General Terms of Use of iversity Learning Solutions GmbH for the platform iversity.org (“Terms of Use”)
Preamble
iversity.org is an internet based platform (“Platform”) run by iversity Learning Solutions GmbH,
Heidelberger Platz 3, 14197 Berlin, Germany (“iversity”), for the use of so called Massive Open Online
Courses (“MOOC”) as well as e-learning courses against payment. The Platform aims primarily at
professionals, who want to further their education. However, advanced students who want to take
courses beyond their degree programme or anyone else interested in academic further education
can also participate in the courses on the Platform (“User”). iversity therefore caters to the need of
communication between teachers and students and provides to this end the technical Platform.
iversity does not participate in the content related exchange between the Users. Due to the
academic environment of the Platform, iversity aims to keep a healthy balance between the free flow
of information and intellectual property rights, keeping the best interests of its Users in mind. iversity
is aware that the Users of the Platform expect all personal data conveyed to iversity to be handled
with utmost care. Our basic principle: The User has complete control over the content posted by him
or her (such as files, discussions, links, etc.). iversity will use the data provided by its Users solely for
the purpose of providing a reliable and useful service. Further information on handling personal data
of Users can be found in the privacy policy.
iversity expects its Users to display the same level of care in dealing with the personal and
intellectual property rights of other Users and rights holders. To ensure a productive and safe work
environment, it is indispensable to adhere to some general principles. Please see point 9 for those
principles.
By registering, the user agrees to the validity of and compliance with these Terms of Use. The user
can access, print, download or save these terms of use at any time, also after the contract has been
concluded, by clicking on the link https://iversity.org/de/pages/tos.
1. Scope
The following terms of use apply to the use of the Platform and to all connected services offered by
iversity. The Terms of Use also apply to the use of iversity via mobile devices. By registering for the
Platform the User agrees to accept the validity of and ensure compliance with these terms of use.
The User can read and print, download and save these Terms of Use at any time, even after the
conclusion of the agreement on the Platform’s website by following the link Terms of Service.
2. Registration and Conclusion of the User Contract
2.1 In order to be able to use the Platform, the User is required to register. After registration a
contract between the User and iversity about the use of the Platform is concluded (“User Contract”).
The registration for, and use of, the Platform is free for all users.
2.2 Only Users who are at least 18 years of age are allowed to register for the Platform.
2.3 A User can register for the Platform either by completing a registration form or logging in through
an existing facebook-account or another account of a comparable internet service.
2.3.1 If the User chooses to log in with their facebook-account or the account of a comparable
internet service, the User must enter the account data of facebook or a comparable internet service
and agree to these Terms of Use. The User Agreement is concluded upon clicking the button for
registration.
2.3.2. If the User chooses the completion of the registration form, they need to make sure the data
provided is complete and correct. It is prohibited to register for an account under a different name or
otherwise inaccurate information. In particular, iversity advises against the abuse of titles and
occupational titles (Section 132a of the German Criminal Code). Please note that the data provided
during registration may be used to create a certificate of participation. The User is also required to
immediately notify iversity of any changes of their data. Before filing the registration form the User
has to confirm that they agree to these Terms of Use. Please note that the User Agreement is not yet
concluded when sending the registration form by clicking on the respective button.
After sending the registration form the User receives a confirmation e-mail from iversity to the e-mail
address they provided in the registration form. In this e-mail the User is asked to confirm their
registration. This confirmation e-mail represents the offer for concluding the User Contract including
these Terms of Use. The User accepts this offer by confirming the registration through clicking on the
activation link provided in the e-mail. The User Contract between iversity and the User will be
concluded at the moment iversity receives the electronic confirmation from the User.
2.4. The contracting party for the use of the Platform is
iversity Learning Solutions GmbH
c/o Springer-Verlag GmbH
Heidelberger Platz 3
14197 Berlin, Germany
iversity-support@springernature.com
2.5 Following the successful conclusion of the User Contract the User can use the Platform in
accordance with the Terms of Use. To do so, the User needs to login to the Platform via the login
area of the website. The login data consist either of the login data of the user account for Facebook
or a comparable internet service, or of the e-mail address the user provided during the registration
and the password they chose (“login data”). The User can change the password anytime in their
account settings. If the User chose the login over Facebook or a comparable internet service, they
can change the respective login data in the account settings on the website of Facebook or a
comparable internet service.
