1. Contractual Partners and Scope
1.1. The following Terms of Use apply between
AMBOSS GmbH
Torstrasse 19
10119 Berlin,
represented by its managing directors Benedikt Hochkirchen, Dr. med. Madjid Salimi, Dr. med. Nawid Salimi, registered in the Commercial Register of the Local Court of Berlin (Charlottenburg) under HRB 209607 (hereinafter: "AMBOSS GmbH") and the respective authorized user, who makes use of information and services on the Internet portal www.amboss.com including all sub-pages, insofar as the use of the same requires registration of the authorized user (hereinafter: "authorized user") (hereinafter: "services"). This agreement with users is governed by these Terms of Use ((referred to hereinafter as “user agreement”).
If special conditions for individual uses of the services offered via www.amboss.com deviate from the following Terms of Use, this will be indicated at the appropriate place within the website. In the respective individual case, the special Terms of Use shall then apply additionally.
1.2. AMBOSS GmbH is the rights holder, provider and operator of the online knowledge and learning program "AMBOSS" (hereinafter: "AMBOSS"), which it has developed and which it makes available on the internet platform www.amboss.com, in particular to doctors, medical students and others working in the healthcare sector. All information provided on AMBOSS refers to the medical standard in the United States, i.e. the standards stated, e.g. on diagnostic and/or therapeutic procedures, may differ in other countries. Similarly, all information provided on AMBOSS regarding the use of certain commercial medicinal products relates to the regulatory approval status of the respective medicinal product in the United States. In other countries, the respective approval status may differ.
1.3. The professional editorial team of AMBOSS consists of a large number of medical professionals with different levels of experience and from different medical specialties. With high frequency, new and/or updated content is added to the AMBOSS database by this editorial team in a structured, collaborative process and thus made available to authorized users. All content is subject to a multi-stage internal peer review process, which checks all publications for scientific up-to-dateness, consistency and comprehensibility. Although this process is carried out with reasonable care, the AMBOSS database - simply because of the abundance of new medical information - cannot contain a comprehensive, up-to-date representation of all medical information.
1.4. The information contained in AMBOSS does not constitute binding diagnostic, treatment and therapy suggestions. Diagnostic, treatment and therapy decisions as well as other patient care decisions derived from the use of AMBOSS are the sole responsibility of the respective user. The use of AMBOSS does not release users from their obligation to make decisions on their own responsibility on the basis of the current state of science and research. In this respect, the information contained in AMBOSS must be reviewed in relation to each specific individual case, taking into account the individual patient characteristics.
1.5. If users display a translation of AMBOSS content within the platform in a language other than the English-language version of the AMBOSS content, they will display an automated translation using the API of DeepL. The translated content is not part of the AMBOSS knowledge and learning program. AMBOSS itself does not carry out the translation and cannot check the translated content. In particular, AMBOSS does not carry out any medical review. The machine-translated content does not fulfil the due diligence and quality standards of AMBOSS. Translation errors cannot be expressly excluded. The machine-translated content does not replace a translation by a linguistically competent specialist, which is recommended.
1.6. The following Terms of Use apply to the use of the AMBOSS GmbH Internet platform including AMBOSS.
1.7. Some of the content made available at www.amboss.com can only be accessed after registration. In addition to various other free services, AMBOSS GmbH offers registered users services for a fee, in particular a medical knowledge network and learning access to fictitious examination papers.
1.8. When retrieving information from the website www.amboss.com, subsites, and other sides of AMBOSS GmbH and their subsides, you are prohibited from (a) using or attempting to use spiders, crawlers, bots, avatars, intelligent agents, data miners, or any other extraction or navigation search except for a normal browser; (b) aggregating, copying, scraping, or duplicating any of the materials, data, or information except for the small amount temporarily required for an ordinary single use of the Website; and (c) accessing, gathering, or otherwise retrieving data or information not intended for you.”
1.9. AMBOSS GmbH shall provide the aforementioned services exclusively on the basis of these Terms of Use. Deviating terms and conditions shall not be recognized unless there is express written confirmation from AMBOSS GmbH.
