Terms & conditions

These terms of use ("Terms") apply to the use of the Medu.game platform:

• The Learning environment at https://learn.medu.game (Medu.game LMS)
• The Simulation platform — accessible via https://play.medu.game (browser) and the Medu.game apps for iOS and Android (game-based learning platform with 3D virtual simulations)

These Terms do not apply to the information website https://medu.game; only our privacy statement regarding cookies and visit data applies there.

By using the Platform you agree to these Terms. Please read them carefully.

1. Who are we?

The Platform is provided by:

Medu.game B.V.
Trompweg 35
7441 HP Nijverdal
The Netherlands

Chamber of Commerce number: 57052875
VAT: NL852419260B01
Email: support@medu.game / privacy@medu.game

In these Terms, Medu.game B.V. is referred to as "Medu.game", "we" or "us". The user of the Platform is referred to as "you" or "the User".

2. Scope and types of use

2.1 Use via an educational institution, hospital or employer

If you gain access to the Learning environment and/or the Simulation platform via an educational institution, hospital or employer ("Customer organization"), the following applies:

• The legal relationship for the content of the course offering is between you and the Customer organization. The Customer organization has concluded an agreement and a data processing agreement with Medu.game.
• These Terms govern your technical use of the Platform and the rules of conduct that apply to it.
• Any substantive arrangements (course duration, assessment, certification, exemptions, complaints about the course) run via the Customer organization.

2.2 Direct use

If you create an account directly with us on the Simulation platform (play.medu.game or the iOS/Android app), the agreement for the use of the Platform is concluded between you and Medu.game.

3. Nature of the service

Medu.game is an educational platform that combines a Learning environment for courses with a Simulation platform featuring 3D virtual simulations (serious games / game-based learning) — aimed at educational purposes, in particular for medical professionals and students in training.

Medu.game is expressly not intended:

• as a medical device or decision-making tool for patient care;
• for processing, storing or sharing patient data or other special personal data as referred to in Article 9 GDPR;
• as a replacement for professional medical judgement or recognised clinical guidelines.

The cases in scenarios and courses are fictitious and purely educational in nature.

4. Accounts

4.1 Creation and use

A personal account is required to access the Platform. You are responsible for:

• providing your details correctly and completely upon registration;
• keeping your login credentials confidential;
• all actions performed with your account.

4.2 Minimum age

The Platform is intended for users aged 16 and over. If you are under 16, you may only use the Platform with the consent of your parent or guardian, and only via a Customer organization that has recorded this consent.

4.3 Passwords and security

On first use you may in some cases receive a temporary password by email. You must change this password immediately after your first login. If you suspect that others have access to your account, contact us immediately at support@medu.game.

4.4 Account ownership

The account is personal and non-transferable. Sharing an account with others is not permitted.

5. Fees

5.1 Access via a Customer organization

If access is granted to you via a Customer organization, any course or licence fees are part of the agreement between you and the Customer organization. In that case you owe no fee to Medu.game, unless you separately purchase additional services or in-app purchases on an individual basis.

5.2 Direct use and in-app purchases

For subscriptions purchased directly or in-app purchases via the iOS or Android app, the rates and specific conditions stated at the time of purchase apply. In-app purchases are handled via Apple or Google; the terms of those platforms additionally apply.

5.3 VAT and invoicing

Stated prices are inclusive of VAT for consumers and exclusive of VAT for business customers, unless expressly stated otherwise.

6. Permitted use

6.1 General

You use the Platform solely for the educational purposes for which it is intended and in accordance with the law, these Terms and any additional instructions from your Customer organization.

6.2 Prohibited use

In any case, it is not permitted to:

• gain access to accounts, data or system components for which you have no permission;
• use the Platform for unlawful, harmful or misleading purposes;
• attack, overload or disrupt the Platform (including DoS attacks, automated scraping or large-scale downloading);
• exploit security weaknesses without prior written permission;
• decompile, reverse-engineer or modify the Platform's software except where mandatory law provides otherwise;
• reproduce, publish or sell works offered by the Platform without our written permission;
• collect, copy or (re)distribute personal data of other users;
• upload or enter patient data or other special personal data into the Platform.

6.3 Security reports

If you discover a vulnerability in the Platform, report it via privacy@medu.game. Misuse or disclosure of that vulnerability is not permitted and may lead to immediate termination of your access.