2.6 iversity may refuse a registration without stating reasons for the decision. The User is not entitled
to conclude a User Contract.
3. User Account and Login Data
If the user is required to register, a user account will be created. The following regulations apply.
3.1 Users are obliged to provide correct and complete information when registering. In the event of
any changes, they are obliged to update the information in the user account immediately or to
inform iversity. iversity reserves the right to deny the User access in accordance with these Terms of
Use even if registration has been completed via the authentication service.
3.2 The access data assigned to the User for the user account are personal. They are intended
exclusively for use by the User concerned and may not be passed on to third parties, including family
members or colleagues. The User must treat his/her access data confidentially and protect it from
being disclosed to third parties. He/she may also not authorise or tolerate third parties to (co-)use
the user account.
3.3 If the User has reasonable grounds to suspect or knows that unauthorised persons have access to
his/her user account, he/she must inform iversity immediately or set a new password.
3.4 The User is liable to iversity for the consequences of the use of his/her user account by
unauthorised persons if he/she has intentionally or negligently enabled the unauthorised use of the access data. Liability is only excluded if the User has informed iversity of the unauthorised use or has
set a new password themselves. If unauthorised persons commit legal violations with a user account
that is not adequately protected against unauthorised access, such acts can be attributed to the User
according to case law.
3.5 Personalised access to content and services: Content and services that can be obtained in the
closed area of the platform are intended exclusively for the private or other personal use of the User.
3.6 If the User violates the Terms of Use, iversity has the right to first warn the User and temporarily
block the user account until the violation has ended.
Such offences are
- Incorrect or incomplete information during registration;
- Disclosure of access data;
- Authorising or tolerating the use of the user account by third parties outside the private
sphere;
- granting access to the portal's content and services to third parties outside the private area.
For violations of the rules of use (i.e. the regulations on unauthorised content and actions in Section
9), Section 11 shall apply.
iversity may (preventively) block access or the user account even without prior violation by the User
if there are actual indications of a concrete risk of a violation of the Terms of Use (Section 9) or other
provisions of these Terms of Use.
If there is reason to suspect that unauthorised persons have access to the user account, iversity also
has the right to temporarily block access to the platform or the user account until the matter has
been clarified.
If the User's access authorisation is temporarily or permanently withdrawn or expires due to
iversity's Terms of Use, the User can no longer use the services available in the closed area of the
platform.
Prior to the termination of the user relationship, the User is responsible for copying any data stored
by iversity that he/she still needs in a timely manner. Published user content will not be deleted.
4. Subject matter of the contract
4.1 On the Platform, MOOCs and courses against payment are offered for a variety of different areas.
These courses are supported by interactive elements. In particular, iversity helps to bring together the Users and gives them an opportunity to participate in MOOCs. iversity provides the technical
applications but does not participate in any communication with regard to the contents. Section 6
below applies for the participation in courses against payment.
4.2 The participation in. or the completion of, a MOOC does not constitute any legal relationship of
any kind between the User and the university, company or organization providing the course or the
respective lecturer. In particular, the User does not apply for or enrol in any courses at the university
or organization.
4.3 iversity reserves the right to cancel, change, archive or delay courses at any time. The User is not
entitled to participate in a specific course and / or at a specific time.
4.4 A Certificate of Participation can be issued upon reaching a certain level of learning progress
within a MOOC, as defined in the course, if the learning progress has been achieved. Unless expressly
labelled otherwise, certificate of participation do not constitute university certificates and do not
serve as proof of academic achievement.
4.5 Aside its own functions iversity also offers third party functionalities in the form of apps, or
provides links to third party content. In such cases, apps or third party content are clearly marked as
such. iversity is not responsible for these offers and cannot exert any influence on them. Any
contracts resulting from third party apps are concluded only between the User and the third party,
governed by the provisions of the respective provider.
