Please read this Novalis Circle User Agreement (“Agreement”) carefully. This Agreement is a legal agreement between you (“You”) and Brainlab AG (“Brainlab”) and governs Your access to and use of www.novaliscircle.org (“Platform”). Brainlab is willing to grant to You the right to access and/or use the Platform only if You accept all terms and conditions of this Agreement. By clicking the “I accept” button displayed during the registration process, You acknowledge that You have read this Agreement, understand its terms and conditions and agree to be bound by it. Your use of the Platform indicates Your continued acceptance of this Agreement. You agree that the electronic acceptance of this Agreement is intended to have the same force and effect as if this Agreement was physically signed. In this Agreement, “You” may be referred to as “You” or “Your.”
Brainlab may modify this Agreement from time to time by posting an amended version on its website or the Platform. If You object to any changes, You may send an e-mail to email@example.com and request that Brainlab closes Your account. Your continued use of the Platform after Brainlab publishes changes to these terms means that You are consenting to the updated terms as of their effective date.
1. About the Platform
The Platform is a website hosted by Brainlab and designed to exchange knowledge aiming to optimize treatments in radiosurgery. Brainlab may change, suspend or discontinue the Platform at any time.
Brainlab is not a healthcare institution or medical facility and neither Brainlab nor the Platform provide any medical advice. You are solely responsible for all medical decisions, including any diagnosis, use of medical professionals, treatment or treatment plan, made by You as the result of the use of the Platform or any communication in the Platform, regardless of any referral or suggestion made by Brainlab.
The Platform contains links to other websites that are not controlled or operated by Brainlab and Brainlab is not responsible for the contents or operation of any linked site. These links are for Your convenience only and the inclusion of any link does not imply endorsement of any third party and shall not constitute any kind of liability of Brainlab whatsoever.
It is Brainlab’s goal to keep the information on the Platform as accurate and up to date as possible. However, the information may still contain errors and/or omissions, for which we disclaim any responsibility.
2. Your Account
If You wish to access and use the Platform, You must have or request a Brainlab ID account consisting of a user name and a password (“Account”). You are fully responsible for all activities that occur under Your Account. Brainlab may immediately discontinue Your use of the Platform and cancel Your Account at any time, with or without cause, in its sole discretion.
3. Sharing Information and Content
The Platform allows messaging and sharing of information and content with other users. All communications and messages made available as part of the Platform and any opinions, advice, statements or other information contained in any messages posted or transmitted are the responsibility of the respective author of that message and not of Brainlab (unless Brainlab is specifically identified as the author of the message). The fact that a particular message is posted on or transmitted using the Platform does not mean that Brainlab has endorsed that message in any way or verified the accuracy, completeness or usefulness of any message.
By using the Platform, you may encounter information or content that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Brainlab generally does not review content or information shared by users on the Platform. You agree that we are not responsible for other user’s information or content. Brainlab cannot prevent any misuse of the Platform and You agree that Brainlab is not responsible for any such misuse.
Any information and/or content submitted by You to the Platform remains the property of You, and will be publicly attributed as such via Your Account name. Brainlab is not responsible for copyright infringements made by any third party resulting from the publication of Your information or content on the Platform.
You agree that all posted materials or information become a part of the Brainlab database, in which Brainlab owns a compilation copyright. You hereby grant Brainlab and its affiliated companies a perpetual, worldwide, irrevocable right and license to use, reproduce, display, publish, process, modify and distribute such materials and information and any portion or derivative work thereof, with the right to assign and sublicense, without any obligation of compensation, credit or attribution to You.
4. Restrictions of Use
You agree to (a) comply with all applicable laws and regulations, including but not limited to data protection laws and intellectual property laws, and (b) provide and maintain correct and truthful Account profile information, including but not limited to Your real name.
You further agree that You will not (a) post or otherwise share any material or information which is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, knowingly false and/or otherwise a violation of the law; (b) create a false identity on the Platform or represent Yourself as someone else; (c) use or attempt to use an Account of another user; (d) override or bypass any security measures, access controls or other use limits of the Platform; (e) disclose information that You are not allowed to disclose (such as personal data, trade secrets or confidential information of Brainlab or third parties); (f) infringe intellectual property rights of Brainlab or third parties, including but not limited to copyrights, patents, trademarks or other proprietary rights; (g) copy or distribute content of other users without their consent; (h) post anything that contains viruses, malware, worms or any other harmful programs; or (i) modify, adapt, translate, create derivative works, disassemble, decompile or otherwise reverse engineer the Platform or attempt to discover the source code of the Platform or any related technology that is not open source.
