Terms and Conditions

Terms and Conditions for the Use of This Portal and the Online Training Courses (Terms and Conditions)

foxstudy GmbH operates the foxstudy.de website, a platform for the digital continuing education of professionals in the therapeutic and medical fields. The General Terms and Conditions set forth below apply to registration and use of this platform.

1. Definitions

In the following, we use various terms, which we define in advance as follows:

• The term “Operator” is used here to refer to foxstudy GmbH.

• The term “user” as used below refers to consumers and businesses who visit the Internet platform—whether logged in or not—and who use the available features, including registration, booking, or other participation in training courses and other offerings.

• The term “continuing education” is used here to refer to services such as digital courses, e-learning programs, blended learning programs, as well as other training, continuing education, and professional development programs, and other learning and knowledge services in the fields of therapy, medicine, health, health sciences, health care, and other subject areas that are offered on this platform and can be booked by users.

2. Scope of Application, Changes to the General Terms and Conditions

(1) By registering for this portal, the user agrees to be bound by these Terms and Conditions. Any provisions that deviate from these Terms and Conditions shall apply only if they are confirmed in writing by the operator.

(2) If a user enters into a purchase agreement via this platform for offerings from another provider, additional General Terms and Conditions of the respective provider that differ from these may apply. However, these are not part of these General Terms and Conditions and are to be considered in the relationship between the user and the respective provider of an offering.

(3) The Operator is entitled to amend and modify these General Terms and Conditions during the term of the membership. The Operator will notify users of the amended terms via email and specifically draw their attention to the new provisions. If the user does not object to such changes within six weeks of receiving the notification, the changes shall be deemed accepted. In the event of a change to the General Terms and Conditions, the user will be separately notified of the right to object and the legal consequences of remaining silent. If users object to the change in these terms, the operator is entitled to terminate the user agreement with respect to those users as of the effective date of the new terms and conditions.

(4) German is the sole language of the contract.

3. Subject Matter of the License Agreement

(1) The operator offers users on the website www.foxstudy.de the opportunity to purchase access to the registration, booking, learning, and other functional areas of this platform in accordance with the provisions of these General Terms and Conditions.

(2) The subject matter of this User Agreement is the operator’s provision of a globally accessible Internet portal for digitally supported professional continuing education and training in the fields of therapy, medicine, health, and other continuing education topics for therapeutic and medical professionals. On this Internet portal, users may purchase and access digital continuing education courses provided by the operator on this portal.

In addition, the operator may offer, market, and provide its digital training courses on this platform. The operator is not liable for the accuracy of the content.

(3) The specific graphical and functional design of the contractual usage options, the expansion of such options with additional features, or their supplementation with additional services are at the discretion of the operator, who is entitled to modify and adapt the specific design at any time while maintaining the contractual usage options.

(4) The operator shall endeavor to make this platform available to users with the highest possible level of availability. This does not apply to times when the relevant servers are unavailable due to technical or other problems beyond our control (force majeure, third-party negligence, etc.). The operator is entitled to interrupt server availability daily between 11:00 p.m. and 6:00 a.m. to perform optimization and maintenance work. If and to the extent that the user is able to use the server during maintenance periods, there is no legal entitlement to do so. If a reduction in performance or a suspension of service occurs while using the server during maintenance periods, the user has no claim for liability for defects or damages. Likewise, the user has no fundamental right to the continuous availability of the platform.

4. Registration, Obtaining a User Agreement, User Obligations

(1) Registration as a user is required to book and use the platform's digital training courses.

(2) Each user of the portal may create only one user account. The information provided during registration must be complete and given to the best of the user’s knowledge and belief. Any changes to this information must be corrected or updated immediately, for example, through the account settings.

(3) User accounts are non-transferable, and sharing login credentials with third parties is prohibited. If a user becomes aware that their user account is being misused by a third party, they are required to notify the operator immediately.

(4) For natural persons, the age of majority is a prerequisite for registration.

(5) The user may enter into a user agreement by entering and submitting their user data via the online registration form integrated into the operator’s platform. By clicking the button that completes the registration process (“Register Now”) after entering their data, the user submits a legally binding offer to enter into a contract regarding the service offered. The operator may accept the user’s offer within five days by activating the user account. Upon the operator’s acceptance of the contract, the user will receive an email containing a confirmation and the login credentials for the portal.

(6) The user is required to provide truthful and complete information about himself or herself and/or his or her employer in accordance with the instructions on the registration form, and to promptly report any future changes to the information provided.

(7) All logins are personalized and may only be used by the authorized user. The user is not permitted to make his or her user account available to third parties. The user is obligated to keep his or her login and password confidential and to protect them from unauthorized access by third parties. If the password becomes known to third parties, the user must immediately change the password in his or her account settings. If this is no longer possible due to a third party having changed the password, the user must immediately notify the operator of this via email or in writing so that the old password can be blocked and a new password assigned. The user is fully responsible for the actions of any third party to whom they make their user account available.