4.6 iversity may provide the User with news on the Platform, e.g., new features, as well as on
modifications or upgradings of iversity’s services, via e-mail to the e-mail address provided during
registration, provided that the User agreed to the receipt of such a newsletter. If the User does not
want to receive news about the Platform and expansions of its range of services, they can
unsubscribe from the service by sending an e-mail to iversity@springernature.com at any time, or
stop the receipt of such information by changing their account settings. Furthermore, every e-mail
contains a link to unsubscribe from the e-mail list.
4.7 iversity aims to develop the Platform gradually and in close collaboration with the Users.
Therefore, iversity reserves the right to expand, supplement and modify the services of the Platform
or offer different services. iversity will continuously work to improve the system. In the event of
extensions, supplements or modifications to the service, all User data will be preserved unless the
User explicitly consents to the deletion of certain data or deletes them himself.
5. Free of Charge Services, Term and Termination
5.1 Registration and use of the Platform are free of charge for the User.
5.2 The User Contract is concluded for an indefinite period. iversity reserves the right to delete data from inactive users after 6 years.
5.3 Both parties may terminate the User Contract without giving any reasons to the end of each
month by giving notice two weeks. The right to terminate for important reasons remains unaffected.
The termination notice shall be delivered by e-mail to iversity-support@springernature.com . To
ensure the allocation of a termination to the right User the User must use the e-mail address they
used for registration, or shall include this email address in the termination e-mail. The User can also
terminate by deleting their account settings by using the corresponding function on the website.
iversity will confirm the termination of the User Contract by e-mail.
5.4Data and content that the User has released for other Users to access or posted in discussion
forums will not be automatically deleted even after the deletion of the account (see also section 8.2).
If a User wishes to delete data published and shared by them, it is their responsibility to delete such
data before the deletion of the account. iversity is not responsible for the use of data and content by
other Users, which the User has not deleted before their contract has been terminated.
6. Courses against payment and vouchers
6.1 A user account (Section 3) is required to order courses against payment and vouchers.
6.2 The User can select a course or open the page for the purchase of vouchers to start the ordering
process. The User enters the billing address, if required; in the case of vouchers, the value of the
voucher must be selected. The User can correct the data he/she has entered at any time.
6.3 When the User clicks the button "Proceed to Purchase ", the payment process is started.
Payment methods are PayPal, credit card (VISA), Sofort-Überweisung, giropay and mint. Upon
completion of the payment by clicking on the "Purchase now" button, the User makes an offer to
enter into the relevant contract. iversity automatically accepts this offer.
6.4 The payment method will be debited immediately after conclusion of the contract. Should the
payment be unsuccessful or be reversed, iversity may revoke the contract without setting a grace
period.
6.5 Courses against payment include a Certificate of Participation, which is issued when the required
learning progress specified in the course has been achieved. Unless expressly labelled otherwise, certificate of participation does not constitute university certificates and does not serve as proof of
academic achievement.
7. Right of Withdrawal
If the User concludes a contract against payment with iversity as a consumer, they have a statutory
right of withdrawal. Consumer means every natural person who enters into a legal transaction for
purposes that predominantly are outside their trade, business or profession.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (iversity Learning Solutions GmbH, c/o
Springer-Verlag GmbH, Tiergartenstraße 17, D-69121 Heidelberg, Phone: +49 (0)6221 487 0, E-Mail:
iversity-support@springernature.com ) of your decision to withdraw from this contract by an
unequivocal statement (e.g. a letter sent by post or an e-mail). You may use the attached model
withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your
exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you,
including the costs of delivery (with the exception of the supplementary costs resulting from your
choice of a type of delivery other than the least expensive type of standard delivery offered by us),
without undue delay and in any event not later than 14 days from the day on which we are informed
about your decision to withdraw from this contract. We will carry out such reimbursement using the
same means of payment as you used for the initial transaction, unless you have expressly agreed
otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services or the supply of water/gas/electricity/district
heating [delete where inapplicable] during the withdrawal period, you shall pay us an amount which
is in proportion to what has been provided until you have communicated us your withdrawal from
this contract, in comparison with the full coverage of the contract.
