Terms

Terms and Conditions

These terms govern the use of the Ultima Memoria (UM) platform and the purchase of its programmes. They describe how a contract comes about, what the service consists of, what is expected of a learner, and what applies to results, materials and liability.

Withdrawal and refunds are set out separately in the Refund Policy, which forms part of these terms. Personal data are dealt with in the Privacy Policy.

Scope and parties

These terms apply between Metropolitan Digital (“Ultima Memoria”, “UM”, “we”) and the person who registers an account or purchases a programme (“learner”, “you”). The provider is identified in full in the Imprint, 14.1.

The agreement consists of these terms, the Refund Policy, the Privacy Policy, and the description of the programme purchased as displayed at the time of purchase. Differing conditions of the learner do not apply unless we have agreed to them in writing.

A consumer is any natural person entering into the contract for purposes outside their trade or profession. Where a purchase is made by an institution — a school, university, company or public body — the provisions marked as applying to institutional purchases apply in addition.

Registration and account

Registration requires accurate and complete information, and confirmation of the email address given. An account is personal: it may be used only by the person who registered it, and access details must be kept confidential. Where an account is used by more than one person, we may block it.

Learners must be at least 16 years old. Younger learners may participate only with the consent of a parent or guardian, who then enters into the contract.

We may refuse or close an account where information given is false, where payment is not made, or where these terms are seriously or repeatedly breached. Statutory rights of the learner remain unaffected.

What the service consists of

Ultima Memoria (UM) provides an account-based learning service comprising:

  • A the entrance test S1/100, a required first step, which establishes the starting value across the four memory dimensions and the suitable programme;
  • B a programme — S2/200 over seven days for a twofold increase, S3/300 over ten days for a threefold increase, or S10/1000 over fourteen days for a tenfold increase, the last by application only — divided into phases, each with tasks and timed tests whose time limits are fixed for the programme;
  • C nine specialised modules covering colours, notes, letters, digits, two- and three-dimensional forms, chess, Arabic sounds and al-Qur’an, available after the entrance test and combinable freely once unlocked;
  • D learning materials made available inside the account for the duration of access;
  • E a certificate confirming completion of all three learning phases, the Learning Assessment Tests, the Comprehensive Assessment Test and the Final Examination, and stating the measured improvement across the four dimensions.

The scope of a purchase is what is displayed at the time of purchase. We may improve or extend the platform, and may replace individual materials or exercises with equivalent ones, provided the character and purpose of the programme are preserved.

After completion and certification, the learner keeps read-only access to the dashboard, learning plan, results and certificate; active practice through the test engine continues for 12 months after certification, with renewal at a reduced rate. Deadlines within a programme follow from the phase structure and are shown in the account.

Contract, prices and payment

The presentation of programmes on this website is an invitation to purchase, not a binding offer. A binding offer is made by the learner on submitting the order; the contract comes about when we confirm the order or grant access, whichever is earlier. The text of the contract is stored by us and sent to the learner with the confirmation.

Prices are those displayed at the time of the order, in EUR, and are stated inclusive of value added tax at the applicable rate. Where a price is shown for an institution, invoicing follows the individual agreement with the institution.

Payment is made by card at checkout and is processed by Stripe. The card form is Stripe’s own, embedded in our page; card details travel to Stripe directly and are never received or stored by our servers. Access is activated once payment is confirmed. In the event of default, statutory provisions apply.

Start of use and the right of withdrawal

Consumers have a statutory right to withdraw from a distance contract within 14 days, without giving reasons. The period begins on conclusion of the contract. The full withdrawal instruction, including the model withdrawal form, is set out in the Refund Policy.

Access to a programme is digital content supplied immediately. Where the learner expressly requests that supply begin before the withdrawal period has expired, and acknowledges that this ends the right of withdrawal once performance has begun, the right lapses accordingly. That request and acknowledgement must be given at checkout, as a separate step; where they are not given, access begins after the period has expired.

Independently of the statutory position, Ultima Memoria (UM) grants its own refund arrangement, described in the Refund Policy. It is voluntary and does not restrict statutory rights.

What is expected of a learner

  • A To complete tests personally, within the time allowed, and without external assistance or aids other than those permitted for the exercise.
  • B To keep access details confidential and to notify us if they may have become known to another person.
  • C Not to copy, record, download beyond the means provided, share, publish or resell learning materials, test items or exercises.
  • D Not to interfere with the operation of the platform, to circumvent access controls, or to use automated means to obtain content.
  • E To provide the technical requirements on their side: a current browser, a stable connection, and where a module requires it, sound output.

Where an obligation under A, C or D is breached, we may suspend access, invalidate affected results, withhold or revoke a certificate, and terminate the contract for cause. Claims for damages remain reserved.

Results and performance statements

The performance increases stated for a programme — for example a measurable twofold increase within seven days — describe the result the method is designed to achieve for a learner who completes the programme as prescribed: all phases, all tasks and all tests, within the time limits shown in the account, using the materials provided.

Results are measured by the platform’s own tests, across the dimensions described under Tests, and are compared against the entrance test of the same learner. Individual results depend on participation and on the starting level; where a stated target is not reached although the programme was completed as prescribed, the arrangement in 17.6 applies.

Ultima Memoria (UM) is a training service, not a medical or therapeutic treatment, and makes no promise of a cure or of any medical outcome; see Ultima Memoria (UM) & Health.

Intellectual property and licence

All rights in the Ultima Memoria (UM) system, its texts, exercises, test items, images, audio and video materials and software remain with us or our licensors. On payment, the learner receives a personal, non-exclusive, non-transferable licence to use the content for their own learning, for the duration of access.

Not permitted are: reproduction beyond private use, distribution, public communication, making available to third parties, commercial use, and use of the content to train or develop competing services or automated systems. Any use of the name or marks of Ultima Memoria (UM) requires written consent.

Availability and liability

We endeavour to keep the platform available without interruption, but do not owe uninterrupted availability. Maintenance is carried out, where possible, at times of low use and is announced in advance where it affects a course in progress. Where a phase deadline is affected by an interruption for which we are responsible, the deadline is extended accordingly.

We are liable without limitation for injury to life, body or health, for intent and gross negligence, and where liability is mandatory by law. For slight negligence we are liable only for breach of an obligation essential to the purpose of the contract, and then limited to the foreseeable damage typical of such contracts.

We are not liable for the learner’s technical environment, for loss of data the learner has not backed up where a backup was reasonable, or for results not achieved because the programme was not completed as prescribed.

Term, termination and applicable law

The contract runs for the access period purchased. A subscription, where offered, may be terminated with one month’s notice to the end of the current billing period. The right of both parties to terminate for cause remains unaffected. An account may be deleted at any time on the account page once signed in, or by request through the contact form; deletion ends access to materials and to a certificate not yet issued.

These terms are governed by the law of Bosnia and Herzegovina, excluding the UN Convention on Contracts for the International Sale of Goods. Where the learner is a consumer, this choice does not deprive them of the protection of mandatory provisions of the law of their country of residence. Place of jurisdiction, where the learner is a merchant or a public body, is the provider’s place of business.

Should a provision of these terms be or become invalid, the validity of the remainder is unaffected. We may amend these terms with effect for the future where there is a valid reason; registered learners are notified by email at least four weeks before the change takes effect and may terminate before that date if they do not accept it.

Information on consumer dispute resolution is given in the Imprint, 14.4.