Our General Terms and Conditions

1 Scope and subject of contract

1.1  These Contract Terms apply to the provision, acquisition and use of the software offered by MeisterLabs GmbH, Zugspitzstrasse 2, 85591 Vaterstetten, Germany (“MeisterLabs”), on the websites ‘www.mindmeister.com’, ‘www.meistertask.com’ and ‘www.meisternote.com’ (together “Websites”) and its mobile applications (“Contract Terms”).

1.2  The software is operated by MeisterLabs as a web-based SaaS, respectively as a cloud solution. This allows you to use the software stored and operating on the servers of MeisterLabs or a service provider commissioned by MeisterLabs via an internet connection and browser access for your own purposes during the term of this contract and to store and process your data with the help of the software.

1.3  These Contract Terms apply both to entrepreneurs pursuant to § 14 BGB (German Civil Code) and to consumers pursuant to § 13 BGB. A consumer is every natural person who enters into a legal transaction for purposes that are predominantly attributed neither to his or her commercial nor to his or her independent professional activity. The following supplementary conditions apply to consumers Additional Terms and Conditions for Consumers. The MeisterLabs offer is not directly aimed at minors who have not yet reached the age of eighteen. In this respect, we assume that minors will only use our software with the consent and under the guidance of their legal guardian.

1.4  These Contract Terms apply exclusively. Your Contract Terms shall not apply. Counter confirmation from you with reference to your own Contract Terms are expressly rejected.

1.5  You agree to the validity of these Contract Terms with the submission of your order and your registration as a user on one of the websites by clicking on a corresponding button.

1.6  These Contract Terms also apply to future contractual relationships.

1.7  You can access and print out as well as download and save these Contract Terms at any time, even after conclusion of the contract, on one of our websites under the link “GTC”.

2 Registration, Assurances on Registration, Conclusion of Contract

2.1  In order to use our services, you must first register on one of the websites. You may only register once and only create one user profile. You may not use pseudonyms or artistic names. Registration is free of charge.

2.2  By completing your registration, you are making an offer to enter into a contract of use and you warrant that all data provided by you during registration is true and complete. You are obliged to notify us immediately of any changes in your registration data. The contract of use concluded by this registration includes the use of the “Free Version” of the software within the meaning of clause 3.1.

2.3  MeisterLabs accepts this offer by activating the user account for the services. Through this acceptance, the contract between you and us comes into effect.

2.4  Insofar as you do not use the software yourself as a natural person, only such persons may be authorised to use the software who stand in relation to you with contracts of service, employment or apprenticeship at the time the contract is concluded. Direct or indirect use by other persons is not permitted. You warrant that you have obliged each user to comply with these contractual terms and conditions and in this respect indemnify MeisterLabs against all claims in accordance with the provision in section 6.9.

2.5  If you register your user account using an email address which is owned or controlled by a legal entity (“Legal Entity”), e.g. your employer, you represent and warrant that you have the authority to register on behalf of that Legal Entity. You further acknowledge that in this case your user account and all associated account data (e.g. mindmaps, projects, tasks, notes, any other uploaded content) belong to the Legal Entity, and not you personally. As such, MeisterLabs may allow the Legal Entity to control or fully take over your user account. This means that the Legal Entity is in particular able to (i) access, disclose, transfer, restrict or remove information and data from your user account, and (ii) restrict or deactivate your access to your user account. The foregoing also applies if you join a team or a shared project owned by a Legal Entity, e.g. when using your private email address to create an account and joining your employer's team or shared project.

2.6  You are obliged to keep the password chosen by you during registration as well as the other access data secret and to ensure that any persons authorised by you to whom access data is made available also do so. MeisterLabs will not ask you for your password at any time except when using the software. MeisterLabs is entitled to block access to the software temporarily or permanently in case of objective evidence of unauthorized access (e.g. by an external third party or an unregistered user with the log in data of another registered user). MeisterLabs will inform you about the blocking in a timely manner, stating the reasons on which the blocking is based on.

2.7 By presenting and advertising products and services on our websites, we do not make any binding offer to sell specific products or services. If you wish to purchase paid versions of the software (i.e. “paid versions” within the meaning of section 3.1), you can start the initially non-binding ordering process by clicking on the “Buy now” button. As far as provided for the respective paid version, you can specify in the next step for how many users a right to the respective paid version is to be acquired. Before completing the ordering process, you can correct your order at any time by using the correction aids provided and explained for this purpose in the ordering process. By clicking the button “[Complete order / Order with obligation to pay]“ you place a binding order for the previously selected software version. Confirmation of receipt of your order will be sent by email immediately after you have sent the order.