Special note
The right of withdrawal will expire ahead of time if the contract was completely performed by both
parties upon your express request before you exercise your right of withdrawal.
Model withdrawal form (complete and return this form only if you wish to withdraw from the
contract)
— To iversity Learning Solutions GmbH, c/o Springer-Verlag GmbH, Tiergartenstraße 17,
D-69121 Heidelberg, E-Mail: iversity-support@springernature.com:
— I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the
following goods (1)/for the provision of the following service (1),
— Ordered on (1)/received on (1),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
________________________________________
(1) Delete as appropriate.
8. User generated content, copyright and other rights to content; text and data mining
8.1 The User is and remains the author of their copyright protected work the “User Content”). The
same applies after publication of User Content on the Platform.
8.1.1 The user grants iversity for the operating of the Platform and for the display of the User
Content the transferable, non-exclusive rights unlimited in respect of time and place to the works
published on the Platform. This includes the right to distribute, reproduce, adapt, make available,
broadcast and retransmit and to recite, perform and present in public. In particular, they grant
iversity the right to make the User Content available on the Platform in any form, and to undertake
any adaptations and reproductions that are required for this purpose (storage on the servers of
iversity, etc.) and to permit reproductions to other Users. This also includes the right to undertake
acts of exploitation within the context of additional functionalities applicable at any given time, such
as copying, editing and storing of documents published in the context of apps, news feeds (in varying formats if necessary), other subscription services (push services) or retrieval services (pull services)
and the use of User Content in optimized versions of the Platform on mobile devices or of apps. The
rights granted are always limited to functions and features of the Platform. The User hereby agrees
to a possible assignment of rights.
8.1.2 iversity also reserves the right to open the Platform using an appropriate application
programming interface (called API), so that the Platform may be used by or in the context of internet
services provided by third parties, which may include granting access to content posted by the User.
The User can determine whether the contents shall be accessible by the public. In that regard, the
User grants iversity the right to permit the exploitation of rights to third parties to the same extent as
they were granted to iversity. This shall not affect iversity’s entitlement to continue to use the rights
granted to iversity.
8.1.3 The rights granted to iversity according to the provisions above do not allow it to exploit the
Users Content independently of the Platform. Any reproduction or use of the contributions and their
content in other electronic or printed publications beyond iversity’s service without the prior written
consent of the User is not permitted. If Users delete their data, the grant of rights to iversity ends as
well and the granted rights shall revert to the user.
8.2 iversity provides discussion forums on the Platform where the User can discuss the courses
provided, ask questions and provide and discuss proposals as texts, images, links, etc. Content
published in discussion forums are publicly accessible. Every User can delete, at any time, content
they provided.
8.2.1 The Platform thrives on User generated information which are linked in various ways and in
some cases build upon one another (especially in discussions and comments of individual courses).
The granting of rights pursuant to the entire Section 8.1 is therefore irrevocable and continues even
after the termination of the User Contract in order to enable the continuing operation of the
Platform. This applies as well if an exploitation right was assigned to a third party by iversity. Content
uploaded onto the Platform by the User for public access may remain publically available, even after
termination of the User Contract by the User (see Section 6.4 for deletion of data). However, this
does not apply for the User profile, which will be deleted in any case after termination of the User
Contract (see Section 6.4).
8.2.2 Without prejudice to secs. 8.2 and 8.2.1 iversity reserves the right to delete certain contents
without giving any reasons. The User is not entitled that certain content remains on the Platform.
8.3 Any content provided by iversity or a third party may be protected by copyright or other
intellectual property (e.g., logos of universities or organizations). The User is granted only a non-
exclusive, non-transferrable right for the non-commercial use of the content in context of the work
for the course on the Platform only. Any further use of legally protected content (e.g., transfer to
third parties) is only permitted after prior written consent by the respective rights owner.
8.4 The contents of the Platform may not be used for the development, training and/or enrichment
of AI systems, in particular generative AI systems.
The use of the contents of the platform for text and data mining is expressly reserved. Text and data
mining is therefore only permitted to the extent that this is authorised by an express contractual or
statutory provision.