The following Terms of Use are subdivided as follows:
Part A: General Regulations for all Authorized Users of the Services Requiring Registration
Part B: Special Regulations for Authorized Users of the Fee-Based Services
Part A: General Regulations for all Authorized Users of the Services Requiring Registration
2. Subject of the contract
2.1. AMBOSS is a knowledge and learning program that includes, in particular, a database. AMBOSS is a network-based learning concept, in particular for students of human medicine, doctors and other health professionals, including fictitious examination questions that can be viewed and medical knowledge that can be learned with the help of a networked database of teaching content (hereinafter: "AMBOSS database").
2.2. AMBOSS GmbH shall provide authorized users with access to the English-language AMBOSS platform and its content via the Internet in accordance with the respective user agreement concluded, including these Terms of Use. If users display a translation of AMBOSS content in a language other than the original English version of the AMBOSS content within the platform, this is not AMBOSS content, but an automated translation that is not subject to AMBOSS’ control.
2.3. AMBOSS GmbH does not guarantee that AMBOSS can be used via the public transmission lines used by the authorized user and on the authorized user's own data communication devices.
3. Registration/Conclusion of contract
3.1. AMBOSS GmbH concludes contracts on the use of AMBOSS with universities, clinics or other bodies and companies in the healthcare sector (hereinafter: "contractual partners") who wish to enable their students and teachers of human medicine, or their doctors and other clinical staff (hereinafter: "authorized users") to have access to AMBOSS in accordance with the user agreement. The authorized users, the fee to be paid and the individual specification of the authorized users result from the contracts concluded between AMBOSS GmbH and the respective contractual partner. This does not initially establish a separate contractual relationship between AMBOSS GmbH and the authorized user.
3.2. The right of use is linked to the personal capacity that the authorized user is a registered student, employed teaching staff or employed staff of the contractual partner. If this capacity ends, the authorized user can himself/herself acquire a personal authorization to use AMBOSS.
3.3. Individuals have the option of concluding a user agreement with AMBOSS GmbH themselves as authorized users for access to AMBOSS by means of a personal usage authorization. In this case, the Special Regulations for Authorized Users of Fee-Based Services in Part B of these Terms of Use shall apply additionally. In the case of user agreements between individuals and AMBOSS GmbH concerning the use of AMBOSS, the individuals are authorized users and at the same time contractual partners within the meaning of these Terms of Use. The Special Regulations for Authorized Users of Fee-Based Services in Part B as well as individual contractual agreements between the individuals and AMBOSS GmbH shall take precedence over these General Regulations for all Authorized Users of the Services Requiring Registration in case of doubt.
3.4. AMBOSS GmbH shall allocate personal authorized user accounts to the authorized users. The authorized user accounts can be used by the authorized users during the term of the user agreement existing with the contractual partner. The authorized user must register in order to use the personal authorized user account.
3.5. Access to the use of a variety of the information and services provided on AMBOSS requires registration of the authorized user. Registration is free of charge. It takes place by opening a member account. Within the scope of registration, all mandatory fields must be completed in full by the authorized user. In addition, the authorized user has the option of adjusting his/her settings for use of the AMBOSS Network (cf. sec. 10). By confirming the registration button, the authorized user confirms the accuracy of the information provided, the validity of these Terms of Use and completes the registration. By completing the registration process, the authorized user makes an offer to conclude a contract on the use of AMBOSS on the basis of these Terms of Use. AMBOSS GmbH accepts this offer by activating the authorized user's account. This acceptance creates a free contractual relationship between the authorized user and AMBOSS GmbH.
3.6. The e-mail address of the authorized user will be verified during or after registration, if necessary.
3.7. The authorized user warrants that all data provided by him/her for registration is correct and complete. Furthermore, the authorized user is obliged to keep his/her data up to date at all times.
3.8. The choice of a password is required for registration. The confidentiality of the password as well as all activities carried out under his/her account are the sole responsibility of the authorized user. Passing on the password is not permitted.
3.9. There is no entitlement to registration. AMBOSS GmbH expressly reserves the right to refuse registration requests by not activating the corresponding authorized user account. In addition, AMBOSS GmbH is entitled to revoke the access authorization at any time by blocking the access data. AMBOSS GmbH shall not be obliged to inform the authorized user of the reasons for the rejection or revocation of the access authorization.
