Terms and Conditions for SKILLQUBE Gmbh

Medical Simulation Software, Cloud Sercices and Hardware

Last Updated: 01.10.2023

Please read these terms and conditions (“Terms”) carefully before using the SKILLQUBE website (us.skillqube.com) and purchasing or using our medical simulation software (“Software”). These Terms govern your access to and use of the Website, Cloud Services and Software provided by SKILLQUBE GmbH (“Company”).

By accessing or using the Website, Cloud Services and Software, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website, Cloud Services or Software.

1. Use of the Website, Cloud Services and Software

1.1. Eligibility: You must be at least 18 years old to use the Website and purchase our Software. The Hard and Software is intended solely for medical simulation purposes.

1.2. License: The Company grants you a limited, non-exclusive, non-transferable license with Cloud Access and to use the Software in accordance with these Terms. This license is solely for your personal or internal business use and is subject to the payment of any applicable fees.

1.3. Prohibited Activities:

You agree not to:

a. Use the Software or Hardware on real patients. It is for training purposes only.

b. Use the Software for any unlawful purpose or in violation of any applicable laws and regulations.

c. Attempt to gain unauthorized access to the Software, Cloud Services or Website, or engage in any hacking or data mining activities.

d. Transmit viruses, worms, or any other malicious code.

e. Modify, adapt, or reverse engineer the Software or Website.

1.4. User Account:

You will be required to create an account to access certain features of the Cloud Service and Software to purchase products. You are responsible for maintaining the confidentiality of your account information and are liable for all activities that occur under your account.
You may be required to create an Apple ID to download additional applications from the App Store. You are responsible for maintaining the confidentiality of your Apple ID information and are liable for all activities that occur under your Apple ID.

1.5 Non-transferability: The license granted to you under these Terms is personal to you and may not be sold, transferred, assigned, or otherwise dealt with. Any attempt to do so is void.

2. Software Purchase

2.1. Pricing: The cloud services and software packages are paid for on a yearly fee basis. The pricing for our Software is listed on the Website and is subject to change without notice.

In the case of an offered free trial, please note that such trials are timely limited. Additionally, please be aware that certain discounts may be available during specific, time-limited periods.

2.2. Payment: Payment for the Cloud Services, Software and Hardware must be made through the methods provided on the Website. All payments are processed securely. You agree to provide accurate billing and payment information.

2.3. Refunds: Our refund policy is available on the Website and outlines the conditions under which refunds may be granted. (LINK einfügen siehe unten)

2.4. Product Descriptions and Availability: All product descriptions, product specifications, colors, and prices are subject to change at any time without notice. While we aim for accuracy, SKILLQUBE GmbH is not responsible if information made available on the website is not accurate, complete, or current.

3. Intellectual Property

3.1. Ownership: The Software, Website, and all related content, including but not limited to text, graphics, logos, and images, are the intellectual property of SKILLQUBE GmbH and are protected by copyright and other intellectual property laws.

3.2. Use of Content: You may not reproduce, distribute, or create derivative works from our content without our prior written consent.

4. Privacy

4.1. Privacy Policy: Our Privacy Policy, available on the Website, governs the collection and use of your personal information. By using the Website and Software, you consent to the practices described in the Privacy Policy. (LINK)

4.2. Third-party Links: Our Service may contain links to third-party web sites or services that are not owned or controlled by SKILLQUBE GmbH. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that SKILLQUBE GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

5. Disclaimer

5.1. Use at Your Own Risk: The Software is provided “as is” and “as available” without any warranties, expressed or implied. The Company makes no guarantees regarding the accuracy, reliability, or suitability of the Software for your specific needs.

5.2 Warranty: The Software, Cloud Services, and Hardware are provided without any warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

6. Limitation of Liability

6.1. Indirect Damages: In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

6.2 SKILLQUBE does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website, Cloud Services, Soft- or Hardware Products or otherwise relating to such materials or on any sites linked to this site.

6.3. The SKILLQUBE equipment is to be used as props only and not with real medical equipment. SKILLQUBE is NOT be used to treat real people or animals.

6.4 SKILLQUBE has not reviewed all of the sites linked to its Internet website, Cloudservices or Software and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SKILLQUBE of the site. Use of any such linked website is at the user’s own risk.

7. Governing Law and Jurisdiction

7.1. These Sales Terms and Conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of law provisions and excluding the laws on distance selling contracts.

7.2. Any and all disputes arising from or in connection with these Sales Terms and Conditions shall be exclusively submitted to – and if necessary, resolved by – the competent court in Heidelberg, Germany.

7.3. Arbitration and Applicable Law: Should the application of the laws of the Federal Republic of Germany be deemed inapplicable due to higher-ranking laws, or should Heidelberg not be the jurisdiction of choice, any dispute arising out of or relating to these Terms, or the breach thereof, shall be resolved exclusively through arbitration in the USA, in accordance with the arbitration rules below. The resulting decision from such arbitration will be final and binding. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16, as amended.

7.3 ARBITRATION NOTICE

THE SERVICE IS BEING MADE AVAILABLE AND PRICED BY SKILLQUBE ON THE BASIS OF YOUR ACCEPTANCE OF THE FOLLOWING ARBITRATION NOTICE (IF 7.1-7.2 IS DEEMED). BY ENTERING INTO THESE TERMS, YOU ARE AGREEING TO BINDING ARBITRATION RATHER THAN LITIGATION IN ANY COURT. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS IN ANY COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW. YOU FURTHER ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE TERMS VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE TERMS THEMSELVES.

