Terms and Conditions

§ 1 Scope of Application

1. 1.1 These General Terms and Conditions (hereinafter "Terms") apply to all contracts regarding the use of the digital learning and continuing education platform MEMEDU (hereinafter "Platform"), which are concluded between memedu GmbH, In den Weingärten 29, 61206 Wöllstadt (hereinafter "Provider") and the user (hereinafter "Customer").
2. 1.2 The Terms apply to both consumers and entrepreneurs, unless expressly stated otherwise.
3. 1.3 Deviating, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity in writing.

§ 2 Subject of the Contract

1. 2.1 The Provider makes available to the Customer a digital platform for medical education and continuing education. The platform enables:
• The organization and participation in spontaneous learning units ("Spontys")
• Access to teaching materials and educational content
• Networking with other learners and teachers
• Documentation of learning progress
• Individual learning paths and competency management
2. 2.2 The specific scope of services depends on the plan chosen by the Customer (Free, Basic, Pro, Premium or Small, Medium, Large for institutions).
3. 2.3 The Provider additionally provides consulting services and individual software development according to separate agreement.

§ 3 Registration and Contract Conclusion

1. 3.1 Use of the platform requires registration. The Customer is obligated to provide truthful and complete information during registration.
2. 3.2 By submitting the registration form, the Customer makes a binding offer to conclude a usage contract. The Provider may accept this offer by sending a confirmation email or by activating the user account.
3. 3.3 For paid plans, the contract is concluded upon receipt of payment or successful payment authorization.
4. 3.4 The Provider reserves the right to reject registrations without stating reasons.

§ 4 Services and Availability

1. 4.1 The Provider provides the platform with an availability of 95% on an annual average. This excludes necessary maintenance work.
2. 4.2 The Provider is entitled to further develop the platform and change functions, provided this is reasonable for the Customer.
3. 4.3 For free accounts (Free Plan), there is no entitlement to specific functions or availability.
4. 4.4 The Provider is entitled to temporarily block access to individual functions if there is suspicion of misuse.

§ 5 Prices and Payment Terms

1. 5.1 Current prices are listed on the website. All prices are subject to applicable VAT.
2. 5.2 Billing is done monthly, semi-annually, or annually in advance, depending on the selected plan.
3. 5.3 Payment is made via SEPA direct debit, credit card, or through the payment service provider Stripe. The Customer authorizes the Provider to collect the amounts due.
4. 5.4 In case of payment default, the Provider is entitled to block access to the platform and charge default interest at the statutory rate.
5. 5.5 The Provider reserves the right to adjust prices. These will be communicated to the Customer at least 6 weeks before they take effect. In case of price increases, the Customer has a special right of termination.

§ 6 Customer Obligations

1. 6.1 The Customer is obligated to keep their access data secret and protect it from unauthorized access.
2. 6.2 The Customer may only use the platform for their own purposes and within the framework of legal provisions.
3. 6.3 In particular, the following is prohibited:
• Sharing access data with third parties
• Uploading illegal or harmful content
• Using automated systems for data extraction
• Manipulation attempts or attacks on the platform
• Commercial use without appropriate license
4. 6.4 In case of violation of these obligations, the Provider is entitled to immediate blocking and extraordinary termination.

§ 7 Data Protection

1. 7.1 The Provider processes personal data of the Customer exclusively within the framework of legal provisions and the privacy policy.
2. 7.2 Data processing only occurs to the extent necessary for service provision, billing, and fraud prevention.
3. 7.3 The Customer can request information about their stored data at any time and request its deletion, provided no legal retention obligations prevent this.
4. 7.4 Further details are regulated in the separate privacy policy.

§ 8 Copyright and Usage Rights

1. 8.1 All platform content (texts, images, videos, software) is protected by copyright. Rights belong to the Provider or respective rights holders.
2. 8.2 The Customer receives a simple, non-transferable right of use for the duration of the contractual relationship.
3. 8.3 Reproduction, editing, or distribution of content is only permitted with express consent of the Provider.
4. 8.4 The Customer grants the Provider a simple right of use for self-created content for provision on the platform.

§ 9 Liability

1. 9.1 The Provider is liable without limitation for intent and gross negligence as well as for injury to life, body, or health.
2. 9.2 In case of slight negligent breach of essential contractual obligations, liability is limited to typical, foreseeable damage.
3. 9.3 Liability for data loss is limited to the typical recovery effort that would have occurred with regular data backup.
4. 9.4 The Provider assumes no liability for content created by other users.
5. 9.5 Liability under the Product Liability Act remains unaffected.

§ 10 Term and Termination

1. 10.1 Free accounts can be terminated at any time without notice.
2. 10.2 Paid plans have the following minimum terms and notice periods:
• Monthly plans: Minimum term 1 month, termination at end of month
• Semester plans: Minimum term 6 months, notice period 4 weeks
• Annual plans: Minimum term 12 months, notice period 3 months
3. 10.3 Without timely termination, the contract automatically renews for the respective term.
4. 10.4 The right to extraordinary termination for cause remains unaffected.
5. 10.5 Terminations require text form (email is sufficient).

§ 11 Right of Withdrawal for Consumers

§ 12 Final Provisions

1. 12.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
2. 12.2 For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
3. 12.3 If the Customer is a merchant, legal entity under public law, or special fund under public law, the place of jurisdiction is Frankfurt am Main.
4. 12.4 Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
5. 12.5 The Provider is entitled to change these Terms with a notice period of 6 weeks. If the Customer does not object within 2 weeks after receipt of the change notification, the changed Terms are considered accepted.