7. Availability and maintenance

7.1 Best-efforts obligation

We do our utmost to make the Platform available reliably and without interruptions, but we do not guarantee uninterrupted availability or error-free operation.

7.2 Maintenance and updates

We may temporarily take the Platform fully or partially out of use for maintenance, updates or security measures. We aim to carry out such planned maintenance outside office hours as much as possible.

7.3 Changes to the service

We may change, add or remove parts of the Platform to improve the service or adapt it to technical or legal developments. In the case of significant changes that affect you, we will inform you in advance where reasonably possible.

8. Privacy and personal data

For the way we handle personal data, we refer to our privacy statement: medu.game/privacy-policy.

For learners who use the Learning environment and/or the Simulation platform via a Customer organization, we act as a processor on behalf of that Customer organization. The general conditions of that processing can be found in the privacy statement of that Customer organization and in the data processing agreement concluded between Medu.game and the Customer organization.

9. Intellectual property

9.1 Our rights

All intellectual property rights to the Platform — including the software, the game content, the scenarios, the course structure, the texts, the images, the sounds and the design — belong to Medu.game or to our licensors.

9.2 Limited right of use

We grant you a personal, non-exclusive, non-transferable and revocable right to use the Platform for the duration and purpose of your access. No other rights are granted.

9.3 Content supplied by you

For content you enter into the Platform yourself (for example answers in scenarios or messages in a forum, where available), you grant us the limited right to use that content for the operation of the Platform and for the performance of the agreement.

10. Liability

10.1 Limitation

To the extent permitted by law, our liability towards you is limited to direct damage, and to the amount you have paid us in the twelve months preceding the event causing the damage, with an absolute upper limit of five thousand euros (€ 5,000) per event or series of related events.

10.2 Excluded damage

We are in no event liable for indirect damage, including consequential damage, lost profits, missed savings, damage due to loss or corruption of data, damage resulting from choices you make on the basis of scenario or course content, or damage arising from use of the Platform for purposes for which it is not intended (see Article 3).

10.3 Non-applicability in case of intent

The limitations in this article do not apply to damage resulting from intent or deliberate recklessness on the part of Medu.game.

10.4 Relationship to the data processing agreement

For the processing of personal data on behalf of Customer organizations, the liability arrangement from the data processing agreement concluded between Medu.game and the Customer organization applies.

11. Termination

11.1 Termination by you

You can terminate your account at any time by contacting us at support@medu.game or, for access to the Learning environment via a Customer organization, via your Customer organization.

11.2 Termination by us

We may restrict or terminate your access to the Platform if:

• you breach these Terms or applicable legislation;
• you use the Platform in a way that is harmful to other users, to us or to third parties;
• your Customer organization instructs us to do so, or its agreement with us ends;
• it is necessary for the security or stability of the Platform.

11.3 Consequences of termination

After termination, your right to use the Platform lapses. For the retention or deletion of your data, we refer to the privacy statement and, where applicable, to the arrangements with your Customer organization.

12. Changes to the Terms

We may amend these Terms from time to time, for example in the case of changed services or new laws and regulations. The most current version is always available at https://medu.game. In the case of significant changes, we will inform you in advance where reasonably possible, for example via the Platform or by email. By continuing to use the Platform after a change, you accept the amended Terms.

13. Applicable law and disputes

These Terms and the use of the Platform are governed by Dutch law. Disputes arising from or related to these Terms are submitted to the competent court in Overijssel, unless mandatory law designates another court.

If you are a consumer, you can also submit your dispute to the Disputes Committee or via the European Commission's ODR platform (https://ec.europa.eu/consumers/odr).

14. Final provisions

14.1 Entire agreement

These Terms, together with the privacy statement and — where applicable — the agreement between you and your Customer organization, constitute the entire agreement between you and Medu.game regarding the use of the Platform.

14.2 Invalidity

If a provision in these Terms is void or voidable, the remaining provisions remain in full force. The void or annulled provision is replaced by a provision that approximates the original intent as closely as possible.

14.3 Contact

For questions about these Terms:

• General questions or support: support@medu.game
• Privacy and data protection: privacy@medu.game
• Postal address: Medu.game B.V., Trompweg 35, 7441 HP Nijverdal, The Netherlands