1. Introduction

1.1 This Agreement ("Agreement" or "Terms of Use" or "Terms") is issued by Hypocampus AB, org. n. 559072-5155, Vasagatan 58, 411 37 Gothenburg, Sweden, ("Hypocampus", "we", "us", "our"). Hypocampus operates an online study platform and provides digital reading and study tools. This Agreement applies to websites created by Hypocampus AB, hypocampus.fr, cortexio.se, cortexio.com, any subdomain of hypocampus.fr, cortexio.se or cortexio.com, Hypocampus-based services and other sites and applications related to Hypocampus that indicate that they are offered under this Agreement ("Services" or "Platform").

1.2 To use our Services (described below), you must be at least 18 years of age and/or be authorised to enter into a contract and agree to be bound by the Terms. We recommend that you print a copy of these terms for future reference.

1.3 You acknowledge that by clicking "Register", "Log In", "Create Account" or any other similar term, register, access or use our Services (described below), you agree to enter into a legally binding contract with Hypocampus (even if you are using our Services on behalf of a company). If you do not agree to this agreement ("Agreement" or "Terms of Service"), do not click "Register" (or other similar terms), and do not access or use the Services in any way. If you wish to terminate this agreement, you may do so at any time by closing your account and ceasing to access or use our Services.

1.4 Other conditions may also apply to you:
These Terms refer to the following additional terms, which also apply to your use of our Platform:

• Our Privacy Policy.
• Our Cookie Policy, which contains information about the cookies on our Platform.
• If you purchase goods or services from third parties through our Marketplace or subscribe to free or paid services, our other Marketplace Terms AND ANY SPECIAL TERMS ASSOCIATED WITH SPECIFIC Services from time to time will apply to such sales and/or subscriptions ("Product Specific Terms").

1.5 Hypocampus.fr is reserved for users in France

Our Platform is intended for people residing in France. We do not represent that the content available on or through our Platform is appropriate for use or available in other countries.

2. Our Right to Make Changes

2.1 We may make changes to our Services

We may update and modify our Platform from time to time to reflect changes to our products and services, the needs of our users, and our business priorities. Any update or modification of our Platform is intended to improve users’ experience of our services. We will endeavour to notify you within a reasonable period of time of any material changes.

2.1.1. We guarantee that our Services comply with the Terms

2.2 We may suspend or withdraw our Services

2.2.1 Access to our Platform and Freemium content is free of charge.

2.2.2 We do not guarantee that our Platform, or any content contained therein, will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or part of our site for business and operational reasons. We will endeavour to give you reasonable notice of suspension or withdrawal.

2.2.3 You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of and comply with these Terms and other applicable terms.

2.2.4 The provisions of this section are without prejudice to any rights you may have in Paid Content, as set out in the applicable Terms of Supply and any Product-Specific Terms applicable to you.

2.3 We may transfer this Agreement to a third party

We may transfer our rights and obligations under these Terms to another company. In this case, we will always notify you in writing and ensure that the transfer does not affect your rights under the contract.

2.4 We may update these Terms

We may update these Terms or the Terms of Supply and Product-Specific Terms at any time, without prejudice to your rights as a consumer. These changes will be prominently displayed on our Platform or communicated to you by email to the address you provided to us when creating your account.

3. Your Use of the Services

3.1 Prohibited Uses

3.1.1 You may not use our Platform:

• if you are under the age of 18;
• in any way that would violate any applicable local, national or international law or regulation;
• in any unlawful or fraudulent manner, or for any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to intimidate, insult or humiliate any person;
• send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms;
• transmit or cause to be sent any unsolicited or unauthorized advertising or promotional materials or any other form of similar solicitation (spam);
• knowingly transmit any data, send or upload any content that contains viruses, Trojan horses, worms, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• in any way that involves the sexual exploitation or abuse of children; and
• to download terrorist content.

3.1.2 You also agree

• not to access without authority, interfere with, damage or disrupt:
• any element of our Platform;
• any equipment or network on which our Platform is stored;
• any software used in connection with the provision of our Platform;
• any equipment, network or software owned or used by any third party; and
• comply with all applicable laws of the country, state, or city in which you are located when using the Service.

3.2 You must protect your account data

3.2.1 By using the Services, you agree to the following:

• you will only use the Services for your own use and you will not allow others to use your account; and
• you will not use an account belonging to someone other than you without your permission.

