General terms and conditions of business and use (GTC)

 

Updated:  30 June 2020

 

§ 1 Provider of the service, general information, term definitions

 

1.1   Provider of the services

The provider of the services described below is:

LimeSurvey GmbH     

Papenreye 63

22453 Hamburg

Managing Director: Carsten Schmitz, Sebastian Wendrich

Tel. +49 40 22660066 (not for support – paid telephone support on request)
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.This email address is being protected from spambots. You need JavaScript enabled to view it.

Entered in the commercial register of Hamburg 
Registry court: The District Court of Hamburg 
Registration number: HRB 13762 
VAT identification number under Article 27 of the German VAT Act (Umsatzsteuergesetz): DE301233134

(hereinafter referred to as the “Provider”).

 

1.2   Offer, services, miscellaneous

The Provider operates various free and paid services related to online surveys (collectively “Services”) under the domain https://www.limesurvey.org/ and its subdomains (collectively “Online Presence”). In detail:

 

a.    Customers

Customers are natural persons or companies who have concluded a contract on the use of the services with the Provider (hereinafter: “Customer”).

 

b.    Free offer

LimeSurvey Community Edition

Within the framework of their service, the Provider offers the Customer the software LimeSurvey Community Edition for carrying out online surveys, which is licensed under GNU General Public Licence, Version 2 (GPL) free of charge, for downloading exclusively at his/her own responsibility. The Provider does not grant the Customer any rights through the use/provision of the software. The Provider shall also make an online forum available to the Customer free of charge following registration, subject to § 4, as well as online documentation, a website for recording and processing error reports and feature requests and a website for translating LimeSurvey into other languages.

 

c.    Paid services

 

ComfortUpdate LimeSurvey extension

Following registration and the placement of an order, the LimeSurvey extension packages offer the Customer, among other things, the possibility of convenient update access “ComfortUpdate” for the LimeSurvey Community Edition software hosted by the Customer. The Provider provides a current update script for this purpose. Among other things, and after activation by the Customer, this script triggers a data back-up in the Customer’s system and carries out the update, as well as granting access to an old version of that software in which any critical errors have been eliminated by the Provider. The Provider does not grant any rights to this, however these follow from the GPL licence specified under a.). Besides a free 1-month test version, various other paid versions of the service packages are available for selection, with a determined automatically extending contractual term, and which contain a set maximum number of included update services. Service package details can be found on the Online Presence.

 

LimeSurvey Cloud

Through the LimeSurvey Cloud service, following registration and the placement of an order, the Customer can create, manage and evaluate surveys directly online. Participants invited by the Customer take part in these surveys. As a rule, the service can be used free of charge up to a particular volume of usage and a particular range of functions, as specified on the Online Presence (package name: “FREE”). Above a particular volume of usage and a particular range of functions, the Customer may also order one of several paid service packages with a particular specified and automatically extending contractual term. Service package details can be found on the Online Presence. The Provider can provide the Customer with a paid service package for a specified period of time free of charge for test purposes (“TRIAL VERSION”).

 

LimeStore

Registered Customers have the possibility of receiving software extensions (“LimeSurvey extension/extensions”) digitally via an online shop offered by the Provider (hereinafter “LimeStore”) in order to make use of extended functionalities in the Provider’s services. The details, particularly the technical requirements, are specified with the respective LimeSurvey extension. A basic distinction must be made between the following LimeSurvey extensions:

 

-  LimeSurvey extensions that fall under the GNU General Public Licence, Version 2, (GPL; “GPL-LimeSurvey extension”)

-  LimeSurvey extensions that are offered under a permanent or fixed-term standard licence

 

With the exception of the fixed-term standard licence (see section 7.4 of § 7), updates for the LimeSurvey extension in question are only available if they are included for the specified period. This does not affect any rights in the event of defects (errors) (see § 8). After successfully placing an order, the Customer shall receive the files for download from the Provider’s Online Presence and must install them and put them into operation him/herself. In the case of LimeSurvey Cloud, the LimeSurvey extension will be installed by the Provider once ordered and its functionality made available as a service.

