Terms and Conditions of Use
for the Medioora Platform
1. Provider
The provider of the Medioora Platform is:
MEDtech Ingenieur GmbH
Am Weichselgarten 7
91058 Erlangen
Germany
Email: info@medtech-ingenieur.de
2. Scope
(1) These Terms and Conditions of Use apply to all contracts between MEDtech Ingenieur GmbH (“Provider”) and its customers regarding the use of the Medioora Platform.
(2) The Services are intended exclusively for business customers acting in the course of their trade, business, or profession, including businesses within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law.
(3) Any conflicting or deviating terms of the Customer shall not apply unless the Provider has expressly agreed to them in writing.
3. Subject Matter of the Contract
(1) Medioora is a web-based platform for:
- Software-as-a-Service (SaaS) services,
- digital learning content,
- training,
- documentation,
- collaboration and knowledge management functions.
(2) The specific scope of services is defined by the respective service description on the Platform or by individual agreements.
(3) The Provider may further develop, modify, or adapt content, functions, and technical components, provided that no material contractual obligations are impaired.
4. Registration and User Account
(1) The use of certain functions requires the registration of a user account.
(2) The Customer is required to provide complete and accurate information during registration.
(3) Access credentials must be kept confidential and protected against unauthorized access by third parties.
(4) The Customer is responsible for all activities conducted through its user account, provided that the Customer is responsible for the misuse.
(5) The Provider may temporarily suspend or permanently delete user accounts in the event of violations of these Terms and Conditions.
5. Free and Paid Services
(1) The Platform may contain both free and paid services.
(2) The scope, prices, and terms of paid services are determined by the current information on the Platform or by individual offers.
(3) Paid subscriptions renew automatically for the agreed billing period unless terminated in due time.
6. Payment Terms
(1) Billing is generally carried out by invoice or direct debit.
(2) Invoices are payable within 14 days of issuance without deduction unless otherwise agreed.
(3) In the event of late payment, the Provider is entitled to:
- charge statutory default interest,
- temporarily restrict services,
- suspend access to the Platform.
7. Term and Termination
(1) Contracts for paid services run for the agreed minimum term.
(2) Unless otherwise agreed, subscriptions may be terminated with 14 days’ notice before the end of the respective contract term.
(3) The right to terminate for cause remains unaffected.
(4) Termination notices must be submitted in writing, including by email.
8. Rights of Use
(1) All content, software components, documentation, courses, and other materials on Medioora are protected by copyright.
(2) The Customer receives a non-exclusive, non-transferable, limited right to use the Platform for the duration of the contractual relationship.
(3) Distribution, reproduction, public disclosure, sublicensing, or making the Platform available to third parties is prohibited without the Provider’s express consent.
9. User Content
(1) Users may only upload content if they possess the necessary rights.
(2) Uploading unlawful, offensive, discriminatory, infringing, or malicious content is prohibited.
(3) The Customer grants the Provider a non-exclusive licence to use Customer content to the extent necessary for operating and providing the Platform.
(4) The Provider may remove unlawful content or content violating these Terms and Conditions.
10. Acceptable Use
(1) The Customer shall not use the Platform in a manner that violates applicable law, infringes third-party rights, or compromises the security, integrity, or availability of the Platform.
(2) In particular, the Customer shall not:
- attempt to bypass security mechanisms,
- perform penetration tests or vulnerability scans without prior written consent,
- reverse engineer, decompile, or otherwise attempt to derive source code, except where permitted by mandatory law,
- resell, sublicense, or make user accounts available to unauthorized third parties,
- upload malware or other harmful code.
11. Platform Availability
(1) The Provider strives to ensure that the Platform is available with as little interruption as possible.
(2) Maintenance work, security updates, or technical disruptions may temporarily limit availability.
(3) Continuous and completely error-free availability is not guaranteed unless expressly agreed in a separate service level agreement.
12. Liability
(1) The Provider shall have unlimited liability:
- in cases of intent,
- gross negligence,
- injury to life, body, or health,
- under the German Product Liability Act.
(2) In cases of ordinary negligence, the Provider shall only be liable for breaches of material contractual obligations and only for foreseeable damages typical for the contract.
(3) Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely.
(4) Unless mandatory law provides otherwise, the Provider’s aggregate liability shall be limited to the fees paid by the Customer for the affected services during the twelve (12) months preceding the event giving rise to the claim.
(5) Any further liability is excluded.
(6) The Provider does not warrant that the Platform is suitable for specific economic, technical, or regulatory purposes of the Customer unless expressly agreed.
(7) The Customer remains solely responsible for the professional review, validation, and regulatory compliance of its content, documentation, development processes, and use of the Platform.
13. Data Protection
Personal data shall be processed in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR), and the Platform’s Privacy Policy. Where required, the parties shall enter into a separate data processing agreement.
14. Changes to Services and Terms
(1) The Provider may amend these Terms and Conditions where there is a legitimate reason for doing so, including changes in law, technical developments, or changes to the Provider’s services.
(2) Changes shall be communicated to the Customer at least 30 days before taking effect.
(3) If the Customer does not object within 30 days of notification, the changes shall be deemed accepted, provided that the Provider has informed the Customer of this consequence in the notification.
(4) If the Customer objects to the changes, either party may terminate the affected services with effect from the date on which the changes would otherwise take effect.
15. Confidentiality
(1) Both parties undertake to keep confidential information of the other party secret and to use such information only for the purposes of the contractual relationship.
(2) Confidential information does not include information that:
- is or becomes publicly available without breach of this agreement,
- was lawfully known to the receiving party before disclosure,
- is independently developed without use of confidential information,
- must be disclosed by law, court order, or competent authority.
(3) This confidentiality obligation continues after termination of the contractual relationship.
16. Force Majeure
Neither party shall be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, terrorism, labour disputes, governmental measures, power outages, internet disruptions, or failures of third-party service providers, provided that the affected party takes reasonable steps to mitigate the impact.
17. Governing Law and Jurisdiction
(1) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising out of or in connection with this contractual relationship shall be Erlangen, Germany, to the extent permitted by law.
18. Final Provisions
(1) Should any provision of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
(2) Side agreements must be made in writing.