MeisterLabs may offer multiple payment methods. Your offer shall be deemed accepted and the contract with us comes into effect at the time of successful payment. This point in time may vary depending on the payment method chosen. MeisterLabs is not obligated to offer or maintain any specific payment method. 

3 Usage Variants, Prices, Price Changes and Terms of Payment

3.1  MeisterLabs offers registered users two versions of use on its websites:

a)  a free of charge version, which is functional but limited (“free version”) and

b)  several paid versions with additional functions (“paid version”).

3.2  Pricing may vary depending on the paid version acquired and the roles selected for individual users. Different paid versions or roles may have different prices. Prices are subject to change and MeisterLabs reserves the right to adjust prices for any subsequent subscription period by giving at least 14 days notice before such price adjustment comes into effect. The currently applicable prices and available role descriptions, as well as other Details on fees for the individual paid versions can be found on the web pages in the “Prices” section. The prices stated there are binding and are exclusive of the applicable statutory tax. Each fee is due for payment upon conclusion of the contract for the entire term. The fee will be adjusted accordingly for each use of the software exceeding the contractually agreed scope (“Overuse”) in accordance with the then current prices in the Prices section (or the individually agreed prices determined in a written sales order, if any) automatically and without the need for a separate information by MeisterLabs. The corresponding remuneration shall accrue from the time the Overuse occurs. If the time of the Overuse cannot exactly be determined retroactively, MeisterLabs shall be entitled to determine the point in time at its reasonable discretion and taking into account all circumstances of the individual case. The Customer is at liberty to provide evidence of a later start of the Overuse.

3.3  You can pay by means of the debit procedures offered on the websites, in particular the accepted credit cards, or by means of the online payment procedures offered. If a charge cannot be collected, you shall bear all costs arising therefrom, in particular bank charges in connection with the return of direct debits and comparable charges, to the extent that you are responsible for the event which led to fees being incurred.

3.4  MeisterLabs may send you the invoice for the fees paid by email or make it available in your account.

3.5  MeisterLabs may suspend, downgrade or terminate your account if fees are past due. Unpaid due Fees are subject to a finance charge of five percent (5%) above the base interest rate if you are a consumer and nine percent (9%) above the base interest rate if you are an entrepreneur, or the maximum permitted by law, whichever is lower. In addition, MeisterLabs will be entitled to recover its expenses for collection of due and unpaid fees, including court and reasonable attorneys’ fees. Suspension, downgrading or termination of your account does not lead to the release of any payment obligations.

3.6  Discounts or other price reductions apply exclusively to the specifically agreed products or services and the minimum contract term. They only apply to renewal periods, additional products or services, or the purchase of additional licenses if expressly agreed. MeisterLabs has no obligation to continue any price reductions.

4 Type and Scope of the Service

4.1 MeisterLabs provides you with the software in its respective current version for use at the router point of the data centre in which the server with the software is located (“delivery point”). The software, the computing power required for the operation of the software in the data centre and the storage and data processing space required for this are provided by MeisterLabs. However, MeisterLabs is not obliged to ensure the establishment and maintenance of the data connection between your systems and the described delivery point.

4.2  MeisterLabs grants you the non-exclusive, non-transferable right of use, limited to the duration of the contract, to use the software for your own purposes, to store and process your data with the aid of the software, to load the user interface of the software for display on the screen into the main memory of the end devices used for this purpose in accordance with the agreement and to make the resulting copies of the user interface.

4.3  The contractually agreed service may not be made available to third parties unless this has been expressly agreed by the parties.

4.4 The Software may offer integrations with third-party services or applications. MeisterLabs is under no obligation to offer or continue to offer any specific third-party integrations, and may modify, suspend, or terminate any such integration at its sole discretion without prior notice. The Customer acknowledges and agrees that any use of such third-party integrations is solely between the Customer and the respective third-party provider and is undertaken at the Customer's own risk and responsibility. MeisterLabs assumes no responsibility and shall not be liable for any aspect of such third-party integrations, including but not limited to their availability, functionality, security, data handling practices, or any consequences arising from their use or inability to use them. It is the Customer's sole responsibility to evaluate and ensure the suitability of any third-party integration for their purposes and to comply with the terms and conditions of the respective third-party provider.