 

 

LimeSurvey extension update/support package

Irrespective of the troubleshooting under § 8, the Customer may, in the case of the GPL LimeSurvey extension or the permanent standard licence, book a LimeSurvey extension update/support package for the LimeSurvey extension in question for a fee with a contractual term which is automatically extended, or extend their validity, in the case of update/support services which were included initially. Updates of the LimeSurvey extension published by the developer as well as any support shall be available to the Customer for the specified period. You can find details in the information relating to the respective LimeSurvey extension.

 

 

d.    Applicability of these GTC; contractual language

These General Terms and Conditions apply to all existing business relationships relating to the services referred to herein. They apply to all services related to the services in the version currently effective upon registration or the placement of the order. Deviating Customer terms and conditions are not recognised by the Provider, unless individually agreed otherwise. The language of the text of the contract depends on whether the Customer ordered via the German language version of the website or the English language version. In the case of ambiguities or disputes, the German version of these GTC shall take precedence.

 

e.    General provisions

The service is only directed at Customers who have full legal capacity or are effectively represented.

 

§ 2 Conclusion of the contract, registration, ordering

 

2.1   Conclusion of the contract

The contract between the Provider and the Customer regarding the use of the respective services arises upon registration on the Provider’s Online Presence by a Customer and, as the case may be, through an order for services placed by him/her.

 

2.2   Registration

For the use of the full range of functions of the Provider’s Online Presence, registration by means of the entry of a user name of the Customer’s own choosing and a password, as well as an email address, is required. The Customer affirms that the information provided by him/her during the course of registration is accurate. He/she shall immediately notify the Provider of any changes to the data required by editing the relevant fields in his/her user account.

 

2.3   Ordering free services on the Online Presence

In the case of the test package of ComfortUpdate LimeSurvey extension or the “FREE” LimeSurvey Cloud, ordering takes place by means of registration by the Customer or, in the event of prior registration, logging in and making the appropriate selection. The Customer then receives a test licence key in his/her use account for the ComfortUpdate LimeSurvey extension or an activation for LimeSurvey Cloud “FREE”. The test package of LimeSurvey ComfortUpdate LimeSurvey extension has a term of one month from the provision of the licence key and expires automatically.

 

2.4   Ordering paid services on the Online Presence

Registered Customers who are logged in can make a binding order for paid services, LimeSurvey extensions and any LimeSurvey extension update/support packages as per the online order form on the Provider’s Online Presence by clicking on “Order and pay”. The scope of the service and details concerning the order are clearly shown to the Customer as part of the online ordering process. The Customer receives an automatic email confirmation of the receipt of an order.

 

2.5   Email orders

In individual cases, orders can also be made via remote communication (email), on request. The Provider has the right to collect an expenses fee for this, once the Customer has been advised to that effect.

 

2.6   Conclusion of the contract

For the order in question, the contract for LimeSurvey ComfortUpdate LimeSurvey extension packages, LimeSurvey Cloud or a LimeSurvey extension takes effect following successful payment by the Customer or else, in the case of payment against invoice (if the Provider has enabled this option), immediately. The Customer then receives a confirmation email. The selected duration of the package begins upon activation by the Provider. In addition, the contract takes effect upon activation by the Provider.

 

2.7   Scope of the service

The scope of the service depends on the service selected by the Customer and can be viewed online at any time.

 

2.8   Saving option and viewing the text of the contract

2.8.1   The Customer can view the GTC on the Online Presence. He/she can also print that document out or save it by using the usual browser function. The Customer can also archive the files of a given order, either by saving the GTC and saving the data summarised on the last page in the online ordering process using the functions provided in his/her browser, or by waiting for the automatic confirmation of receipt of the order email. This email reiterates your order data and the Provider’s GTC.

 

2.8.2   The order data will be stored by the Provider, but for security reasons cannot be directly accessed by the Customer. For each registered Customer, the Provider provides a password-protected user account. Here, he/she can view data regarding completed and open orders, as well as invoices, and manage and save his/her address data, any payment data and, if applicable, a newsletter.

