Terms & Conditions

The 123sonography.com e-learning platform (the “Platform”) is operated by 123 Sonography GmbH, a company registered in Vienna, Austria (“123sonography”).

You must complete the registration process to become an authorized user of the Platform. Your acceptance of 123sonography’s Terms & Conditions is a prerequisite for registration. 

General

1. The Platform is intended exclusively for personal use. You shall not license, resell, rent, lease, transfer, assign, distribute, display, disclose, commercially exploit, or otherwise make the Platform available to any third party.
    
2. You may use the Platform for teaching activities only if you have purchased a teacher license. With a teacher license, you may use the Platform for on-site teaching only; you shall not use the Platform for online teaching (use in a lecture hall teaching environment is allowed with a teacher license; integration in another online teaching environment, however, is prohibited).
    
3. If you purchase a course on the Platform, you receive access to all course-related content for the selected duration. You will obtain a certificate upon successful completion of the course. Successful completion includes completion of assignments (quizzes) and a final test. Access to the course-related content ends after successful completion of the course. 
    
4. Access to the free content on the Platform is not limited in time. However, 123sonography may modify or discontinue any free content for any reason and without notice at any time.
    
5. The intellectual property rights in the Platform, including, without limitation, in all documents, texts, images, audio files, podcasts, videos, graphics, and code contained in it and in its general “look and feel,” is owned by 123sonography. If any content is owned by a third party it is identified as such.
    
6. You are authorized to print extracts from or make screenshots of the Platform (except for any content identified as third-party content) for your own non-commercial use, provided any such copy or print retains all copyright or other proprietary notices and any disclaimer contained within them.
    
7. You may embed videos uploaded by 123sonography on Vimeo or YouTube into your blog or website if you properly identify 123sonography as the video’s copyright owner and include all proprietary notices and disclaimers contained in the video description.
    
8. Except for the limited permission set out above, you are not granted any right or license, and you shall not use, download, copy, adapt, reproduce, make available or distribute any content of the Platform, including diagrams, illustrations, photographs, video or audio sequences, graphics etc, without 123sonography’s express written permission. 
    
9. You may not use the Platform or the content or services offered thereon to store, publish, transmit and/or distribute any data, material or information that (i) is misleading, inaccurate, or fraudulent; (ii) infringes any copyright, trade mark, trade secret or other proprietary right of any third party; (iii) is racist, offensive, discriminatory, defamatory or incites violence; or (iv) is otherwise unlawful.
    
10. In the event that you upload any content to the Platform (including, without limitation, personal information, know-how, comments, ideas, questions, techniques, abstracts or similar), you grant to 123sonography an irrevocable, worldwide, perpetual, royalty-free, non-exclusive license to use, disclose, copy, modify, adapt, publicly display and translate all or any of such content for any purpose whatsoever without restriction.
     
11. 123sonography reserves the right, in its absolute discretion, to remove or delete, without notice, any content you upload to the Platform. 123sonography also has the right to disclose your identity to any third party, claiming that any content uploaded by you to the Platform constitutes a violation of their intellectual property rights or of their right to privacy.
     
12. Using inappropriate language such as insults, swear-words etc on the Platform is prohibited and can result in the termination of your registration, in which case, previous payments will NOT be reimbursed.
     
13. You shall not share your user information (username & password) with anyone else (one account per user). Any violations of this rule will result in the termination of your registration. Any previous payments will NOT be reimbursed.
     
14. You are responsible for keeping your password secure and secret. You shall not disclose your username and password to a third party.
     
15. You are responsible for any activity that occurs under your user name.
     
16. You shall not use the Platform for any unlawful or unauthorized purpose. You shall comply with all applicable laws regarding copyrights, online conduct and acceptable content when using the Platform.
     
17. You are solely responsible for your conduct and any data, text, information, user names, files, links that you submit and post on the Platform.
     
18. You shall not modify, adapt or hack the Platform or modify another website so as to falsely imply that it is associated with 123sonography.
     
19. You may not use the Platform or the content or services offered thereon to send unsolicited or unauthorized advertising, spam, junk mail, chain letters or similar content or messages. 
     
20. You shall not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You shall not attempt to gain unauthorized access to the Platform, the server on which the Platform is hosted, or any server, computer or database connected to the Platform. You shall not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. 123sonography will report any such actions to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately. 
     