5 Availability and Changes of the software

5.1  MeisterLabs will enable the use of the software within the framework of the proven state of the art and will endeavour to ensure the greatest possible availability. MeisterLabs reserves the right to temporarily restrict access to or use of the Software in whole or in part if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures and this serves the proper or improved provision of the services (e.g. during maintenance work, updates, upgrades). MeisterLabs will provide you with updates during the term of the Agreement that are necessary to maintain the Software in compliance with the Agreement and will provide you with reasonable notice of such updates. Beyond that, MeisterLabs is not obliged to provide updates or upgrades for the Software or to adapt the Software in any other way to any changes in hardware and/or software (in particular operating systems or web browsers).

5.2  MeisterLabs draws your attention to the fact that restrictions or impairments of the services provided may arise that are beyond the control of MeisterLabs. This includes, in particular, actions by third parties not acting on behalf of MeisterLabs, technical conditions of the Internet that MeisterLabs cannot influence and force majeure. The hardware, software and technical infrastructure used by you may also have an influence on the services. Insofar as such circumstances have an influence on the availability or functionality of the service provided by MeisterLabs, this shall have no effect on the contractual conformity of the services provided.

5.3  You are obliged to notify MeisterLabs immediately and as precisely as possible of any functional outages, disruptions or impairments of the software. If you fail to do so, § 536c BGB (German Civil Code) shall apply accordingly.

5.4  MeisterLabs is entitled to further develop, modify or adapt the Software, including discontinuing features and functionalities or parts of it, provided that such further development, modification or adaptation (i) is necessary for MeisterLabs to comply with legal requirements, or (ii) is conducted in accordance with prevailing industry standards and does not substantially impair the core functionality of the Software as reasonably expected by the Customer. In determining what constitutes substantial impairment, due consideration shall be given to the Software's overall purpose and the Customer's reasonable expectations based on the Software's current and documented features. This entitlement explicitly includes the right to add or improve features and functionalities without restriction, provided such changes do not contradict the aforementioned limitations. 

5.5. MeisterLabs may, at its discretion, offer beta features or functionalities within the Software. You acknowledges and agrees that (i) the use of any beta feature or functionality is at your sole risk and responsibility; (ii) MeisterLabs provides no warranty or guarantee of any kind regarding the functionality, reliability, or availability of beta features or functionalities; (iii) MeisterLabs is under no obligation to continue, maintain, or support any beta feature or functionality; (iv) MeisterLabs reserves the right to modify, discontinue, or integrate any beta feature or functionality into the standard Software offering at any time, without prior notice; (v) MeisterLabs may, at its sole discretion, introduce charges for beta features or functionalities that were previously offered free of charge, or adjust the pricing of existing features upon their transition from beta status; and (vi) you waive any claims or liabilities arising from the use, modification, or discontinuation of beta features or functionalities.

6 Obligations of you as a user; granting of rights by you

6.1  In order to use the software, the system requirements resulting from the product description must be met by you; you are responsible for this yourself. The product description can be accessed at any time at MeisterTask, MindMeister. The use of the software requires a sufficient Internet connection, which you must provide yourself. Offline use of the software is not possible.

6.2  The proper and regular backup of your data is exclusively your responsibility. This also applies to documents (e.g. invoices) provided by MeisterLabs in the course of contract execution.

6.3  Insofar as you entrust MeisterLabs with protected content (e.g. graphics, brands and other copyright and/or trademark protected contents within the scope of the use of the Software), you grant MeisterLabs all rights necessary for the performance of the contract. This includes, in particular, the right to make the corresponding contents accessible to other users, if necessary, within the framework of the execution of the contract. In this respect, you warrant that you own all necessary rights to materials provided in order to grant MeisterLabs the corresponding rights.

6.4  You agree to use our services only for the agreed purposes and within the agreed scope (e.g., with respect to the number of users and roles). Shared logins, the use of an account by multiple persons, or the use of a role by multiple persons is not permitted and shall be deemed Overuse. Section 3.2 shall apply accordingly.

