Terms And Conditions

1. THESE TERMS

• 1.1 The website at https://biahm.com (“Site”) is operated by Bauer International Academy of Holistic Medicine (referred to as “we,” “us,” “our,” or "BIAHM"). We are registered in Germany with our registered office at Bismarckstraße 3, 08527 Plauen, Germany.
• 1.2 You can contact us by email at biahm.info@gmail.com or by phone at +49 0172 7894609.
• 1.3 If we have to contact you, we will do so by writing to you at the email address you provided to us as part of your BIAHM subscription application.
• 1.4 When we use the words “writing” or “written” in these terms, this includes email.

• 1.5 These are the terms and conditions on which you may subscribe to access the Site to:
  1. Access professional development resources (such as online courses, selected books, journals, articles, videos, podcasts), telehealth solutions, and other online materials provided by us through the Site from time to time (the “BIAHM Digital Content”).
  2. Record your professional development using a personal dashboard.
  3. Interact with the AI Assistant.
  4. Connect with holistic medicine professionals worldwide through the BIAHM Forum.

• 1.6 Please read these terms carefully before you subscribe to the BIAHM Services. These terms tell you who we are, how we may change this contract, how you and we may end this contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

• 1.7 When you subscribe to the BIAHM Services, you will also be required to agree to be legally bound by:
  1. Our Disclaimer, which outlines liability for the use of this website and its information.
  2. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
  3. Our Cookie Policy, which sets out information on our use of cookies and use of cookies by third parties.
  4. Any other terms which may add to, or replace some of, this contract. This may happen for legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice. You can end this contract at any time if you do not agree to an upcoming change to these Terms and Conditions (see clause 12.2.1).

2. OUR CONTRACT WITH YOU

• 2.1 Our acceptance of your application to subscribe to the BIAHM Services will take place when we email you to accept it, at which point a contract will come into existence between you and us.
• 2.2 We reserve the right to refuse to accept your subscription application. If we do not accept your subscription application, we will inform you of this in writing, and we will not take payment. Refusal may be because your conduct with respect to services we have provided to you previously has been unprofessional, or for another valid reason.

3. OUR RIGHTS TO MAKE CHANGES

• 3.1 We may update the BIAHM Digital Content and make changes to the BIAHM Services:
  1. To reflect changes in relevant laws and regulatory requirements.
  2. In accordance with developments in scientific or medical knowledge.
  3. To implement minor technical adjustments and improvements, for example, a security threat.
  4. As a result of user feedback, provided that the BIAHM Digital Content shall always match the description of it that we provided to you immediately before you accessed it.
• 3.2 We will also add new BIAHM Digital Content, as well as remove old or out-of-date BIAHM Digital Content, from time to time, to keep the BIAHM Services as current as reasonably possible.

4. EQUIPMENT AND BROWSER REQUIREMENTS

• 4.1 You are responsible for obtaining and maintaining all computer hardware and software needed to access and use the BIAHM Services. The BIAHM Digital Content is best viewed using one of the following browsers:
  1. Google Chrome 5.0 or higher.
  2. Internet Explorer 8 or higher.
  3. Firefox 3.5 or higher.
  4. Safari 5.0 or higher.

5. PROVIDING THE BIAHM SERVICES

• 5.1 You may access the BIAHM Services as soon as we accept your subscription application (see clause 2.1) until the earlier of: (i) the expiry of the Subscription Period; (ii) you terminating the subscription as described in clause 12; or (iii) us terminating the subscription by written notice to you as described in clause 14.

• 5.2 If our supply of the BIAHM Services is delayed by an event outside our control, we will contact you as soon as possible to let you know and take steps to minimize the delay's effect. Provided we do this in a reasonable timeframe, we will not be liable for delays caused by the event. However, if there is a risk of substantial delay, you may contact us to end the subscription and receive a refund for any term of the Subscription Period you have paid for but has not yet passed.

• 5.3 We may need certain information from you so that we can provide the BIAHM Services to you, for example, your name, email address, and payment card details. If so, this will have been stated when you apply for a subscription to BIAHM. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the subscription or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for not providing the BIAHM Services if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

• 5.4 We may have to suspend the provision of the BIAHM Services and/or access to certain BIAHM Digital Content to:
  1. Deal with technical problems or make minor technical changes.
  2. Update the BIAHM Services (for example, the BIAHM Digital Content) to reflect changes in relevant laws and regulatory requirements, and/or developments in scientific or medical knowledge.
  3. Make changes to the BIAHM Digital Content requested by the provider or author of such BIAHM Digital Content.