(8) Users may use the services provided by the operator only for the purposes specified in the contract. Any misuse of the services beyond these specified purposes is prohibited. This includes, in particular, the sharing of learning materials with third parties.

(9) The user must take care to protect his or her login information, and in particular his or her password, from misuse. He or she is liable for all activities carried out in his or her name and using his or her user account. This does not apply to unauthorized use of his or her user account resulting from negligence on the part of the operator.

(10) The operator is entitled to block a user’s access to the Internet portal and to terminate the user agreement immediately if there is reasonable suspicion that the user has violated these Terms of Use. In addition, the operator is entitled to refuse to activate a new account for that user. The user may avert these measures by dispelling the suspicion by providing appropriate evidence at their own expense.

(11) Statements and comments in news articles, forum posts, or blog entries should adhere to the rules of polite and respectful interaction with one another. Criticism and the expression of opinions should be constructive and are permitted. Violations may result in the suspension of the user’s account and exclusion from the portal.

5. Term, Termination, and Deletion of the Respective User Account

(1) The User Agreement takes effect upon the Operator’s activation of the user account. The right of use is for an indefinite period and may be terminated in writing by either party at any time.

In the event of termination, the user's profile will be deleted after the statutory retention periods have expired, along with their posts, content, learning progress, certificates, and other user data.

(2) The customer’s contractual obligations to the operator that arose through the use of the platform or the ordering of training courses and other offerings, and that remain in effect at the time of termination, shall not be affected by the termination. Termination of these contractual obligations requires a separate notice of termination in accordance with the provider’s respective guidelines.

(3) Notwithstanding § 5(1), both the operator and the user are entitled to terminate the user agreement extraordinarily without notice if there is good cause. Good cause exists, in particular, on the part of the operator,

1. if the user breaches his or her contractual obligations or attempts to commit fraud and fails to remedy such breach even after being given a deadline to do so

2. in the event of a user committing a tort or attempting to commit one, e.g., fraud

3. if the user is more than six weeks late in fulfilling payment obligations arising from booking transactions

4. in the event of prolonged operational disruptions resulting from force majeure beyond the operator’s control, such as natural disasters, fire, or the failure of utility networks through no fault of the operator

5. if it decides to discontinue operation of the platform

(4) In cases 1–3, the operator is also entitled to delete the account and to refuse to create a new account for that user after receiving notice of termination.

(5) The operator has the right to contact current and former users by email, in writing, or by phone for marketing purposes related to the learning platform. The user may revoke this right at any time.

(6) The operator reserves the right to bill the user for any costs incurred as a result of the user’s improper or negligent use of their user account.

6. Costs, Prices, and Terms of Sale

(1) Registration as a user is free of charge.

(2) The user incurs costs only if he or she purchases fee-based training courses or other fee-based offerings within the platform.

(3) When purchasing a training course from the operator, the buyer must pay the purchase price by invoice or using another payment method offered on the platform.

(4) The invoice amount is due upon receipt of the invoice.

(5) For services offered by the operator, purchase on account is available only to consumers who are 18 years of age or older.

(6) The buyer is granted the right to use a booked online training course only upon full payment. If the operator allows earlier access to training courses, this is subject to change and does not constitute a grant of the right to use the course.

(7) If, for reasons attributable to the customer, the invoice amount is not paid by the due date, the operator is entitled to charge a corresponding late fee.

(8) All prices are in euros.

(9) No value-added tax is shown because the operator is a small business owner.

(10) When using international payment services, the user may incur additional costs.

(11) Offers that incur a fee are identified as such. As a rule, these fees are one-time charges that become due immediately upon completion of the booking. Offers with a fixed term, including those that renew automatically (subscription models), are identified separately, and the respective contract terms and fees are also specified.

(12) The user agrees to the storage of billing data for evidentiary purposes and/or in accordance with statutory retention requirements, in compliance with data protection regulations.

(13) The operator reserves the right to change prices and modify its offerings at any time.

7. Booking and Completion of Purchase

(1) Booking a training course constitutes an offer to the operator to enter into a purchase agreement. When booking, the user data stored in the user account—or, for new users, the billing information provided at the time of purchase—is used. Users may change and update the user data collected at the time of registration in their account settings. Following their booking, users will receive an email containing the purchase confirmation, the purchase details, and access to the purchased training course on the portal.

(2) A user may purchase training courses or other offerings provided either by the platform operator or by another provider. In the latter case, the platform operator acts solely as an intermediary for the service being offered. The training course and the purchase process can then be completed within the platform, as can invoicing, order fulfillment, and all related contractual services. In certain cases where the respective provider applies its own terms and conditions, payment terms, or contractual services and conditions, this is indicated separately.

(3) For continuing education courses offered and/or organized by an external provider in the form of in-person sessions, blended learning, webinars, or other formats, that provider’s general terms and conditions apply. In such cases, the operator acts solely as an intermediary for the offering and is not responsible for the delivery of or liability for these services.

(4) The buyer will receive invoices in digital form via email if they have purchased a service on the platform. If a user purchases a training course or other service provided by another provider, they will receive an invoice in accordance with the terms and conditions of the respective provider. In this case, the operator acts solely as an intermediary for the service offered.