3.2.2 If you choose or are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to third parties.

3.2.3 We have the right to disable at any time any user identification code or password, whether chosen by you or assigned by us, if we reasonably believe that you have failed to comply with any of the provisions of these Terms.

3.2.4 If you know or suspect that someone other than you knows your user ID or password, you must promptly notify us at info@hypocampus.fr.

4. Your Responsibility to Us

4.1 If you fail to comply with these Terms or cause damage or loss of any kind to us, our partners or any other third party, we reserve the right to terminate your account.

4.2 By agreeing to these Terms and using the Services, you agree to indemnify and hold harmless Hypocampus, Hypocampus AB, its affiliates, licensors, and all of its employees, employees, other users, attorneys, and agents from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with (without limitation):

4.2.1 breach of any provision of these Terms or any other applicable law or regulation, whether or not referred to herein;

4.2.2 infringement of the rights of third parties; or

4.2.3 misuse of the Services.

4.3 Hypocampus may cooperate with law enforcement authorities to prosecute a user who violates these Terms. You acknowledge that Hypocampus has no obligation to control your access to or use of the Services but has the right to do so in order to operate the Services, to ensure that you comply with these Terms or applicable law, or when we are notified of violations or suspected violations of these Terms or applicable law.

5. Intellectual Property

You must not reproduce, duplicate, copy or resell any material on our Platform or its content in breach of the provisions of these Terms.

5.1 How you can use the material on our Platform

We are the owner or licensee of all intellectual property rights in our Platform and the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy and download extracts of any page of our Platform for your own personal use and you may draw the attention of others within your organisation to content posted on the Platform.
You must not modify the paper or digital copies of the materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text.
Our status (and that of any identified contributors) as authors of content on our Platform must always be acknowledged (unless the content is user-generated).
You must not use any of the content on our Platform for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy, download, share or redistribute any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy all copies of the material you have made.

5.2 Rules for linking to our Platform

You may link to our home page, provided you do so in a fair and lawful manner and do not damage our reputation or take advantage of it.
You must not generate a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not generate a link to our Platform on any website that is not owned by you.
Our Platform must not be framed on any other site, and you must not link to any part of our Platform other than the home page without our written consent.
We reserve the right to withdraw linking permission without notice. If you wish to link to or use content on our Platform other than as provided for in these Terms, please contact info@hypocampus.fr.

5.3 No text or data mining (also known as Text Mining and Data Mining), or Web Scraping (also known as harvesting or harvesting)

You must not perform, facilitate, authorize, or permit text or data mining or website scraping in connection with our Platform or any Services provided through, or in connection with, our Platform. This includes using (or permitting, authorizing, or attempting to use):

• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any part of the Platform, Services or any data, content, information or services accessed through it.
• Any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes, but is not limited to, patterns, trends, and correlations.

The provisions of this clause shall be considered as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Directive on copyright and related rights in the Digital Single Market ((EU) 2019/790). This clause does not apply in the event that (but only to the extent that) we are unable to exclude or contractually limit text or data mining or website scraping activities under the laws applicable to us.

5.4 Our Brands

Hypocampus, Cortexio, and HypocampusCare are registered trademarks of Hypocampus AB. You are not allowed to use them without our consent.

6. Disclaimer

6.1 Do not rely on the information contained on this Platform

The content of our Platform is provided for informational purposes only. It is not intended to be advice that you can rely on. You should obtain professional or specialist advice before taking, or refraining from taking, any action based on the content of our Platform. You should not rely on the Services, the Platform, or any content or data provided on or through the foregoing in connection with a patient, medical, treatment, or healthcare scenario, such information being provided solely as a study aid for subscribing users who are in compliance with this Agreement.
While we make reasonable efforts to update the information on our Platform, we make no representations or warranties, express or implied, that the content on our Platform is accurate, complete, or up-to-date.

6.2 We are not responsible for the content of third parties or third party websites to which we link

Where our Platform contains links to other sites and/or provides access to resources provided by third parties, these links and resources are provided for informational purposes only. These links or resources should not be construed as an endorsement by us of those linked websites or resources or the information you may obtain from them.
We have no control over the content of those sites or resources, and you should contact the relevant third party directly if you have any questions about those sites or resources.

6.3 User-generated content and AI-generated content are not endorsed by us

This Platform may include information and materials uploaded by other users of the Platform and AI-generated content created through the user's interaction with the technical features and functionality made available from time to time. This also includes links or any content regarding Hypocampus on social media pages, video-sharing sites, bulletin boards, and discussion forums. This information and material has not been verified or approved by us. The opinions expressed by other users on our Platform or created by AI-generated content do not represent our opinions or values and we do not provide any guarantee in this regard.

