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Terms of Service for Instance by Mimo

1. General Provisions

1.1

Mimo GmbH, Währinger Straße 2-4/48, 1090 Vienna, Austria ( “Mimo,” “us,” or “we”) provides applications for Android and iOS, websites and related services such as online communities via Discord or live sessions via Zoom that allow you to access and use various educational content and training services on computer science, data science, programming, software development and similar topics as well as tools for software development.

1.2

The use of Instance by Mimo, a software development product of Mimo, (“Service”) is subject to the following terms of service (“ToS”), in each case in the version valid at the time of conclusion of any contractual agreement between you and Mimo (“Contract”). The ToS create specific regulations for the use of Mimo and supplement the Mimo General Terms of Service (“General ToS”). In the event of any conflict between the provisions of the ToS and the General ToS, the provisions of the ToS shall prevail. By accepting these ToS, you accept the General ToS simultaneously.

1.3

Mimo reserves the right to amend the ToS (“Amended ToS”) at any time and without giving reasons. Amended ToS must be announced by us at least 14 days before they come into force by sending the text of the Amended ToS to the email address you last provided. If you do not object to the changes within these 14 days in writing (e.g. by email to support@mimo.org), the changes shall be deemed accepted. If Amended ToS affect fees or the scope of Services to existing Contracts, these amendments are only permissible with your consent. In the event of a timely objection or, as applicable, if no consent is given, the Contract shall continue in accordance with the ToS valid at the time of conclusion of the contract; however, in such case, your Subscription will terminate at the end of the respective Subscription Period, without this requiring a separate notification by Mimo.

2. Subject and Scope of Services

2.1

Mimo is solely responsible for the provision and operation of the Service. Mimo assumes no liability that you will successfully complete tasks based on our Service or achieve a particular goal or outcome with the Service.

2.2

To use our Service, you must create an account. You must be at least eighteen years old. If you are at least fourteen years old, you are allowed to create an account with the consent of your legal guardians. Mimo has the right to make its services subject to appropriate proof of identity and/or consent of your legal guardians.

2.3

The scope of the Service may depend on your Subscription type. Mimo offers automatically renewable subscriptions (“Subscription”) at different tiers for different periods (“Subscription Period”). Depending on the selected Subscription, the number of Messages and computing and storage capacities differ. The exact values are displayed during the subscription process. Only a free or paid Subscription to the Service enables you to access and use the Services.

2.4

Mimo may publish additional Features. Features are independent of the scope of the Service and are provided by Mimo solely at its discretion in terms of accessibility, scope, and availability. You cannot assert any claims for the future from accessing or using the Features. In particular, there is no entitlement to permanent access and unrestricted use. Mimo may deactivate, change, or restrict features at any time and without notice.

3. Platform

3.1

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. You are responsible for all activity under your account/subscription when using the Service.

3.2

The Service allows users to address AI models via requests (“Messages”) in order to obtain program code, images, information, text, translations, or any other material (“Content”). Messages may contain images, information, source code, text, translations, or other material (together “Input”). You represent that you own or have the necessary legal rights (especially all necessary rights to upload the Content) for the Input to be used by you through the Service.

3.3

For this purpose, Mimo integrates AI models from third-party providers to which the Input is disclosed according to a scheme defined by Mimo. Furthermore, Mimo reviews and adjusts data, content, or material generated by integrated AI models in response to Input, produced through automated processes without human intervention or discretion (“Output”). Mimo may apply automated post-processing filters or systems without human oversight. Mimo reserves the right to freely select and change the specific AI model used at any time or to use different AI models for different types or categories of Messages. You have no right to demand that Mimo use a specific AI model.

3.4

Any rights regarding the Service (“IP”) provided to you are protected and belong to Mimo or our licensors. Subject to this ToS, Mimo grants you a non-exclusive and non-transferable license regarding the IP to use the Services on a compatible device in your control or ownership. Any other use, in particular any copy, display, download, post, reproduce, republish, scrape, transfer, or transmission, in any form or by any means, in whole or in part, to third parties or distribution or making available of the IP is not permitted without the prior written consent of Mimo. Furthermore, “Mimo“, “Instance“ and all other trademarks, service marks, graphics, and logos used in connection with the Services are owned by Mimo or our licensors. Access to or use of the Service does not grant written consent of Mimo. Furthermore, “Mimo“, “Instance” and all other trademarks, service marks, graphics, and logos used in connection with the Services are owned by Mimo or our licensors. Access to or use of the Service does not grant or provide you with the right or license to use these trademarks, service marks, graphics, and logos.

3.5

You are responsible for evaluating whether the Output is appropriate for your use case, including where human review is appropriate, including any legal, ethical or security implications relevant to your use case, before using or sharing the Output. You acknowledge and must notify anyone using the Platform on your behalf, that factual assertions in Output should not be relied upon without independently checking accuracy.