 

§ 3 Prices, price changes; payment methods and terms

 

3.1   Prices

The prices for the paid services are based on the information provided when ordering and are effective for the respective term of the contract (§ 4). As a rule, all prices on the Online Presence should be understood as including the currently applicable VAT, unless

 

-  the Provider has provided different information on the Online Presence for entrepreneurs as per the Price Quotation Ordinance (Preisangabenverordnung, PAngV);

-  the Customer has identified him/herself as a company from the EU (other than Germany) with a valid VAT ID; or

-  the Customer is not resident in the EU for tax purposes.

 

3.2   Price changes

3.2.1   In the event of automatic extension of the term of the contract, the previously agreed price applies, with the proviso that the Provider has the right to adjust the respective prices for ongoing services quarterly in line with changing market conditions or in the event of significant changes in purchase costs or changes in VAT or purchase prices. In the event of price increases which significantly exceed the regular increase in the cost of living, the Customer shall have a right of termination. In such situations, the Provider shall notify him/her to that effect in writing beforehand.

 

3.2.2   Furthermore, price changes for orders which are to be released in the future are possible at any time and shall be communicated on the Online Presence and/or when the order is placed.

 

3.3   Payment methods and terms

3.3.1   The paid services shall be paid in advance, in full for the entire term of the contract in order for activation to take place. The Customer agrees that in the event of an extension of the paid service, the last selected payment method or the payment method currently recorded in the account shall be used by the Provider within 14 days of the invoice date, at the start of the new contractual term.

 

3.3.2   The generally accepted payment methods are shown on the website (www.limesurvey.org/de/preise) and in some cases are shown as per the online order form on the Online Presence during the ordering process. Prior approval by the Provider is required for payment against invoice. In this case payments must be made within 14 days of the invoice date. The Provider is free to offer payment against invoice.

 

3.3.3   In the event of a significant delay in making payment of at least one month from the due date, the Provider shall have the right to block the Customer’s access to the respective service until the outstanding receivables have been settled.

 

3.3.4   The Customer declares that he/she agrees to receive invoices and credit notes exclusively in electronic form. On request, invoices in paper form shall be sent by post (letter) for a fee of €9.00.

 

§ 4 Term of the contract and termination

 

4.1   The contractual term specified upon the placement of the order applies from the conclusion of the contract.

 

4.2   Giving notice of two weeks before the expiry of the term of the contract, the Customer may, in the case of automatically extending paid service packages, terminate the contract, effective at the end of the respective contractual term, on the Provider’s Online Presence in his/her user account by using the corresponding function or may do so in writing. If the Customer fails to terminate the contract, the selected paid service package shall be extended by the previous term of the contract, however for consumers (Article 13 of the German Civil Code – Bundesgesetzbuch, BGB), this is not by more than one additional year. The same right of termination applies for the Provider. In the case of LimeSurvey Cloud, once the Customer’s termination takes effect, the paid service package shall be downgraded to the free package (“FREE”).

 

4.3   If the free package (“FREE”) of LimeSurvey Cloud is not used for a period of four months, the user account shall be deactivated. After 24 unused months, and following an email notification four weeks in advance, the Customer’s user account shall be deleted, including all stored data.

 

4.4   The Provider may terminate free services at any time, giving one month’s notice. The Customer may terminate such services at any time, effective as of the next business day.

 

4.5   The Provider may discontinue their services at any time having given two months’ advance notice in writing. Payments made in advance shall be refunded on a pro rata basis insofar as the services have not yet been used.

 

4.6   The Provider and the Customer may terminate the agreed services by way of extraordinary termination if significant contractual provisions are breached. On the part of the Provider, this particularly applies in the event of a breach of the provisions of § 5 of these GTC.

 

§ 5 Obligations of the Customer, responsibilities, advertising

 

5.1   The Customer must fill in all the fields provided in the registration form truthfully and correctly.

 

5.2   Multiple registrations are not permitted. Registration in the name of third parties is also prohibited.

 

5.3   The Customer must keep his/her login details and passwords secret and refrain from passing them on to third parties. Passwords must consist of at least six upper and lower case characters, digits and special characters. If third parties gain knowledge of login details and/or passwords, the Provider must promptly be notified to this effect.