6.5 You are obliged to observe the applicable laws and the rights of third parties when using the content and services on the websites. In particular, you are prohibited from,

  • using offensive or defamatory content, regardless of whether this content concerns other users, MeisterLabs employees or other persons or companies,

  • using pornographic content or content that violates youth protection laws or advertise, offer or distribute pornographic products or products that violate youth protection laws,

  • harassing other users unreasonably (in particular through spam) (cf. also § 7 Law against Unfair Competition UWG),

  • using content protected by law (e.g. by copyright, trademark, patent, design or utility model law) without being entitled to do so, or from advertising, offering or distributing goods or services protected by law, as well as

  • engaging in or promoting actions in contravention of competition rules, including progressive canvassing (such as chain, snowball or pyramid schemes).

6.6  In addition, you are also prohibited from the following actions:

  • Use any mechanisms, software or scripts in connection with the use of the Websites. However, you may use the interfaces or software provided to you as part of the services offered on our websites.

  • Blocking, overwriting, modifying, copying, unless this is necessary for the proper use of the services of the websites. (For example, copying by means of “robot/crawler” search engine technologies is not necessary for the proper use of our services and is therefore expressly prohibited).

  • Sharing of your user account or allowing users to share their user accounts.

  • Distribution and public reproduction of content from the websites or from other users.

  • Any action that is likely to impair the functionality of the MeisterLabs infrastructure, in particular to place an excessive load on it.

6.7  If the rights of third parties or legal requirements are violated by the content posted by you or by your use of the services, you will immediately cease the use that is contrary to the contract and / or the law.

6.8 To protect against unauthorized access, unlawful use, or any other abuse (particularly as described in the preceding Sections 6.4 – 6.7), MeisterLabs may, at its discretion, implement appropriate preventive or detection measures, such as two-factor authentication (2FA). MeisterLabs is entitled to temporarily or permanently block access to the software if there are objective indications of unauthorized access or unlawful or abusive use. MeisterLabs will reasonably inform the customer about the blockage, specifying the reasons underlying the blockage.

6.9 You will indemnify MeisterLabs against all claims, including claims for damages, brought by other users or other third parties against MeisterLabs for infringement of their rights by (i) content posted by you, or (ii) use of the Software by you. You will pay all reasonable costs incurred by us as a result of any infringement of third party rights, including reasonable costs incurred for legal defense. The foregoing obligation under this clause 6.9 shall not apply to the extent that MeisterLabs is responsible for the infringement. All further rights as well as claims for damages of MeisterLabs remain unaffected.

6.10 If we become aware of (illegal) content uploaded by you that gives rise to the suspicion that a criminal offence is taking place or is likely to take place that poses a threat to the life or safety of one or more persons, we are obliged to immediately inform the relevant law enforcement or judicial authorities of this suspicion and to provide them with all available relevant information.

7  Information about illegal content by users

7.1 If you notice any use of the websites (including the use of pseudonyms or deceptive identities) that is contrary to the law or to the terms of the contract, please inform us using the reporting form available here on our website.

7.2 If you file a report, the report shall contain at least: (i) a sufficiently substantiated explanation of why you consider the respective content to be illegal or infringing, (ii) a clear indication of the electronic storage of the content (e.g. URL-address), and (iii) a declaration that you are convinced in good faith that the information and statements within your report are correct and complete.

7.3 If we become aware that such reports are repeatedly made against good faith and on the basis of incorrect or incomplete information, despite prior warning, we are entitled to suspend the processing of such incoming reports for a certain period of time. Whether the processing of reports is actually suspended and for how long depends on various factors. In particular, the type and severity of the abusive reports (e.g. multiple reports of the same content without new information after it has already been confirmed that we cannot clearly assess the content as illegal or infringing), any previous abusive reports by the reporting person or entity and - as far as can be determined - the intention of the reporting person or entity.

8  Customer service and support

You can submit questions and clarifications about your contract or about the software and services from us at any time via the contact form available on all our websites or by email to MeisterLabs.

9  Warranty

9.1  You must notify MeisterLabs of any defects in the software immediately and in writing (email sufficient). The written notice of defect must describe the defect and the corresponding data processing environment as precisely as possible.

