General terms of use and sale

The terms of use and sale stipulate the conditions under which the subscriptions delivered by the upmed.ch platform must be used and sold.

1. Subject

These general terms of use and sale (hereinafter "GTS") stipulate the conditions under which the subscriptions delivered by the upmed.ch platform, published by Luxup D&M SA (hereinafter "UpMed"), must be used and sold.

2. Overview

UpMed gives persons subscribing to a subscription with upmed.ch access to a portion of the questions present in the database managed by UpMed. Opening an account is free and gives access to a restricted portion of the database as a "free trial". Subscribing to a subscription extends access to a larger portion of the questions present in the database.
Accounts are personal, unique to each user (e.g.: use of their @etu.unige.ch email address), non-transferable and non-shareable.
The MCQs present in the database managed by UpMed are the exclusive property of Luxup D&M SA and this ownership is in no way shared with the user when the latter subscribes to a subscription on the platform.

3. Subscriptions

The client's personal account is unique, non-transferable and non-shareable. UpMed reserves the right to terminate immediately, without notice and without refund, any user using the platform in a manner not compliant with these general terms of use and sale. The Client has the possibility to acquire different subscriptions on the platform ("training", "FullOnline" and "FullUp"). In any case, they have access to their subscription until the end of the exams of the year of the faculty linked to the subscription. (e.g.: end of May 2027 for the first year of the Bachelor in medicine at UNIGE in 2026-2027). The "FullOnline" and "FullUp" subscriptions are only available for upcoming mock exams. (e.g.: a client subscribing to the "FullOnline" or "FullUp" subscription at the beginning of December will only have access to the remaining mock exams of the year).

4. Price

All prices are in CHF (Swiss francs), incl. VAT (all taxes included). The payment of a subscription gives access to the corresponding service within two working days (usually this is done instantly). The client cannot benefit from any right of withdrawal following their payment, given that access to the service gives direct access to the entire database containing the MCQs (property of Luxup D&M SA).
UpMed may modify the price of subscriptions at any time and without prior notice. The price owed by the user is the one indicated at the time of the order, no other price is authoritative. No reason gives the right to a refund of the subscription, unless explicitly mentioned.

5. Subscription

Subscribing to a plan is validated by payment. The client's personal information must be accurate and the order summary verified by the client.

6. Payment

Payment for services related to UpMed can be made directly online via our secure partner STRIPE (www.stripe.com). Payment can also be made by bank transfer or TWINT; to do so please follow the procedure set out in our FAQ or get in touch with our team by email (info@upmed.ch). UpMed cannot be held responsible for a banking incident during a transaction carried out via STRIPE, TWINT or any other external payment intermediary.

7. Payment default

In the event of non-payment, UpMed reserves the right to withdraw its services from the client concerned.

8. Customer responsibility

The client is solely responsible for the management and safekeeping of their credentials and passwords. In this sense, it is appropriate that the client implements the measures necessary for the protection and safekeeping of their username and password. The client is solely responsible for the consequences of the use of their username and password, even if the latter was not the person behind the screen at the time of the events. The client must inform UpMed as quickly as possible of any use of their username and password that does not comply with these terms of use.

9. Intellectual property

The entire upmed.ch website, including its code, its links with the database, its statistical tools, all of the questions and educational content, as well as any other resource accessible on the platform, constitutes the exclusive property of Luxup D&M SA.
It is strictly forbidden to reproduce, share, extract or reuse all or part of this content outside the platform. This expressly includes the use of automated systems, artificial intelligence or language models (LLM) aimed at rephrasing, paraphrasing or generating similar content from UpMed's resources. Any attempt at reproduction, even by automated rewriting, is considered a direct infringement of the rights of Luxup D&M SA.
Luxup D&M SA reserves the right to initiate legal proceedings against any offender. In any event, a minimum lump-sum indemnity of 2'500 CHF will be due, without prejudice to additional damages proportionate to the severity of the infringement and the harm suffered.

10. Subscription terms of use

The client account is personal, non-transferable and non-shareable. In the event that a client were to use our platform fraudulently (not in compliance with these general terms of use and sale), UpMed reserves the right to irrevocably delete the user's subscription, this without refund or other compensation from UpMed. Furthermore, for any proven fraudulent use, Luxup D&M SA reserves the right to prosecute the offender and the latter consents to pay the lump sum of 2500 CHF to Luxup D&M SA for the harm caused to the integrity of the company.

11. Technical issues and maintenance

Access to the upmed.ch site can be done on several different browsers, but we only guarantee the proper functioning of the platform via the latest version of Google Chrome. Our services are available online 24/7, except in the event of a breakdown or a specific need of UpMed. The client undertakes to notify UpMed of any technical malfunction as quickly as possible. In return, UpMed undertakes to fix the IT problem as soon as possible. UpMed disclaims liability for a malfunction of its services if it is linked to:

  • A problem at the level of its access providers (hosting, database, etc…);
  • Power grid failure; and
  • Any malfunction not attributable to UpMed

UpMed does not in principle carry out any maintenance operation during the school year, but if necessary the company reserves the right to carry out maintenance operations at any time, without prior notice. The customer undertakes not to claim any compensation on this account and declares to accept all the limits of the service provided by UpMed. For any question on this subject, the customer may contact UpMed by e-mail (info@upmed.ch).

12. Content warranty

UpMed may at any time modify the number of questions downwards or upwards, without any form of compensation. The number of questions indicated on the site or in the various marketing materials is purely indicative and in no way contractual. UpMed is not held responsible for the presence of errors in the questions.
The statistics are also given for information purposes and in no way bind UpMed. The presence of errors in the statistics given by UpMed to the user is not the responsibility of UpMed. UpMed does not guarantee any success in your studies, it just tries to help you. UpMed is completely independent of any university whatsoever.
In the event that UpMed has adversely affected the course of your studies in any way whatsoever, it cannot be held liable for the consequences arising therefrom.
UpMed undertakes to review the question reports made by users and to make the necessary modifications to the questions as quickly as possible.

13. Data protection

Luxup D&M SA processes the personal data of its users in accordance with the applicable Swiss data protection legislation (nFADP). The data collected during registration and use of the platform is used exclusively for the operation of the service and is not transmitted to third parties, except by legal obligation. The user may at any time request the deletion of their account and their personal data by contacting UpMed by e-mail (info@upmed.ch).

14. Dispute

Any dispute arising between the parties bound by the of sale contract may be brought before Swiss justice.