Terms and Conditions

Last updated: March 7, 2025

AGREEMENT TO OUR LEGAL TERMS

We are Medical Innovations Incubator GmbH, doing business as MII (“Company,” “we,” “us,” or “our”), a company registered in Baden-Württemberg, Germany under company EUID DEB2609.HRB751684 with German commercial register id HRB 751684 at register court Amtsgericht Stuttgart, at the company address Eisenbahnstraße 63, 72072 Tübingen, Baden-Württemberg, Germany. Our VAT number is DE298438302.

We operate the website https://psychtoolbox.net (the “Site”), and we maintain and provide a set of Mex executable software files (referred to in this document as the “App”, and defined below in detail) which are derived from, and included for use with, the Open-Source Software toolkit Psychtoolbox, as well as any other and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

Our Services enable and support the convenient use of the Psychtoolbox Open-Source Software (“OSS”) toolkit, which is a collection of software extensions to the script programming and scientific computing environments MathWorks Matlab and GNU/Octave. Psychtoolbox extends these scripting and computing environments with functionality to aid effective, efficient, and more trustworthy neuroscience research, cognitive science research and psychological science research, as well as related areas of research and education.

For your convenience, the Psychtoolbox OSS software includes some ready-made executable files for use with recent versions of Matlab and GNU/Octave, so called Mex files. A subset of these Mex files is maintained by us. These Mex files are crucial for effective use of Psychtoolbox, as they provide the interfaces to the operating system, various computer hardware, and other relevant third-party software and hardware for research. Some subset of these Mex files included in Psychtoolbox has been built by us from the public Psychtoolbox Open-Source code and been tested by us to achieve good performance, reliability and precision when used on officially recommended hardware, operating-system, and software system configurations, as described on the official Psychtoolbox community website (reachable through links from our web Site). The specific subset of Mex files provided by us, for Psychtoolbox versions starting with version 3.0.20, and supporting some operating system platforms as specified in the description of the subscription plans that we offer, including but not necessarily limited to Microsoft Windows and Apple macOS, is referred to in this legal document as “the App”. The Mex files constituting the App will only work with an active paid software subscription license that you can purchase from us via our authorized Resellers (“the Product”). See the section “SUBSCRIPTIONS” later in this document for subscription terms.

App Usage Requirements

Please note that the use of the App requires periodic network access to function properly for software licensing checks. Time-limited offline use for at least 14 days is possible, with longer offline use available if stated in the purchased subscription plan. Additionally, it is impossible to run the App in virtual machines or containers, as the App will not launch in such environments. These requirements are valid unless otherwise explicitly stated in the subscription plan or via an additional separate legal agreement between us (the company) and the customer.

Disclaimer for Functionality and Performance

Please note that the supported functionality and performance of the App may vary based on your chosen operating system, hardware, software configuration, and the version of Psychtoolbox you are using. Some of the offered subscription plans may limit functionality or performance. For information about recommended system setups and differences in functionality and performance, please refer to the Psychtoolbox community website.

We generally recommend using the latest published version of Psychtoolbox 3.0.20 or later, as well as the most recent version of the included App. New versions of Psychtoolbox and the App may occasionally remove functionality or change the set of supported system setups at our sole discretion.

Disclaimer for Self-Built Mex Files

If you prefer not to purchase subscription licenses from us, you have the option to build the required set of Mex files from the public Open-Source code of Psychtoolbox yourself. Please note that the correct building and functioning of these self-built Mex files will be solely your responsibility. We will not provide any user support for these files in case of problems or questions.

Disclaimer for Third-Party Mex Files

Any Mex files included in Psychtoolbox that are not part of the App and may be provided by third parties, do not require a subscription from us to enable their use. We do not offer support for these files in case of problems or questions. Additionally, we are not responsible for their proper functioning or performance.

You can contact us by phone at +49 152 / 52 99 85 35, email at psychtoolbox@mi-incubator.com, or by mail to Medical Innovations Incubator GmbH, Eisenbahnstraße 63, 72072 Tübingen, Baden-Württemberg, Germany.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Medical Innovations Incubator GmbH, and concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

These terms and conditions were created based on a free template, kindly provided by Termly: https://termly.io

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PRODUCTS
PURCHASES AND PAYMENT
SUBSCRIPTIONS
RETURN/REFUNDS POLICY
SOFTWARE
PROHIBITED ACTIVITIES
THIRD-PARTY WEBSITE AND CONTENT
ADVERTISERS
SERVICES MANAGEMENT
PRIVACY POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
MISCELLANEOUS
CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations, for example but not limited to (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Authorized Use

All products offered for sale by Us are for academic study and/or research use only. Products intended for research use only have not been approved or cleared for clinical use. You are solely responsible for the proper and safe use of all products in accordance with manufacturer’s instructions. If used for research purposes, all use of these products must be in compliance with appropriate human subjects’ procedures as they exist within your institution and will be your obligation.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content is protected by copyright laws and treaties in Germany and around the world.