3.10. The authorized user can request the deletion of his/her registration at any time in writing or via the corresponding function on AMBOSS. In this case, AMBOSS GmbH will delete all authorized user data and all other stored personal data of the authorized user as soon as these are no longer required.
4. Rights of use
4.1. AMBOSS GmbH grants to the authorized user a simple, non-transferable right to use the contents of AMBOSS during the term of the user agreement concluded with the contractual partner. Sublicensing is not permitted. The right of use includes the use of the program on which the AMBOSS database is based, the use of the AMBOSS database as such and the learning content contained therein, in particular texts, images, graphics and charts.
4.2. Use under these Terms of Use includes loading, saving, displaying and visualizing the software, AMBOSS and AMBOSS content via the AMBOSS desktop version and the AMBOSS APPs (available for Android and iOS).
4.3. Any exploitation going beyond the aforementioned use for own use or for use by third parties, in particular lending, leasing, sale, duplication, distribution, making available to the public, broadcasting and processing of the contractual software, the AMBOSS database, the contents, the activation codes and the accesses is excluded. The authorized user is not authorized to use AMBOSS and the AMBOSS contents commercially in any form, for example by offering AMBOSS and the AMBOSS contents as a service to third parties. Copyright notices and brand names may neither be changed nor removed.
4.4. Program or database access to persons who do not belong to the group of persons defined in sec. 3.2 is not permitted. If the authorized user violates the provisions of this sec. 5 for reasons for which he/she is responsible, AMBOSS GmbH shall be entitled to block the authorized user's access to AMBOSS with or without notice. In the event of such a blocking AMBOSS GmbH may provide an alternative access at the request of the contractual partner.
4.5. The usage authorization expires irrespective of the term of the user agreement concluded with the contractual partner if the circumstance leading to the usage authorization (cf. sec. 3.1 and 3.2) ceases to apply, i.e. in the case of students due to de-registration of the student, in the case of teaching staff due to termination of their teaching activities with the contractual partner, in the case of doctors or other clinical staff due to termination of their employment relationship with the contractual partner. In this case, the authorized user can acquire a personal authorization to use AMBOSS.
4.6. Within the scope of the initial registration of the authorized user, the present Terms of Use as well as the data protection information can be viewed and archived.
5. Fee for the use
The use of AMBOSS by the authorized users is free of charge for them. The fee to be paid by the contractual partner results from the user agreement concluded with the contractual partner.
6. Copyright
AMBOSS as well as the individual contents of the AMBOSS database (tasks, solutions, comments and chapters) are – unless otherwise stated – protected by copyright and may only be used outside the scope of use stipulated in the user agreement, as defined by these Terms of Use, with the written permission of AMBOSS GmbH. The authorized user is obliged to observe the existing copyrights and undertakes not to infringe them. The authorized user may only retrieve, store and use the content for his/her own use for learning or further training purposes.
7. Obligations of AMBOSS GmbH / Availability
7.1. AMBOSS GmbH is obliged vis-à-vis the contractual partner, but not vis-à-vis the authorized user, to make AMBOSS available and accessible for use via the Internet. AMBOSS shall be stored on a server in such a way that it can be accessed by the authorized users via the Internet.
7.2. AMBOSS GmbH shall endeavor to achieve availability of AMBOSS around the clock. AMBOSS GmbH provides AMBOSS with an availability of at least 99.1 % based on the calendar year. This percentage refers to the period outside planned non-availabilities. Planned non-availabilities are the daily update and maintenance times provided for in sec. 8.3. Such restrictions shall not be taken into account when determining availability in accordance with this sec. 8.2.
7.3. AMBOSS GmbH shall carry out updates regularly. AMBOSS GmbH shall also carry out maintenance and inform the User thereof in good time, unless due to compelling reasons maintenance must be carried out immediately. During this time, AMBOSS may be temporarily unavailable or only available to a limited extent. Maintenance times indicated in good time shall not be deemed to be unavailability in accordance with sec. 8.2, provided they do not last longer than 60 minutes.