 

5.4   The Customer must constantly keep the contract-related information recorded in his/her user account (e.g. name, address, email) up to date. For that purpose an appropriate configuration menu is available for the Customer in his/her user account.

 

5.5   The Customer undertakes to use the Provider’s services in accordance with the contract and the law. The Customer is not authorised to misuse them, which is particularly the case if

 

-  resources are overused and/or

-  the service is checked for weaknesses/errors and/or

-  the invitation system is used for email advertising and/or

-  the operation is disturbed for other customers and/or

-  there is misuse, i.e. use not for survey purposes.

 

The Customer affirms that, over the course of his/her use of the service, he/she shall refrain from distributing any content which would be liable for criminal prosecution and from violating any other rights of third parties (particularly intellectual property rights), competition law or general personal rights, as well as data protection regulations. In particular, the dissemination of child pornography, content that endangers young people, or extremist or racist content is prohibited. Forum contributions, organiser emails or statements in the chat function which do not constitute the private, individual exchange of opinions, such as commercial advertising for one’s own purposes or for third parties, paid service telephone numbers, junk mails, spam, chain letters or pyramid scheme emails, are also prohibited. Furthermore, in connection with LimeSurvey Cloud surveys, the Customer bears sole responsibility for the content published on the Internet by his/her survey participants or content or parts thereof provided to the Provider for publication. In this context, the Customer must comply with the applicable legal provisions upon the publication of content and/or upon the requesting/provision of content to the Provider for publication, particularly data protection regulations, the personal rights of the participants and the laws applicable in Germany and worldwide on the protection of children and young people and copyright holders and for protection against terrorism and violence. The Customer is responsible for compliance with the regulations relating to electronic commerce which are applicable in Germany.

 

5.6   With regard to LimeSurvey extensions which are downloaded from the Provider, the Customer must protect them against access by unauthorised third parties by means of suitable measures, in particular ensuring the safekeeping of all copies of the software in a protected location.

 

5.7   The Customer shall indemnify the Provider against all claims and receivables of third parties which are due to the violation of rights in connection with use of the Provider’s services and which are attributable to the Customer. This includes, in particular, the obligation to indemnify the Provider against claims for injunctive relief as well as claims for damages or reimbursement of expenses by third parties and against all costs of legal proceedings (e.g. court and legal fees) or to indemnify the Provider upon first request.

 

5.8   The Customer must independently back up his/her data at all times. The Customer is responsible for carrying out (at least) one additional external data backup before carrying out any updates in connection with the LimeSurvey ComfortUpdate LimeSurvey extension. This is intended, in particular, to prevent any loss of data as a result of the update, above all in the event of a malfunction or failure by the update script to carry out a backup.

 

5.9   The Provider has the right to display advertisements for their own purposes and advertisements from third parties during surveys within the framework of the free service. The Provider guarantees that, in this context, usage will be compliant with data protection legislation, notwithstanding the above sections. This is regulated in more detail by the Provider’s privacy policy available on the Provider’s Online Presence.

 

5.10   If the Customer significantly breaches one of his/her obligations as referred to above, the Provider shall have the right to block his/her user account at the expense of the Customer, insofar as a block does not appear to be disproportionate on a case-by-case basis due to the insignificance and lack of consequences of the breach. Customer claims for reimbursement or compensation are excluded.

 

§ 6 Availability of the services

 

6.1   In the case of paid services, availability of 99%, calculated per individual month during the term of the contract, is guaranteed. In the case of the LimeSurvey ComfortUpdate Extension, this applies to the provision of the published current update. A guarantee is not provided in this respect.

 

6.2   For this purpose, the Provider shall implement reasonable, technically feasible measures according to the state of the art of technology and in proportion to the level of expense, in order to ensure the availability of the service. The Customer must counteract the risk of a loss of data in the event of, and as a result of, system failures (§ 5) through his/her own data backups. The Provider shall be liable in the event of, and as a result of, system failures only insofar as the Provider’s culpability (§ 9) can be proven.

 

6.3   Moreover, the Provider accepts no responsibility for ensuring that the services offered can be used by the Customer at any time and/or without interruptions.

