Terms and Conditions (AGB) –
Auditgarant, Johner Academy & Johner MDR Basics 

1. Scope 

1.1 These Terms and Conditions apply to the use of the e-learning offerings Auditgarant (hereinafter: "Auditgarant"), Johner Academy (hereinafter: "Johner Academy") and Johner MDR Basics (hereinafter: "MDR Basics") of Johner Institut GmbH, Reichenaustraße 39a, 78467 Konstanz (hereinafter "Johner Institute"). By ordering, the contracting party (hereinafter: "Customer") agrees to these Terms and Conditions. 

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

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

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

2. Conclusion of Contract 

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

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

2.3 For MDR Basics: The contract between Johner Institute and the user is concluded electronically by the acceptance of these Terms and Conditions by the user. 

3. Access and Customer Obligations 

3.1 Access to the contents of Auditgarant and Johner Academy is enabled through the provision of access data. 

3.2 Access to the contents of MDR Basics is granted after providing user data and confirming the email address for a limited period. 

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

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

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

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

3.7 The user is always responsible for ensuring the regulatory compliance of a quality management system or technical documentation created using the videos and templates from Auditgarant or Johner Academy. 

4. Scope of Services and Availability 

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

4.2 The contents of Auditgarant or Johner Academy are generally available seven days a week, 24 hours a day, with an availability of 95% calculated on the calendar year. 

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

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

5. Intellectual Property and Usage Rights; Contractual Penalty 

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

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

5.3 The membership in Auditgarant (regardless of the version), Johner MDR Basics, or Johner Academy does not constitute consulting by the Johner Institute. Therefore, the Johner Institute must not be cited as a consulting firm (e.g., to Notified Bodies/Certification Bodies) if the customer has not engaged additional consulting services from the Johner Institute beyond a membership in Auditgarant or Johner Academy. 

5.4 The Johner Institute grants the customer the usage rights specified in the offer according to § 4 par. 1. 

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

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

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

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

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

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

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

6. Duration and Termination of Contract 

6.1 Unless otherwise agreed, the contracts for using Auditgarant have a minimum term of one year and a notice period of fourteen (14) days. After that, the contract can be terminated quarterly. 

6.2 For Johner Academy, a minimum term of 6 months and a notice period of 14 days apply. 

6.3 Terminations can be made in writing to the above institute address or by email to elearning@johner-institut.de. Alternatively, the customer can also terminate the membership online through their customer account of Auditgarant or Johner Academy. If the contract is not terminated in due time, it will automatically extend by one additional quarter or membership month for Johner Academy, respectively. 

6.4 The right to terminate for good cause remains unaffected. 

7. Compensation 

7.1 The compensation to be paid by the customer for using Auditgarant or Johner Academy is specified in the offer concluded with the Johner Institute. 

7.2 The compensation for using Auditgarant or Johner Academy is payable in advance. The exact payment conditions are described in the offer. 

8. Liability 

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

8.2 In other cases, the Johner Institute is liable, unless otherwise regulated in paragraph 3, only for the violation of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible and on whose observance the customer regularly relies (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, liability of the Johner Institute is excluded subject to the regulation in paragraph 3. 

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

9. Artificial Intelligence (AI) Services 

9.1 The Johner Institute uses artificial intelligence (AI) (models from Azure OpenAI) in certain areas of Auditgarant or Johner Academy to enable functionalities such as the analysis of complex regulations and quality management requirements, automated responses, and the generation of individual solution and optimization suggestions. 

9.2 The AI models are trained based on a variety of data and can recognize patterns and respond to provide high-quality services and support customers in complying with regulatory requirements. 

9.3 The customer's data is not used for training the AI models. There is no transmission of personal data to the AI models. Even if personal data is stored in Auditgarant or Johner Academy, it is not shared with third parties during the use of the AI models. 

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

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

10. Final Provisions 

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

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

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

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