The Content and Marks, except for the App, are provided in or through the Site “AS IS” for your personal, non-commercial use / internal business purpose only.

The App is provided “AS IS” for any personal, commercial, and non-commercial use, subject to the licensing terms and conditions as described by the various OSI compliant Open Source Software licenses which are included in the OSS Psychtoolbox distribution which contains the App.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use / internal business purpose. These limitations of use do not apply to the App, which can be downloaded, modified, redistributed and used freely for any personal, commercial, and non-commercial use, subject to the licensing terms and conditions as described by the various OSI compliant Open Source Software licenses which are included in the OSS Psychtoolbox distribution which contains the App.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks, except for the App, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks, other than the App, and other than as set out in this section or elsewhere in our Legal Terms, please address your request to: psychtoolbox@mi-incubator.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services, you:

confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that any such Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately contact us under the provided contact address.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use some functionality or parts of the Services, e.g., self-management of your purchased subscription, and self-management of machine activations associated with the license provided to you as part of a subscription. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We make every effort to display as accurately as possible the features, specifications, and details of the products available on the Services. However, we do not guarantee that the features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

Authorized Resellers and Prices

Our software subscriptions are sold to you by our authorized reseller, currently the company FastSpring, a Merchant of Record. Our product page will redirect you to the website of the online store of FastSpring if you decide to acquire a software subscription for use of the App from us. FastSpring terms of service for a sale and their data protection and privacy statements can be found via prominent links on their online store website.

FastSpring accepts payment via a variety of payment methods and payment providers. The specific set of methods and providers available to you depends on your location and can vary from country to country. Available currencies for payment will depend on your chosen payment method and your location.

We sell software license subscriptions for the App (i.e. for using those Psychtoolbox Mex files included in Psychtoolbox and provided by us, which do require a software license key and activation to run), and offer multiple subscription plans which may differ in price, duration of a subscription cycle, supported product features and specific product versions enabled by the plan, and maximum number of computer setups (nodes / activations) that can be used simultaneously with a chosen subscription plan. Each subscription plan is described on our product page on our website.

Current Net purchase prices are denoted on our site in the European currency of EURO. Once you navigate from our product description page to the product checkout page at the online store of our Reseller, or ask our Reseller for a formal quote, the equivalent prices for payment will be displayed to you in the supported currency at your current location for your selected payment method. These prices are converted from Euro to your checkout currency, based on current exchange rates at time of purchase or creation of a formal quote, with a small adjustment applied by our reseller to cover their currency handling costs and to account for currency exchange rate fluctuations.

Sales tax will be added to the price of purchases as deemed required by our authorized resellers. Tax exempt organizations can prove their tax-exempt status to the Reseller at product checkout for a tax-exempt purchase, by use of a country specific method. E.g., buyers in the European Union can enter their VAT Id number. They can also contact FastSpring support for assistance with tax exempt orders, and for tax refunds after purchase under certain conditions. The consumer support link below provides access to relevant contact forms. Be advised that we cannot provide any tax refunds to you, as all handling of sales tax, VAT/GST etc. is performed solely by our reseller FastSpring, which is fully responsible for deciding about tax exempt status, tax calculation, withholding and remittance, without involvement from our side.

We may change prices at any time.

Questions with respect to the purchase process from FastSpring, including receiving formal Quotes for a prospective purchase, creation of Purchase orders, receiving of Invoices or Receipts, payment methods and modalities, handling of tax, and also how to receive a sales tax exemption if your organization is exempt from sales tax, and similar questions and issues are most efficiently and quickly addressed by visiting the FastSpring customer support pages, and possibly contacting their customer support, by visiting the following website: https://fastspring.com/consumer-support

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services and our reseller. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date if applicable, so that we or our reseller can complete your transactions and contact you as needed.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us or our authorized resellers to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services and our reseller. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, unauthorized resellers, or distributors.

7. SUBSCRIPTIONS

Subscription Usage Details

Your subscription allows you to use the App (as defined at the beginning of this document) on the specified operating system platforms, hardware, software configurations, and App versions mentioned in your purchased subscription plan description.
Some subscription plans may limit the App’s functionality or performance, or they may restrict the range of App versions you can use. These limitations can be due to technical reasons, such as certain subscription plans requiring a minimum version of the App to implement required functionality not available in earlier versions of the App.

Additionally, discounted or cheaper plans may have restrictions. For example, plans for demonstration and evaluation purposes only, plans for academic training and education, or plans that only allow use with certain versions of the App up to a specific maximum version.

Start of subscription

Your subscription will start at the time when your first payment is received by our authorized Reseller. You will then receive an e-mail receipt with the confirmation of the start of your subscription, and thereby the start of the first billing cycle. The e-mail will include the subscription terms, and the software license key (also known as product key) which allows you to activate the App on up to the licensed number of simultaneous computer setups (also known as nodes, seats, machines), as well as setup instructions for activating the App on a node with the help of the license key. The number of allowed nodes for simultaneous use of the subscription license will depend on the type of subscription plan you choose when you subscribed to the Services. The e-mail will also include a link to allow you to download an invoice for your subscription purchase, and a link to access a customer self-service portal of our Reseller, which allows you to manage your subscription, e.g., payment method, to switch from automatic to manual rebilling, or to cancel your subscription. An additional separate e-mail from our licensing provider Cryptlex will provide you with the option to create a customer self-service account with them to allow management of the set of licensed and activated nodes under your subscription for the App.