9. Rules for the use of the iversity Platform and for posting content
By providing the Platform iversity provides the technical conditions for an open exchange of
experiences and opinions of the Users without any influence by iversity. Only to the extent that it is
obligated by law or by authorities, iversity will examine specific content, remove it and take
appropriate measures, if necessary. Therefore, it is of outmost importance that Users respect the
rights of third parties and generally commit to a respectful interaction and mutual consideration of
each other’s interest. This includes, in the areas for the exchange of views and discussions, tolerance
and the openness towards different-minded people and the readiness for constructive conflict
resolution when needed. In particular, the user commits to observe the following rules on the
Platform:
If the User participates in interactive services, comments or uses communication options, he/she
undertakes to observe the following rules of use:
9.1 Prohibited content and behaviour
The User may not post any unauthorised user content or behave in an unauthorised manner.
Prohibited are criminally relevant content; content that violates the rights of third parties, e.g.
intellectual property rights and personal rights; content that violates other legal regulations;
harassment of other users of the portal; actions that may impair the operation of the Platform.
9.1.1 In particular, the following content is not permitted
• Content that depicts or describes children or adolescents in unnaturally sexualised postures,
that is erotic or pornographic, that involves violence, the sexual abuse of children or adolescents or sexual acts between humans and animals, as well as content that violates
regulations for the protection of minors for other reasons; this also applies to content that
refers to or implies such content and/or objectives;
• Making or disseminating deliberately untrue statements of fact about persons or about
companies and their products and services;
• other defamatory content, e.g. unnecessarily disparaging value judgements;
• Content that violates the right to protection of privacy and intimacy and/or otherwise
violates the general right of personality (e.g. also the right to one's own image or the
confidentiality of the spoken word) and/or threatens others in any way or otherwise puts
them under psychological pressure;
• Content with racist or xenophobic tendencies, content glorifying violence and extremist
content; incitement to criminal offences, approval of criminal offences;
• other content, the acquisition or distribution of which is a criminal offence;
• Content that infringes the trademark rights (trademarks, company logos, titles) or other
industrial property rights (e.g. design rights, trade secrets) of third parties, including
advertising for offers of infringing products and other services; and/or
• Content that infringes the copyrights of third parties (e.g. plagiarism of third-party scientific
works).
9.1.2 The following behaviour by the User is not permitted:
• Disclosure of personal data of other users or third parties (e.g. names, telephone numbers, e-
mail addresses), unless there is a legal basis under data protection law, e.g. effective consent
of the data subject, or - if Art. 6 GDPR is not applicable due to a media privilege - the
disclosure is not an unlawful interference with the general personal rights of the data
subject;
• Acts that are punishable as persistent stalking under Section 238 StGB if they are committed
repeatedly and if they are capable of significantly impairing the victim's way of life;
• other harassment of other users or third parties and bullying (e.g. threats, harassment,
causing psychological distress);
• the advertising of products or services; this applies in particular to the offering of goods or
services against payment or the invitation to purchase them;
• Advertising for bets and competitions;
• Fraudulent acts;
• Use of automated processes to extract data from the portal (scraping, crawling);
• Providing access to other user accounts or to data that is not intended for the user (Section
202a StGB);
• Data alteration (§ 303a StGB);
• Impairment of the technical operation of the portal, e.g. overloading the server due to a
large number of simultaneous requests (denial-of-service attacks), other forms of computer
sabotage (Section 303b StGB);
• Spread of malware.
9.1.3 In principle, the User may provide references to information offered by third parties and also
set hyperlinks to online content outside the Platform. However, the User must ensure that the
content that can be accessed on the linked websites or its distribution does not in turn violate the
above prohibitions.
9.11 Furthermore, the User is obliged to comply with the following code of conduct:
• I will register for one account only and for my personal usage and will not make the login
data available to anyone.
• All work results which I hand in with regard to examinations are the result of my own work
without external help (unless collaboration with others is explicitly permitted) and without
the aid of materials other than moreexplicitly permitted for the course.
• I will not make available any solutions to examinations or other assignments to others. This
includes my own solutions as well as those released by the respective lecturer.
