General Terms and Conditions (GTC) – Radar Products 

1. Scope

1.1 These Terms and Conditions apply to the use of the Radar Products (Regulatory Intelligence, Regulatory Radar, Post-Market Radar), including all services provided under it (hereinafter "Radar Products") of Johner Institut GmbH, Reichenaustraße 39a, 78467 Konstanz, Germany (hereinafter "Johner Institute"). By ordering, the contractual party (hereinafter referred to as "Customer") agrees to these Terms and Conditions.

1.2 The contracting party is the person or company ordering the product.

1.3 Deviating conditions of the customer are not applicable. This also applies if the Johner Institute does not expressly object to their inclusion.

1.4 The version of the Terms and Conditions valid at the time of the respective contract conclusion is decisive.

2. Conclusion of Contract

2.1 The contract between the Johner Institute and the customer is concluded in writing through the acceptance of an offer from the Johner Institute by the customer.

2.2 The contract is concluded upon receipt of the customer's acceptance declaration by the Johner Institute in original, as a copy, or in electronic form. Changes made by the customer to the content of contract offers from the Johner Institute are considered a new offer from the customer; the contract will then only be established through explicit acceptance by the Johner Institute, and service performance does not constitute implied acceptance.

3. Access and Customer Obligations

3.1 Access to the contents of the Radar Products is enabled by creating a customer account.

3.2 The access data is valid for one user only, unless otherwise agreed.

3.3 The customer is obliged to keep the access data and passwords confidential and to prevent unauthorized use by third parties. In case of misuse, the Johner Institute is entitled to block access. The customer is liable for any misuse for which they are responsible.

3.4 The customer is responsible for ensuring that they meet the technical prerequisites for accessing the contents, particularly regarding hardware and operating systems. In the event of further development of the respective e-learning offer by the provider, the customer must independently take the necessary adjustment measures for the software and hardware they use.

3.5 The customer is responsible for revoking access to the Radar Products for users who leave the customer's employment. If the Johner Institute becomes aware that a user no longer has an active employment relationship with a customer, the Johner Institute can block access for that user.

4. Scope of Services and Availability

4.1 The contents accessible to the customer within a membership are defined in the offer.

4.2 The Radar Products are generally available seven days a week, 24 hours a day, with an availability of 95% calculated on the calendar year.

4.3 The Johner Institute is entitled to change, restrict, or replace the Radar Products' content accessible through the respective membership, and reasonably modify modules regarding their contents, especially reducing or expanding them. If such a change leads to a significant restriction of content accessible to the customer according to their membership, they are entitled to terminate the contract without notice. The right to terminate must be exercised within six weeks of the significant restriction taking effect.

4.4 The Johner Institute does not guarantee regulatory compliance, passing audits, or inspections by notified bodies, authorities, or other regulatory entities of quality management systems or technical documentation.

5. Intellectual Property and Usage Rights; Contractual Penalty

5.1 The contents provided by the Johner Institute are protected by copyright. All associated rights, especially reproduction, translation, reproduction by photocopy or similar means, storage and processing using electronic data processing, or distribution in computer networks - even in extracts - are reserved by the Johner Institute or the authors. The customer does not acquire any ownership or exploitation rights to the provided contents.

5.2 The customer receives the simple, time-limited, non-transferable right to use the services listed and ordered in the offer within the scope of the ordered usage and following the subsequent provisions.

5.3 The Johner Institute grants the customer the usage rights specified in the offer according to § 4 (1).

5.4 The usage right is limited to the customer. The retrieved documents may only be used by them for their own usage during the subscription period. Any transfer, particularly selling, renting, leasing, or lending of contents or documents, is prohibited.

5.5 It is prohibited to collect, reproduce, copy to additional data carriers, or save to retrieval systems elements of the computer programs related to the contents for unauthorized third-party use.

5.6 The Johner Institute is entitled to take technical measures to prevent usage beyond the contractually permitted scope, especially to install corresponding access blocks.