8. Provision of Continuing Education

(1) After purchasing a digital training course, it will be available to the buyer on the portal within the learning area.

(2) A booked training course is available exclusively to the purchasing user. The training course or its materials may not be shared with third parties.

(3) The right to use the operator’s digital training courses, including associated certificates and other forms of proof of completion, begins upon receipt of payment. The usage period is 6 months, beginning on the date of registration, unless a different time limit is specified in the course description. If the provider grants longer usage periods at no additional cost, the purchaser has no automatic legal entitlement to such periods.

(4) Non-digital continuing education courses or courses that include in-person components are subject to the terms and conditions of the respective provider and are arranged by the operator but not provided by it.

9. Notice Regarding the Right of Withdrawal for Consumers Concerning the Delivery of Digital Content Not Supplied on a Tangible Medium

(1) Users have the right to cancel contracts with the operator within fourteen days without providing a reason. The cancellation period is fourteen days from the date the contract is concluded.

(2) However, if the user has made use of the service during the cancellation period, the user must pay the operator a reasonable amount. This amount corresponds to the proportion of the total service value represented by the services already provided up to the time of cancellation.

(3) The refund will be made to the account and the recipient through which the payment was made.

(4) To exercise the right of withdrawal, the user must inform the operator (foxstudy GmbH, Hausacherstrasse 27, 8122 Binz, Switzerland, email address: info@foxstudy.ch) of their decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). To meet the withdrawal deadline, it is sufficient for the user to send the notice regarding the exercise of the right of withdrawal before the withdrawal period expires.

(5) If a user rescinds this contract, the operator must refund all payments received from the user—taking into account any services already provided—without delay and no later than fourteen days from the date on which the operator received notice of the rescission of this contract. For this refund, the operator will use the same payment method that the user used for the original transaction, unless expressly agreed otherwise; under no circumstances will the operator charge any fees for this refund.

(6) The right of withdrawal does not apply to contracts for the delivery of digital content that is not pre-produced and for which the consumer’s individual selection or specification is decisive for its production, or that is clearly tailored to the consumer’s personal needs.

(7) The right of withdrawal expires prematurely if the operator has not begun to perform the contract until after the user has given his or her express consent and, at the same time, confirmed his or her awareness that he or she loses the right of withdrawal upon the operator’s commencement of contract performance. The operator notes that it may make the conclusion of the contract contingent upon the aforementioned consent and acknowledgment.

10. Liability

(1) The operator makes every effort to keep the information on the platform up-to-date and complete. The operator assumes no liability for the completeness, accuracy, or timeliness of the information.

(2) Participation in the training courses is at one’s own risk. The operator’s liability is limited to cases of willful misconduct and gross negligence. This does not apply in cases where material obligations under the contract are breached.

"Principal obligations" refer to those obligations that the contract, by its nature and purpose, is specifically intended to impose on the user, or whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the user may reasonably rely.

(3) In cases of slight negligence, the operator is also liable only for damages that were foreseeable at the time the contract was concluded and that are typical for this type of contract.

(4) The Operator is liable to the User for all contractual, quasi-contractual, and statutory claims—including tort claims—for damages and reimbursement of expenses arising from any legal basis.

• in cases of willful misconduct or gross negligence,

• in the event of intentional or negligent injury to life, body, or health,

• based on a warranty promise, unless otherwise specified in this regard,

• due to mandatory liability, such as under the Product Liability Act.

(5) If the Operator negligently breaches a material contractual obligation, liability is limited to foreseeable damages typical for this type of contract, unless unlimited liability applies in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the operator, based on its content, in order to achieve the purpose of the contract; the fulfillment of these obligations is essential for the proper performance of the contract, and the user may reasonably rely on their fulfillment.

(6) In all other respects, the operator’s liability is excluded. The operator shall not be liable even in the event of a breach of ancillary obligations—which are not material contractual obligations—due to slight negligence.

(7) The foregoing liability provisions also apply with respect to the operator’s liability for its agents and legal representatives.

(8) The operator assumes no liability for services provided by vendors for which it acts solely as an intermediary.

11. Assignment and Setoff

(1) Any partial or complete transfer of the user’s rights under the contract with the operator to third parties is prohibited.

(2) The user is not entitled to set off claims against the operator’s claims unless the user’s counterclaims have been legally established or are undisputed. The user is also entitled to set off claims against the operator’s claims if the user asserts notices of defects or counterclaims arising from the same user agreement.

12. Final Provisions

(1) The language of the contract is German.

(2) Swiss law shall apply exclusively—to the exclusion of conflict-of-laws principles—to all legal relationships and disputes arising in connection with the use of this platform and in connection with the contractual relationship.

(3) The exclusive venue for all disputes arising from the contractual relationship is the Operator’s place of business if the User is a merchant, a legal entity under public law, or a special fund under public law, or if the User has no general venue within Germany.

If you have any questions, please contact foxstudy at info@foxstudy.ch.

Date: September 5, 2023, V7