Billing, Duration and Renewal

Your subscription will continue and automatically renew unless cancelled. You consent to our authorized Reseller charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order, or until you switch to manual rebilling. A switch to manual rebilling will require you to manually perform a payment at the end of each billing cycle to continue your subscription. In case of manual rebilling or problems with your payment method on record, automatic payment reminder e-mails will be sent to your e-mail address on record. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Missing Payments

In case your payment for a new billing cycle is overdue, i.e. it hasn’t succeeded by the end of the current cycle, your App license will be suspended and therefore the App will stop working on all nodes associated with the subscription. Up to three payment reminders will be sent out after every week of overdue payment, until payment has happened. Your subscription will get cancelled two weeks after the final payment reminder if no payment has been received by then. After an overdue payment has been received by our Reseller before cancellation of your subscription, the App will resume working.

Free Trial

We offer a 14-day free trial to new users on new machines on which the App is used the first time, registering the App with the services of our licensing provider. This happens automatically at first use of the App after installation on a new node, after the user has given informed consent, without the need to buy a subscription. The App will stop working on a given machine at the end of the free trial. You will then be required to buy a paid subscription from our authorized Reseller to continue use of the App on a machine, once the free trial has expired.

Cancellation

You can cancel your subscription at any time by logging into your customer account, as created for you by our authorized Reseller when placing your first order. Login links can be found on your email receipt after purchase and start of a subscription. Your cancellation will take effect at the end of the current paid term. This means that at the end of the current paid term, the subscription will not automatically renew anymore, you won’t be charged anymore, and the App will cease to function on all nodes associated and activated with your cancelled subscription. You can un-cancel your subscription via your customer account as well, if you change your mind, as long as you do so before the end of the current paid term.

If you have any questions or need help with managing your subscription, please email us at psychtoolbox@mi-incubator.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

8. RETURN/REFUNDS POLICY

Please review our Return and Refunds Policy posted on the Services prior to making any purchases. It also contains contact addresses for requesting a refund.

9. SOFTWARE

The OSS Psychtoolbox software toolkit includes a set of Open-Source software licenses, which will govern your use of the software toolkit, including the App (i.e. specifically the subset of Mex files which are provided, maintained and enabled by us, and which are only usable by purchase of a paid software subscription from us), and your redistribution rights to the software, including the App.

Any of the software and App, and any related documentation, is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of Psychtoolbox, of the App, and of any other software provided by us. You may not reproduce or redistribute the software and App, except in accordance with the Open-Source software licenses included in Psychtoolbox.

10. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services, with exception of the App, may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use a buying agent or purchasing agent to make purchases on the Services.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Services.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Attempt to impersonate another user or person or use the username of another user.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Use the Services as part of any effort to compete with us.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the software that operates our website, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
Tarnish, or otherwise harm, us and/or the Services.
Use the Services in a manner inconsistent with any applicable laws or regulations.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site or App,) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third- Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. ADVERTISERS

We may allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

13. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.psychtoolbox.net/data-protection

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITH REASONABLE NOTICE, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON WE DETERMINE TO BE APPROPRIATE, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITH REASONABLE NOTICE, IF REQUIRED BY LAW.

Termination for Misconduct

We may terminate your use or participation in the Services if we determine, in our reasonable discretion, that you have engaged in conduct that materially breaches these Legal Terms or violates any applicable law or regulation. In such cases, we will provide you with reasonable notice and an opportunity to cure the breach, if feasible, before termination takes effect.

No recreation of a new account after Termination

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Wind-Down Provision and Subscription Continuity

Subscription Cancellation and Continuity: Upon deciding to wind down our services, we will cancel your subscription but make reasonable effort to guarantee that your subscription will mostly remain functional until the end of the current subscription period. This means you will continue to have access to the most recent published version of the App at time of wind down on the currently activated nodes until the subscription period concludes. The subscription will not be renewed in the case of a wind-down.
No Further Liability: After the wind-down process is complete and services have terminated, the company shall have no further liability to the customer.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. In case of discontinuance, see the “Wind-Down Provision and Subscription Continuity” section above.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the state of Baden-Württemberg in the country of Germany, applicable to agreements made and to be entirely performed within Baden-Württemberg, Germany, without regard to its conflict of law principles.

18. DISPUTE RESOLUTION

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 90 days. Such informal negotiations commence upon written notice from one Party to the other Party.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE. CERTAIN GERMAN LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

26. CONTACT US

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Medical Innovations Incubator GmbH
Eisenbahnstraße 63
72072 Tübingen
Baden-Württemberg
Germany

Phone: +49 152 / 52 99 85 35
Email: psychtoolbox@mi-incubator.com