8. Warranty, reduction of the remuneration
8.1. In the event of a failure of the system outside of planned non-availabilities or in the event of defects occurring which considerably restrict the possibility of using AMBOSS, the contractual partner, but not the authorized user, is entitled to reduce or reclaim the remuneration - on a pro rata basis of 1/12 of the annual license fees in each case - for the calendar month in which the failure occurred in accordance with the following conditions:
In the event of a failure of more than
a. 6.5 hours per calendar month: 5 % reduction
b. 15 hours per calendar month: 12.5 % reduction
c. 24 hours per calendar month: 25 % reduction
d. 48 hours per calendar month: 50 % reduction
e. 72 hours per calendar month: 100 % reduction
of 1/12 (one twelfth) of the annual license fees according to the user agreement.
8.2. With each month of running time in which there is no reduction, the sum of 6.5 hours minus the downtime that actually occurred is credited as downtime credit. If downtimes occur later, these times are first deducted from the total downtime credit, i.e. the aforementioned percentage reduction only occurs if there is no sufficient downtime credit for the downtimes that occurred in the month.
8.3. The contractual partner may request the reduction as a refund or assert it by offsetting it against a subsequent annual license.
8.4. A warranty or reduction according to this sec. 9 is excluded for failures or disruptions due to force majeure (e.g. measures in the context of industrial disputes, strikes or lockouts, pandemics).
8.5. In all other respects, liability shall be governed by the limitations set forth in sec. 12 of these Terms of Use.
8.6. The authorized user shall not be entitled to any claims against AMBOSS GmbH due to failure of the system or AMBOSS.
8.7. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE, AMBOSS GMBH MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING ANY MATTER WHATSOEVER TO AUTHORIZED USER. AMBOSS GMBH SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY OF DATA, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR FROM USAGE OF TRADE.
9. AMBOSS network
9.1. AMBOSS GmbH provides users with the opportunity to present their own user profile and activities in the AMBOSS network and to contact and interact with other users. In doing so, it is possible to make various information (e.g. name, institution, department, field of study, etc.) retrievable and findable for other users and to network with other users. The user can activate or deactivate this service in his/her user profile by making all or individual data and information available to all or, if applicable, only certain users.
9.2. If the user wishes to network with another user on AMBOSS, he/she can submit a contact request on AMBOSS, which will be sent to the requested user in his/her user profile and/or by e-mail by AMBOSS. The requested user has the option of accepting or rejecting the request.
9.3. By registering or activating the AMBOSS network function, the user agrees to AMBOSS informing him/her a) by message in his/her user profile and/or b) by e-mail about contact requests from other users and forwarding him/her messages from accepted contacts.
10. Data protection
Information on data protection law with information on the processing of personal data when using AMBOSS as well as information on the rights of authorized users can be found at www.amboss.com/de/datenschutz and https://www.amboss.com/us/privacy.
11. Liability
11.1. The commentaries, chapter contents and other media content have been created with reasonable care. The release of new content also requires a multi-stage quality control. However, AMBOSS GmbH accepts no liability for the up-to-dateness, accuracy, completeness or quality of the information provided. This applies, for example, to information on procedures (esp. diagnostic and therapeutic algorithms), applications, forms of application and dosages. The same applies to the question of whether commercial preparations indicated in the context of therapy information may be used in the respective indication according to their approval status.
11.2. Despite reasonable examination in the case of a possible linking or embedding, AMBOSS GmbH is not liable for the contents of external pages. The operators of external sites are solely responsible for their content and availability, even if they are linked to or embedded in miamed.de and/or amboss.com and/or their subpages.
