Terms and Conditions

1. Introduction 

1) These Terms and Conditions (hereinafter “T&Cs“) apply to the use of the websites www.lecturio.com, including www.healer.lecturio.com, www.simtutor.com, www.simtics.com, the apps or other services (hereinafter “websites”, “Services” or “services“) of Lecturio Inc. and/or its parent company Lecturio GmbH (hereinafter “Lecturio“).

Lecturio, Inc,
511 Avenue of the Americas
10011 New York, NY
USA

Lecturio GmbH
Käthe-Kollwitz-Str. 1
04109 Leipzig
Germany

(2) These T&Cs, and the executed order form and the general terms therein (“Order Form”), or where there is no Order Form, the invoices issued by Lecturio and terms contained therein, constitute the full, final and exclusive agreement between Lecturio on one hand, and the entity or person paying for use and which holds the Account (or individual who receives a free Account) (as defined below) (“Organization”) or the person who is permitted by the Organization to use the Service (“User”), on the other hand. Any conflicting terms and conditions from the User or Organization apply only if Lecturio has agreed to them in writing. Deviating terms and conditions of the User are in particular not included as part of these T&Cs with Lecturio by the fact that 

1. the User or Organization merely refers to it and transmits it to Lecturio or the third party commissioned by Lecturio, or 
2. that Lecturio or commissioned third parties do not expressly object to the validity of the terms and conditions of the User or the Organization,
3. that Lecturio or third parties commissioned by Lecturio execute an order or service or activate a functionality without reservation.

(3) The headings and paragraphs in these T&Cs are for convenience only. They are not to be taken into account for the interpretation. 

(4) Any use of the Services shall constitute acceptance of these T&Cs. By accessing, using, subscribing, purchasing, or downloading the Services, the User or Organization, as the case may be, agrees to follow and be bound by the T&Cs. If the User does not agree with these T&Cs, the User may NOT use the Services. 

DISPUTE NOTICE: THESE T&CS INCLUDE AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERENCED IN THE ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES WITH LECTURIO WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. Scope of Service

(1) Lecturio may provide Internet, mobile and online platforms (each a “Service” or “Service(s)”) on which educational or training content of various disciplines (in particular legal as well as medical educational content) can be offered and accessed in the form of videos, screencasts, documents, simulations, chatbots, Qbank questions, clinical cases, articles, or in any other form (hereinafter “educational content”) for the exchange of news, learning, and knowledge.

(2) Lecturio operates the Services in accordance with these T&Cs as well as any applicable additional Lecturio guidelines, which will be displayed to the User in a timely manner, and provides access to the websites or services. Users are entitled to use the websites or Services in the respective current version to access the educational content. Certain functionalities of the websites or additional options may not be available for all Services or may require prior registration of the User (according to section 5) or are offered for a fee.

(3) Some functions and features may not be available to an Organization or User without proof of identity or other requirements that will be stated on the applicable website 

(4) Lecturio may modify the Services at any time and for any reason, including to protect its legitimate interests, prevent misuse, or safeguard its fee structure and copyrights. Lecturio may also revise, adapt, and further develop the websites or Services fundamentally or partially at regular or irregular intervals; in the course of such updates, services may be added, changed, or abolished.

(5) Lecturio is entitled to use third parties for the provision of services.

3. System Requirements

(1) Technical requirement for the use of the websites and Services of Lecturio includes internet access with sufficiently powerful data transmission and the use of a standard and updated Internet browser or mobile app in its then-current version. Display, functionality, and usability may be limited when using certain browsers or operating systems or a not current version. 

(2) The User is responsible for protecting their own hardware and software (e.g., through anti-virus software and firewalls) and keeping them up to date.

(3) The User is obliged to maintain the system requirements and update browsers and operating systems so that the provision of a new version of the websites or Services by Lecturio may operate adequately. 

(4) Roles of the Parties. With respect to personal data submitted to the Services by or on behalf of an Organization or its Users (“Organization Data“), the Organization is the controller (or “business“) and Lecturio is the processor (or “service provider“), and Lecturio processes Organization Data only on the Organization’s documented instructions, which instructions consist of this Agreement, the DPA, and the Organization’s use of the Services. 