• will not engage in any activity that would dishonestly improve my results, or improve or
deteriorate the results of others. In particular I will not perform any examinations or provide
any other assignments for others.
10. Moderation of User Content
10.1 iversity is not legally obliged to monitor the content provided by users ("User Content") in
general or to investigate circumstances that indicate illegal activity. However, iversity will take action
as soon as it becomes aware of illegal information.
10.2 Review prior to publication: iversity will generally not review User Content prior to publication.
However, on certain occasions, e.g. in the case of controversial topics or due to previous
unauthorised User Content, iversity reserves the right to release User Content only after verification.
10.3 Review after publication: iversity does not proactively check already published User Content for
illegal or unauthorised content. However, such checks may take place for a given reason, e.g. due to
previous unauthorised User Content.
10.4 Means of verification: iversity checks suspected unlawful User Content or unlawful behaviour
for compatibility with the Terms of Use. A decision is not made solely by means of automated tools.
11. Violation of the rules of use (section 9.1.1)
11.1 Users can report User Content or other users for possible violations of the rules of use (section
9.1.1).
The following provisions also apply if iversity becomes aware of potentially inadmissible User
Content or inadmissible behaviour through its own research or otherwise.
11.2 Principles for measures: iversity shall take appropriate measures in the event of violations. The
more serious the offence detected, the more extensive the measures taken by iversity against the
User concerned. iversity is aware of the importance of freedom of expression; at the same time, it is
committed to the safety of users as a whole and the rights of third parties, as well as to combating
criminal content.
11.3 Measures in the event of serious violations: In the event of serious culpable violations of the
rules of use, in particular in the case of criminal content or criminal actions or significant violations of
personal rights, iversity is authorised to delete the content in question immediately. It may also
terminate the contractual relationship for cause. The user account will then be permanently blocked
with immediate effect; the User may not register again.
11.4 Measures for other offences: In the event of other violations, iversity is entitled to block
unauthorised content, terminate, or reverse unauthorised actions and warn the User and require
them to comply with their obligations. iversity may also temporarily block access to the portal or the
user account.
11.5 Opportunity to comment: The User will be informed immediately by email if content is blocked
or intended to be blocked and will be given the opportunity to respond within a reasonable period of
time. iversity shall then decide whether to permanently block or delete the unauthorised content
and whether to take further measures, e.g. issue a warning or, if necessary, terminate the
contractual relationship for cause in view of the seriousness of the violation (Section 0).
11.6 Measures in the event of repeated offences: If a User culpably commits another comparable
violation of the rules of use despite a warning, iversity is also entitled to terminate the contractual
relationship without notice (Section 0).
11.7 Notification of measures: Decisions to block or delete content and to block access or the user
account and to terminate the contractual relationship shall be communicated to the User concerned
by email without delay, stating the reasons. Persons or organisations who have reported
impermissible User Content or other violations of the rules of use will also be informed by e-mail of
iversity's reasoned decision; this also applies in the case of iversity's decision not to take any action.
11.8 Offences against criminal law: If iversity becomes aware of content or actions that are relevant
under criminal law, it will generally inform the law enforcement authorities; in certain cases it is also
legally obliged to do so.
12. Transparency reports
According to Art. 15 of Regulation (EU) 2022/2065 (Digital Services Act), iversity is obliged to publish
a transparency report on the content moderation carried out at least once a year. The transparency
reports are then made publicly available on the Internet by iversity.
13. Internal complaints management
13.1 Persons entitled to lodge a complaint: Users, including reporting persons or organisations, who
are affected by a decision made by iversity in connection with the moderation of content (Sections
11.2 to 11.7) can lodge a complaint against the decision.
13.2 Time limit for appeal: The right of appeal exists within six months after notification of the
decision; thereafter, iversity is no longer obliged to process an appeal.