21. 123sonography is not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your device, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any website linked to it. In accordance with good computing practice, you are advised to virus check all materials and/or content accessed and/or downloaded from the Platform using commercially available, up-to-date virus-checking software.
     
22. The Platform may contain third-party-owned content (e.g., articles, image libraries, data feeds or abstracts) and may also include hypertext links to third-party-owned websites. 123sonography provides such third-party content and links as a courtesy to users. Links are provided for your information only. 123sonography has no control over any third-party-owned websites or content referred to, accessed by, or available on the Platform and, therefore, 123sonography does not endorse, sponsor, recommend, or otherwise accept any responsibility for such third-party websites or content or for the availability of such websites. In particular, 123sonography does not accept any liability arising out of any allegation that any third-party-owned content (whether published on this or any other website) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third-party website or content.
     
23. 123sonography may terminate your paid subscription (such as Premium Membership, Course Extension and SonoAssistant) at any time. The cancellation will be in writing (e-mail suffices). The cancellation will take effect at the end of the current subscription period.
     
24. 123sonography may deny you access or terminate your registration if you violate these Terms & Conditions. In this case, previous payments will not be reimbursed.
     
25. 123sonography may alter the Terms & Conditions at any time. If the alterations constitute a material change to the Terms & Conditions, you will be notified via e-mail (or message from within the Platform). The latest version of 123sonography’s Terms & Conditions is available at: https://123sonography.com/terms-conditions 
     
26. 123sonography reserves the right to refuse registration to anyone for any reason at any time.
     
27. 123sonography may, but has no obligation to, remove content and accounts that 123sonography deems to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms & Conditions.
     
28. You shall indemnify, defend and hold harmless 123sonography from and against every claim, liability, damage, loss, and expense, including reasonably foreseeable attorneys' fees and costs, arising out of or in any way connected with (i) your use or alleged use of the Platform; (ii) your violation of any portion of these Terms & Conditions; or (iii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right.

Your Rights to Termination and Cancellation

29. You may terminate your registration if you no longer wish to use the Platform. After termination, you will no longer have access to the Platform. Payments for your purchases will NOT be reimbursed.
     
30. When your purchase contains a Money Back Guarantee, you may cancel the purchase within the first 30/60 days (depending on the purchased product/offer) after the purchase and receive a full refund if you have not completed 30% of the purchased course.
     
31. You may cancel the purchase of a book, magazine, or other paper publishing product up to one month after the purchase date. Cancellation must be in writing to office@123sonography.com. You shall return the goods to 123sonography immediately after cancellation, and you shall bear the costs for the return shipment. You will receive full refund of the purchase price if the goods are received by 123sonography in their original condition.
     
32. You are not entitled to cancel purchases of e-books or other electronic publishing products.
     
33. You may cancel a subscription (such as Premium Membership, Course Extension and SonoAssistant) at any time. Cancellation must be in writing to office@123sonography.com. The cancellation will take effect at the end of the current subscription period.

Disclaimer

34. All content on the Platform is exclusively intended for healthcare professionals and for EDUCATIONAL purposes only. You shall not use the Platform for diagnostic or treatment purposes. 
     
35. We always try to keep the content as up to date as possible. However, as a result of ongoing medical advances and developments, the information on this website may not always be completely up to date and, for this reason, the platform is provided on an "AS IS" and "AS AVAILABLE" basis. All warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property, are excluded. In particular, 123sonography excludes all warranties regarding the quality, accuracy, availability, completeness, or validity of all content and information provided on the platform. This has to be considered on the user's part when medical decisions are made. For treatment and other medical decisions, you shall not solely rely on information provided on the platform but shall always refer to relevant literature and applicable guidelines.
     
36. 123Sonography does not warrant that the platform and its services will be uninterrupted or error-free.
     
37. Use of data and information obtained from or through the platform is at your sole risk. 123Sonography excludes all liability for incorrect or inaccurate information. 123Sonography’s liability is excluded for loss or corruption of data.
     
