Terms & Conditions

Last updated at 2024-03-20
1. General Information

Insel Gruppe AG, Freiburgstrasse 8, 3010 Bern (“Elumity”, “we”, “us” or “our”) is the provider of the website available at https://www.elumity.com/ (“Website”) and the services accessible from the Website (which are collectively referred to in these Terms & Conditions as the “Service”). Elumity operates and controls the Service from its offices in Switzerland.

Anyone accessing the Website or using the Service, whether a natural or legal person, for any purpose is considered a User (“User”, “you”). Elumity enables its registered users (“Members”) to organize and manage their academic knowledge, share it with other peers, create academic writings and quizzes.

2. Conclusion of agreement

The terms and conditions set out in this document (“Terms & Conditions”) are a contract between you and Elumity. By accessing the Website and thus becoming a User, you agree to comply with the Terms & Conditions to the extent they are applicable to a non-registered user. By submitting the registration process on the Website and thereby creating an account (“Account”) and becoming a Member, you confirm that you agree with and are bound by all of the Terms & Conditions outlined below. If you do not agree to these Terms & Conditions, please do not use the Website.

3. Scope of the Service

The Service provides the Member with the ability to upload and import files into his/her personal library and search for files there, search for articles in the supported databases, download PDFs and website content into the personal library, use the personal library as a reference manager for instant formatting of in-text citations and bibliography in the integrated academic writing tool, create a search for the topics he/she is interested in and get alerts for newly published articles within the personal library, make annotations in the files, create fact cards with references to the original resources, collect, process, and share personal knowledge/cards with other Members, search cards created by other Members and saving them to your collection, create quizzes, create a backup of the library data, fact cards and quizzes to your local storage.

Elumity shall not be a contracting party to any agreements entered into by Members with other Members or with any third party through the Service. Members are solely responsible for the execution and/or fulfilment of agreements they enter into. Elumity shall not be held liable for breaches of duty in relation to such agreements. If there is a dispute between you and a third party, you agree that Elumity is not obligated to become involved and assumes no responsibility.

Elumity does not scan or filter the content that is being uploaded by the Members, and as such, we are not aware of whether the content infringes upon or violates any laws. However, upon receiving a notification, we conduct a manual review of the content and remove any infringing or illegal content expeditiously.

4. User Obligations

When registering as a Member, you are obliged to provide entirely accurate information about yourself und update any data when they change.

You are obliged to keep your password confidential and bear responsibility for all activities conducted through your account.

Elumity respects the intellectual property rights of others and we expect people on Elumity to do the same. You are only permitted to use the content as authorized by the specific content provider and copyright owner. Members indemnify Elumity from any claims and adequate expenditures including court and lawyer fees raised by third parties in reference to any information that is stored on request of the respective Member. Each Member warrants that when uploading content, all required fields are completed and all questions are answered truthfully and the uploaded file or any other content contains no libelous or unlawful statements and does not infringe or violate the publicity, privacy or intellectual property rights of any third party, libel or slander any third party, contain any scandalous, obscene, or negligently prepared information, or infringe or violate any other personal or proprietary right of others.

When uploading content for which the member is the author, the Member warrants that said content is free from fraudulent, plagiarized or incorrectly attributed material. The Member further warrants that all statements within the uploaded content, purporting to be facts, are accurate and scientifically proven with the applicable due diligence. If excerpts, included but not limited to text, figures, tables, illustrations, or audio/video files, from copyrighted works are included, credit to the original publication shall be duly acknowledged. Each Member further warrants that he or she did not submit as part of the file any identifiable personal data of any individuals or patients, such as, but not limited to, names or health data. Each Member warrants that his or her institution has approved the protocol for any investigation involving humans or animals and that all experimentation was conducted in conformity with ethical and humane principles of research.

5. Unsolicited Ideas

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Elumity without any compensation or credit to you whatsoever. Elumity and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

The Service may contain links to other websites not operated or controlled by Elumity. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Service to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies.

7. Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party services ("Third- Party Services").

You acknowledge and agree that Elumity shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Elumity does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

8. Changes To Our Terms & Conditions

If we decide to change our Terms & Conditions, we will post those changes on this page, and update the Terms & Conditions modification date below. We will also notify you of changes to the Terms & Conditions by email and/or through the Service. The notice will detail the changes to the Terms & Conditions, your right to object and the importance of the deadline to object. You will be bound by the new Terms & Conditions if you explicitly agree to them or if thirty days have passed since the changes were posted, at which point they become effective. By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised Terms & Conditions. If you do not agree to the new Terms & Conditions, you are no longer authorized to use Elumity.

9. Updates to Our Service

Elumity may from time to time provide enhancements or improvements to the features/functionality of the Service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the Service. You agree that Elumity has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Service to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Website, and (ii) subject to the terms and conditions of this agreement.