13.3 Filing an appeal: The complaint can be submitted by e-mail to iversity-support@springernature.com .
13.4 Procedure and review criteria:
13.4.1 Upon receipt of a complaint, iversity will review the decision and the action taken, if any, and
take into account the objections raised by the complainant. In doing so, the affected interests and
rights are weighed against those of the User, in particular their freedom of expression (Art. 5 para. 1
of the German Constitution) and other rights that are relevant in the individual case, in order to determine whether the measure taken was proportionate or whether a measure that was not taken
was necessary.
13.4.2 If it turns out that the decision not to act on a complaint is unfounded or that the information
to which the complaint relates is neither unlawful nor in breach of the Terms of Use, or that the
behaviour of the complainant does not justify suspension or termination of the Service or closure of
the account, iversity will reverse its decision immediately.
13.4.3 Once iversity has decided on the complaint, it will immediately inform the complainant by
email of its reasoned decision.
13.5 Legal remedies: Users, including reporting persons or organisations affected by a content
moderation decision (sections 11.2 to 11.7), have the following legal remedies in connection with
such decisions and with complaints that have not been resolved by means of the internal complaints
management system:
13.5.1 The User may select a certified out-of-court dispute resolution body to conduct a dispute
resolution procedure. iversity is obliged to cooperate with the selected dispute resolution body.
13.5.2 Irrespective of an out-of-court dispute resolution, the User may also file a lawsuit against
iversity before a competent court.
14. Warranty and liability of the User / Indemnification
14.1 The User assures and warrants that they are entitled to and able to grant iversity the rights of
use to the uploaded User Content in the scope as provided for in Section 8. The User warrants to
iversity not to post content onto the Platform which violates the provisions of Section 9, not to
commit any of the prohibited acts provided in and not to provide any false information.
14.2 The User is solely responsible for all of their content uploaded to the portal including texts,
articles, photographs, etc., and for the existence of any necessary legal entitlements relating to that
as well as for their actions on the Platform. iversity does not generally check the content and actions
of the User unless iversity is legally obliged to do so. The User indemnifies and keeps iversity, its
personnel harmless from any liabilities or expenses including legal attorney's fees as well as potential
and actual costs of legal proceedings and administrative fines, if claims are being brought on iversity,
its employees or other personnel because the User culpably violates their obligations under Sections
8 and 9. and infringes rights of third parties or of persons represented by them. The same applies if claims results from otherwise illegal content and in cases where claims are brought by consumer
bodies or authorities. iversity informs the User about the claim and gives them, to the extent possible
and reasonable, the opportunity to defend against asserted claims. The User is obliged to end the
infringing use immediately if requested by iversity and to fully disclose to iversity all relevant facts
concerning the use. All further rights and claims of iversity for damages remain unaffected.
14.3 If rights of third parties are violated by the User's contents the User has to provide iversity at
iversity’s own discretion and at the User's expense with the right of use, if the User is the owner, or
limit the content so that no third party rights are being violated.
15. Liability
15.1 iversity’s liability shall be limited as follows:
15.1.1 iversity shall be liable to Users without restriction for any damages arising from injury to life,
limb or health, based on an intentional or negligent breach of duty and for other damages caused by
intentional or gross negligent breach of duty or an acquired assurance or warranty.
15.1.2 For other damages incurred due to slight negligence iversity is only liable in case of breach of
essential contractual obligations, meaning contractual obligations which are essential for the proper
conduct of the performance and on which the contractual partner can reasonably rely as well as
those whose breach jeopardizes the purpose of the contract. In these cases iversity’s liability is
limited to damages that are fore seeable for this type of contract.
15.1.3 The above limitations of liability shall apply also to the personal liability of iversity’s officers,
employees and agents.
15.2 Only the User shall be liable for content uploaded by the User. In this respect iversity shall not
assume any liability unless legally obliged.
15.3 iversity ensures availability of online services 95% of the time on a monthly average. The User
acknowledges that a constant availability of the Platform’s website is technically impossible. In
particular, maintenance, security or capacity issues and events not in the sphere or influence of
iversity (e.g., disruptions in public communication networks, power failures etc.) may result in brief
malfunctions or temporary suspension of services on the Platform’s website. iversity may change the
times of availability of certain parts of the services at any time and after a respective not on the
website of the Platform.