With respect to (i) account registration and administration data, (ii) billing and transaction data, (iii) security, fraud-prevention, and service-integrity data, and (iv) aggregated or de-identified usage data, and with respect to all personal data of Users who register other than through an Organization, Lecturio acts as an independent controller (or “business”) and processes such data in accordance with its Privacy Policy. The Organization instructs Lecturio to aggregate and de-identify Organization Data for the purpose of operating, securing, analyzing, and improving the Services, provided that Lecturio does not attempt to reidentify such data and does not disclose it in a form that identifies any User, Organization, or individual. Lecturio shall implement appropriate technical and organizational security measures and shall direct that persons authorized to process personal data are subject to appropriate confidentiality obligations. Where applicable, Lecturio may engage or replace sub-processors in accordance with the applicable Data Processing Addendum. Where FERPA applies, Lecturio shall process education records in accordance with applicable FERPA requirements and the Organization’s documented instructions. The Data Processing Addendum forms part of this Agreement where Lecturio processes personal data on behalf of the Organization and is available upon request.

4. Permitted User Group

(1) The registration for the activation and assignment of a personal User account (hereinafter referred to as “Account“, the entire registration process hereinafter referred to as “Registration“) may only be carried out by a natural person who has unlimited legal capacity, provided that this person has not been previously excluded from the use of the websites and/or Services of Lecturio.

(2) When registering, only a single natural person may be specified as the owner of the User account; in particular, registration as a group, married couple, or family or account sharing is not permitted. The sharing of login information, such as user ID and/or password, is strictly prohibited. Accounts are not transferable. Lecturio reserves the right to delete Accounts where there has been a violation of the T&Cs or for which the registration was not completed after an appropriate period of time without refund.

(3) The Registration of an Organization, such as a legal entity, a company, or a special fund under public law, may only be carried out by a natural person with unlimited legal capacity who is authorized to represent the Organization, who must be named, and to whom the Account is assigned. By agreeing to these T&Cs on behalf of an Organization, the individual is representing and warranting to Lecturio that the person has all legal authority to so agree.

5. Binding Provisions and Registration

(1) 

1. Contracts with Organizations enable their affiliated Users (e.g., students, teachers, clinical staff) to have access to the services in accordance with these T&Cs. The authorized Users, the fee to be paid, and the individual specification of the authorized Users result from Order Forms or similar contracts entered into between Lecturio and the “Organizations. This does not initially establish a separate contractual relationship between Lecturio and the authorized user. The right of use as a User is linked to the personal capacity that the authorized User is a registered student, employed teaching staff, or employed staff of an Organization. If this capacity ends, the authorized User can himself/herself acquire a personal authorization to use the Services by contacting Lecturio and entering into an Order Form or similar contract.
2. Individuals have the option of entering into an agreement with Lecturio for themselves for access to the services by means of a personal usage authorization by registering for a personal account.

‍(2) Most of the Services offered by Lecturio can only be used by a registered User. The registration as User requires the User’s agreement to these T&Cs. 

(3) The registration by the User for use of the Services through an Organization is free of charge.

(4) For the registration of the User, it is necessary to submit the mandatory information that is requested from the User when registering for the Services. By confirming the registration button, the authorized User confirms the accuracy of the information provided and that they agree to these T&Cs and completes the registration. 

1. The data requested from the User must be complete and correct. 
2. The User must use a secure password in order to adequately protect the User Account from unauthorized access. 

(5) The completion of the registration process constitutes an offer by the User to conclude a contract on the use of the Services on the basis of these T&Cs. Lecturio accepts this offer by activating the User account, and these T&Cs become the binding agreement of the parties. 

6. Addition of Fee-based Services for Users

‍(1) The individual User has the option of activating additional functions of Services in exchange for payment as provided on the websites and/or Services

(2) Lecturio offers different types of paid services for a User (e.g., subscription or direct purchase of paid content). The User can find the respective paid service and its scope of functions on Lecturio’s website. 

1. In principle, when using services of the “subscription” type, the User acquires access to the described Services in return for a subscription fee which is due at the agreed frequency (e.g., monthly, quarterly), unless the User has cancelled the subscription in compliance with the notice period. 
2. When using Services of the direct purchase type, the User acquires the right to access the agreed payment content within the agreed period of time in accordance with the contract.

(3) The prices and terms as provided on the websites and/or Services apply in each case.

(4) The option to use the Services does not constitute an offer to the User in the legal sense, but is to be understood as an invitation to the User to make an offer. By confirming the correspondingly marked button or other order mechanism, the User agrees that he/she wishes to enter into a contract for the fee-based services selected by him/her with Lecturio Confirmation of the aforementioned button or link constitutes the User offer to Lecturio to conclude a contract under these T&Cs. 

(5) Lecturio may accept the offer of the User by a corresponding confirmation in electronic form (e.g., by e-mail).

7. Prices & Payment

(1) The prices and renewal prices published by Lecturio on the websites or Services at the time of the execution of the Order Form or similar agreement apply. 

(2) The prices are displayed in the offered currency and are exclusive of applicable statutory taxes (such as value-added tax or sales and use tax), except as otherwise indicated at the point of purchase.