3.6

The use of the Service is prohibited for AI practices in the meaning of Article 5 AI Act. Especially, as follows:
  • Deployment of subliminal techniques beyond a person's consciousness or purposefully manipulative or deceptive techniques, with the objective, or the effect of materially distorting the behavior of a person or a group of persons by appreciably impairing their ability to make an informed decision, thereby causing them to take a decision that they would not have otherwise taken in a manner that causes or is reasonably likely to cause that person, another person or group of persons significant harm;
  • Exploitation of the vulnerabilities of a natural person or a specific group of persons due to their age, disability, or a specific social or economic situation, with the objective, or the effect, of materially distorting the behavior of that person or a person belonging to that group in a manner that causes or is reasonably likely to cause that person or another person significant harm;
  • Evaluation or classification of natural persons or groups of persons over a certain period of time based on their social behavior or known, inferred, or predicted personal or personality characteristics, with the social score leading to either or both of the following: detrimental or unfavorable treatment of certain natural persons or groups of persons in social contexts that are unrelated to the contexts in which the data was originally generated or collected; detrimental or unfavorable treatment of certain natural persons or groups of persons that is unjustified or disproportionate to their social behavior or its gravity;
  • Making risk assessments of natural persons in order to assess or predict the risk of a natural person committing a criminal offense, based solely on the profiling of a natural person or on assessing their personality traits and characteristics;
  • Create or expand facial recognition databases through the untargeted scraping of facial images from the internet or CCTV footage;
  • Interfere with the emotions of a natural person in the areas of workplace and education institutions;
  • Use of biometric categorization systems that categorize individually natural persons based on their biometric data to deduce or infer their race, political opinions, trade union membership, religious or philosophical beliefs, sex life or sexual orientation.

3.7

You warrant that you will not create, store, submit, or otherwise provide through the Service anything that is
  • abusive, harassing, hateful, offensive, threatening, or otherwise violates any law or infringes the rights of any third party (including copyright, privacy, publicity, trademark, or other personal or proprietary rights);
  • explicit or objectionable, damages, exploits, or otherwise impairs the Services in any way (in particular, but not exclusively, scams, conspiracy theories, content that violates the protection of minors); or
  • aimed at mining cryptocurrencies;
  • exposing Mimo or any third party to harm or liabilities of any kind.

Mimo reserves the right to remove Output and Applications that violate these provisions.

3.8

You may not derive or attempt to derive the source code of any part of the Service, permit any third party to derive or attempt to derive such source code, or decompile, disassemble, reverse engineer, or translate the Services or any part thereof. You may not and must not attempt to access the Service to build a competing product or service, including to train competing AI models or resell the Service, reverse engineer or duplicate the Service; or support any third party's attempt at any of the conduct restricted in this sentence.

4. Output

4.1

If the Output contains APIs, packages, or libraries, you are solely responsible for ensuring that you have the necessary rights and licenses to use them. Mimo is under no legal obligation to check or adapt the Output at any time or to inform you of any risks.

4.2

While Mimo owns all rights to the platform and brand elements, this ownership is entirely separate from and does not extend to the Output. Unless stated otherwise in the ToS, Mimo disclaims any right to the Output generated using our Platform, Applications built with our tools, custom configurations and implementations, modified or derivative works created from generated code, and your own code commits and changes made outside our Service but committed or visible in any way, unless otherwise provided in the ToS. You may freely use generated Output commercially, modify and adapt generated code, distribute generated code in any form, sell applications built using our Service, and open source your implementations.

4.3

By creating, storing, or submitting Messages and Input, you grant Mimo an irrevocable, non-exclusive, unlimited in time, perpetual, royalty-free, transferable, and worldwide license to use, edit, reproduce, copy, create derivative works from, display, make available or publish, distribute, excerpt, reformat, reuse and translate such Content for providing the Service.

4.4

Unless otherwise requested by you, we may reference and showcase the Output (excluding any confidential or personal information) for promotional purposes, such as in portfolios or case studies published by Mimo. You may opt out of such use at any time by notifying us in writing at support@mimo.org.

4.5

We may use your Input and Output to personalize your experience with our Service.

4.6

Mimo reserves the right to analyze Input, Output and usage patterns to train, refine or enhance AI models and systems and improve the accuracy and quality of the Output, to remove any Output that is considered inappropriate; and terminate your access to the Services at any time, particularly for violations of these ToS.

4.7

You agree to defend, indemnify, and hold harmless Mimo, including our officers, directors, employees, agents, licensors, affiliates, and representatives, from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable legal fees) arising from your use of our platform and services, breach of these Terms, infringement of third-party rights, applications, websites, or services you create using our platform, and any content you submit or share through our services.

5. Hosting

5.1

The Service also provides hosting of the program code and the technical facilitation of its execution (“Application“). This includes the automated installation of libraries and packages and the provision of API communication.

5.2

Hosting takes place via Mimo subdomains (e.g., your project, instance, or app). However, this does not make Mimo responsible for the content.

5.3

Mimo acts as a hosting provider within the meaning of the Digital Services Act. Therefore, Mimo is not liable for the Content or other information stored by you, on condition that we do not have actual knowledge of illegal activity or illegal content and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or illegal content is apparent or upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the illegal content. While Mimo has no general obligation to monitor nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers, we reserve the right to review and exclude Content that appears to be associated with such illegal activity.

5.4

Mimo does not guarantee any service level, availability, or latency.

6. Miscellaneous

6.1

If any provision of the ToS is invalid, the remainder of it remains valid and statutory regulations take effect over the invalid provisions.

6.2

Amendments, supplements, and ancillary agreements of the ToS must be made in writing to be effective. This also applies to the agreement to deviate from this formal requirement.

6.3

In case of contradictions between the ToS and deviating written agreements between you and Mimo, the provisions of the deviating agreements shall prevail.

6.4

The laws of the Republic of Austria apply, excluding the United Nations Convention on the International Sale of Goods (“CISG”) and the conflict-of-law rules of private international law. With respect to customers, this choice of law shall only apply to the extent that the protection granted by the mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn.

6.5

The exclusive place of jurisdiction for disputes, directly or indirectly resulting from the contractual relationship, is the respective court at Mimo's registered seat of business. With respect to customers, this place of jurisdiction shall only apply to the extent that national law does not provide a mandatory place of jurisdiction for consumers.

These terms were last modified on April 24, 2025.