6. YOUR RIGHTS IF WE SUSPEND THE BIAHM SERVICES

7. HOW YOU MAY USE MATERIAL ON OUR SITE

• 7.1 We are the owner or the licensee of all intellectual property rights on our Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. When you download or stream materials on the Site, you will have the right to use them (as set out in these terms), but you will not own them. We give you permission to use them (also known as a “licence”) as set out in this clause 7 and for the purpose of you using and enjoying them according to these terms.
• 7.2 You may use the Site content for your personal use wherever you want in the world, but only if you comply with local laws. For the avoidance of doubt, you may not use the Site Content for commercial use. The material on the Site is non-exclusively licensed to you, which means that we may supply the same or similar content to other customers.
• 7.3 You may print off one copy and may download extracts of any page(s) from our Site for your personal use and may draw the attention of others within your organization to content posted on our Site.
• 7.4 You must not use any part of the content on our Site:
  1. For commercial purposes, including distributing or selling the content to a third party.
  2. In any way that infringes any of our intellectual property rights or any intellectual property rights of a third party, without obtaining a licence to do so from us or our licensors.
• 7.5 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
• 7.6 If you print off, copy, download, share, or repost any part of our Site in breach of these terms, your right to use our Site will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.
• 7.7 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged (except where the content is user-generated). Except where you have permission to use the content of the Site under this clause 7, you will not obtain any rights of ownership or other rights (of whatever nature).

8. DO NOT RELY ON INFORMATION ON THIS SITE

• 8.1 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Site. You agree that in using content on our Site, you will exercise all the reasonable skill, care, and diligence expected of a properly qualified and competent health care professional.
• 8.2 Although we make reasonable efforts to update the information on our Site to reflect scientific discoveries, research developments, and current best practices, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up to date.

9. AI ASSISTANT

• 9.1 The BIAHM Services include access to and use of the AI Assistant. Subject to these terms and conditions, you may provide input, upload and submit information, and other materials to the AI Assistant (“Input”), and the AI Assistant will use artificial intelligence tools and functionalities to generate responses based on your Input (“Output”). We call Input and Output together “Customer Content.” We will process and store Customer Content by our privacy policy.
• 9.2 Your use of the AI Assistant, including any Outputs, may also be subject to license and use restrictions set forth in a third-party large language model (LLM) or foundation model license, if applicable. For more information about the third-party models we work with (and applicable licence and use terms), and your responsibilities and risks when working with such models (“Third Party Models”), please see [link to FAQ].
• 9.3 You may not direct the AI Assistant to generate any Output in violation of any applicable intellectual property right, contractual restriction, or other law or regulation. By submitting any Input through the Services, you represent that you have obtained all rights, licenses, consents, permissions, power, and/or authority necessary to submit and use (and allow us to use) such Input in connection with the AI Assistant. Every time you use the AI Assistant, you represent and warrant to us that:
  • (a) You are over eighteen;
  • (b) Your use of the AI Assistant is in a professional capacity such as, for example, as a licensed holistic medicine professional; and
  • (c) Your submission of Input in connection with your use of the AI Assistant, including to generate Output, will not comprise any personal data or personally identifiable information, will not breach any law or regulation, and will not breach any third party’s terms and conditions associated with such Input. You may not (i) publish any Output generated by the AI Assistant without clearly citing the AI Assistant, or (ii) misrepresent the source of any Output or the fact that it was generated by artificial intelligence.
• 9.4 The AI Assistant is an automated system, and it may not always provide 100% accurate information. In particular, but without limitation, you should be aware that Third Party Models may have been trained on data that contains biases or inaccuracies, and that on occasion, these models have been seen to generate outputs containing misinformation, obscene or offensive language, or discriminatory content. We disclaim all liability whatsoever and howsoever arising, to the fullest extent permitted by applicable law, in relation to all such Third Party Models.
• 9.5 Although we make reasonable efforts to ensure that the AI Assistant provides accurate information, we cannot guarantee the accuracy, completeness, or timeliness of the information provided by the AI Assistant, and it is your responsibility to always review such information carefully. By using the AI Assistant, you acknowledge and understand that any Output is provided to augment, not replace, human decision-making, and that you are solely responsible for (and will indemnify and hold us harmless in relation to all loss, damage, cost, and expenses in connection with) your use of the AI Assistant and any Output including (without limitation) for evaluating the Output for accuracy and appropriateness for each use case, and for dispensing any medical advice, diagnosis, or treatment.

