to the customer.

    4. Co-Brainers is neither obliged nor voluntarily committed to using Alternative Dispute Resolution entities to resolve disputes with customers.​