11.3. AMBOSS GMBH SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, OR OTHER INFORMATION PROVIDED THROUGH AMBOSS OR BY DELAYS IN OR INTERRUPTIONS OF ACCESS TO AMBOSS. IN NO EVENT SHALL AMBOSS GMBH BE LIABLE FOR ANY DIRECT (EXCEPT FOR INFRINGEMENT CLAIMS UNDER 11.4 BELOW), INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, OR LOST SAVINGS, INCURRED BY AUTHORIZED USER OR ANY THIRD PARTY, EVEN IF AMBOSS GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.4. If the authorized user receives a claim that the use of AMBOSS infringes a United States of America patent, copyright, trade secret, or other intellectual property right, the authorized user will promptly notify AMBOSS GmbH in writing, and will give AMBOSS GmbH all necessary information and assistance and the exclusive authority to evaluate, defend, and settle such claim. Provided such timely notice, assistance, and authority have been given by the authorized user, AMBOSS GmbH (or its licensors) will defend, at its own expense, such claim, and will indemnify and hold the authorized user harmless from all damages and expenses, including court costs and reasonable attorney fees, incurred or awarded as a result of the claim. The foregoing indemnity will not apply to infringement claims based on programming made to the specification or design of the authorized user, the authorized user’s modifications, or the authorized user’s use of AMBOSS in combination with anything not intended by AMBOSS GmbH to be used with AMBOSS to the extent caused by such combination. This sec. 12.4 states AMBOSS GmbH’s entire obligation and liability with respect to any infringement claim.
12. Choice of law and place of jurisdiction
12.1. The user agreement and any claim arising out of the user agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Agreement.
12.2. Any claim or controversy arising out of or relating to the user agreement, including any anticipatory breach or disagreement as to interpretation of the user agreement, that is not resolved by the parties themselves or through mediation, shall be settled by binding arbitration in the New York, New York metropolitan area, administered in accordance with the American Arbitration Association’s Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection. The arbitrator(s) shall decide all discovery issues. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Neither party nor the arbitrator(s) may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties, except to the extent necessary in connection with a court action to enforce an arbitration award. All fees and expenses of the arbitration shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs, except that the prevailing party shall be entitled to an award of reasonable attorney’s fees.
13. Final provisions
13.1. Amendments to these Terms of Use or declarations under these Terms of Use to the contractual partner and the authorized user require a written declaration, which may be by an e-mail.
13.2. Amendments to these Terms of Use shall be offered to the contractual partner and the authorized user no later than two months before their proposed date of entry into force. The consent of the contractual partner or the authorized user shall be deemed to have been given if he/she has not indicated his/her rejection before the proposed date of entry into force of the amendments. The contractual partner or the authorized user shall be specifically informed of this approval effect in the offer.
13.3. Should any provision of these Terms of Use be invalid in whole or in part, this shall not affect the legal validity of the remaining provisions.
13.4. The failure of a party to act upon any right, remedy, or breach of these Terms of Use shall not constitute a waiver of that or any other right, remedy, or breach. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Part B: Special Regulations for Authorized Users of the Fee-Based Services
14. Subject of the contract
AMBOSS GmbH provides various fee-based services. The scope of functions provided by AMBOSS GmbH depends in each case on the offer selected by the authorized user and the corresponding model. Details can be found in the list of prices and services valid at the time the contract is concluded under the heading "Shop".
15. Registration/Conclusion of contract
15.1. The prerequisite for the use of fee-based services and the acquisition of the corresponding rights of use required for this is a registration of the contractual partner on AMBOSS in accordance with the regulations under sec. 3 of these Terms of Use.
15.2. The contractual partner shall be informed of the content of the fee-based service, the prices and the payment modalities prior to the conclusion of a fee-based contractual relationship. Before the order process is completed, AMBOSS GmbH will display the entries made by the contractual partner in a confirmation window and give him/her the opportunity to check his/her entries and correct them if necessary.
15.3. By confirming the correspondingly marked button, the contractual partner declares that he/she wishes to conclude a contract for the fee-based services selected by him/her. Confirmation of the aforementioned button only constitutes a contract offer by the contractual partner to conclude a contract. This is binding for a period of 7 working days. AMBOSS GmbH expressly reserves the right to accept or reject the contract offer of the contractual partner within this period. There shall be no entitlement to the conclusion of the contract. AMBOSS GmbH shall confirm receipt of the contractual partner's offer electronically without delay (order confirmation).
15.4. The acceptance of the offer by AMBOSS GmbH and thus the conclusion of the contract shall take place with an e-mail confirmation from AMBOSS GmbH to the contractual partner. AMBOSS GmbH saves the text of the contract and sends the contractual partner the order data and these Terms of Use with a confirmation e-mail. The contractual partner can see the contract data (order data and General Terms of Use) at any time in his/her personal area within his/her member account. The following languages are available for concluding the contract with AMBOSS GmbH: English and German.