10. BIAHM FORUM

• 10.1 The BIAHM Services include access to and use of the BIAHM Forum. From time to time, users may post content that you consider to be offensive, inappropriate, or indecent. We do not have control over content that is posted by our users. However, if you do see any such content, please report this to us by email at biahm.info@gmail.com, and we will review the content. If, in our sole discretion, we believe that the content breaches the terms of the contract with such user or may affect our reputation or bring us into disrepute, we will remove such content from the forum.
• 10.2 You agree that you are responsible for any communication and other interaction between yourself and other users. You agree not to upload any content that is, or could be considered:
  • 10.2.1 Unprofessional for a healthcare professional to upload;
  • 10.2.2 Offensive, indecent, defamatory, libellous, harassing, unlawful, or otherwise objectionable;
  • 10.2.3 Likely, or reasonably likely, to incite ethnic or racial hatred or violence;
  • 10.2.4 Advertising or other promotion of goods and services which we have not authorized;
  • 10.2.5 To infringe the intellectual property rights of any third party; or
  • 10.2.6 Inciting a terrorist offense, soliciting any person to participate in terrorist activities, providing instruction on any method or technique for committing a terrorist offense, or threatening to commit a terrorist offense.
• 10.3 You warrant that any contribution you make to the BIAHM Forum and the Site complies with clause 10.2, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
• 10.4 Any content you upload to our Site, including the BIAHM Forum, 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 and other users of our Site a limited licence to use, store, and copy that content and to distribute and make it available to third parties. The rights you license to us are described in clause 11.
• 10.5 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site and the BIAHM Forum constitutes a violation of their intellectual property rights or their right to privacy.
• 10.6 If you wish to contact us about content you have uploaded to our Site and that we have taken down, please contact biahm.info@gmail.com.
• 10.7 You are solely responsible for securing and backing up your content.

11. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

• 11.1 When you upload or post content to our Site, you grant us the following rights to use that content:
  • 11.1.1 A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Site and across different media, including to promote the Site or the service, in perpetuity; and
  • 11.1.2 A worldwide, non-exclusive, royalty-free, transferable licence for other users, partners, or advertisers to use the content for their purposes in perpetuity.

12. YOUR ACCOUNT

13. YOUR RIGHTS TO END THE SUBSCRIPTION

• 13.1 Your rights when you end your subscription will depend on:
  • 13.1.1 If what you have bought is faulty or mis-described, you may have a legal right to end the subscription (or to get some or all of your money back), see clause 16;
  • 13.1.2 If you want to end the subscription because of something we have done or have told you we are going to do, see clause 13.2;
  • 13.1.3 If you have just changed your mind about subscribing to use the BIAHM Services, see clause 13.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
  • 13.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 13.6.

• 13.2 If you are ending the subscription for a reason set out at 13.2.1 to 13.2.5 below, the subscription will end immediately, and we will refund you in full for any term of the Subscription Period which has not yet expired. The reasons are:
  • 13.2.1 We have told you about an upcoming change to the BIAHM Services or these terms, which you do not agree to;
  • 13.2.2 We have told you about an error in the price of the subscription or description of the BIAHM Services, and you do not wish to proceed;
  • 13.2.3 There is a risk that the supply of the BIAHM Services may be significantly delayed because of events outside our control;
  • 13.2.4 We have suspended the supply of the BIAHM Services for technical reasons or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 72 hours; or
  • 13.2.5 You have a legal right to end the subscription because of something we have done wrong.

• 13.3 For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

• 13.4 You acknowledge that as soon as you start viewing, downloading, or streaming the BIAHM Digital Content, you lose the right to change your mind under Clause 13.3.

• 13.5 You have 14 days after the day we email you to confirm we accept your application or, if earlier, until you start viewing, downloading, or streaming the BIAHM Digital Content.

• 13.6 Even if we are not at fault and you do not have a right to change your mind (see clause 13.1), you can still end the subscription before the end of the Subscription Period. If you want to end the subscription in these circumstances, just contact us to let us know. The subscription will end immediately. We will refund a pro-rated amount in respect of payment for the remaining term of the Subscription Period.

14. HOW TO END THE SUBSCRIPTION WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

• 14.1 To end the subscription with us, please let us know by doing one of the following:
  • 14.1.1 Online. Complete the cancellation form.
  • 14.1.2 Email. Email us at biahm.info@gmail.com. Please provide your name, email address, and details of the order.

• 14.2 We will refund you the price you paid for the subscription, by the method you used for payment. However, we may make deductions from the price, as described below.

• 14.3 If you are exercising your right to change your mind, we may deduct from any refund an amount, as described in 14.3.1 to 14.3.2 below:
  • 14.3.1 For the supply of the BIAHM Services for the Subscription Period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to the period of the Subscription Period that has passed compared with the full term of the Subscription Period.
  • 14.3.2 Minus any fees that may be charged to us to process the refund.