(3) Lecturio offers several payment method options, which are specified in detail on the Websites and Services of Lecturio.

(4) If a direct debit payment method is selected and the User’s bank details are transmitted, the User authorizes Lecturio and its payment service provider to collect the invoice amount from the specified account until such authorization is revoked. If the direct debit is not honored due to a lack of sufficient funds or due to the provision of incorrect bank details, or if the User objects to the debit although he is not entitled to do so, the User shall bear the fees incurred by the respective credit institution due to the chargeback if he is responsible for this. The debit of his account takes place after completion of the order.

(5) Fees may be paid via an auto-payment (through credit card or debit car) with authorization from the User to be provided to Lecturio via a valid auto-payment authorization in the manner directed by the Company.

(6) Unless otherwise agreed in writing, all payments are due on order or on renewals on the date of the renewal.

(7) If the User is in default of payment by failing to pay when due, Lecturio may (i) suspend or terminate the Account; and/or (ii) demand default interest in the amount of the statutory interest rate for the applicable jurisdiction. In addition, Lecturio reserves all rights under the law and may claim losses and damages caused by default.

(8) Auto-Renewal and Pricing for Organizations: At the expiration of each contract term, the subscription for all Services purchased through Order Form, invoice issued, or online portal, will automatically renew for the same period as the expiring contract term, unless either party elects not to renew by notifying the other party in writing to institutions@lecturio.com at least thirty (30) days before such renewal date. Except as otherwise specified in a written notice provided to the User or Organization at the email address noted for the account owner for the Organization or User, as the case may be, at least thirty (30) days prior to a renewal, Lecturio’s per-unit pricing for any renewal contract term shall increase by five percent (5%) over the prices at the expiring contract term unless a different price change is communicated by Lecturio which gives the client the right to terminate. Any introductory or temporary discount offered in a previous contract term does not apply to a renewal contract term.

8. Rights and Permissions

(1) Provided that the User has paid any due fees in full and does not violate these T&Cs or any other agreements between the contracting parties, Lecturio grants the User a non-exclusive, non-transferable, personal, non-sublicensable right to use the ordered Services and associated Lecturio software, solely for the purposes described in these T&Cs or as otherwise agreed in writing by Lecturio. 

(2) License Restrictions: Unless otherwise expressly permitted by Lecturio, User will not and Organization has no right to: (a) copy any website. Services or software provided by Lecturio (“Lecturio Materials”), (b) modify, adapt, or create derivative works of any Lecturio Materials; (c) rent, lease, loan, resell, transfer, sublicense, distribute, disclose or otherwise provide any Lecturio Materials to any third party; (d) decompile, disassemble or reverse-engineer any Lecturio Materials, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in any Lecturio Materials, except to the extent expressly permitted by applicable law notwithstanding a contractual prohibition to the contrary; (e) provide to any third party the results of any benchmark tests or other evaluation of any Lecturio Materials without Lecturio’s prior written consent; (f) attempt to disable or circumvent any license key or other technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any Lecturio Materials; (g) remove or obscure any copyright, trademark, patent, or other proprietary notices, legends or symbols from any Lecturio Materials; (h) exceed the designated number of Users; or (i) otherwise access or use any Lecturio Materials except as expressly authorized in these T&Cs. In addition,

1. Attack the Services via a denial-of-service attack of any kind.
2. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services. 
3. Engage in the systematic retrieval of Content.
4. Use electronic content from the Services to test, process, analyse, train, generate output from, or develop any form of artificial intelligence or machine learning tool or software, engage in unauthorized “scraping” or spidering or harvesting of information or Content or use any unauthorized means to compile information

9. User Input and Community Terms

(1) The User grants Lecturio the non-exclusive, sublicensable, royalty-free, non-terminable, spatially and temporally unrestricted right to use, modify, and display comments and forum posts on the websites, social networks and/or in the Services of Lecturio (hereinafter “User Contributions”), for purposes of reference advertising (online and offline). The right of use shall remain in effect even after termination of the User’s rights and membership hereunder.

(2) Where an Organization or User creates, uploads, or inputs proprietary content (including but not limited to custom training materials, simulations, assessments, and associated data) through the Services (“Customer Content”), such Organization or User retains all rights, title, and interest in and to such Customer Content. The Organization or User ensures that it does not violate any applicable law or these Terms and holds all rights, licenses, and permissions needed to create, upload, or input such Customer Content. The Organization or User hereby grants Lecturio a limited, non-exclusive, and royalty-free license under its intellectual property rights to access and use the Customer Content solely as necessary for Lecturio to provide the Services. For the avoidance of doubt, Customer Content does not include Lecturio’s platform-generated outputs, templates, AI models, or any Lecturio Materials.