5.7 The customer is not entitled to use devices, programs, or other means to circumvent or overcome the provider's technical measures. If the customer violates this, the provider is entitled to immediately block access to the contents and terminate the contract extraordinarily without notice. Further rights and claims of the provider, particularly claims for damages, remain unaffected.

5.8 The customer commits to abiding by applicable laws and regulations when using the Johner Institute's offerings. In particular, no contents, materials, or information may be published or otherwise made accessible that violate legal provisions and/or these usage conditions. Especially the reproduction, publication, and distribution of Johner Institute contents (videos, downloads, other provided materials), regardless of the form, is prohibited unless explicitly agreed otherwise.

5.9 The Johner Institute is not responsible for content (e.g., texts, images, layouts, illustrations) that the customer provides or uploads or for content that results from use by third parties, in particular contractual partners of the customer.

5.10 The customer must not misuse the services offered by the Johner Institute in any way. Misuse particularly exists if the customer engages in usage that would require granting, transferring, or exercising rights under copyright law.

5.11 Any culpable violation of § 5 (10) results in a contractual penalty. In such cases, the user must pay an amount of €2,500 for each individual offense and separately for each repeat action. Further claims remain unaffected.

6. Duration and Termination of Contract

6.1 Unless otherwise agreed, this contract has a minimum term of one year and a notice period of three (3) months. Termination notices can be sent in writing to the institute's address given above or by email to [email protected]. If a notice of termination is not given in due time, the contract will be extended by a further year in each case.

6.2 The right to terminate for good cause remains unaffected.

7. Compensation

7.1 The compensation to be paid by the customer for the use of the Radar Products is specified in the offer concluded with the Johner Institute.

7.2 The compensation for the use of the Radar Products is to be paid in advance in each case. The exact payment conditions are described in the offer.

8. Liability

8.1 The Johner Institute is liable to the customer in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenditures.

8.2 Liability for defects of any kind in content generated using the Radar Products (e.g., PDF exports) is excluded, unless the defects are due to a fault in the Radar Products itself. The customer shall indemnify the Johner Institute and its agents against liability for defective content in relation to third parties.

8.3 In other cases, the Johner Institute is liable, unless otherwise regulated in (4), only for the violation of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible and on whose observance the customer regularly relies (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, liability of the Johner Institute is excluded, subject to the regulation in (4).

8.4 Liability for damages arising from injury to life, body, or health, and under the Product Liability Act, remains unaffected by the above limitations and exclusions of liability.

9. Artificial Intelligence (AI) Services

9.1 The Johner Institute uses artificial intelligence (AI) (models from Azure OpenAI) in certain areas of the Radar Products to enable functionalities such as analysis of customer-specific databases and generation of targeted responses.

9.2 The AI models are trained based on a variety of data and can recognize patterns and respond to provide high-quality services and support customers in analyzing databases they have built themselves.

9.3 The customer's data is not used for training the AI models. No personal data is transferred to the AI models. Even if personal data is stored in the Radar Products, it will not be passed on to third parties when using the AI models.

9.4 Despite careful development and implementation, AI models can make errors. The Johner Institute assumes no liability for decisions customers make based on information provided by the AI. It is the responsibility of the customer to evaluate the context and reliability of the information provided by the AI.

9.5 By using the Radar Products, the customer accepts that the Johner Institute uses AI models in the Radar Products and agrees to the associated terms and conditions.

10. Final Provisions

10.1 German law exclusively applies to legal disputes arising from or in connection with this contract, excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.

10.2 For merchants or persons without a permanent residence in Germany, the exclusive place of jurisdiction for legal disputes arising from or in connection with this contract is Konstanz.

10.3 Supplementary or deviating agreements require writing to be effective. The requirement of written form can only be waived by written agreement.

10.4 Should any provision of this contract be or become invalid, contain an unacceptable time limit, or be incomplete, the legal validity of the remaining provisions shall remain unaffected. If the invalidity is not due to a violation of §§ 305 ff. BGB, a valid provision that economically comes closest to what the parties intended, shall be deemed agreed upon instead of the invalid provision. The same applies in the case of a gap. In the case of an unacceptable deadline, the legally permissible measure applies.