9.2  In principle, the statutory regulations on warranty in tenancy agreements apply. Sections 536b BGB (knowledge of the tenant of the defect upon conclusion of the contract or acceptance), 536c BGB (defects occurring during the lease period; notification of defects by the tenant) apply. The strict liability for defects existing at the time of conclusion of the contract pursuant to Section 536a (1) BGB (Landlord’s liability for damages) is excluded.

9.3 Warranty rights do not exist if the defect of the software has arisen due to an inadmissible, unsuitable or improper treatment or use of the software by you or due to a modification to the software not authorized by MeisterLabs.

10 Confidentiality

10.1 "Confidential Information" shall be all information and documents of the respective other Party which are marked as confidential or are to be regarded as confidential due to the circumstances, in particular information on operational processes, business relations, technical data and know-how including but not limited to quotes, purchase order and all other terms relating to the service.

10.2 The Parties agree to maintain confidentiality about such Confidential Information. The Parties shall treat all Confidential Information with at least the same care as their own information of the same kind. Information shall be stored and secured in such a way that knowledge and misuse by third parties are excluded. This obligation shall continue for a period of two years after termination of the subscription.

10.3 Excluded from this obligation is such Confidential Information, (i) which was demonstrably already known to the receiving party at the time of conclusion of this agreement or which subsequently becomes known to the receiving party from a third party without violating a confidentiality agreement, statutory provisions or official orders; (ii) which are public knowledge at the time of conclusion of the agreement or are made public thereafter, insofar as this is not based on a breach of this Agreement; or (iii) which must be disclosed due to legal obligations or by order of a court or authority. To the extent permissible and possible, the receiving Party obligated to disclose shall notify the other party in advance and provide the other party with an opportunity to oppose such disclosure.

10.4 The receiving party is prohibited from obtaining Confidential Information by way of reverse engineering. "Reverse Engineering" shall mean all actions, including observing, testing, examining, reassembling and, if necessary, reassembling, with the aim of obtaining Confidential Information.

11 Limitation of Liability 

11.1  MeisterLabs shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence, in the event of culpable injury to life, physical integrity or health, in the event of the assumption of a guarantee and in the event of liability under the Product Liability Act.

11.2  In all other cases MeisterLabs is only liable in the case of simple negligent breach of an essential contractual obligation, i.e. such a contractual obligation, for which fulfilment is strictly necessary for proper execution of the contract in the first place and whose compliance may regularly be relied upon by the customer; this is limited to the compensation of the foreseeable and typical damage. In all other cases, the liability of MeisterLabs is excluded.

11.3  If you suffer damage as a result of the loss of data, MeisterLabs shall not be liable for this insofar as the damage would have been avoided if you had made a regular and complete backup of all relevant data. You will carry out a regular and complete data backup yourself or have it carried out by a third party and are solely responsible for this.

12 Final provisions

12.1  Amendments and supplements to these contractual terms and conditions must be made in writing. This also applies in particular to a waiver of this written form requirement.

12.2  Should individual provisions of these contractual terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with one that comes as close as possible to the economic intent of the invalid provision in a legally permissible manner. The same shall apply in the event of any gaps in the agreement.

12.3  MeisterLabs reserves the right to propose a change to these contract terms to you at any time. We will provide you with the proposed changes to these terms in text form (e.g. by email) at least 14 days before the proposed effective date. For (i) non-material changes to the terms that do not affect material provisions of these terms (e.g., provisions relating to the nature and scope of the services provided by MeisterLabs), and (ii) changes required by a change in law, a final court decision or a binding order of a competent authority, your consent will be deemed given if your rejection is not notified to MeisterLabs in text form before the proposed effective date of the changes. If you do not agree with the changes, you may notify MeisterLabs of your disapproval of the changes up to the proposed effective date. The amended GTC will also be published on the websites.

12.4  Unless otherwise agreed, you can send all declarations to MeisterLabs in any case by e-mail, using the contact form accessible from any of our websites. MeisterLabs, in return, may send statements to you by email or letter to the addresses you have provided as current contact information in your user account.

12.5  The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. If you are a consumer and have your habitual residence in another country at the time of the conclusion of the contract, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

12.6  If you are a merchant, the exclusive place of jurisdiction is Munich. Otherwise, the applicable statutory provisions shall apply for local and international jurisdiction.

12 Data Protection

12.1 You acknowledge that it is your sole responsibility to comply with any applicable data protection laws, including but not limited to the European Data Protection Regulation (“GDPR”), and ensuring you have all necessary legal permissions and consents in connection with the use of the MeisterLabs products.