15.5. AMBOSS GmbH reserves the right to change the usage costs and to introduce new usage models within the framework of special promotions. The usage costs of registered contractual partners shall not change as a result within the contractually agreed usage period.
16. Information on the right of withdrawal
Cancellation policy for the provision of services (only applies to consumers in accordance with § 13 of the German Civil Code – Bürgerliches Gesetzbuch - BGB).
Right of withdrawal
The contractual partner has the right to withdraw this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day of the conclusion of the contract.
In order to exercise the right of withdrawal, the contractual partner must inform AMBOSS GmbH (Torstrasse 19, 10119 Berlin, telephone number: +49 30 57702210, e-mail: hallo@amboss.com) of its decision to withdraw this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). The contractual partner may use this model withdrawal form for this purpose, which is, however, not mandatory.
The authorized user may also fill in and submit the model withdrawal form or another clear declaration electronically on the website amboss.com. If he/she makes use of this option, AMBOSS GmbH will immediately send him/her (e.g. by e-mail) a confirmation of receipt of such withdrawal. To meet with the withdrawal deadline, it is sufficient for the contractual partner to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If the contractual partner withdraws this contract, AMBOSS GmbH shall repay to the contractual partner all payments received from the contractual partner, including costs of delivery (with the exception of the supplementary costs resulting from the contractual partner’s choice of a type of delivery other than the least expensive type of standard delivery offered by AMBOSS GmbH), without undue delay and in any event not later than 14 days of the day on which AMBOSS GmbH is informed about the contractual partner’s decision to withdraw of this contract.
For this repayment AMBOSS GmbH shall use the same means of payment that the contractual partner used for the original transaction, unless expressly agreed otherwise with the contractual partner; in no case shall the contractual partner be charged any fees on account of this repayment. If the authorized user has requested that the services should commence during the withdrawal period, he/she shall pay AMBOSS GmbH an appropriate amount corresponding to the proportion of the services already provided up to the point in time at which he/she informs AMBOSS GmbH of the exercise of the right of withdrawal with regard to this contract in comparison to the total scope of the services provided for in the contract.
17. Costs and terms of payment
17.1. The indicated prices are final prices including the statutory value added tax. AMBOSS GmbH reserves the right to make price changes in the event of printing errors and mistakes.
17.2. The user fees resp. the purchase price are due immediately upon conclusion of the contract. Access to AMBOSS shall be activated subject to reservation until receipt of payment. Default in payment on the part of the contractual partner or the authorized user, as applicable, shall entitle AMBOSS GmbH to exclude the contractual partner or authorized user concerned until due claims have been settled.
17.3. By registering for the use of a fee-based service and providing the information required for the selected payment procedure, the contractual partner grants authorization for the collection of the corresponding amount. The direct debit is collected 1 day after the invoice date (order date). The period for advance notice (pre-notification) is reduced to 1 day. The buyer assures to ensure that the account is covered. There is no entitlement to the use of a specific means of payment.
17.4. The contractual partner shall bear any costs incurred as a result of a chargeback of a payment transaction due to a lack of funds in the account or due to incorrect data transmitted by him/her, plus a processing fee of US$ 5.00.
17.5. The provision of the access option to fee-based services is carried out at the usage costs corresponding to the selected usage model (total price). This total price for a billing period is due regardless of whether and how the contractual partner uses the offer.
17.6. The contractual partner shall only have a right of set-off if its claims have been legally established or are undisputed or have been recognized in writing by AMBOSS GmbH. The contractual partner may only exercise a right of retention insofar as the claims result from the same contractual relationship.
17.7. AMBOSS GmbH is responsible for payment transactions via the website and carries out transactions exclusively via SSL-secured connections.
18. Free use
18.1. In cases where the use of fee-based services is free of charge (e.g. within the framework of test or special campaigns), only a limited range of functions may be available. A claim to permanent use shall not be established in these cases. In these cases AMBOSS GmbH also reserves the right to restrict the scope of functions at any time. In deviation from sec. 20, in the case of free use both contractual partners shall be entitled to terminate the contractual relationship with immediate effect without stating reasons.