(3) Users with administrative rights to an academy platform who upload Customer Content for their learners in an institution retain, to the extent they own such content, both the ownership of and the responsibility for such content. Lecturio acts merely as a data processor for such content and, to the extent permitted by applicable law, disclaims any responsibility thereunder.

(4) Lecturio offers Services that make use of artificial intelligence (AI) technology and machine learning. To the extent required by applicable law, these Services are labelled as such.

(5) An Organization or User may provide Customer Content to AI-enabled Services and receive output generated by the Services based on such Customer Content (“Customer Content AI Output“). As between the Organization or User and Lecturio, and to the extent permitted by applicable law, the Organization or User retains its ownership rights to the extent that the underlying Customer Content is retained within the Customer Content AI Output, and permits the User to fully use the Customer Content AI Output.

Due to the nature of artificial intelligence, output may not be unique, and other users may receive similar output; other users might receive similar or identical outputs for common prompts, and those matching outputs do not belong to you. The Organization and User agree that it is solely responsible for evaluating the output for accuracy, appropriateness, and potential infringement on third-party rights. Lecturio may use Customer Content AI Output to provide, maintain, develop, and improve its Services, comply with applicable law, enforce its terms and policies, and keep the Services safe.

(6) Where an Organization or User uses AI-enabled Services to generate output based on Lecturio Materials (including but not limited to Lecturio’s proprietary courses, content libraries, assessments, and platform data) (“Lecturio Content AI Output“), Lecturio retains all rights, title, and interest in and to such Lecturio Content AI Output. The Organization or User is granted a limited, non-exclusive, non-transferable, and revocable license to use such Lecturio Content AI Output solely within the Services and in accordance with these Terms. For the avoidance of doubt, the Organization or User may not reproduce, distribute, sublicense, or otherwise exploit Lecturio Content AI Output outside the Services without Lecturio’s prior written consent.

(7) When using AI-enabled Services, the Organization or User understands and agrees that:

(a) AI Output may not always be accurate, or complete nor adequately updated. The Organization or User should not rely on Output as a sole source of truth or factual information, or as a substitute for professional advice.

(b) The Organization or User must evaluate AI Output for accuracy and appropriateness for their use case, including using human review as appropriate, before using or sharing Output.

(c) The Organization or User must not use any AI Output relating to a person for any purpose that could have a legal, material, or other impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, clinical, diagnostic, treatment, or other important decisions about them.

(d) AI Output may be incomplete, incorrect, or offensive and does not represent Lecturio’s views. References to third-party products or services in AI Output do not imply endorsement of or affiliation with Lecturio.

(8) Lecturio reserves the right not to register the User and/or not to publish his content, information and/or other messages or data on the websites or in the services of Lecturio for any reason, including without limitation, if facts exist that give rise to justified doubts about compliance with the statutory provisions and/or these T&Cs in all its sections. Lecturio has no influence on content that Users bring into the websites or services of Lecturio, and in particular does not check them for legal conformity, completeness, conclusiveness, or timeliness.

(9) LECTURIO DOES NOT REVIEW ALL COMMUNICATIONS OR MATERIALS POSTED OR UPLOADED TO ITS COMMUNITY BOARDS OR FORUMS OR TO ITS SERVICES BY USERS AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY COMMUNICATIONS. However, Lecturio reserves the right, after being notified by a third party or otherwise, to block or remove communications, materials, individuals, or your access, where it determines, in Lecturio’s sole discretion, to be:

• in violation of Lecturio Community Site rules and/or T&Cs;
• abusive, libelous, defamatory, obscene, offensive and/or harmful;
• fraudulent, deceptive, or misleading;
• in violation of a copyright or trademark, other intellectual property right of another;
• offensive, discriminatory, not politically coloured or otherwise unacceptable to Lecturio and its mission statement;
• violate the rights of other Users or third parties or applicable law;
• violation of the regulations of the German Art Copyright Act, the EU GDPR (General Data Protection Regulation) and the German Data Protection Act;
• threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
• falsely purporting to be an employee or agent of Lecturio;
• falsely purporting to be a moderator of any content between Users;
• any protected health information (“PHI”) subject to the Health Insurance Portability and Accountability Act (“HIPAA”), as amended and supplemented, or any similar legislation in any other jurisdiction, including without limitation use of the electronic content or the Services in a clinical or diagnostic setting submission, use or input in the Service of any “Protected Health Information” or “PHI.
• special categories of personal data as enumerated in European Union Regulation 2016/679 (General Data Protection Regulation), Article 9(1), or any similar legislation or regulation in any other jurisdiction, except to the extent expressly authorized in a separate written agreement between Lecturio and the Organization;
• credit, debit, or other payment card data subject to PCI DSS or any other payment card industry data security standards;
• any other data category that requires specific security measures or regulatory compliance beyond the standard protections provided by the Services, unless a separate written agreement between Lecturio and the Organization expressly authorizes such submission.