12.2 If and to the extent that MeisterLabs processes personal data as a processor on behalf of Customer, our standard data processing agreement (“DPA”) pursuant to Art. 28 (3) of the GDPR shall apply. The DPA is hereby incorporated into and forms an integral part of this Agreement. 

12.3 MeisterLabs may process personal data in accordance with applicable data protection laws and our privacy policy. MeisterLabs may utilize data derived from Customer usage of the software for internal business purposes, including but not limited to software improvement, security measures, and analysis of product usage.

13. Termination of the contract

13.1  The contract for the free version of the software runs for an indefinite period. You may terminate this contract at any time without giving reasons or term of notice. Please send us your notice of termination using the contact form accessible from any page on the websites and include your user name and email address registered on our websites. Alternatively, you can cancel your contract under Subscription in the account area.

13.2  The contract for the paid versions of the software is concluded as a subscription contract with a fixed minimum usage period of, for example, six or twelve months. The length of the minimum usage period is determined in the ordering process. Subject to the provision to the contrary for consumers in section 13.1 of these contractual terms and conditions, the subscription contract for the paid version shall be extended after expiry of the minimum usage period by a period corresponding to the minimum usage period, unless the contract is terminated beforehand in due time. The Paid Version Subscription Agreement may be terminated by you or MeisterLabs without cause upon 30 days’ notice to expire at the end of the Minimum Usage Period booked in the ordering process or at the end of any renewal period thereafter. For consumers, clause 15.1 applies in addition. The termination can be declared via email and to MeisterLabs also by using the contact form accessible from any page on the websites. The user name and the email address registered on the websites must be stated when giving notice of termination.

13.3  The right of both parties to terminate the license agreement for the software for important reasons shall remain unaffected. An important reason for termination exists in particular if the continuation of the contractual relationship until the expiry of the statutory notice period is unreasonable for the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties. The following events in particular may constitute important reasons:

  • non-compliance with legal requirements by you;

  • breach of contractual obligations, in particular from clause 4 of these contractual conditions, especially Sections 2.2, 2.4, 2.5, 2.6, 6.3 – 6.7, particularly;

  • the reputation of the services offered by MeisterLabs is impaired, not only to an insignificant extent, by you;

  • you promote associations, communities, methods or activities that are monitored by security or youth protection authorities;

  • you are harming one or several other users;

  • you are a member of a sect or a controversial religious community.

13.4  In the event of an important reason, MeisterLabs may also impose the following sanctions on you irrespective of termination:

  • deletion of illegal or infringing content that you have uploaded;

  • issue of a warning;

  • (temporary) disabling of certain functions of the services offered by MeisterLabs;

  • (temporary) blocking of access to the services offered by MeisterLabs until a detected infringement is remedied by you.

13.5 MeisterLabs will reasonably notify you of any sanctions imposed against you according to clause 13.3. and 13.4. and, where appropriate, inform you about your possibilities to file a complaint within our internal complaint system.

13.6 If you subscribed to the free version of a product of MeisterLabs and did not interact with the respective product - e.g. if you have not logged in or accessed your account or its content in any way - for at least two (2) years, MeisterLabs reserves the right to permanently delete your account, including any data associated with the account, fully or in part, without the need for any additional notice. 

14 Final provisions

14.1  Upon reasonable notice and taking into account the legitimate interests of Customer, MeisterLabs may assign this agreement in whole or in part to any affiliate or in the connection of merger or acquisition.

14.2 Should individual provisions of these contractual terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with one that comes as close as possible to the economic intent of the invalid provision in a legally permissible manner. The same shall apply in the event of any gaps in the agreement.

14.3  MeisterLabs reserves the right update these Contract Terms from time to time. We will provide you with the updated terms in text form (e.g. by email or in your account) at least 14 days before the proposed effective date. For (i) non-material changes to the terms that do not affect material provisions of these terms (e.g., provisions relating to the nature and scope of the services provided by MeisterLabs), and (ii) changes required by a change in law, a final court decision or a binding order of a competent authority, your consent will be deemed given if your rejection is not notified to MeisterLabs in text form before the stated effective date of the changes. If you do not agree with the changes, you may notify MeisterLabs of your objection of the changes within 14 days. If you object to such changes, the then current Contract Terms will apply until the end of your then current subscription period. In this case, the updated Contract Terms will apply from your next renewal.The amended Contract Terms will also be published on the websites.