15.4 If iversity is unable to provide the service of the Platform due to operational or technical
malfunctions it will undertake all efforts reasonable to publish a respective note about the
interruption of the service on the homepage of the Platform’s website as soon as possible. iversity
shall not be liable such interruptions as well as for damages resulting from loss of data if the damages
could have been avoided by a regular and complete backup of all relevant data by the User.
Therefore, each and every User should ensure the backup of important documents at regular
intervals.
16. Modification of Services of the Platform
16.1 iversity reserves the right to add, modify or remove any or all of the services of the Platform at
any time, in particular with regard to the courses, or change the hours of operation of the Platform.
16.2 iversity shall notify the Users of any changes to the services of the Platform made pursuant to
Section 16.1, including the details of the changes made to the services and the effective date of such
changes. However, iversity shall not be required to provide any such notification where advance
notice is impossible or time-critical changes are required due to circumstances outside Company's
control.
17. Change of Contracting Party
iversity may transfer or assign the User Contract to another party. The other party will, in this event,
take over the rights and obligations that arise under the User agreement towards the User and
become the new contracting party of the User. iversity will inform the User about such a transfer of
contract in due time. The User may object to the transfer/assignment and/or terminate the User
Contract within 30 days upon receipt of this information in writing to the above mentioned address
or via e-mail to iversity@springernature.com (objection period). If the User does not declare their
objection or give notice of termination, the User shall be deemed to agree to the
transfer/assignment of the User Contract. iversity will particularly point out to the User the
consequences of failing to act within the objection period.
18. Contract Language, Storage of User Contract
18.1 iversity focuses primarily on German-and English-speaking Users. The communication between
the Users and iversity is therefore entirely in German or English. The Terms of Use and consumer
information are also available in English and German.
18.2 iversity sends the User these Terms of Use as part of a confirmation e-mail in text form, in
connection with the conclusion of the contract. iversity does not store or display on its website any
other separate contract about the user relationship. The contents of the agreement concluded with
iversity therefore is identical with these Terms of Use which can also be accessed on the website
under iversity.org/pages/terms/.
19. Amendments to Terms of Use
19.1 iversity may amend these Terms of Use at any time provided that any such amendments are not
in violation of any applicable legislation. When iversity amends these Terms of Use, it shall send to
the Users the amended terms along with details of the amendments together with the effective date
and reasons for the amendments via e-mail at least 30 days prior to the effective date of the
amendments. The User shall be deemed to have agreed to the amendments unless they expressly
object to them within 30 days after receipt of the e-mail (objection period). The objection must be in
writing or sent via e-mail to iversity@springernature.com (objection period). In the e-mail iversity will
particularly point out to the Users the amendments and the consequences of failing to act within the
objection period. In the event that the user objects to the amendments, iversity expressly reserves
its right to immediately terminate these Terms of Use and the service towards the User.
19.2 If a fee is charged for individual services, in particular the participation in a course against
payment, the User and iversity will enter into separate agreements (Section 6).
19.3 iversity shall not be responsible for any damage caused to, or loss suffered by, users due to their
failure to notice an amendment to the terms of use provided that iversity has performed all of its
obligations under this Section 16 in relation to such amendments.
20. Final Provisions
20.1 The contractual relationship with Users, these Terms of Use and their interpretation shall be
governed solely by the laws of the Federal Republic of Germany. The application of German
International Private Law and the United Nations Convention on Contracts for the International Sale
of Goods (“CISG”) is excluded. If the User is a consumer, then the mandatory consumer protection
rules of the state in which the user has their permanent residence are additionally applicable
provided they offer the user a more extensive protection.
20.2 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 permanent residence within Germany. then the venue for litigation arising out of or in connection with this contract is Berlin. 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 permanent residence within Germany, then the
venue for all rights and obligations resulting from the contractual agreements with the user is Berlin.
21. Out-of-court settlements:
We generally do not engage in out-of-court settlements before consumer arbitration bodies.
However, under the regulation (EU) 524/2013 we are obliged to inform you that the European
Commission provides a platform for online dispute resolution, which is available at
http://ec.europa.eu/consumers/odr/.
Last revision: October 2024