Lecturio shall have no liability for any claims, losses, or damages arising from the User’s or Organization’s submission of prohibited data types in contravention of this Section 17. The User and Organization shall indemnify Lecturio against any such claims in accordance with the indemnification provisions of these T&Cs.

(10) ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION PROVIDED ON OR THROUGH LECTURIO FORUMS, COMMUNITY BOARDS OR SERVICES SHOULD NOT BE CONSTRUED AS PROFESSIONAL OR MEDICAL ADVICE OR INSTRUCTION.

All content or materials posted on or shared through Lecturio Forums or community boards or Services are the sole responsibility of the user. Lecturio shall assume no liability or responsibility for user-posted materials, including, but not limited to, copyright violations or defamatory statements. Although Lecturio has no obligation to screen, edit or monitor of the above data or content, Lecturio reserves the right to delete or remove such data or content at any time and for any reason.

(11) Content and materials posted by Users and third parties, and links or downloads thereof, reflect only the views of their authors and do not necessarily reflect those of Lecturio. Furthermore, Lecturio makes no warranties or representations that users will not find such content and materials inappropriate or offensive.

10. Revocation Policy & Revocation Form for Users

Sections 10(1) through (3) apply to Users and Organizations in Germany.

(1) Users are legally entitled to a right of revocation (§§ 312g, 355 ff. BGB – German Civil Code) when concluding distance contracts against payment, unless this right is excluded or has expired. 

(2) A User is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. 

(3) More information on the revocation policy and form can be found here.

11. Term, Termination

1) Where the User is a no charge (free) account (“Free Account”), the term is for an indefinite period of time and, in addition to termination and suspension provisions in these T&Cs, can be terminated by either party at any time without notice.

(2) Additional fee-based functions and applications contracted by the User shall end upon expiry of the term booked, unless they are automatically extended or terminated prematurely for other reasons as provided in these T&Cs. In the event of termination of the additionally booked fee-based functions and applications, these functions shall remain available to the User until the expiry of the term, as may be extended. An upgrade is possible at any time.

(3) Lecturio’s right to terminate or suspend the Account in accordance with these T&Cs, as well as for good cause in accordance with the statutory provisions pursuant to applicable law, shall remain unaffected in each case.

(4) All fees paid are non-refundable, including without limitation upon termination, expiration, or suspension, and all fees due and payable upon termination, expiration, or suspension shall be paid in full.

(5) Upon termination of an Account or of these T&Cs, all licenses granted by Lecturio to use the websites or the Services will automatically terminate, and all data and content that were inputted or added by the User or Organization in the terminated Account to the extent retained may be retained or deleted by Lecturio. The User and the Organization are responsible for exporting all data on termination or expiration of the Account.

12. User Obligations, Prohibited Actions

(1) The User is obliged to act with utmost care when using the websites or Services and to consider all of the special risks associated with the use of the Internet. 

(2) The User shall, in particular, but not exclusively, be subject to the following duties of care: 

1. Securing the data transfer to the websites or Services;
2. “Logout” before leaving the website or Services;
3. Refrain from actions that could result in an unreasonable or excessive load on the websites or Services or the underlying infrastructure, e.g., the introduction or use of malware or any intended or unintended denial of service attacks;
4. Maintaining the secrecy of the access data to the account;
5. Provide regular updating and checking of the information and data on the User stored in the Account, in particular, contact data such as the e-mail address, as well as immediate correction of outdated, incomplete, misleading, or incorrect information by notifying Lecturio.

(3) The User shall inform Lecturio immediately and in text form about an unauthorized use of his account or a security breach, e.g., by e-mail to support@lecturio.com.

13. Copyright Ownership and Permitted Use

(1) Unless otherwise indicated, the content available through the Services including, without limitation, text, videos, photographs, logos, audio, images, applications, programs, and graphics and other educational content and the Service and its components is protected by copyright and other intellectual property rights and may be used only in accordance with copyright and other applicable laws. All rights in the above and the educational content, the Service, and its components are reserved to and are owned by us or our licensors.

(2) You may not scrape, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, or create derivative works from, including with artificial intelligence tools, or in any way exploit any part of the Content except that you may make use of the Content for your own personal, non-commercial use, provided you keep intact all copyright and other proprietary rights notices.