14.4  Unless otherwise agreed, you can send all declarations to MeisterLabs in any case by email, using the contact form accessible from any of our websites. MeisterLabs, in return, may send statements to you by email or letter to the addresses you have provided as current contact information in your user account.

14.5  The laws of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. If you are a consumer and have your habitual residence in another country at the time of the conclusion of the contract, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

14.6  If you are a merchant, the exclusive place of jurisdiction is Munich. Otherwise, the applicable statutory provisions shall apply for local and international jurisdiction.

14.7 In the event of any conflict or discrepancy between the different language versions of these Contract Terms, the German version of these Contract Terms shall prevail.

Additional Conditions for Consumers

The following terms and conditions apply only to consumers. In the event of contradictions with the other contractual conditions, the provisions of this section shall prevail.

15 Term and terms of payment for consumer transactions

15.1  Insofar as you conclude the user contract for the paid version as a consumer, notwithstanding clause 13.2, this contract shall be extended after the expiry of the minimum usage period for an indefinite period. In this case, you can cancel the paid version at any time after the minimum usage period, booked in the ordering process, has expired with a notice period of one (1) month.

15.2  In deviation from the provision in clause 3.2 of these contract terms, the fees for consumer transactions are collected from the consumer on a monthly basis after expiry of the initial contract term and automatic renewal of the contract.

16 Notice of right of revocation

16.1  Right of revocation:As a consumer, you have the right to revoke this contract within 14 days without giving any reasons. The revocation period begins on the day of the conclusion of the contract; we expressly refer to the regulations on the exclusion of the right of revocation for digital content – see section 16.3 below. To comply with the revocation period, it is sufficient to send a clear declaration of your decision to revoke this contract to MeisterLabs GmbH, Zugspitzstrasse 2 in 85591 Vaterstetten, Germany, in good time. You can also make this declaration via the contact form accessible from any of our websites or by email or telephone. You will find our telephone number and email address in the imprint on each of our websites.

16.2  Consequences of revocation:In the event of an effective revocation of a paid version, the services received by both parties must be returned immediately, but no later than within 14 days, and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the received services to MeisterLabs or are only able to return them in part or in a deteriorated condition, you may have to compensate MeisterLabs for the loss of value. You must fulfill any obligations to refund payments within 30 days of sending your notice of revocation.

16.3  Premature expiry of the right of withdrawal:In the case of a contract for the supply of digital contents which are not stored on physical data media, your right of revocation shall expire once we have commenced performance of the contract where you

a) have expressly agreed that we may commence performance of the contract before the expiry of the revocation period, and

b) you have confirmed that you are aware that with this consent you lose your right of revocation upon our beginning of performance under this contract

17 Online dispute resolution for consumers

For our customers who are consumers, the European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://www.ec.europa.eu/consumers/odr. You can find our email address in our imprint. We are neither obliged nor willing to participate in the dispute resolution procedure.

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AI Terms

1 Scope

1.1 These additional terms and conditions (“AI Terms”) apply to the access and use of AI Features of MeisterLabs GmbH (“MeisterLabs”) as a Software-as-a-Service. The AI Terms form a part of our General Terms and Conditions, which also apply to the AI Features accordingly, and any other agreement on the use of our services between you and MeisterLabs.

2 Use of our AI Features & obligations of the user

2.1  MeisterLabs may utilize Customer Content for the purpose of enabling certain artificial intelligence, deep-learning or machine-learning services or features supported by artificial intelligence, deep-learning or machine-learning within the Software ("AI Features"). "Customer Content" refers to any data, information, or material that you input, upload, transmit, or otherwise make available through the Software. By using AI Features, the Customer acknowledges and consents to the use of Customer Content as described in this provision. MeisterLabs may use anonymized and aggregated data for the purposes of improving and enhancing the Software and MeisterLabs' services. 

2.2 MeisterLabs may make AI Features available, either against payment of the agreed additional fee as an add-on to the general services provided by MeisterLabs or as a feature of any plan.