18.2. After expiry of the free period of use, access to AMBOSS shall continue. The provisions for AMBOSS’ authorized users pursuant to Part A of these Terms of Use shall apply.
19. Term and termination for fee-based services
19.1. The term of the respective user agreement for services depends on the selected usage model. The term of the user agreement begins with the activation of the authorized user account for the use of the respective fee-based service and ends after expiry of the period of time provided for in the usage model. The authorization to use the respective fee-based service ends with the expiry of the user agreement term. The personal authorized user profile on AMBOSS shall remain and shall be available to the contractual partner free of charge.
19.2. The mutual right to extraordinary termination for good cause remains unaffected. Such cause shall be deemed to exist in particular if one of the contractual partners intentionally breaches material obligations arising from the user agreement and thereby substantially infringes the interests and legal rights of the other party. On the part of AMBOSS GmbH a reason for extraordinary termination exists in particular if
19.3. Extraordinary termination is possible without notice. The termination can only be made in written text form, e.g. by e-mail or letter.
19.4. In the event of extraordinary termination, there is no entitlement to reimbursement of the usage fees already paid.
19.5. Statutory rights of rescission shall remain unaffected by the rights of termination regulated above.
20. Liability
20.1. The following provisions apply only to authorized users of the fee-based services instead of sec. 11 of these Terms and Conditions.
20.2. The commentaries, chapter contents and other media content have been created with reasonable care. The release of new content also requires a multi-stage quality control. However, AMBOSS GmbH accepts no liability for the up-to-dateness, accuracy, completeness or quality of the information provided. This applies, for example, to information on procedures (esp. diagnostic and therapeutic algorithms), applications, forms of application and dosages. The same applies to the question of whether commercial preparations indicated in the context of therapy information may be used in the respective indication according to their approval status.
20.3. Despite reasonable examination in the case of a possible linking or embedding, AMBOSS GmbH is not liable for the contents of external pages. The operators of external sites are solely responsible for their content and availability, even if they are linked to or embedded in miamed.de and/or amboss.com and/or their subpages.
20.4. The total liability of AMBOSS GmbH for all claims, whether in contract, tort, or otherwise, arising out of, connected with, or resulting from the use of AMBOSS or any other services under this Agreement shall not exceed the amounts paid by the contractual partner to AMBOSS GmbH under this Agreement during the 12 months immediately preceding the claim.
20.5. AMBOSS GMBH SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, OR OTHER INFORMATION PROVIDED THROUGH AMBOSS OR BY DELAYS IN OR INTERRUPTIONS OF ACCESS TO AMBOSS. IN NO EVENT SHALL AMBOSS GMBH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, OR LOST SAVINGS, INCURRED BY AUTHORIZED USER OR ANY THIRD PARTY, EVEN IF AMBOSS GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.6. If the authorized user receives a claim that the use of AMBOSS infringes a United States of America patent, copyright, trade secret, or other intellectual property right, the authorized user will promptly notify AMBOSS GmbH in writing, and will give AMBOSS GmbH all necessary information and assistance and the exclusive authority to evaluate, defend, and settle such claim. Provided such timely notice, assistance, and authority have been given by the authorized user, AMBOSS GmbH (or its licensors) will defend, at its own expense, such claim, and will indemnify and hold the authorized user harmless from all damages and expenses, including court costs and reasonable attorney fees, incurred or awarded as a result of the claim. The foregoing indemnity will not apply to infringement claims based on programming made to the specification or design of the authorized user, the authorized user’s modifications, or the authorized user’s use of AMBOSS in combination with anything not intended by AMBOSS GmbH to be used with AMBOSS to the extent caused by such combination. The limitation set forth in sec. 20.4 above shall not apply to claims under this sec. 20.6. This sec. 20.6 states AMBOSS GmbH’s entire obligation and liability with respect to any infringement claim.
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The United States Medical Licensing Examination (USMLE®) is a joint program of the Federation of State Medical Boards (FSMB®) and National Board of Medical Examiners (NBME®). None of the trademark holders are affiliated with AMBOSS.