6.4 How to file a complaint or report content

If you become aware of any illegal content on our Platform or if you wish to make a complaint about any other content, please contact us at info@hypocampus.fr.

7. Interaction with our Services

7.1 Uploading content to our Platform

7.1.1. Whenever you use a feature that allows you to upload or interact with your content to our Platform, or to connect with other users of our Platform (including in relation to groups, interactions, or social media platforms) ("Content"):

• you warrant that such Content complies with these Terms and all applicable laws, and you are liable to us and indemnify us for any breach of this warranty. This means that you will be liable for any loss or damage we suffer as a result of your breach of warranty;
• all Content you upload to our Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us a limited license to use, store and copy such Content and to distribute and make it available to third parties;
• we also have the right to disclose your identity to any third party who claims that any Content you have uploaded to our Platform constitutes a violation of their intellectual property rights or right to privacy;
• we have the right to remove any Content you make on our Platform if, in our opinion, your message does not comply with our content standards or these Terms;
• if you wish to contact us regarding any Content you have submitted on our Platform, please contact info@hypocampus.fr;
• you are solely responsible for securing and backing up your Content; and
• you must not charge anything that may incite the commission of a terrorist attack, solicit a person to participate in terrorist activities, provide instructions on a method or technique for committing a terrorist attack, or threaten to commit a terrorist attack.

7.1.2. In addition, you warrant that any Content you make through our Platform:

• is accurate (when it states facts);
• contains only genuinely expressed opinions; and
• complies with applicable law in any country from which it is posted and to which the Platform is intended (i.e. France).

7.1.3 You acknowledge and agree that Content must not:

• be defamatory of any person;
• be obscene, offensive, hateful or inflammatory;
• intimidating, insulting or humiliating.
• encourage, promote, or provide instructions for deliberate self-harm or suicide;
• promote sexually explicit content or child sexual abuse content;
• incite violence, hatred or discrimination against particular groups on the basis of race, sex, religion, nationality, disability, sexual orientation or age;
• infringe another person's copyright, database or trademark rights;
• be likely to deceive any person;
• breach any legal duty owed to a third party, such as a contractual obligation;
• contain illegal content or promote illegal content or activity;
• be likely to harass, disturb, disrupt, alarm or annoy any other person;
• impersonate any person or misrepresent your identity or affiliation with any person;
• give the impression that the Content emanates from us, when this is not the case; neither
• advocate, promote, induce any party to commit or assist any illegal or criminal act such as (by way of example only) copyright infringement or misuse of a computer.

7.2 We will suspend your Services if you upload illegal Content to our Platform

7.2.1 If you upload Content to our Platform that is clearly illegal or in breach of these Terms, we may suspend your access to our Service for a reasonable period of time. We will notify you in advance if we plan to suspend your account. In making such a decision, we will consider the following:

• the number of clearly illegal pieces of content you have uploaded in a given period compared to the volume of other content uploaded by other users during that period;
• the seriousness of the abuse, including the nature of the illegal content and its consequences (potential or otherwise); and
• to the extent possible, your intent in posting the content.

7.2.2 We may suspend the processing of any other notice or complaint from you for a reasonable period of time. We will notify you in advance if we intend to suspend the processing of your reviews or complaints. Before deciding whether or not to suspend the processing of your file, we will take into account the following:

• the number of manifestly unfounded reviews or complaints submitted by you in a given period compared to the volume of other reviews or complaints submitted by other users during that same period;
• the seriousness of the abuse; and
• where possible to identify, your intention in submitting notices or complaints.

7.3 Rights You Grant Us to Use Content Uploaded to Our Platform

When you upload Content to our Platform, you grant us the following rights to use that Content:

• a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works from, display, and perform such uploaded content in connection with the Services provided by us and through various media, including to promote the Services and Hypocampus;
• a worldwide, non-exclusive, royalty-free, transferable license for us and other users, partners, or advertisers to use the Content for their purposes and in accordance with the functionality of the Platform and to use such Content for business and Service improvement and machine learning purposes.

8. Validity and Termination

8.1 Without prejudice to your obligations under the Terms of Supply or the Product-Specific Terms applicable to you, you may at any time send a notice of termination, download your data and have it erased by contacting info@hypocampus.fr.