38. 123Sonography is liable for damages resulting from death or personal injury. 123Sonography is not liable for any other loss or damage sustained by you relating to your use of the platform, whether caused by breach of contract or misrepresentation or by negligence or other tort (civil wrong) by us. In no event will 123Sonography be liable for any loss of profit, loss of business, loss of opportunity, or for any incidental, consequential, economic, or indirect loss or special damage suffered by you. The exclusions of liability in this disclaimer extend to 123Sonography’s officers, employees, agents, affiliates, and subcontractors.
     
39. In no event will 123Sonography be liable for any loss of profit, loss of business, loss of opportunity, or for any incidental, consequential, economic, or indirect loss or special damage suffered by you.
     
40. THE EXCLUSIONS OF LIABILITY IN THIS DISCLAIMER EXTEND TO 123SONOGRAPHY’S OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND SUB-CONTRACTORS.

Miscellaneous

41. 123sonography may assign this Agreement and/or engage the services of sub-contractors, including the providers of outsourcing services, for the performance of its rights and obligations. 
     
42. The application of any provisions of the Austrian E-Commerce Act (ECG) is excluded. In particular, the information obligations pursuant to Sec 9 (1) and (2) ECG do not apply.
     
43. These terms and conditions shall be construed in accordance with Austrian law and you hereby submit to the exclusive jurisdiction of the competent court for the first district of Vienna, Austria.
     
44. 123sonography may submit any disputes or claims arising out of or in connection with intellectual property rights or unfair competition to the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber. If submitted, such claims or disputes shall be finally settled under the Rules of Arbitration (Vienna Rules) by one arbitrator appointed in accordance with the said rules. The seat of the arbitration shall be Vienna, Austria. The language of the arbitration shall be English. 
     
45. You can contact 123sonography by e-mail: office@123sonography.com
     

Service: Second Opinion

46. Privacy requirements:
    123sonography knows that patient privacy is a priority for all healthcare professionals. Our service, “Second Opinion” is designed in a way that takes patient privacy extremely seriously. Before uploading, you must remove identifying details (for example, faces, names, tattoos, locations) related to patients from any file (picture, text, videos) that is being uploaded. See a list of all personal identifiers below (Appendix 1). Once a file is uploaded, our team performs a review of each file to verify that all identifying information has been properly removed. Because uploaded files do not have identifying details about patients and are not attached to any patient information, such as names or addresses, they do not fall under privacy regulations around the world such as HIPAA’s Privacy Rule in the United States, the EU Directives, privacy legislation in Canada (such as PHIPA in Ontario), and national privacy laws or similar legislation in other jurisdictions around the world.
     
47. Minimum requirements for receiving a second opinion:
    In addition to privacy requirements, uploaded cases must contain a minimum amount of background information in order to get a valuable second opinion. User must express their questions clearly and provide profound medical background information about the specific case. All cases are reviewed prior to being added to our database. Cases that don’t meet these criteria will be rejected.
     
48. Sharing case:
    When users upload their case, they may grant the right to share the case with other users to 123sonography at any given time in the future.
     
49. Disclaimer:
    We answer the questions to your cases in all conscience. Due to the fact that giving a second opinion depends on the information you provide to 123sonography.com we are not able to guarantee a predefined quality of the outcome. Therefore, 123sonography is not liable for diagnoses, treatments or any other actions that may be taken based on the service “second opinion”.

Appendix 1: Personal identifiers: identifying details that the user must remove before a file is uploaded:

• names
• full face images
• geographical identifiers
• date identifiers
• phone numbers
• fax numbers
• electronic mail addresses
• social security or social insurance numbers, or equivalent
• medical record numbers
• health card numbers, health plan beneficiary numbers, or equivalent
• account numbers
• certificate/license numbers
• vehicle identifiers and serial numbers
• device identifiers and serial numbers
• URLs
• IP address numbers
• biometric identifiers, including finger and voice prints
• any other unique identifying number, characteristic, or code

Service: Echo2Go Discussion Forum

50. The validity and evaluation of advice or expertise provided within Echo2Go's comment function are the responsibility of the participant. 123 Sonography GmbH and associate partners shall not be held liable for advice or expertise provided by participants in the Echo2Go comment section.
     
51. Comments should not mention any specific details that could result in the identification of a patient, either previously or currently under the care of a qualified professional.  