YOU MAY NOT USE CONTENT TO TRAIN AI MODELS OR USE CONTENT FOR OTHER PURPOSES SUCH AS TRAINING A MACHINE LEARNING OR ARTIFICIAL INTELLIGENCE MODEL, WITHOUT EXPRESS PERMISSION OF LECTURIO.

(3) You may link to the educational content to learning management and similar platforms for internal use only, provided you do so in a lawful manner, does not circumvent our access controls, is not used for any commercial use, is not displayed or used publicly, and does not suggest any form of association, approval, or endorsement by us.

(4) Lecturio respects the intellectual property ownership rights of others. If you believe your work has been reproduced in a way that constitutes copyright infringement, please notify us by following the instructions in our notice about making claims of copyright infringement to the Copyright Agent. 

You may contact our agent designated to receive notice of claims of copyright infringement in the United States as follows:

DMCA Notice – Lecturio
Executive Counsel PLC,
2883 Macao Drive,
Herndon VA 20171 USA
Attn: Nelson Blitz.
+1-703-391-1188
Email: nblitz@exec-counsel.com 

14. Trademark Ownership

All trademark rights in the product names, trade names, logos, service marks, trademarks, trade dress, and designs available through the Services, including, without limitation, Lecturio, SimTutor, SimTics, and Healer, are the exclusive property of Lecturio and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international laws. Nothing stated or implied in the Services confers on you any license or right to use or misuse these trademarks or materials. In addition, the Organization hereby gives consent for Lecturio to display the name, brand, insignia, or symbols of the client on its website and other materials as a user of the Services, with any press releases to be coordinated with the Organization.

15. Measures; Denial of Access

(1) If Lecturio has a good faith belief that a User has violated applicable law, third-party rights, or these T&Cs, or if Lecturio has another legitimate interest (e.g., protecting other Users), Lecturio may take one or more of the following measures:

1. Warning;
2. Delay or denial of registration or activation of the account; 
3. Deletion of the User’s content;
4. Restriction of use of the websites and/or services provided by Lecturio;
5. Exclusion – temporary or final – from the use of the websites and/or services (blocking).

(2) After a User has been denied access, there is no entitlement to restoration of the blocked account or to any refunds.

(3) After the final blocking, the User is only allowed to log in or register again on the websites or in the services of Lecturio after prior written approval by Lecturio. Lecturio decides on the renewed admission of the User at its own discretion.

(4) If Lecturio does not take any measures regarding a violation of these T&Cs committed by the User, Lecturio does not waive the right to take measures regarding current, future, or similar violations.

16. Communication with Lecturio

(1) Communication with Lecturio is primarily in text form. Lecturio reserves the right to communicate with the User electronically in different ways, in particular by email, by text messages, by API (Application Programming Interface), by in-app push messages as well as by means of electronic messages on the websites or services or in the app; this applies if the User has provided Lecturio with corresponding contact data and has not expressly objected to the electronic communication channels selected by Lecturio.

(2) All consents, notifications, publications, and other communications that Lecturio communicates to the User electronically do not require the statutory written form, unless mandatory legal provisions require a different form of communication in individual cases.

17. Disclaimer of Warranties

(1) The Services are intended for educational, research, self-study, and reference purposes only. The Services are not intended to substitute for the exercise of professional judgment by the user, including with respect to any clinical or diagnostic uses. The intended use of the Services is of an exclusively academic nature and serves only for the purposes of knowledge and information exchange, for learning and training purposes, as well as for the discussion of fictitious cases. Medical science and clinical practice are ever-changing. Users are advised to confirm the information available from the Services through independent and third-party sources. The information available through the Services should not be substituted for the advice or judgment of a qualified health care professional. Do not disregard or avoid professional medical advice or delay seeking it because of materials made available through the Services. Lecturio makes no warranty that the operation of the Services will be uninterrupted or error-free, or as to the accuracy, completeness, suitability, or result obtained from the use of the Services or any content included therein. All statements and opinions expressed through the Services are the opinions and responsibility of the person or entity providing those materials.

(2) The websites and services of Lecturio have only a supporting function in the preparation for intermediate or final exams. They do not aim to replace the User’s learning as such. In particular, Lecturio does not guarantee the successful completion of exams of any kind. In particular, any learning recommendations and/or weightings by experts do not replace adequate preparation for intermediate and/or final examinations (training, university) and specialist examinations.

(3) Owing to technical failures, routine maintenance, or other unforeseen circumstances, availability may be limited and Lecturio will not be responsible for the non-availability of the Services. Lecturio reserves the right to modify, suspend, discontinue, or restrict access to all or any part of the Services at any time. Lecturio does not assume any liability for malfunctions.