8.2 The Agreement between you and us comes into effect on the day you access and use our Platform. The Agreement will remain in effect for a period of one (1) calendar year from that date and will automatically renew for successive periods of one (1) year, unless terminated or suspended in accordance with these Terms and any Supply Terms or Product-Specific Terms applicable to you.

8.3 In addition to the rights of termination or suspension of the Services provided for in these Terms and Conditions or recognized by law, Hypocampus has the right to terminate or suspend the Contract with you at any time with immediate effect if you breach any of these Terms and Conditions or if Hypocampus considers that you are abusing the Services, or if Hypocampus decides to no longer provide the Services, without prejudice to your other consumer and/or contractual rights provided for by the General Terms and Conditions or the Specific Conditions applicable to you.

9. Our liability for loss or damage suffered by you

9.1 Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or that of our employees, agents or subcontractors, as well as for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability may apply to liability arising from the provision of products, services, or subscriptions, which will be set forth in our Terms of Supply or any applicable Product-Specific Terms.

9.2 If you are a Business User:

• Our Platform is for consumer use only. Any use as a business user is not permitted and is at your own risk. We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content contained therein.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising out of or in connection with:
• the use of, or inability to use, our site; or
• use of or reliance on any content posted on our site.
• In particular, we will not be liable for any consequential damages, such as:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings
• loss of business opportunities, goodwill or reputation; or
• any indirect or consequential loss or damage.

9.3 If you are a consumer user:

• Please note that we only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If faulty digital content provided by us damages a device or digital content belonging to you and this is due to our failure to exercise reasonable care and skill, we will repair the damage or pay you compensation. However, we will not be liable for any damage that you could have avoided by following our advice to apply an update that is offered to you free of charge or for damage caused by your failure to follow the installation instructions correctly or to have implemented the minimum system requirements advised by us.

9.4 We are not responsible for viruses and you must not introduce them

• We do not guarantee that our Platform will be secure or free of bugs or viruses.
• You are responsible for configuring your information technology, computer programs, and platform to access our Platform. You should use your own virus protection software.
• You must not misuse our site by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site through a denial-of-service attack or a distributed denial-of service attack. By infringing this provision, you would be committing a criminal offence under Law No. 88-19 (known as Godfrain) of 5 January 1988, relating to computer fraud, amending the Criminal Code (Criminal Code, Chapter III: Attacks on automated data processing systems (Articles 323-1 to 323-8)).
• We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

9.5 Financial limit on our liability to you

In any case, whether you are a business user or a consumer, and unless prohibited by applicable law, our liability is entirely excluded and, if applicable law does not allow the amount of our liability to you to be nil, our total liability to you for all damages shall in no event exceed the amount of one hundred euros (EUR 100.00).

10. Dispute Resolution

10.1 We always appreciate being able to resolve any questions you may have. Therefore, if you have any concern or problem about us, regarding your use of our Platform or the content contained therein, please contact us in the first instance.
However, if we are not able to resolve your dispute to your satisfaction, as a consumer, you can always have recourse free of charge to a consumer mediator, in particular from the Consumer Mediation Commission or from the existing mediation bodies, a list of which you can find on the https://www.economie.gouv.fr/mediation-conso/saisir-mediateur website, or any alternative dispute resolution process in the event of a dispute. If you are ordinarily resident in the European Economic Area, you may also use an online dispute resolution (ODR) platform to resolve your dispute with us. For more details, please visit the https://webgate.ec.europa.eu/odr website.

10.2 Governing Law and Jurisdiction: If we are unable to resolve disputes between us and you amicably as set out above, except to the extent required by applicable law or as expressly set out in this clause, these Terms and our relationship are governed by French law.
You hereby agree to submit to the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Paris, Paris France, to resolve any dispute arising out of or in connection with the Terms.
Notwithstanding the foregoing, if you are a consumer user, you irrevocably submit to applicable law and the non-exclusive jurisdiction of the courts of your habitual place of residence.

11. Consumer rights

The laws of France or the country where you habitually reside may not fully allow the exclusion of implied warranties or limitations of liability or statutory rights applicable to consumers. Accordingly, these Terms are without prejudice to any consumer protection rights under the local laws of the jurisdiction in which you ordinarily reside and any inconsistent provision of these Terms will be deemed unwritten.

12. Language version

If French law requires the translation of these Terms and Services, and their application into French, in the event of a conflict between the English or Swedish versions and the French version, the French version shall prevail. However, in all other cases where translation into French is not required, the English or Swedish versions of these Terms and Services shall prevail and be binding on the parties.