 

§ 7 Usage authorisation

 

7.1   Usage authorisation for paid services

7.1.1   The Customer shall acquire a non-exclusive, non-transferable right to use the paid services in accordance with the contract. That usage right is limited to this extent. Any transfer of that right to third parties (assignment/contract transfer) is excluded.

 

7.1.2   The Customer permits the Provider to access and back up the content provided in order to provide the services that can be accessed under LimeSurvey Cloud in the Customer’s interests for the purposes of support, maintenance and billing. The Provider is not granted any further rights with respect to content provided by the Customer.

 

7.1.3   When the contract comes to an end, the Customer’s usage authorisation shall expire entirely. Customer content shall not be backed up, nor does any entitlement exist to the release or any other provision of the content he/she uploads, insofar as it is not legally required. The Customer may back up his/her data him/herself at any time up to the end of the contract.

 

7.2   Usage authorisation for paid LimeSurvey extensions

7.2.1   For LimeSurvey extensions, in deviation from the previous sections of this § 7, the information concerning the licence within the scope of the respective LimeSurvey extension applies. The following also applies, which takes lower priority:

 

7.2.2   Where a “GPL-LimeSurvey extension” is purchased, the following applies: upon ordering the LimeSurvey extension and after making payment in full of the agreed fee for the provision of the LimeSurvey extension, including any LimeSurvey extension update/support packages, the Customer shall be provided with a copy of that LimeSurvey extension including source code. In this respect, the licence provisions of GNU General Public Licence, Version 2, (GPL), as enclosed with the LimeSurvey extension, apply.

 

7.2.3   Where a permanent standard licence is purchased, the following applies:

 

(1)  Having paid for the LimeSurvey extension in full, the Customer shall receive a non-exclusive right, without any time limitation, to use the LimeSurvey extension for its intended purpose within the scope specified in the LimeStore. If a support package is ordered, the rights stated here apply equally to any updates during the support period. The number of installations of the LimeSurvey extension used by the Customer must equal the number of licences purchased. Permissible use includes the installation of the contract software, loading into the RAM, and use by the Customer as intended. Under no circumstances shall the Customer have the right to lease or in any other way sub-license the acquired LimeSurvey extension, nor to publicly reproduce it or make it available by wired or wireless means, nor to make it available to third parties, whether for a fee or free of charge, e.g. by means of Application Service Provision or as “Software as a Service”. Paragraph (4) remains unaffected.

(2)  The Customer is entitled to make a backup copy if this is necessary to safeguard future use. The Customer shall mark the backup copy with a visible note saying “backup copy” as well as with a copyright note by the manufacturer.

(3)  The Customer shall only then be entitled to decompile and duplicate the contract software to the extent that this is permitted by law. However, this shall only apply on the condition that, having been requested to do so, the Provider has not made the necessary information available to the Customer within a reasonable period of time.

(4)  The Customer is entitled to permanently transfer the purchased copy of the contract software to a third party by passing on the licence terms provided in the LimeStore and in these terms and conditions. In this case the Customer will completely give up the use of the program, remove all installed copies of the program from the their computers and delete all copies on other storage media or hand them over to the Provider, unless legally obliged to store them for a longer period of time. At the Provider’s request, the Customer shall confirm in writing that the aforementioned measures have been carried out in full or, if applicable, explain the reasons for longer-term storage. Furthermore, the Customer shall expressly agree with the third party to observe the scope of the granting of rights pursuant to this section, section 7.

(5)  If the Customer uses the contract software to an extent which exceeds the acquired rights of use qualitatively (with regard to the type of permitted use) or quantitatively (with regard to the number of licences acquired), the Customer is to immediately acquire the rights of use necessary for the permitted use. If the Customer fails to do so, the Provider shall assert the rights to which the Provider is entitled.

(6)  Copyright notices, serial numbers and other program identification features must not be removed from the LimeSurvey extension or modified.

 

7.2.4   Where a fixed-term standard licence is purchased, the content of section 7.2.3 above applies accordingly, with the proviso that the usage right is limited to the term and that section 7.2.3 (4) does not apply. Furthermore, in the event of a violation of the usage authorisation, all issued usage rights shall become immediately ineffective and automatically revert to the Provider. In this case the Customer must promptly and completely cease using the software and erase all copies of the software installed on his/her systems, as well as any back-up copy which may have been created. The same applies after the end of the term of the contract.  