Brainlab is under no obligation to monitor the information residing on or transmitted to the Platform, but if it should choose to do so, You agree that Brainlab may modify or delete any information residing on or transmitted to the Platform that, in its sole discretion, it believes is inappropriate, unacceptable, in violation of these terms and conditions, a violation of rights or of any law or regulation, or impedes the operation or management of the Platform. The use, display, distribution or publication of any information or content posted on the Platform does not constitute or imply an endorsement of such information or content by Brainlab, and Brainlab expressly disclaims all responsibility for such information or content.
5. Data Protection
You agree that You will post, share, message or otherwise communicate only anonymized data on the Platform. You are solely responsible for the anonymization and any processing of personal data, including but not limited to patient data. In no event You may post, share, message or otherwise
communicate personal data without ensuring that there is a legal basis for such processing. Brainlab does not assume any responsibility and expressly disclaims liability for any loss, damage or expense arising out of or in connection with Your use, collection, storage, transfer, disclosure, dissemination, destruction or any other processing of personal data.
If Your Account is deleted all of Your personal data will be removed from the Platform. In particular the link between Your user name and Your posts, comments and other profile data will be removed. The same applies to messages and other conversations on the Platform. Although the personal reference is removed, any of Your posts, comments and messages remain on the Platform, displayed as “anonymous”. Content or information that You don’t want to remain on the Platform must be deleted manually by You before Your Account is deleted.
6. Proprietary Rights
Brainlab is providing You with only the right to access and use the Platform pursuant to this Agreement. Brainlab retains sole and exclusive ownership of all right, title and interest in and to the Platform (including ownership of all trademarks, trade secrets, trade dress, copyrights, patents and other intellectual property rights pertaining to the Platform) and to all modifications, improvements and enhancements of the Platform. You may not transfer, lease, rent, assign or sublicense the rights granted to You under this Agreement or make Your Account available for the use of other persons through Your Brainlab ID password.
All content included on the Platform, such as names, trademarks, logos, designs, texts, graphics, icons, images, audio and video clips and software, but excluding any public information or data reproduced on the Platform, and the collection, arrangement and assembly of all content on the Platform, is the property of Brainlab or its suppliers and is protected by copyright and/or trademark laws and therefore may not be copied, reproduced, republished, transmitted, distributed, altered or modified without the prior written consent of Brainlab. The Platform and the copyrights, trademarks and proprietary materials of Brainlab included in the Platform are provided for Your convenience. Any unauthorized access to or use of the Platform or its contents may constitute copyright infringement, trademark infringement, misappropriation, or computer fraud and abuse.
7. Warranty Disclaimer
The Platform and the information and content on the Platform is provided for Your convenience only and is provided on a strictly “As is” basis. The Platform is subject to change without notice. Brainlab makes no representations and no warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, accuracy of data, non- infringement or fitness for a particular purpose. Brainlab does not warrant that the platform will work in combination with Your hardware or systems or that the Platform will be uninterrupted or error-free. Brainlab assumes no liability for any system or hardware on which the Platform is accessed. You should read, unterstand and expressly agree that the use of the Platform is at Your sole risk and the Platform is not intended to be substitute for professional medical advice or judgment and does not provide advice on treatments or conditions for individual patients.
8. Limitation of Liability
To the fullest extent permitted by law, Brainlab shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages of any kind resulting from the use of or the inability to use the Platform, including damages for loss of profits, use, data or other intangibles, even if Brainlab has been advised of the possibility of such damages.
This limitation of liability shall not apply in the event of (a) Brainlab’s willful misconduct or gross negligence, (b) death or personal injury or (c) product liability.
You agree to indemnify, defend and hold Brainlab, its directors, officers, employees, affiliates, agents and representatives (collectively, the “Indemnified Parties”) harmless from and against any and all damages, losses, cost and expenses (including court costs and attorneys’ fees) incurred by the Indemnified Parties as a result of Your use of the Platform or arising out of Your posting, sharing, using, or accessing the information contained in the Platform.
10. Reporting and Contact Information
Brainlab generally does not review content or information shared by users on the Platform. In the event You encounter information or content that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful, we encourage You to report any such information or content to firstname.lastname@example.org.
For general inquiries, You may contact Brainlab under email@example.com For legal notices, You may write Brainlab at
Brainlab AG, Olof-Palme-Str. 9, 81829 Munich, Germany.
This Agreement shall be governed by the laws of Germany. You agree that any disputes, suits or other claims in connection with this Agreement and/or related to Your use of the Platform will be resolved exclusively in Munich, Germany. You agree to submit to the personal jurisdiction of such courts for the purpose of resolving any such disputes, suits or claims.
If any part of any provision of this Agreement shall be invalid or unenforceable, such part shall be deemed to be restated to reflect, as nearly as possible, the original intentions of both of the parties in accordance with applicable law, and the remainder of the Agreement shall remain in full force and effect.
You may not assign, novate or otherwise transfer any rights or obligations under this Agreement without Brainlab’s prior written consent. Any attempted or purported assignment, delegation or other transfer by You without such consent shall be void.