Lifetime subscription plan

52. A 123Sonography “Lifetime” subscription plan is a limited offer that allows you to access the product and the related services that are available at the time of your purchase for as long as the product and those services are available and supported. Products purchased under Lifetime subscription plans will be clearly indicated as such on the order page and in the order confirmation. You may not assign Lifetime subscription plans to any other person. While 123Sonography anticipates that the product you purchased and associated services will remain available and supported, potentially for many years to come, 123Sonography makes no warranties as to the expected lifetime of its services, and in purchasing under a Lifetime subscription plan, you acknowledge and agree that the product and services could change or terminate in the future. Lifetime subscription will not apply if a Lifetime subscription account is terminated for any duration of time due to cancellation, non-payment, or otherwise.

All Access Pass

53. The All Access Pass Product is a monthly subscription that gives you access to all of the Platform's content. The printed diploma is not included.

Sono Assistant 

54. The Sono Assistant is available with a monthly subscription. The subscription is subject to the Terms of Use and the fair use policy, which are available here: https://123sonography.com/sonoassistant. If you use the Sono Assistant in excess of the fair use policy, your access to Sono Assistant will be temporarily suspended. The regular license is for individual use only. If you purchase a subscription for multiple users, each user must accept and comply with Terms of Use and fair use policy.
     
55. Sono Assistant can be used free of charge for a trial period of three to a maximum of seven days. At the end of the trial period, the monthly paid subscription begins automatically. The fair use policy is to be considered within the trial period.
     
56. You shall use Sono Assistant solely for educational purposes. Sono Assistant is not intended to provide medical advice or support the medical decision making of healthcare professionals. You shall not use Sono Assistant as a guide to diagnose or treat patients. Sono Assistant cannot replace your own independent research of relevant literature and guidelines.
     
57. You do not acquire any rights whatsoever to use the answers generated or other content provided by Sono Assistant.

AI SonoAssistant Terms of Use

The use of AI SonoAssistant is subject to these Terms of Use ("ToU"). 

Note: When using AI SonoAssistant, you are not interacting with a human being. AI SonoAssistant is a chatbot that automatically generates answers to your questions using artificial intelligence. Answers from AI SonoAssistant can be imprecise, inappropriate or even incorrect. 

Fair Use Policy: Your use of the AI SonoAssistant is not unlimited. You can submit 300 prompts each month (the “Fair Use Period”). We aim to send you an informative notification if you have used 80% of your quota. If you have reached 100% of your quota, your access to AI SonoAssistant will be temporarily suspended until the beginning of the next Fair Use Period. 

1. Use AI SonoAssistant only in accordance with these ToU. If you do not agree with any of the terms, do not use AI SonoAssistant.
2. Use AI SonoAssistant only if you are a healthcare professional or health sciences student. 
3. Use AI SonoAssistant only for your own educational purposes.
4. Do not rely on the information provided by AI SonoAssistant for the diagnosis or treatment of any patient. AI SonoAssistant is not intended to provide medical advice or support healthcare professionals in medical decision-making. Always question the information provided by the AI SonoAssistant and verify its accuracy. AI SonoAssistant cannot replace your own independent research of relevant literature and guidelines.
5. Ask the AI SonoAssistant only questions related to sonography.
6. Do not input any personal data or confidential or proprietary information. 
7. Do not access AI SonoAssistant through any means other than the interface(s) provided on the 123 Sonography platform. Do not use any means to scrape or mine any data or other content associated with AI SonoAssistant. In particular, do not use robots, spiders, scrapers, or other automated means to access AI SonoAssistant.
8. Do not attempt to gain unauthorized access to any portion or feature of AI SonoAssistant, probe, scan, or test its vulnerability, or breach its security or authentication measures.
9. Do not input viruses or any other type of malicious code that will affect the functionality or operation of AI SonoAssistant.
10. Do not use AI SonoAssistant in order to build, train, or test similar or competitive products or services.
11. Do not use AI SonoAssistant in a way that violates the rights of third parties or any applicable laws or regulations. 
12. Do not use AI SonoAssistant to generate hateful or harassing content or content that promotes violence.
13. Do not use AI SonoAssistant to generate malware or code designed to disrupt or damage computer systems.
14. Do not use AI SonoAssistant for fraudulent or deceptive activities, including scams, fake reviews, or disinformation.

15. 123 Sonography GmbH uses the information you provide to AI SonoAssistant to train the underlying AI so that AI SonoAssistant understands your questions better and provides more precise answers.