 

§ 8 Warranty, responsibility

 

8.1.   The Provider does not guarantee nor shall he/she be liable for the LimeSurvey Community Edition, nor for its functionality. The Provider does not accept any liability or provide any guarantees for related losses, insofar as they are not related to the other services of the Provider agreed in these GTC.

 

8.2.   The Provider shall only be deemed responsible for unlawful content and messages and, in particular, those which affect the rights of third parties, which are uploaded onto the Internet by Customers via the discussion forums, direct messages and the chat channels on the Provider’s website if the Provider is aware of the content and it is technically and economically possible for the Provider to block the content from further access. Furthermore, the Provider provides no guarantee of the correctness and completeness of the content of information and data which are provided by third parties on the Provider’s website. For information on rights infringements, the following email address is available in addition to the other contact options: This email address is being protected from spambots. You need JavaScript enabled to view it..

 

8.3.   With respect to GPL-LimeSurvey extensions, the following applies: the above section 8.1 of § 8 also applies accordingly, insofar as these are not provided as a service within the framework of LimeSurvey Cloud.

 

8.4.   With respect to LimeSurvey extensions with a permanent standard licence, the following applies:

 

(1)  The Provider guarantees the agreed characteristics and that the Customer will be able to use the contract software without any violation of third-party rights. The material defect warranty does not apply to defects which result from the fact that the LimeSurvey extension is used in a hardware and software environment which does not meet the requirements specified in the LimeStore or to changes and modifications which the Customer makes to the LimeSurvey extension without being entitled to do so by law, by these GTC, or on the basis of prior written consent from the Provider.

(2)  If the Customer is an entrepreneur, he/she must inspect the contract software immediately upon receiving it for obvious defects and if any are identified, promptly report them to the Provider. Otherwise, any warranty for those defects is excluded. The same applies if such a defect comes to light later. Article 377 of the German Commercial Code (Handelsgesetzbuch – HGB) applies.

(3)  If the Customer is an entrepreneur (Article 14 of the BGB), in the event of a material defect, the Provider shall first have the right to render a supplementary performance, i.e. according to their own choosing to either eliminate the defect (“rectification”) or provide a replacement delivery. In connection with the replacement delivery the Customer shall, as the case may be, accept a new version of the software, unless this results in unreasonable impairments. In the event of legal defects, the Provider shall, as they wish, either provide the Customer with a legally flawless possibility of using the contract software, or change it such that no third-party rights are violated. Notwithstanding this, any of the aforementioned actions shall be permitted without restriction for the purposes of making the service available to any participants in surveys taking place within the context of LimeSurvey software.

(4)  The Provider shall have the right to carry out the warranty work on the Customer’s premises. The Provider shall also be deemed to have fulfilled their rectification obligation if they make updates equipped with an automatic installation routine available for downloading on their website and offer the Customer telephone support to solve any installation problems which may arise.

(5)  In the event that the rectification or replacement delivery fail twice, the right of the Customer to reduce the purchase price or rescind the contract, in accordance with their preferences, remains unaffected. A right of withdrawal shall not exist in the event of insignificant defects. If the Customer claims compensation for damages or compensation for wasted expenses, the Provider shall be liable in accordance with § 9.

(6)  If the Customer is a consumer, the statutory warranty rules apply without limitation.

(7)  With the exception of claims for compensation for damages, warranty claims due to material defects shall expire by time limitation in two years or in one year if no consumer is involved in the transaction. The time limitation shall begin after the notification and activation of the download for the respective LimeSurvey extension. § 9 applies to compensation claims for damages and compensation claims for wasted expenses.

(8)  If additional support and maintenance is commissioned, the elimination period for defects shall be based on the periods provided there.

 

8.5.   With respect to LimeSurvey extensions with a fixed-term standard licence, the following applies:

 

(1)  The Provider guarantees the maintenance of the contractually agreed characteristics of the LimeSurvey extension, within the framework of the technical requirements as specified in the LimeStore, throughout the term of the contract, as well as that no third-party rights oppose the use of the software in accordance with the contract. The licensor shall eliminate any material or legal defects that arise in the leased item within a reasonable period of time.