THIS ARBITRATION NOTICE AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

A. Arbitration of Claims. You and SKILLQUBE mutually agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitration, shall be settled by binding arbitration before a single arbitrator. The arbitration shall be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Streamlined Arbitration Rules”) in effect on the date the arbitration is filed. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

B. Other Claims Subject to Arbitration. In addition to Claims brought by either you or SKILLQUBE, Claims made by or against an employee, agent, representative, or subsidiary of SKILLQUBE will be subject to arbitration as described herein.

C. Exceptions. SKILLQUBE agrees not to invoke the right to arbitrate any individual Claim you bring in small claims court or an equivalent court, so long as the Claim is pending only in that court. This arbitration provision does not limit or constrain SKILLQUBE’s right in the event of claims to funds associated with your Account by several parties.

D. Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person. You acknowledge and agree that you are waiving any ability to join or consolidate your Claim in arbitration with the Claim of any other person. The arbitrator may not award relief for or against any other party, whether directly or indirectly.

E. Arbitration Fees. If you initiate arbitration, SKILLQUBE will advance any arbitration fees, including any required deposit. If SKILLQUBE initiates or elects arbitration, SKILLQUBE will pay the entire amount of the arbitration fees. SKILLQUBE will pay all other arbitration-related costs.

F. Arbitration Procedure. The arbitration will be conducted in English. The arbitrator will be either a retired judge or an attorney with at least ten years of experience. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Discovery or exchange of non-privileged information relevant to the dispute will be allowed. The arbitrator’s award will address all claims properly brought before the arbitrator.

G. Confidentiality. You and SKILLQUBE agree that any arbitration proceedings initiated hereunder shall be kept in strict confidence.

H. Severability. Any provision of this Notice deemed unenforceable may be severed, and the remainder of the Notice shall be given full force and effect.

8. Changes to Terms

8.1. Updates: We may update these Terms from time to time. Any changes will be posted on the Website with a revised “Last Updated” date.

8.2. Acceptance of Changes: Your continued use of the Website, Cloud Services, or Software after any modifications to these Terms will constitute your acknowledgment of the modified Terms and your consent to abide and be bound by the modified Terms.

9. Contact Information

9.1. Contact Us: If you have any questions or concerns about these Terms, please contact us at For any inquiries, questions, or concerns regarding these Terms and Conditions, please contact:

SKILLQUBE GmbH

Singeisenhof 9

4125 Riehen

Switzerland

Commercial Register: CH-130.4.021.682-6

VAT ID: CHE-396.281.617

Registered Office: Riehen

Executive Management: Georg Hirsch, Thorben Schreyer, Cedric Zeller

Email: info@skillqube.ch

Website: www.skillqube.ch

Phone: +41 44 / 52 13 700

By using the Website, Cloud Services and Software, you acknowledge that you have read, understood, and agreed to these Terms and the Privacy Policy.

10. End-User License Agreement (EULA): The use of our Software may be governed by a separate EULA, which will be provided to you and which you must accept before using our Software.

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Refund Policy – SKILLQUBE GmbH (us.skillqube.com)

Last Updated: 01.10.2023

Thank you for choosing SKILLQUBE] for your medical simulation software and hardware needs. We aim to provide top-quality products and services to our customers. However, we understand that circumstances may arise where you may need to request a refund. Please read our refund policy carefully to understand your rights and responsibilities.

1. Eligibility for Refunds

1.1. Software Product Eligibility: Our refund policy applies to purchases of our medical simulation software packages and cloud services. It does not apply to any additional applications or services acquired through third-party platforms such as the Apple App Store or Google Play Store. Refunds for these purchases made through third-party platforms are governed by the policies of those platforms and are not the responsibility of SKILLQUBE..

1.2. Hardware Product Eligibility: For hardware purchases made through our online shop products should be in new and unused condition unless otherwise specified. Specific exceptions and conditions may apply; please refer to product descriptions or customer service for clarity..

1.3. Licenses are transferrable if your device gets lost, stolen or damaged. Please contact us and we can transfer your license for a defined service fee. Details of the service fee can be found on our website or by contacting customer support.

2. Grounds for Software Refunds

2.1. Dissatisfaction with Software: If you are not satisfied with our medical simulation software and can demonstrate that it does not meet the specifications and functionalities as described on our website, you may be eligible for a refund.

2.2. Technical Issues: If you encounter technical issues or bugs that prevent you from using our software as intended, and our support team is unable to resolve these issues within 30 days after the issue has been reported, you may be eligible for a refund.

3. Hardware Refund Policy

3.1. Hardware Return Eligibility: Hardware products purchased from SKILLQUBEmay be eligible for a refund under the following conditions:

– The hardware product is returned in its original, unopened packaging and is in new and unused condition..

– The hardware product is returned within 30 days of the original purchase date.

3.2. Defective Hardware: If you receive a defective hardware product, please contact our customer support team at info@skillqube.ch within 30 days of the original purchase date for assistance. We will provide instructions on returning the defective product for a replacement or refund.

4. How to Request a Refund

4.1. To request a refund for cloud services, software or inquire about hardware returns, please contact our customer support team via email at info@skillqube.ch with the following information:

– Your name

– Date of purchase

– Order number or transaction ID

– Reason for the refund request or hardware return inquiry

4.2. Our customer support team will review your request and respond within 10 business days.

5. Refund Process

5.1. If your refund request is approved for software purchases or your hardware return is authorized, we will process the refund to the original payment method used for the purchase.

5.2. Refunds can take up to 30 business days to appear in your account, depending on your payment provider.

6. Denied Refunds

6.1. We reserve the right to deny a refund if:

– The refund request is made after 30 days post-purchase.

– The request does not meet the eligibility criteria specified in sections 2.1, 2.2, or 3.1.

– The request is for additional applications or services acquired through third-party platforms.

7. Contact Us

If you have any questions about our refund policy or need assistance with a refund request or hardware return, please contact our customer support team at info@skillqube.com.