(4) Subsection (4) applies for Users and Organizations in the United States and Canada, and to the extent that the disclaimers of warranties herein are permitted by applicable law, otherwise the statutory provisions on warranty shall apply.

YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. LECTURIO DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. LECTURIO MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICE OFFERINGS DISPLAYED ON OR OFFERED THROUGH A SERVICE IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, TIMELY, OPERATIONAL, ERROR FREE, SECURE, SAFE, OR THAT THE SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE THE SERVICES. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

(5) In the event that Lecturio determines it necessary to remedy a fault, the specific manner of remedying disruptions shall be at the sole discretion of Lecturio. The User is obliged to support Lecturio free of charge in narrowing down the causes of malfunctions to a reasonable extent. Any fault reports shall be sent exclusively to this e-mail address: support@lecturio.com or via the corresponding report function in the support area of the respective website

Where Lecturio is supporting the remedy of a malfunction, the User shall provide the following information within the scope of his malfunction report, if possible and reasonable for him:

1. comprehensive description of the fault that has occurred,
2. Date and time of the fault that occurred,
3. Indication of the function(s) affected and the operation(s) performed during which the malfunction occurred, 
4. Precise description of the end device, operating system (e.g., iOS, Android), the selected channel (app, mobile or desktop application), as well as the browser type and version used when the fault(s) occurred, as well as a valid e-mail address at which the User can be reached for any queries.

18. Warranty; Limitation of Liability 

(1) Subsection (1) applies for Users and Organizations that are not in the United States and Canada and to the extent that the provisions herein are not permitted by applicable law.

(a) The statutory provisions on warranty shall apply.

(b) Unless otherwise stated in these terms and conditions, including the following provisions, Lecturio is liable for a breach of contractual and non-contractual obligations under the statutory provisions. 

(c) Lecturio is liable for damages – regardless of the legal reason – within the scope of fault liability in case of intent and gross negligence. In case of simple negligence, Lecturio is liable subject to a milder standard of liability according to the statutory provisions (e.g., for diligence in own affairs) only

1. for damages resulting from injury to life, body or health,
2. for damages resulting from a not insignificant breach of a material contractual obligation (obligation, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the other party regularly relies and may rely); in this case, however, the liability of Lecturio is limited to the compensation of the foreseeable, typically occurring damage.

(d) The above limitations of liability also apply to breaches of duty by or in favor of persons whose fault Lecturio is responsible for according to statutory provisions. They do not apply if Lecturio has fraudulently concealed a defect or is liable according to mandatory legal regulations. 

(e) Lecturio links from its websites and services to external websites. Through these so-called “hyperlinks” the User is directed to the external website. Lecturio has no influence on the information of the external websites. Therefore, Lecturio cannot be held liable for the topicality, correctness, and completeness of the contents of the external websites. Lecturio assures, however, that at the time of setting the link, no legal violations were known to it and that it has checked the external websites within reasonable limits. If Lecturio becomes aware of the illegality of the linked content, the corresponding link will be removed immediately.

(2) Subsection (2) applies for Users and Organizations that are in the United States and to the extent that the provisions herein are permitted by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, IN NO EVENT SHALL LECTURIO (INCLUDING ANY OF ITS PARTNERS, PARENT COMPANY, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, MEMBERS, EMPLOYEES, CONTRACTORS, SUCCESSORS, OR ASSIGNEES AND THIRD-PARTY SERVICE PROVIDERS) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, HEIRS OR ASSIGNEES) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SERVICES, FOR ANY DAMAGE TO YOUR COMPUTER OR DATA, ANY DAMAGES ASSOCIATED WITH THE LOSS OF YOUR PERSONAL INFORMATION OR ANY OTHER DAMAGE OR ECONOMIC LOSS YOU MAY INCUR ENSUING FROM OR IN CONNECTION WITH (A) THE SERVICES; OR (B) YOUR SUBMISSION OF PERSONAL OR OTHER INFORMATION THROUGH THE SERVICES, EVEN IF LECTURIO OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO A MAXIMUM AMOUNT OF THE GREATER OF THE AMOUNT PAID BY YOU TO LECTURIO OR $100.

THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS OF USE, IN SUCH CASES, THE LIABILITY OF LECTURIO WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

19. Indemnification

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Lecturio, including its partners, affiliates, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third-party service providers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) use or application of any content or the Services in a clinical or diagnostic setting, or submission, use or input in the Service of any “Protected Health Information” or “PHI” or PII or other data protected by applicable law; (c) your breach of these T&Cs; or (d) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any claim. We will provide you with notice of any such claim, suit or proceeding.