(2)  The Customer must promptly notify the Provider in writing of any defects in the software on their discovery. In the case of material defects the notification shall include a description of the time when the defects occurred and the detailed circumstances.

 

8.6   With respect to LimeSurvey extension update/support packages, the following applies: Legal regulations apply to LimeSurvey extension update/support packages which can be booked in the cases of sections 8.3 and 8.4.

 

§ 9 Liability

 

Irrespective of the legal basis, the Provider shall be legally liable only in accordance with the following provisions:

  1. The Provider shall be liable without limitation for losses resulting from loss of life or injury to the body or health, in the event of fraudulent conduct and in the event of wilful misconduct or gross negligence.
  2. For simple negligence the Provider shall only be liable insofar as key contractual obligations are breached, the fulfilment of which is essential to the proper execution of the contract and upon fulfilment of which the contract partner regularly relies and can rely (key obligations). That liability is limited to the foreseeable losses that may occur under a typical contract. These claims shall expire 12 months from the date of their occurrence.
  3. However, the above limitations and exclusions of liability do not apply to any legally prescribed mandatory strict liability (for example under the German Product Liability Act [Produkthaftungsgesetz]) or liability stemming from a guarantee irrespective of fault.
  4. The limitations and exclusions of liability also apply for the personal liability of the Provider’s employees, workers, representatives, corporate bodies and vicarious agents.

 

§ 10 Data protection


10.1   The Customer is advised that upon registration and use of the services, all the data recorded about him/her on the Provider’s website shall be stored and further processed in accordance with the German Data Protection Act (Bundesdatenschutzgesetz – BDSG), the German Telecommunications Act (Telekommunikationsgesetz – TKG) and the General Data Protection Regulation (GDPR), insofar as this is necessary for the performance of the contractual relationship.


10.2   The Customer has been informed in detail about the type, scope, location and purpose of the collection, processing and use of the personal data required for the performance of services in the privacy policy which is available on the Provider’s Online Presence.

 

10.3   In the context of using the Provider’s services, the Customer undertakes, among other things, to comply with data protection regulations so that, in particular, the consent of participants in surveys shall be obtained if necessary and they shall be adequately informed of the processing of their personal data.

 

10.4   In the event of support cases or other error reports related to a LimeSurvey extension, if necessary, the relevant LimeSurvey extension developer shall be involved, in connection with which Customer data will be passed on. Supplementary information can be found in the privacy policy.

 

§ 11 The Provider’s property rights

 

The Customer acknowledges that the Provider is exclusively entitled to all trademarks and other property rights associated with the service of LimeSurvey Cloud and all related trademarks and that they may not be used without the prior written consent of the Provider. Furthermore, no software of the service may be copied, decompiled or otherwise altered, unless the Provider explicitly agrees to this, it is otherwise regulated in § 8 or the respective act of use is permitted under the German Copyright Act (Urheberrechtsgesetz).

 

§ 12 Cancellation right

 

12.1   Cancellation right for paid services

If you are a consumer within the meaning of Article 13 of the BGB (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a cancellation right in accordance with legal provisions.

 

 

CANCELLATION POLICY

You have the right to cancel this contract within fourteen days without providing reasons.

 

The notice period for cancellation amounts to fourteen days from the date of the conclusion of the contract.

In order to exercise your cancellation right, you must inform us, LimeSurvey GmbH, Papenreye 63, 22453 Hamburg, This email address is being protected from spambots. You need JavaScript enabled to view it., by means of an unequivocal declaration (for example by email or by a letter sent by post) of your decision to cancel this contract. You can use the standard cancellation form attached to these GTC as an appendix for this purpose, although this is not required. To comply with the cancellation period, it is sufficient to send off notification of the exercise of the right of cancellation before the end of the cancellation period.

 

Consequences of cancellation

If you cancel this contract, we are obliged to reimburse all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the low-cost standard delivery we offer) immediately and no later than within fourteen days from the date when we received notification of your cancellation of this contract. For this reimbursement, we will use the same payment method that you used for the original transaction, unless explicitly agreed otherwise with you. On no account will you be charged any fees for this reimbursement.