15. OUR RIGHTS TO END THE SUBSCRIPTION

• 15.1 We may end the subscription at any time by writing to you if you breach these Terms and Conditions, in which case we will notify you in writing of the breach and require that you undertake remedial action within 14 days. If we end the subscription as set out in this clause 15.1, we will refund you a pro-rated amount in respect of any term of the Subscription Period for which you have paid for and which has not yet elapsed, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching these Terms and Conditions.

• 15.2 We may write to you to let you know that we are going to stop providing the BIAHM Services. We will let you know at least 24 hours in advance of our stopping the BIAHM Services and will refund any sums you have paid in advance for the term of the Subscription Period which has not passed as of the date we stop providing the BIAHM Services.

16. IF THERE IS A PROBLEM WITH THE BIAHM SERVICES

• 16.1 If you have any questions or complaints about the BIAHM Services or the BIAHM Digital Content, please contact us. You can email us at biahm.info@gmail.com or contact us using the online contact form.

• 16.2 See below for a summary of your key legal rights in relation to the BIAHM Services. Nothing in these terms will affect your legal rights.
• 16.3 This is a summary of your key legal rights. These are subject to certain exceptions:
  • 16.3.1 If your digital content is faulty, you’re entitled to a repair or a replacement.
  • 16.3.2 If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
  • 16.3.3 If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

17. PRICE AND PAYMENT

• 17.1 The price of the BIAHM Services will be the price indicated on the BIAHM web pages when you applied for a subscription.

• 17.2 We accept payment with credit card (Visa and Mastercard) or by PayPal and Stripe. You must pay the fee for the Subscription Period before you are able to access and receive the BIAHM Services. We will take payment for the subscription upon our acceptance of your application (see clause 2).

• 17.3 We will pass on changes at the rate of VAT. If the rate of VAT changes between your application for a subscription to the BIAHM Services and the date we accept your application, we will adjust the rate of VAT that you pay unless you have already paid for the product in full before the change in the rate of VAT takes effect.

• 17.4 No less than 14 days before the end of the Subscription Period, we will notify you in writing of the date on which the Subscription Period ends and that unless you cancel your BIAHM subscription by updating your account settings, your subscription to the BIAHM Services will automatically renew and on the next business day immediately following the last day of the Subscription Period, we will automatically take payment from your credit card for the subscription fee. You have 14 days following renewal of the Subscription Period to cancel your subscription and can do this by updating your account settings, and we will refund you the subscription fee in full, minus any fees that we have been charged to process the subscription renewal and/or the refund. However, you acknowledge that as soon as you start viewing, downloading, or streaming the BIAHM Digital Content, you lose this right to cancel renewal of the subscription.

• 17.5 If you think an invoice is wrong, please contact us within 28 days of the date of the invoice to let us know.

18. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

• 18.1 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 the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.

• 18.2 We exclude all implied conditions, warranties, representations, or other terms that may apply to our Site or any content on it. 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 under or in connection with:
  • 18.2.1 Use of, or inability to use, our Site.
  • 18.2.2 Use of or reliance on any content displayed on our Site.
• 18.3 In particular, we will not be liable for:
  • 18.3.1 Loss of profits, sales, business, or revenue.
  • 18.3.2 Business interruption.
  • 18.3.3 Loss of anticipated savings.
  • 18.3.4 Loss of business opportunity, goodwill, or reputation.
  • 18.3.5 Any indirect or consequential loss or damage.

• 18.4 If you are a consumer, we only supply the BIAHM Services to you for domestic and private use. If you use the BIAHM Services for any commercial, business, or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• 18.5 If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation on terms to be agreed. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to follow installation instructions correctly or to have in place the minimum system requirements advised by us.

19. HOW WE MAY USE YOUR PERSONAL INFORMATION

• 19.1 We will only use your personal information in accordance with our Privacy Policy and Cookie Policy.

20. OTHER IMPORTANT TERMS

• 20.1 We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the subscription within 30 days of us telling you about it, and we will refund you a pro-rated amount of the fee concerning the Subscription Period that has not yet passed.

• 20.2 Subject to clause 20.3 below, you may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
• 20.3 Clause 20.2 does not apply in circumstances where we grant business users access to an administration dashboard on the Site for internal use within an organization.
• 20.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

• 20.5 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs will remain in full force and effect.

• 20.6 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you about your breaking this contract, that will not mean that you do not have to do those things, and it will not prevent us from taking steps against you at a later date.

• 20.7 If you are a consumer, please note that these Terms and Conditions, their subject matter, and their formation are governed by European law. You and we both agree that the courts of Europe will have exclusive jurisdiction.
• 20.8 If you are a business, these Terms and Conditions, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by European law. We both agree to the exclusive jurisdiction of the courts of Europe. For any case with BIAHM is the German Court to use. Das Amtsgericht Plauen
• Europaratstraße 13, 08523 Plauen
• Telefon: 03741 1010