10. Term and Termination

This agreement shall remain in effect until terminated by you or Elumity.

You may terminate the agreement at any time without cause by discontinuing your use of the website and, where applicable, by deleting your Account.

Elumity is entitled to terminate the agreement immediately for good cause at any time. This good cause is defined as an event that makes it unacceptable for Elumity to continue the agreement until the end of the termination period, considering all circumstances and the interests of both parties. Good cause includes events such as the Member's failure to comply with applicable legal provisions or the breach of contractual obligations outlined in these Terms. It also encompasses situations where the Member's online presence significantly damages the reputation of the Service, promotes communities or associations involved in criminal activities, causes harm or poses a risk to other Users, or exposes Elumity to potential legal liability or risk.

In cases of good cause for termination, Elumity is also entitled to take various actions, including modifying or deleting Member’s uploaded content, issuing warnings to the Member, suspending, disabling, restricting, or blocking the Member's access to the Service, and implementing technical and/or legal measures to prevent the Member from using the Service.

Even if the Member relinquishes or loses the right to use the Service, certain provisions persist following termination. These provisions include allowing other Members to continue using and sharing any content and information shared by the Member through the Service in accordance with the Terms and applicable laws. Additionally, specific sections of the Terms & Conditions, including Sections 3, 4, 5, 19, 10, 13, 14, 15, 20 and 21 and 22, remain in effect.

If Elumity restricts you access to all or any part of the Service, including but not limited to actions such as removal of content, blocking access to content, downgrading of content, suspension or termination of the service, or closure of your account, based on the grounds that the content uploaded by you is unlawful or not in compliance with these Terms & Conditions, Elumity will provide you with a clear and specific statement of reasons via email.

You acknowledge and agree that if Elumity disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

Termination of this agreement will not limit any of Elumity's rights or remedies at law or in equity in case of breach by Member (during the term of this agreement) of any of Member’s obligations under the present agreement.

If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright or if you consider specific items of information on this site to be illegal, you can use the report button available on each card or contact us under support@elumity.com setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Upon receiving such notification, Elumity will promptly review and decide about removing or disabling access to the allegedly infringing content, taking into account the rights and legitimate interests of all parties involved, as well as the fundamental rights of users. Elumity will then notify both the person who uploaded the content and the person who made the notification about the decision, explaining the measures taken and the legal basis of that decision.

12. Indemnification

You agree to indemnify and hold Elumity and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Website and Service; (b) violation of this agreement or any law or regulation; or (c) violation of any right of a third party.

13. No Warranties

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Elumity, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Elumity provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Elumity nor any Elumity's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of Elumity are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

14. Limitation of Liability

You acknowledge and agree that you assume full responsibility for your use of the Service and the provided and uploaded data. Notwithstanding any damages that you might incur, the entire liability of Elumity and any of its suppliers and auxiliary persons under any provision of this agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Service.

To the maximum extent permitted by applicable law, in no event shall Elumity or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this agreement), even if Elumity or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

The exclusion of liability does not apply to damage caused by wilful intent or gross negligence on the part of Elumity, to physical injury, to product liability claims and other claims that cannot be excluded by law.

15. Indemnity

The Member is obliged to indemnify Elumity (including our affiliates and subsidiaries) in full if Elumity is held liable by third parties for damages that are attributable to the Member's actions in connection with the platform, regardless of whether the Member is at fault.

16. Severability

If any provision of this agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

17. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Elumity.

18. Entire agreement

This agreement, together with the Privacy Policy and any other legal notices published by Elumity on the Service, shall constitute the entire agreement between you and Elumity concerning the Service.

You may be subject to additional terms and conditions that apply when you use or purchase other Elumity’s services, which Elumity will provide to you at the time of such use or purchase.

19. Intellectual Property

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Elumity, its licensors or other providers of such material and are protected by Swiss and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Elumity, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

20. Applicable law

These Terms & Conditions shall be governed by Swiss law, except for its conflict of law provisions and the United Nations Convention on the International Sale of Goods (CISG).

If you are a consumer in the sense of Article 6 of EU Regulation 593/2008 and have your habitual residence in the European Union, provisions which, in the absence of choice, would have been applicable and which cannot, by virtue of the law of the country in which you are resident, be derogated from by agreement, shall remain unaffected.

The courts of the canton Bern of the Swiss Confederation shall have sole jurisdiction over any disputes arising out of or in connection with these Terms & Conditions. This does not apply if you are a consumer under Swiss or EU law and have your domicile in Switzerland or the EU, respectively.

Statutory provisions regarding exclusive jurisdiction shall remain unaffected.

22. Miscellaneous

The Service 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. Accordingly, those persons who choose to access the Elumity Service 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.

23. Contact Us

Don't hesitate to contact us if you have any questions.
-Via Email: info@elumity.com