 

If you have requested that the services begin during the cancellation period, you will pay us a proportionate amount corresponding to the portion of the services already performed in comparison to the total scope of the services provided for in the contract, up to the moment when you notify us of your exercising of your right of cancellation with respect to this contract.

 

 

12.2   Cancellation right for paid LimeSurvey extensions made available

If you are a consumer within the meaning of Article 13 of the BGB (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a cancellation right in accordance with legal provisions.

 

CANCELLATION POLICY

You have the right to cancel this contract within fourteen days without providing reasons.

 

The notice period for cancellation amounts to fourteen days from the date of the conclusion of the contract.

 

In order to exercise your cancellation right, you must inform us, LimeSurvey GmbH, Papenreye 63, 22453 Hamburg, This email address is being protected from spambots. You need JavaScript enabled to view it., by means of an unequivocal declaration (for example by email or by a letter sent by post) of your decision to cancel this contract. You can use the standard cancellation form attached to these GTC as an appendix for this purpose, although this is not required. To comply with the cancellation period, it is sufficient to send off notification of the exercise of the right of cancellation before the end of the cancellation period.

 

Consequences of cancellation

If you cancel this contract, we are obliged to reimburse all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the low-cost standard delivery we offer) immediately and no later than within fourteen days from the date when we received notification of your cancellation of this contract. For this reimbursement, we will use the same payment method that you used for the original transaction, unless explicitly agreed otherwise with you. On no account will you be charged any fees for this reimbursement.

 

§ 13 Amendments to the contractual terms and conditions

 

13.1   The Provider shall perform their services according to the state of the art of technology, taking into account economically reasonable expenses. They have the right to adjust their services at any time with respect to the technology used.

 

13.2   Thus, at the moment of registration/the placement of an order by the Customer the Provider’s current GTC apply.

 

13.3   With regard to ongoing contractual services, the Provider also has the right to change these GTC, their services in accordance with the service description, and/or these GTC and/or other conditions, with effect for the future. The Provider shall only carry out these changes for valid reasons, in particular those resulting from new technical developments, changes in case-law or other equivalent reasons. If the contractual balance between the parties will be significantly disrupted due to the change, the change will not be carried out. Otherwise, changes shall require the Customer’s consent (13.4) unless they simply concern linguistic changes/corrections.

 

13.4   The Customer shall be informed of any changes to the above terms and conditions by means of a notice in the user account of LimeSurvey and/or by email. The notification of the Customer shall specify an appropriate time limit for objecting to the changed terms and conditions. If the Customer fails to object within the specified time limit, he/she shall be deemed to have agreed to the changed conditions when the time limit ends. The Provider shall specifically inform the Customer in the notification of the possibility of objecting and the legal consequences of failing to object.

 

§ 14 General provisions, dispute resolution under Article 14 (1) of the ODR Regulation

 

14.1   These General Terms and Conditions and the entire legal relationship between the Provider and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

 

14.2   For contracts with traders, legal persons under public law or public special funds, Hamburg is agreed as the place of performance and place of jurisdiction. If the Customer has no general place of jurisdiction in Germany or relocates his/her place of residence or habitual residence after the conclusion of the contract out of the jurisdiction of the Federal Republic of Germany, the Provider’s registered office shall be the place of jurisdiction. This shall also apply if the place of residence or habitual residence of the buyer is not known at the time when the action is brought.

 

14.3   Any invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.

 

14.4   Online dispute resolution in accordance with Article 14 (1) of the ODR Regulation: the European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration body.

 

 

APPENDIX TO THE GTC

 

_____

 

Standard cancellation form

(If you would like to cancel the contract, please fill in this form and send it back to us.)

 

To

LimeSurvey GmbH

Papenreye 63

22453 Hamburg

 

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

 

Ordered on (*)/received on (*) ________________________________

 

Name of consumer(s) _________________________________________

 

Address of consumer(s) __________________________________________

 

Signature of the consumer(s) (only when the notification is paper-based) _____________________

 

Date __________________________

 

 (*) Delete as appropriate.