20. Arbitration, Class-Action Waiver and Jury Waiver.

This Section 20 applies for Users and Organizations that are in the United States.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Waiver of Jury Trial

LECTURIO AND YOU EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL DISPUTES, EXCEPT FOR DISPUTES RELATING TO THE ENFORCEMENT OR INFRINGEMENT OF YOUR OR OUR INTELLECTUAL PROPERTY RIGHTS (SUCH AS COPYRIGHTS, TRADEMARKS, DOMAINS, LOGOS, TRADE DRESS, TRADE SECRETS, AND PATENTS). Such disputes include those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration, which is typically more limited, more efficient, and less costly than rules applicable in court, and are subject to very limited review by a court. Lecturio and you agree not to combine a dispute that is subject to arbitration under these T&Cs with a dispute that is not eligible for arbitration under these T&Cs.

Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.

21. Data Protection 

The contracting parties shall observe the requirements of data protection law. Registration data and other information about you and your use of the Services are subject to Lecturio’s Privacy Policy: https://www.lecturio.com/dataprotection/. The data privacy policy and DPA can be updated from time to time by Lecturio on written notice through the Service.

22. Changes to the T&Cs 

(1) Lecturio reserves the right to modify or amend the T&Cs at any time.

(2) The User or Organization will receive written notice of any modifications or amendments in a timely manner in text form to the contact information provided by the User or Organization; Lecturio will notify the User or Organization of the associated implementation date. 

(3) If the User or Organization does not object to the modifications or amendments within the period stated in the announcement or notification, the modifications or amendments shall be deemed accepted by the continued use of the websites or services of Lecturio. 

(4) Other than modifications of the data privacy policies or DPA or requirements necessitated by change in Applicable Law, if the change is materially detrimental to the User or Organization, the User may reject the changes within [30] days of receiving written notice through the Service. In such case, the previously applicable Terms shall continue to govern the User’s use of the Services.

23. Online Dispute Resolution

(1) Lecturio is required under Regulation (EU) No 524/2013 of the European Parliament and of the Council to provide information about the European Commission’s online User dispute resolution service. It can be reached using this link: https://ec.europa.eu/consumers/odr/. Further information is available there. For initial questions about a possible dispute resolution, Lecturio is available at the e-mail address listed in the website imprint.

(2) Lecturio further points out that Lecturio has no obligation under the User Dispute Resolution Act to participate in dispute resolution proceedings before User arbitration boards and that such an obligation has not been voluntarily assumed. 

(3) All disputes arising out of or in connection with this contract or its validity shall be finally settled in accordance with the Arbitration Rules of the German Arbitration Institute (DIS) without recourse to the ordinary courts of law.

(4) The arbitral tribunal shall be comprised of a “sole arbitrator”.

(5) The seat of the arbitration is Leipzig, Germany.

(6) The language of the arbitration shall be German.

24. Final Provisions

Subsections 1 and 2 does not apply for Users and Organizations that are in the United States. 

(1) The contractual and business relations of the contracting parties shall be governed by the laws of the Federal Republic of Germany with regard to all components, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG); the provisions of these T&Cs shall be interpreted and construed in accordance with the laws of the Federal Republic of Germany. In the case of Users, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the User’s habitual residence is not revocation as a result.

(2) If the User is not a consumer, but a merchant, a legal entity under public law or a special fund under public law, or if the User has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all disputes arising from the business relationship between the contracting parties shall be, at the discretion of Lecturio, Leipzig or the registered office of the User However, in these cases Leipzig is the exclusive place of jurisdiction for lawsuits against Lecturio. The same applies if the User does not have a general place of jurisdiction in Germany or the EU, or if the User’s domicile or usual place of residence is unknown at the time the action is filed. This shall not affect the right to bring an action before the court at another statutory place of jurisdiction. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision. This subsection (2) is subject to the arbitration provisions of these T&Cs.

(3) Subsection 3 applies for Users and Organizations that are in the United States. 

A User’s or Organization’s access and use of the Services, these T&Cs, and all actions contemplated by these T&Cs shall be governed by the laws of the United States of America and the State of Delaware as if these T&Cs were an agreement wholly entered into and wholly performed within the State of Delaware. The exclusive jurisdiction for any claim or action arising from or relating to these T&Cs or the use of the Services (except where arbitration is specified) shall be with the state or federal courts located in the State of Delaware, USA.

(4) The language of these T&Cs is English and no translations shall be used to interpret or determine any meaning.

(5) Sections 1, 7, 8(2), 9, 11, 13, 14, 17 through 20, 23 and 24 shall survive any termination or expiration of the T&Cs.

(6) The provisions of these T&Cs are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.