2.3  If you choose to use our AI Features, you may provide data to be processed by us (“AI Input”) and receive data generated and returned based on your AI Input (“AI Output”). When you use our AI Features, the right of use our AI Features includes the right to use any AI feature predictions and output, based on the input given by you.

2.4  Your Data will be processed by AI and machine learning models in order to generate output, e.g. content for notes and tasks or changes to your mindmaps. Some of these AI models run internally within our product, and some are provided by a third party.

2.5  You are solely responsible for the content, development, operation, maintenance and use of your Data used as AI Input or AI Output. You will ensure that your use of our AI Features and the use of your AI Output must not (i) violate any applicable law, (ii) violate these AI Terms, our GTC or any other Agreement on the use of our services, or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party.

2.6  You may use our AI Features or the respective AI Output for your own private or your own business purposes only and only to the extent that (i) it is not used to develop foundation models or other large scale models that compete with MeisterLabs services and AI Features; (ii) it is transparent for any person engaging with your AI Output from our AI Features that it was not solely human generated or, if applicable that the person is not dealing solely with a natural person; (iii) spam or content for dissemination in electoral campaigns is generated, or (iv) it does not violates any agreed terms, e.g. technical documentation, usage guidelines, or parameters.

2.7  You must ensure that the input of personal data, its use with regard to the AI Features and the use of output, if containing personal data, complies with the requirements of the GDPR as you remain to be the data controller. We or our service providers process the data on your behalf and in accordance with the requirements of the concluded contract on commissioned processing. It is prohibited to use and enter special categories of data according to Art. 9 GDPR or information that is subject to trade secret protection for the user’s or a third party’s company, when using our AI Features. Furthermore, it is prohibited to use the AI Features for illegal purposes.

2.8  In all other respects, the terms of use of our GTC, in particular Sec. 4.2, 4.3 and Sec. 6, apply accordingly.

2.9  If you choose to use our AI Features, you may not use them in a manner that violates any relevant third party policy in connection with our AI Features as made available by MeisterLabs, including but not limited to OpenAI and Google Policies, including but not limited to their Content Policy (OpenAI); Sharing and Publication Policy (OpenAI); Community Guidelines (Open AI); and Prohibited Use Policy (Google).

3 Scope of AI Output

3.1  Our AI Features are built to recognize relationships in data, intelligently link data, draw conclusions and make predictions to be used as a tool to automate processes, draft content, provide inspiration, and speed task completion.

3.2  You acknowledge that due to the nature of AI and machine learning models, AI Output may not be unique and our AI Features may generate the same or similar output to any other third party. You also acknowledge that the output is not a work created by a natural person and therefore, at least prior to appropriate editing, is generally not copyrighted.

3.3  You further acknowledge that AI models may generate inaccurate or offensive content that doesn’t represent MeisterLab’s or your own views. You should examine carefully the generated AI output before relying on it, publishing it or otherwise make use out of it. AI output that appears accurate because of their detail of specificity may still contain inaccurate material.

3.4  Our AI Features are expressly not intended to give you medical, legal, financial, or other professional advice. Any generated content regarding those topics is provided for informational purposes only and is not a substitute for advice from a qualified professional.

4 Warranty and liability

4.1  We use different AI models to provide you with our AI Features. MeisterLabs does not make any warranty as to the results that may be obtained from these models by your use of our AI Features. You acknowledge and agree that any content or data generated through the use of our AI Features is processed at your sole risk and responsibility. In particular, MeisterLabs does not guarantee you the accuracy, quality, completeness, reliability or suitability for the intended purpose of the content or results made available within the AI Features.

4.2  Notwithstanding anything to the contrary in our GTC or any other agreement with us, downtime of AI Features that result from a failure of a third party service will not be included in the availability and downtime calculations.

4.3  In all other respects, the warranty and liability provisions of our GTC, in particular Sec. 9 and 11 apply accordingly.

5 Indemnification

You will indemnify MeisterLabs against all claims, including claims for damages, brought by other users or other third parties against MeisterLabs for infringement of their rights by (i) content posted by you, or (ii) use of the AI Features by you or (iii) content used by you as input. You will pay all reasonable costs incurred by us as a result of any infringement of third party rights, including reasonable costs incurred for legal defense. All further rights as well as claims for damages of MeisterLabs remain unaffected.

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Status: May 2025

We recently updated our Terms and Conditions. In case you would like to review our previous Terms and Conditions, you can access it here.